silverfox
Well-known member
- Joined
- Oct 4, 2006
- Messages
- 1,928
This whole situation is very interesting to me because it's wading into an area of law that isn't well established yet. I suspect, based on the small amount of legal precedence that does exist (from a lawsuit against the CADF&G), that legal precedence may be set soon that forces state F&G agencies to submit environmental impact reports on the impact of stocked trout. Of course CA has fought tooth and nail to avoid having to do it. Pretty funny (sad) that a state agency charged with protecting state resources would appeal to the ends of the earth to avoid having to provide impact statements on trout stocking.
It makes logical sense to me. If a polluter were negatively impacting a designated critical habitat for a T/E species, they would be subject to all the remedies under the ESA (and other laws). A very well-pedigreed environmental lawyer told me a while back that "it's not up to the scientific community to prove there is harm to T/E species by stocked nonnative trout, but rather up to the states' F&G agencies to prove there is none." I think we forget that this change in mindset that stocked nonnative trout aren't harmless is still a very new thing (from a legal perspective).
It makes logical sense to me. If a polluter were negatively impacting a designated critical habitat for a T/E species, they would be subject to all the remedies under the ESA (and other laws). A very well-pedigreed environmental lawyer told me a while back that "it's not up to the scientific community to prove there is harm to T/E species by stocked nonnative trout, but rather up to the states' F&G agencies to prove there is none." I think we forget that this change in mindset that stocked nonnative trout aren't harmless is still a very new thing (from a legal perspective).