Northwest Resource Information Center, Inc. v. National Marine Fisheries Service

Opinion by Judge NOONAN.

Northwest Resources Information Center, et al. brought suit against the Bonneville Power Administration, the Army Corps of Engineers, the Bureau of Reclamation, and. the National Marine Fisheries Service, claiming violation of the Endangered Species Act ( 16 U.S.C. § 1531 et seq.) and its implementing regulations (50 C.F.R. Part 402), and the Administrative Procedure Act ( 5 U.S.C. § 551 et seq.). The district court dismissed the case against the Bonneville Power Administration for lack of jurisdiction. 818 F.Supp. 1399 (W.D.Washington 1993). The plaintiffs and an intervenor-defendant appeal. We affirm the district court.-

BACKGROUND

As of November 20, 1991 the National Marine Fisheries Service identified the Snake River sockeye as an efidangered species. 56 Fed.Reg. 58,619. As of May 22, 1992 it similarly listed the Snake River spring/summer and fall chinook as threatened species under the Endangered Species Act. 57 Fed.Reg. 14,661. That law treats as a species any “distinct population segment of any species of vertebrate ... which interbreeds when mature.” 16 U.S.C. § 1532 (16). Under an “interim policy” adopted in 1991 by the National Marine…