Yesterday at 5pm, Fish Northwest filed its appeal with The United States Court of Appeals FOR THE NINTH CIRCUIT. In the appeal, FNW stated the following concerning the actions of NMFS as related to the ESA, in which NMFS:

1. Failed To Ensure Compliance with U.S. v. Washington (aka. Boldt).

2. Has Failed to Ensure No Jeopardy and Acted Arbitrarily and Capriciously.

3. Fails to Ensure no Jeopardy In Violation of Section 7.

4. Acted Arbitrarily and Capriciously, Because it Authorizes the Harvest of Listed Salmon at a Rate That Exceeds the Maximum Rate of Harvest That Can Occur Without Jeopardizing the Existence of the Listed Species.

5. Ignored the Known Risk of Hatchery Fish Spawning in the Wild (for which FNW calls for increased selective fishing).

6. Acted Arbitrarily and Capriciously Because it Fails to

Coordinate Harvest with Hatchery Genetic Management.

7. Acted Arbitrarily and Capriciously by Failing to Manage Hatchery and Harvest Management Jointly.

8. Acted Arbitrarily and Capriciously, Because It Fails to Account for the Increased Risk of Single Year Fisheries Authorizations.

The doc link can be found here and on our website. https://secureservercdn.net/…/2022/11/Notice-of-Appeal.pdf

Brett Rosson

President, Fish Northwest