UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ) ) ) ) ) ) ) ) ) STIPULATION AND NOTICE

Similar documents
U.S. District Court United States District Court for the Western District of Washington (Tacoma) CIVIL DOCKET FOR CASE #: 3:12-cv BHS

Sixty-Day Notice Of Intent To Sue For Clean Water Act Violations By Suction Dredge Mining On Salmon River Without A Permit

Case 3:12-cv BHS Document 67 Filed 11/15/12 Page 1 of 26

Case 3:12-cv BHS Document 180 Filed 01/23/14 Page 1 of 27

Case 6:17-cv MC Document 1 Filed 05/22/17 Page 1 of 12

Case 1:16-cv BLW Document 1 Filed 06/22/16 Page 1 of 11

August 2, 2016 MEMORANDUM. Council Members. SUBJECT: Bull trout ESA litigation update

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 4:13-cv KES Document 1 Filed 05/10/13 Page 1 of 9 PageID #: 1 UNITED STATES DISTRICT COURT

A. The above Covenant Not to Sue only becomes effective with Commission action such that:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Backgrounder and Frequently Asked Questions

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION

SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THURSTON COUNTY ) ) ) ) ) ) ) ) ) ) ) ) No. INTRODUCTION

Case 1:13-cv MCA-RHS Document 93-1 Filed 08/01/13 Page 1 of 13

In the Supreme Court of British Columbia

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Courthouse News Service

Case 1:13-cv JEB Document 20 Filed 05/15/14 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) )

COURT OF ARBITRATION FOR SPORT (CAS) Anti-doping Division XXIII Olympic Winter Games in Pyeongchang

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Hot Topics: Endangered Species Act. Presented by Kirk Maag, Stoel Rives LLP October 2016

Case 2:13-cv LKK-CKD Document 1 Filed 11/26/13 Page 1 of 14

UNITED STATES DISTRICT COURT DISTRICT OF OREGON MEDFORD DIVISION ) ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

Wild Steelhead Coalition Richard Burge Conservation VP September 11, 2006

ESCA. Endangered Species Conservation Act of 1969 Changed in 1973 to ESA Amended several times

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE. v. Hon. Robert L. Ziolkowski. Margaret A. Costello (P41868) James E.

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT. KAYAK Software Corporation, by its attorneys, Foley & Lardner LLP, for its Complaint

COOPERATIVE AGREEMENT RECITALS

Case 2:17-cv DB Document 191 Filed 09/22/17 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION. Defendant. JURY DEMANDED PLAINTIFF S ORIGINAL COMPLAINT

Exhibit K: Declaration of Kassia Siegel, Member and Center for Biological Diversity Staff (Nov. 28, 2011)

Case 4:15-cv Document 1 Filed in TXSD on 11/12/15 Page 1 of 12

Case 1:15-cv EGS Document 52-7 Filed 04/14/17 Page 1 of 7. Exhibit 7

World Boxing Council Consejo Mundial de Boxeo

Filing Fee: $88.00 Category: A

Summary of HSRG Findings for Chum Populations in the Lower Columbia River and Gorge

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) ) ) ) ) ) ) ) ) I. PARTIES

Spring-run Chinook Salmon Reintroduction Experimental Population Designation Elif Fehm-Sullivan National Marine Fisheries Service

Case 1:15-cv JAW Document 1 Filed 08/17/15 Page 1 of 17 PageID #: 1 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

I am writing you on behalf of Shell Offshore, Inc. and Shell Gulf of Mexico, Inc. (collectively

Nez Perce Treaty of 1855

TESTIMONY OF THE COLUMBIA RIVER TREATY TRIBES BEFORE PACIFIC FISHERIES MANAGEMENT COUNCIL April 12, 2010 Portland, OR

Jamestown S Klallam Tribe Natural Resources Department. Scott Chitwood Natural Resources Director March 8, 2008

U.N. Gen. Ass. Doc. A/CONF.164/37 (8 September 1995) < pdf?openelement>.

History of the Act S Tribal Perspectives on the Native American Fish and Wildlife Resources Act of 2004

Case Doc 1 Filed 10/06/09 Entered 10/06/09 18:33:53 Desc Main Document Page 1 of 11

UNITED STATES OF AMERICA BEFORE THE FEDERAL REGULATORY ENERGY COMMISSION

JUNE 1993 LAW REVIEW ENDANGERED SEA TURTLES PROTECTED DURING CITY BEACH RESTORATION

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

OREGON AND WASHINGTON DEPARTMENTS OF FISH AND WILDLIFE JOINT STAFF REPORT SUMMER FACT SHEET NO.

