Spring 1999 Wild Califonia

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EPIC & Southwest Center Sue
for Coho Critical Habitat

On January 13, 1999, EPIC and the Southwest Center for Biological Diversity filed a lawsuit against the National Marine Fisheries Service (NMFS) for failing to designate critical habitat for the threatened coho salmon. Under the federal Endangered Species Act, federal agencies like NMFS are not allowed to "adversely modify" designated critical habitat through actions they either undertake, permit or fund.

However, NMFS has now approved a federal permit as part of the Pacific Lumber Habitat Conservation Plan that could allow for outright destruction of coho habitat. The plaintiffs allege that approving the permit before designating critical habitat is illegal.

NMFS has promised on many occasions to make a final determination, but has failed to keep these promises despite the insistence of numerous individuals and organizations in the conservation and fisheries communities. The lawsuit alleges that NMFS also clearly failed to meet deadlines mandated by the ESA. We are now awaiting a response from the agency as well as a hearing in federal court on the matter.

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