Parravano

ORDER

This matter came before the Court on Tuesday, August 10, 1993 on the parties’ Cross-Motions for Partial Summary Judgment and defendants’ Motion to Strike Plaintiffs’ Affidavits and Limit Review to the Administrative Record. Having carefully considered the parties’ written and oral arguments, and the record herein, the Court grants defendants’ motion to strike, and grants in part, and denies in part, the cross-motions for summary judgment as set forth below.

I.

OVERVIEW

The focal point of this action is the popular Klamath River fall chinook. These salmon 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 subsis tence and ceremonial needs. See, United States v. Eberhardt, 789 F.2d 1354, 1363 (9th Cir.1986) (cone, opin.) (overfishing has depleted the stocks of Klamath River…