Case 3:15-cv RJB Document 1 Filed 03/03/15 Page 1 of 26

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Employer Name: NOAA Fisheries, Northwest Fisheries Science Center

Chinook Salmon Transfers by WDF. A long history of genotypic mixing raises questions about current policy

Washington State Fish Passage Barrier Removal Projects. Casey Kramer, PE WSDOT State Hydraulics Engineer

Hoh River Wild Steelhead on the Brink

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE RELIEF. Plaintiff, Defendants. I INTRODUCTION

[Docket No. FWS HQ MB ; FF09M FXMB123209EAGL0L2] Eagle Permits; Removal of Regulations Extending Maximum Permit Duration of

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA. Case No.

UNITED STATES DISTRICT COURT DISTRICT OF OREGON EUGENE DIVISION

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Follow this and additional works at:

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE EASTERN DISTRICT

Case 3:16-cv Document 1 Filed 03/31/16 Page 1 of 96

Hammer-Schlagen Stump Registers As Trademark

Case 3:18-cv Document 1 Filed 03/15/18 Page 1 of 13

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICAL DISTRICT AT ANCHORAGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

ELWHA FISHERIES OFFICE

Case 1:10-cv Document 1 Filed 05/27/10 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Ecosystem Management Model

Case 9:11-cv DWM Document 64 Filed 06/21/11 Page 1 of 7

Case 2:11-cv JAW Document 8 Filed 07/12/11 Page 1 of 6 PageID #: 479 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

Case 1:18-cv Document 1 Filed 11/29/18 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Pat DeHaan and Brice Adams. Sam Brenkman and Pat Crain

Case 2:19-cv Document 1 Filed 04/03/19 Page 1 of 21 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Case 3:12-cv MAS-LHG Document 1 Filed 08/07/12 Page 1 of 12 PagelD: 1

Up Your Creek! The electronic newsletter of the Alameda Creek Alliance

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA. Plaintiffs, Defendants.

U.S. Fish and Wildlife Service Native American Crosscut Funding

Counsel for Amicus Curiae Applicant Safari Club International IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

107 FERC 61,282 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

Implementing Hatchery Reform in the State of Idaho

Perspectives of a State Director Selective fisheries as a tool in fisheries management and salmon recovery

February 23, Patty O Toole Manager, Fish and Wildlife Program Implementation Tony Grover - Director, Fish and Wildlife Division

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON

Arbitration CAS anti-doping Division (OG Rio) AD 16/006 International Olympic Committee (IOC) v. Kleber Da Silva Ramos, award of 20 August 2016

Steelhead Sport Fishing Regulations Proposals Vancouver Island Region for April 1, 2007

Third District Court of Appeal State of Florida

Case 1:18-cv RJS Document 2 Filed 05/24/18 Page 1 of 16

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

State of Washington Dept. of Fish and Wildlife invites applications for the position of: Permanent Fisheries Biologist 4 *

Case 2:13-cv RJS-EJF Document 2 Filed 08/27/13 Page 1 of 21

COASTAL CONSERVATION ASSOCIATION

Transcription:

Case :-cv-00-bhs Document - Filed 0// Page of HONORABLE BENJAMIN H. SETTLE 0 WILD FISH CONSERVANCY, et al., v. Plaintiffs, NATIONAL PARK SERVICE, et al., Defendants, STIPULATION AND [PROPOSED] ORDER - UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA STIPULATION AND NOTICE STIPULATION AND [PROPOSED] ORDER WHEREAS, Plaintiffs have brought this action under the Endangered Species Act, National Environmental Policy Act, Elwha River Ecosystem and Fisheries Restoration Act, and the Wilderness Act based on, among other things, claims that Federal and Tribal defendants actions related to operation of the Elwha River Hatchery Programs cause harm to species listed as endangered or threatened under the ESA, including but not limited to Puget Sound Steelhead; and WHEREAS, Plaintiffs had informed Defendants that they planned to seek interim relief in the form of a motion for preliminary injunction seeking to prohibit Tribal Defendants from East John Street ( 0-

