Parravano

ORDER

This matter came before the Court on April 25, 1994 on defendants’ Motion to Strike or to File a Supplemental Opposition to Amicus Memoranda, plaintiffs’ Motion for Partial Summary Judgment, plaintiffs’ Motion to Strike Extraneous Matters, and defendants’ Motion to Dismiss. After careful consideration of the parties’ oral and written arguments and the record herein, the Court grants defendants’ motions to file a supplemental opposition and to dismiss, and denies plaintiffs’ motions to strike and for partial summary judgment.

FACTUAL BACKGROUND:

The focal point of this action is the popular Klamath River fall chinook salmon. These anadromous fish spawn in the Klamath River and its upper tributaries, migrate downstream to the ocean, and then return to their fresh water origins at age three or four to spawn and then die. An unfortunate combination of overfishing, prolonged drought, and habitat degradation have led to significantly depressed levels of Klamath chinook stock, to the detriment of commercial fishing interests, sport fishermen, and the Native American tribes who rely on these fish for subsistence and ceremonial needs. See, United States v. Eberhardt, 789 F.2d…