123456789101112131415161718192021222324252627283After consideration of the testimony of thewitnesses, the exhibits received in evidence, the writtenbriefs of the parties, oral arguments, and the parties’proposed findings of fact and conclusions of law, Docs.316 & 314, and disapprovals thereto, Docs. 320, 321 &336, the following findings of fact and conclusions oflaw concerning the motion for interim relief/preliminaryinjunction are entered.To the extent any finding of fact may be interpretedas a conclusion of law or any conclusion of law may beinterpreted as a finding of fact, it is so intended.II.
BACKGROUNDThe 2009 Salmonid BiOp found that planned coordinatedProject operations would jeopardize the continuedexistence of and/or adversely modify the critical habitatof several of the Listed Species.
BiOp at 1-2. Asrequired by law, NMFS proposed a Reasonable and PrudentAlternative (“RPA”) that imposes a number of operatingrestrictions and other measures on the Projects. The RPAincluded numerous elements for §each of the variousproject divisions and associated stressors, which NMFSconcluded “must be implemented in its entirety to avoid
Jeopardy was found as to all of the covered species; adversehabitat modification was found as to the designated critical habitatof winter-run, spring-run, steelhead, and green sturgeon. BiOp at1-2.
Case 1:09-cv-01053-OWW-DLB Document 347 Filed 05/18/2010 Page 3 of 134