Image provided by: Hannon Library, Southern Oregon University; Ashland, OR
About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Jan. 17, 2008)
IRL; W ASHb Spilyay Tym oo, Warm Springs, Oregon Page 12 January 17, 2 0 0 8 Judge threatens jail for official over fire retardant (AP) - A federal judge in Montana said Friday he's pre pared to hold the U.S. Forest Service in contempt of court for a “duplicitous” strategy of skirt ing the law so it can keep fight ing wildfires with retardant that kills fish. Judge Donald W. Molloy set a Feb. 26 hearing in U.S. District Court in Missoula to give the Forest Service a chance to con v in ce him that A g ricu ltu re U n d ersecretary M ark Rey should not be put in jail and fire retardant drops from aircraft be stopped nationwide until the agency properly considers the dangers to the environment. “T he F orest S erv ic e, throughout these proceedings, evidenced a strategy of circum venting, rather than complying with,” the National Environ mental Policy Act and the En dangered Species Act, the judge wrote. “The apparent pattern suggests a strategy of looking for ways to avoid the law's man date as opposed to looking for a means of complying with the law. “In my view, the Forest Ser vice is in contempt of the law and the prior orders o f this court. Nonetheless, a hearing is appropriate before reaching a final conclusion on that issue.” Potential sanctions include sending Rey to jail, putting him under house arrest and banning the Forest Service from using any fire retardants but water in air tankers, Molloy wrote. In an earlier order, Molloy write that Rey should appear in person. Rey oversees the Forest Service, a part of the Agricul ture Department. “We take very seriously our obligations to perform the en vironmental analysis required by law, and have made every effort to comply with the court's rul ings in this case,” Forest Service spokesman Joe Walsh said from Washington, DC. “We expect to demonstrate the government's good faith in further proceed ings before the court.” In 2005, Molloy ruled that the Forest Service violated the Endangered Species Act and the National Environmental Policy Act when it failed to go through a public process to analyze the potential harm from using am monium phosphate, a fertilizer that kills fish, as the primary in gredient for retardant dropped on wildfires. The ruling stemmed from a lawsuit brought by Forest Ser vice Employees for Environ mental Ethics after fire retardant dropped in Fall Creek in Cen JÚ Íi fiZ«' Kalmath salmon returns exceed goal tral O regon in 2002 killed order told them to, and just w eeks before the deadlin e, 20,000 fish. Andy Stahl, executive direc Molloy wrote. The Forest Service said it to r o f the group, said the government's use of fire retar would provide NOAA Fisheries dant is like the use of pesticides, with an environmental analysis polluting watersheds and killing on fire retardant by Dec. 1,2006, fish and wildlife. but did not actually produce it “The Forest Service view is, until July 2, 2007, five weeks 'Whatever the harm to the en before Molloy's deadline. The vironment, it's irrelevant, be Forest Service request for for cause we are fighting a war, and mal consultation that came with fire must be worse than anything it was a year and a half after we are doing to fight a fire,” Molloy's order. NOAA Fisheries replied that Stahl said from Eugene. “That's not true. Most of our western the Forest Service had not com forests need fire to stay healthy. plied with three of the six crite I t's been the overzealous war on ria necessary for starting formal fire that's been the underlying consultation under the Endan cause of our forest health cri gered Species Act. sis.” Molloy wrote that the record in the case “shows the Forest Service had no real intention to com ply with the law or the court's orders.” As evidence, he pointed to correspondence the Forest Ser Warm Springs Vocational vice subm itted with NOAA Rehabilitation will be con F ish eries, w hich oversees ducting an orientation in salmon protections, and the U.S. Celilo. The orientation w ill be Fish and Wildlife Service. The correspondence shows that the Forest Service did not begin trying to consult with the two agencies, as required by the Endangered Species Act, until more than a year after the court (AP) — After three straight lean years, 2007 returns of wild fall chinook salmon to the Klamath Basin have exceeded the minimums set by federal fisheries managers. However, the numbers of young fish known as jacks re turning to the basin so far indicate low returns of mature fish in fall 2008, unless preliminary counts improve. Preliminary counts from fishing-counting stations and carcass surveys show about 50,000 salmon returning to the Klamath and Trinity rivers and their tributaries in Northern California to spawn, California Department of Fish and Game senior biologist Larry Hanson said Friday from Yreka, Calif. For unknown reasons, Klamath salmon returned three to five weeks later than normal, with some stragglers show ing up as late as January, Hanson added. The returns, which do not include fish from hatcheries, were particularly good in light of the high level of fishing allowed in the ocean and at the river's mouth this year, Hanson added. The Klamath Basin once was the third-biggest salmon producer on the West Coast, but returns of fall chinook have been struggling for decades from loss of habitat to logging, mining and dams, and overfishing. Spring chinook are prac tically wiped out. Coho salmon are a threatened species. Voc-Rehab to conduct orientation at Celilo r scheduled for Friday; Jan. 18. The orientation will begin at 2 p.m. The event will take place at the Celilo Longhouse. For more information call the Warm Springs Vocational Rehabilition Office at (541) 553-4952. FENDERS by ENDRES A A LITTLE, SAVE A I 2006 Chevrolet Silverado 1500 Pickup Ext-Cab 2006 Buick Rainier CXL Sport Utility 4D NOW $24,495 vin#220030 6-Cyl, 4.2 Liter, auto, AWD, $24v995. NOW $21,495 vin# 322777 2007 Chevrolet Express Van 1500 Cargo 2006 Buick LaCrosse CXL Sedan 4D V8, 6.0 Liter, HO, auto, 4WD, V6, 4.3 Liter, auto, RWD NOW $17,995 vin#102756 V6, 3.8 Liter, auto, FWD $444745- NOW $14,995 vin# 177564 2007 Chevrolet Trailblazer Sport Utility 4D 2007 Dodge Charger SE Sedan 4D Fast, Courteous 24-Hour Service. Accident Recovery. Roll Back, for damage-free Towing Statewide coverage Insurance approved. f i | | , 475-649 *1 office, U M ilf • or 480-9 685 cell .............................-,.............. - ................... J Tired of n o t having HEALTH COVERAGE? ARE YOU: ^ W ith o u t health care insurance? M 19 years old or older? _______ sf Not pregnant? V" An Oregon resident? 5? With an income below 100% of the federal poverty level? HOW IT WORKS If you answered "yes" to all of these questions, you may qualify for free or low-côst health Insurance coverage through the Oregon Health Plan (OHP). 6-Cyl, 4.2 Liter, auto, 4WD, $57r7SA NOW $22,495 vin#l 15771 V6, 2.7 Liter, auto, RWD, $24v?e6 NOW $17,842 vin#695714 P rices a re valid for tw o w e e k s 2000 SW Hwy 26 M adras, O R 97741 Phone 541-475-2238 Fax 475-6108 The Oregon Department o f Human Services has received federal approval to enroll approximately 10,000 new adults In OHP Standard, a health Insurance program for low-income Oregonians. GET STARTED There are three ways to get on the reservation list: FILL OUT A REQUEST ONLINE. Visit the OHP Standard reservation list Web site at www.oregon.gov/DHS/open and enter your information electronically. Because there are not enough openings to meet everyone's needs, DHS Is creating a list o f people w ho w ould like to apply fo r OHP Standard. You must place your name on the reservation list during January 28 - February 29, 2008. M AIL A REQUEST. Complete the OHP Standard reservation request form . Forms are available at this location or any DHS office. DHS w ill randomly select names monthly from the list starting In March. If your name is selected, DHS w ill mail you an OHP Standard application form. If you apply and qualify, you w ill be enrolled in OHP Standard. SIGN UP BY PHONE. Call 800-699-9075 or 503-378-7800 (TTY) Monday through Friday, 7:00 a.rp. to 7:00 p.m. If you cannot call during the hours listed, you can have anyone call fo r you - they just need your name, date of birth and mailing address. DHS wants you to be independent, healthy and safe. The Oregon Health Plan can help make that possible. www.ggruner.com ./(uin/Z.lkZ, OHPJiE2,’e' REMEMBER You MUST place your name on the reservation list during January 28 - February 29,2008, if you w ant to apply for OHP Standard.
