Environmental Protection Information Center v. Ayers et al

Filing 44

ORDER APPROVING AMENDED STAY ORDER; DIRECTING PARTIES TO FILE JOINT STATUS REPORT. Plaintiff and State Defendants shall file a Joint Status Report no later than December 8, 2014. Signed by Judge Maxine M. Chesney on February 3, 2014. (mmclc1, COURT STAFF) (Filed on 2/3/2014)

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KAMALA D. HARRIS
Attorney General of California
ANNADEL A. ALMENDRAS
Supervising Deputy Attorney General
DANIEL S. HARRIS (SBN 157433)
MARC N. MELNICK (SBN 168187)
Deputy Attorneys General
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Charlton H. Bonham,
Stafford Lehr, and Neil Manji

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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ENVIRONMENTAL PROTECTION
INFORMATION CENTER,

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v.
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Case No. C-13-00656-MMC-NJV

PLAINTIFF’S AND STATE
Plaintiff, DEFENDANTS’ STIPULATION
AMENDING EXISTING STAY ORDER
AND [PROPOSED] ORDER
APPROVING AMENDED STAY ORDER ;
DIRECTING PARTIES TO FILE JOINT STATUS
REPORT

JERRY AYERS; STAFFORD LEHR;
CHARLTON H. BONHAM, NEIL MANJI,
PAT OVERTON; ROWAN GOULD; JEFF
UNDERWOOD; UNITED STATES FISH
AND WILDLIFE SERVICE,

Courtroom:
Judge:
Trial Date:
Action Filed:

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Honorable M.M. Chesney
None Set
February 13, 2013

Defendants.

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Plaintiff Environmental Protection Information Center and Defendants Stafford Lehr,

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Charlton H. Bonham, and Neil Manji (“State Defendants”) hereby stipulate to and respectfully

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request that the Court amend the Court-ordered stay entered on May 31, 2013 (as amended on

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July 3, 2013) as to the claims against State Defendants, as set forth below. That previous court

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order stayed this case for one year, and also set certain conditions. One of those conditions was

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that “Prior to entry of a judgment as to State Defendants in this action, and absent a Hatchery and
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P.’S & STATE DS.’ STIPULATION AMENDING EXISTING STAY ORDER & [PROP.] ORDER (No. C-13-00656-MMC-NJV)

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Genetic Management Plan (‘HGMP’) or take permit approved or issued by the National Marine

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Fisheries Service (‘NMFS’), State Defendants will not collect, trap, or use natural origin (ESA-

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listed) steelhead trout for broodstock at the Mad River Hatchery.” ECF #32 at 2:15-18. As

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explained in the attached Exhibit A, NMFS believes that progress has been made on development

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of an HGMP, and has requested that Plaintiff agree to collection of natural origin steelhead trout

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in the coming brood year.

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Therefore, Plaintiff and State Defendants agree to amend the existing stay order so that:

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1.

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State Defendants (and employees at the California Department of Fish and Wildlife)
may collect, trap, and/or use natural-origin steelhead trout as broodstock at the Mad

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River Hatchery in January, February, and March 2014, provided that:

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a.

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For each spawning pair of steelhead trout in that time period, the Mad River
Hatchery will use at least one natural-origin steelhead;

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b.

The goal for the broodstock collected in January, February, and March 2014 is

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to produce 150,000 steelhead yearlings for release in 2015, but if not enough

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natural-origin steelhead are available for use in the broodstock, under the terms

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of this stipulation, then only offspring of at least one natural-origin steelhead

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will be released in 2015;

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c.

If more natural-origin steelhead are available at the Mad River Hatchery in

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January, February, and March 2014, the hatchery will try to match natural-

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origin steelhead with natural-origin steelhead;

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2.

State Defendants agree that Plaintiff is a prevailing party in this case under Section

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11(g)(4) of the Endangered Species Act through at least the date of the Court’s

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approval of this stipulation; and

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3.

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The stay shall be extended until November 30, 2014, or the date NMFS approves an

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2.
P.’S & STATE DS.’ STIPULATION AMENDING EXISTING STAY ORDER & [PROP.] ORDER (No. C-13-00656-MMC-NJV)

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HGMP for the Mad River Hatchery, whichever occurs first.
Date: January 28, 2014

Respectfully submitted,

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/s/ Peter M.K. Frost

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PETER M.K. FROST, pro hac vice
Sharon E. Duggan
Attorneys for Plaintiff

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KAMALA D. HARRIS
Attorney General of California
ANNADEL A. ALMENDRAS
Supervising Deputy Attorney General

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/s/ Marc N. Melnick

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MARC N. MELNICK
Deputy Attorney General
Attorneys for State Defendants

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Pursuant to the stipulation of the parties, IT IS SO ORDERED.
IT IS FURTHER ORDERED that plaintiff and State Defendants shall file a Joint Status Report no
later than December 8, 2014.

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Date: February __, 2014

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_______________________________
MAXINE M. CHESNEY
United States District Judge

OK2013205367
Mad River stipulation amending stay order

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3.
P.’S & STATE DS.’ STIPULATION AMENDING EXISTING STAY ORDER & [PROP.] ORDER (No. C-13-00656-MMC-NJV)