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3 SandBar 1 (2004-2005)

handle is hein.journals/sndbr3 and id is 1 raw text is: Legal Reporter for the National Sea Grant College Program Volume 3:1, April 2004 Stocking Project Deemed Commercial Enterprise Wilderness Society v. U.S. Fish & Wildlife Service, 353 F.3d 1051 (9th Cir. 2003). Luke Miller, 2L' Salmon are creatures of habit, especially when it comes to spawning. Up the same creek or river they swim until they reach the spot where their own life began. Humans are habitual as well. We wait at the mouth of the river where we have watched the salmon leave their spawning grounds for the open ocean and proceed to scoop them out of the water for subsequent sale. In order to per- petuate this human habit in one particular spot off the Alaskan coast, a group of commercial fisher- men joined together and took over a salmon-stock- ing project once used to study fish stocks in the wild, and proceeded to turn research into a com- mercial activity. For years, the number of fish returning to the ocean remained unnaturally high providing an adequate harvest for regional fisher- men because researchers were collecting the eggs of returning salmon, hatching the eggs in captivity and releasing half-grown salmon back into the wild. This was a fairly well designed project except for one detail - the development of the salmon to adulthood required the resources of the Kenai National Wildlife Refuge in Alaska. Background Kenai National Wildlife Refuge has a deep-rooted past. In 1941, Franklin D. Roosevelt set aside roughly two million acres of Alaska's Kenai Peninsula as the Kenai National Moose Range. In 1980, Congress passed the Alaska National Interest Lands Conservation Act (ANILCA), which updated the name of the Kenai Moose Range to the Kenai National Wildlife Refuge; expanded the Refuge's territory; and designated 1.35 million acres of the Refuge, including Tustumena Lake, as national wilderness under the 1964 Wilderness Act. See Alaska, page 14 Water Users Awarded ot Over $14 Million Tulare Lake Basin Water Storage District v. U.S., 59 Fed. Cl. 246 (2003). Stephanie Showalter, J.D., M.S.E.L. In 2001, the U.S. Court of Federal Claims deter- mined that certain California water users were entitled to compensation under the Fifth Amendment for the loss of contractually conferred water due to governmental restrictions imposed to protect the delta smelt and winter-run chinook salmon.1 In December 2003, following a separate trial on damages, the court concluded that the water users were owed damages in the amount of $13,915,364.78 plus interest. Background This litigation revolves around two water projects in California: the Central Valley Project (CVP), See Tulare Lake, page 18

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