Schlip v. Oregon Fish & Wildlife Commission

This is a petition for judicial review pursuant to ORS 183.400,1 challenging the validity of rules adopted by respondent Oregon Fish and Wildlife Commission (Commission). Petitioners allege that the escapement goals and ocean harvest quotas set pursuant to these rules have devastated the ocean Coho salmon fisheries of Oregon and should be invalidated. We uphold the challenged rules.

In 1983, the Oregon legislature directed the Commission to adopt rules governing public and private salmon hatchery practices.2 The Commission thereupon promulgated administrative rules directed at salmon…