Daley

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT, AND REMANDING TO DEFENDANT SECRETARY FOR FURTHER CONSIDERATION AND DECISION

On October 13, 2000, the Court heard argument on the parties’ cross-motions for summary judgment. Having carefuby considered the arguments of the parties and the papers submitted, the Court GRANTS plaintiffs’ motion for summary judgment and DENIES defendants’ cross-motion for summary judgment for the reasons set forth below.

BACKGROUND

Plaintiffs Federation of Fly Fishers, et al. (“Fly Fishers”)chaUenge a March 19, 1998 Final Rule by the Secretary of Commerce, acting through the National Marine Fisheries Service (“NMFS”), not to list the Klamath Mountains Province Evolutionarily Significant Unit (“ESU”)of steelhead as a threatened species under the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 et seq. For purposes of listing under the ESA, a “species” is defined by geographical population segments called ESUs. Administrative Record (“AR”)Ex. 15 at 3. The Klamath Mountains Province ESU of steelhead occupies river basins in the Elk River in southern Oregon through the Klamath River in…