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Chambers
of
JAMES
A.
REDDEN
United
StatesDistrict
Judge
United States District Court
DISTRICT OF OREGON
1527
United States Courthouse1000
S.W.
Third Avenue
Portland, Oregon 97204-2902
May 3, 2011
Phone:
503-326-8370Fax: 503-326-8379
To: Counsel
of
Record, Nat'l Wildlife Fed'n v. Nat'l Marine Fisheries Serv., CV 01-640 RERe: May
9,
2011 Oral ArgumentDear Counsel,On May 9, 2011, we will meet in the 16
th
floor cOUliroom at 9:30 a.m. We may carryoverinto the early afternoon, but I do not anticipate that argument will last all day.Please make any client introductions as brief as possible. I would like to hear fromFederal Defendants, NWF, and Oregon on each issue. Each
of
the remaining parties will thenhave no more than five minutes to make additional points. We will then move to the next issue.We will break at noon, and reconvene at 1:30 p.m.,
if
necessary.Please focus on the following issues:(1) Federal Defendants argue that
if
there is any positive growth in abundance orproductivity
(i.
e.
a greater than 1 to 1 ratio
of
adult returns per spawner), a species is "trendingtoward recovery" and thus not likely to be 'Jeopardized." Does this mean that an incrementalsurvival improvement is sufficient to avoid jeopardy regardless
of
the already vulnerable status
of
the species?(2) Does Federal Defendants' most recent data reflect increased survival and recoverygaps for most
of
the listed populations?
If
so, what are the consequences?(3) Are Federal Defendants' predictions regarding the specific survival benefits
of
habitatimprovement based upon independent, reliable, and scientifically verifiable information? LandsCouncil
v.
McNair, 629 F.3d 1070, 1078-79 (9th Cir. 2010).
Case 3:01-cv-00640-RE Document 1844 Filed 05/03/11 Page 1 of 2 Page ID#:24264
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