Pacific Coast Federation of Fishermen's Ass'n v. National Marine Fisheries Service

ORDER

The opinion filed May 31, 2001, slip op. 6689 and appearing at 253 F.3d 1137 (9th Cir.2001) is amended as follows: At slip op. 6707 and 253 F.3d at 1147, delete the last paragraph and replace with:

With the opinion thus amended, the panel has unanimously voted to deny National Marine Fisheries Service’s petition for rehearing and Douglas Timber Operators’ and Northwest Forestry Association’s petition for rehearing.

OPINION

Six environmental organizations sued the National Marine Fisheries Service *1031 (“NMFS”) for declaratory and injunctive relief to challenge four biological opinions which had the effect of clearing the way for 28 proposed timber sales in the Umpqua River watershed in southwestern Oregon. The district court granted substantial relief and the defendant agency, together with intervening timber operators, appeal.

The Pacific Coast Federation of Fishermen’s Associations, Inc. and five other organizations representing fishermen and environmental concerns are collectively referred to as “Pacific Coast.” Their principal claim is that the “no jeopardy” opinions issued by NMFS filed in Seattle, where the agency has its regional headquarters, were arbitrary and…