This is a very informative thread. It is nice to see some really heavy thinking going on.
Several points I wish to address:

One, Judge Hogan’s ruling was legally correct because NMFS mistakenly included hatchery salmon in population counts on some river systems while excluding them on others. Had they been more restrictive and not counted any hatchery salmon they could have withstood this court challenge.

Two, it is important to note that Judge Hogan decided not to allow parties not included in the original lawsuit the right to appeal. This was also legally correct, after a ruling is made a new party can not go to the judge and say “but you forgot about this…” It is more than likely that filing a new action based on ESA presidents will gain a stronger legal foothold with regards to protecting habitat. Rulings from the Snail Darter case will more than likely provide ample case history.

Three, in Oregon, state statutes require ODFW not to just protect salmon runs from extinction but also to return them to historic levels. We as sport fishermen need to emphasize the importance of habitat in any recovery. Reliance on hatcheries while neglecting habitat is what put us in this mess we call salmon recovery. We also need to emphasize sport fishing’s selective harvest ability. This will give us the lion’s share of the harvestable salmon and will greatly improve wild runs. Gill nets are the worst harvest method we have now, but are still utilized. Getting rid of gill nets should be a no-brainer.

It is important that we as sport fishermen take action to protect both our sport and our natural resource. This is however, a very fluid situation. It may not be possible to predict exactly what is going to happen or who is going to do it and when, but it does not mean we should not plan and strategize for any or every contingency. Politics is a lot like Chess; we must have all of our possible choices planed out 6 to 10 moves in advance. We must be aware of what can happen and not seem to be reactionary to each new turn of event. But foremost, we must strive to do what is best for the wild fish themselves. They are the most important in this entire equation. Focusing on the wild salmon’s needs will lend credence to our position as well as educate the people at the upper levels to our sincerity. Doing what is best for wild salmon will also be best for sports fishermen, Farmers, and loggers “in the long run”.
It is the short term that decisions that pose the worst threat.

POS Clerk