Case :-cv-00-bhs Document - Filed 0// Page of 0 releasing any Chambers Creek Steelhead from the Tribal Hatchery into the Elwha River while this matter is pending; and WHEREAS, Plaintiffs and the Tribal Defendants, as identified herein, both desire to eliminate the need to litigate these issues of preliminary relief, and have accordingly reached agreement as follows:. During, Tribal Defendants will not release any Chambers Creek steelhead from the Elwha River Hatchery operated by the Lower Elwha Klallam Tribe ( Tribal Hatchery into the Elwha River or its tributaries, and will take any and all such actions as are necessary to ensure that Chambers Creek steelhead from this hatchery are not released into the Elwha River and its tributaries during.. Tribal Defendants reserve all defenses, and by entering into this Stipulation do not admit or concede anything, including: that any of the claims in this lawsuit have merit; that any of the facts alleged in the complaint are true; that they have acted or failed to act as alleged in the complaint; that they are liable as to any claims in the lawsuit; that interim relief is necessary or appropriate; that release of Chambers Creek steelhead would result in any harm or hardship to the plaintiffs or any other person or party; or that the Court has jurisdiction as to Tribal Defendants or the claims against them.. Plaintiffs reserve all remedies except for any motion to seek a preliminary injunction to prevent the release of Chambers Creek steelhead from the Tribal Hatchery into the Elwha River and its tributaries during. Plaintiffs expressly promise not to seek, and will not seek, a preliminary injunction in this case, or related to the claims in this case, seeking to prevent the release of Chambers Creek steelhead from the Tribal STIPULATION AND [PROPOSED] ORDER - East John Street ( 0-

Case :-cv-00-bhs Document - Filed 0// Page of 0 Hatchery into the Elwha River or its tributaries in unless Tribal Defendants release or give notice that they plan to release Chambers Creek Steelhead into the Elwha River or its tributaries at any time in. Plaintiffs reserve the right to seek any other form of preliminary relief, including a preliminary injunction to prevent the release of Chambers Creek steelhead from the Tribal Hatchery into the Elwha River or and its tributaries after, which request for relief may be filed before the expiration of. In the event Plaintiffs intend to seek preliminary or interim relief for any purpose in, Plaintiffs shall provide Tribal Defendants with at least three weeks advance written notice prior to the filing of any motion.. Tribal Defendants will notify Plaintiffs in writing in the event they intend to release Chambers Creek steelhead into the Elwha River or its tributaries in. Plaintiffs will have an opportunity to seek relief in the form of a preliminary injunction or temporary restraining order to enforce this agreement. Tribal Defendants may defend against the motion by asserting any defense, but will not release any Chambers Creek steelhead into the Elwha River or its tributaries until the motion is heard and decided by the Court. Tribal Defendants will abide by the decision of the Court.. Tribal Defendants will promptly notify Plaintiffs in writing in the event they dispose of the Elwha River Hatchery production of Chambers Creek Steelhead in a manner that renders it impossible to subsequently release such fish into the Elwha River. The undersigned representatives for the parties certify that they are authorized by the parties they represent to enter into this Stipulation and to bind the parties thereto. STIPULATION AND [PROPOSED] ORDER - East John Street ( 0-

Case :-cv-00-bhs Document - Filed 0// Page of 0 For Tribal Defendants Robert Elofson in his official capacity as the Director of the River Restoration Project for the Lower Elwha Klallam Tribe, Larry Ward in his official capacity as the Hatchery Manager and Fisheries Biologist for the Lower Elwha Klallam Tribe, Doug Morrill in his official capacity as the Fisheries Manager for the Lower Elwha Klallam Tribe, and Mike McHenry in his official capacity as the Fisheries Habitat Biologist and Manager: s/ Stephan H. Suagee Stephen H. Suagee, WSBA # Lower Elwha Klallam Tribe General Counsel Lower Elwha Road Port Angeles, WA Tel: (0 -; Fax: (0 - Email: steve.suagee@elwha.nsn.us For Plaintiffs Wild Fish Conservancy, Wild Steelhead Coalition, Federation of Fly Fishers Steelhead Committee, and Wild Salmon Rivers d/b/a Conservation Angler: s/ Brian A. Knutsen Brian A. Knutsen, WSBA # 0 Smith & Lowney, PLLC E. John St.; Seattle, WA Tel: ( 0-; Fax: ( 0- Email: briank@igc.org STIPULATION AND [PROPOSED] ORDER - East John Street ( 0-

Case :-cv-00-bhs Document - Filed 0// Page of 0 Presented by: PURSUANT TO THIS STIPULATION, IT IS SO ORDERED DATED this day of,. s/ Stephan H. Suagee Stephen H. Suagee, WSBA # Counsel for Tribal Defendants s/ Brian A. Knutsen Brian A. Knutsen, WSBA #0 Counsel for Plaintiffs STIPULATION AND [PROPOSED] ORDER - HONORABLE BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE East John Street ( 0-