53) See 2000 BIOP, supra note 49, at 1-14, 1-15 tbl.
56) 2004 BIOP, supra note 54, at 8-4 to -38 & tbl.
67) See 2004 BIOP, supra note 45, at 4-10, 4-19, 4-24 (explaining
2004 BIOP, supra note 45, at 4-17, 4-21 (noting, however, that the
The Ninth Circuit first held that the text of the ESA clearly does not require BiOps to contain ITSs for threatened plants.
BRIEF CHRONOLOGY 1960's Large trawlers first begin fishing the BSAI 1978 FMPs for the GOA fishery; associated EIS 1981 FMPs for the BSAI fishery; associated EIS 1980's Fishing increases; Stellers decline; dozens of FMPs amendments and associated EA/FONSI Nov 21 1989 NGO's petition to list the Steller as endangered March 1990 The NMFS appoints a Steller Recovery Team April 5 1990 The NMFS emergency-lists the Steller as threatened Nov 26 1990 The Steller officially listed as threatened April 18 1991 BiOps for both FMPs -- no jeopardy or adverse modification 1991 Suit against the NMFS -- ESA & NEPA claims 1992 Dist.
322) Several other BiOps had reached the opposite conclusion, including the GOA BiOp produced eight months earlier.
85) The several BiOps relating to protected species in the Columbia and Snake Rivers have been extensively litigated.
The four purposes are: 1) to "[i]mplement water management measures" of relevant BiOps issued under the ESA, 2) to "[a]ssist in meeting the biological performance standards" of BiOps, 3) to meet non-ESA requirements such as "[flood risk management], hydropower, irrigation, navigation, recreation, and fish and wildlife not listed under the ESA," and 4) to "[c]onsider the recommendations [of the] Northwest Power and Conservation Council's Fish and Wildlife Program.
176) However, the dam operations prescribed by BiOps have not
subject to section 7 consultation, which results in BiOps on hydropower
in the 2004 BiOp was unlike that in its earlier BiOps because the agency