Stein
Stein v. Dept. of Fish and Wildlife CA3
Opinion
Opinion
Facts Alleged by Stein Various owners and operators have raised trout at KTF in Calaveras County since 1967. Stein owned and operated KTF from 1980 to 1997.4 In 1982, the DFG identified Myxobolus cerebralis (Mc) in waters supplying KTF. Mc is a parasite that can cause whirling disease under certain conditions. Whirling disease affects trout and was categorized as a serious disease in California Code of Regulations, title 14, section 245. The DFG’s policy was to contain Mc within known infected water basins, and prohibit activities that could aggravate the parasite’s impacts or increase its geographic distribution. The DFG allowed established aquaculturists to continue producing and distributing commercially infected fish under the conditions of a
3 In 2007, William Cox was the supervising biologist of the Fisheries Branch, and reported to Neil Manji. Manji was the Fisheries Branch Chief of the DFG. John McCamman was first Chief Deputy Director, then Acting Director, of the DFG. We refer to the individual respondents by their last names, and the individual respondents and DFG collectively as respondents. 4 In addition to being the owner of KTF, Stein was once employed by DFG,…