Today the defendants’ (NMFS) motion to dismiss was granted. While the court order says that it is granting the motion to dismiss, this by no means spells the end for the lawsuit. The court dismissed some claims and is allowing some claims to move forward. This means that FNW survived the defendants’ procedural objections and will get to present the merits of some of its claims to the court. FNW’s main claim, that NMFS failed to ensure no jeopardy (the protection of ESA listed wild fish) will proceed. The judge wants a more specific recitation of FNW’s injury and directed FNW to file an amended complaint with those specifics by Nov. 1.In part of this second suit, we set out to ensure WDFW could obtain their own Section 7 permit. We did that and now get to directly challenge NMFS’ approval of the treaty fisheries that are putting the very survival of Puget Sound chinook in jeopardy.FNW’s first suit regarding 50/50 allocation under the Boldt decision is still pending in the courts. We will keep you in informed as to the case’s progress.
President, Fish Northwest