Cent. Coast Forest Ass'n v. Fish & Game Comm'n

*661 *1196 The California Endangered Species Act ( Fish & G. Code, § 2050 et seq., hereafter CESA) 1 provides that a wild, native, species may be added to or removed from the regulation listing endangered species by a finding of the Fish and Game Commission (Commission) based on scientific information from the Department of Fish and Wildlife (department). 2 (§§ 2074.6, 2075.5.) The standard for adding a wild, native species is that it is in serious danger of extinction. (§ 2062.) 3

The Commission added coho salmon in streams south of San Francisco (Santa Cruz County) to the list of endangered species in 1995 pursuant to a *1197 petition from the Santa Cruz County Fish and Game Advisory Commission. The Commission joined them with coho salmon north of San Francisco (to Punta Gorda) in 2004 as members of the Central California Coast (CCC) evolutionary significant unit (ESU). 4

The respondents Central Coast Forest Association and Big Creek Lumber Company (hereafter petitioners), have petitioned the Commission to remove (delist) coho salmon south of San Francisco from the list of endangered species in California. Petitioners own and harvest timber from lands in the area of the coho…