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For Immediate Release

Contact(s) Cat Lazaroff, (202) 772-3270

Legal Decision Victory for Caspian Terns and Pacific Salmon

SEATTLE–A U.S. District Court judge ruled yesterday the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service acted illegally when they initiated a plan to destroy the world’s largest colony of Caspian terns. The plan to dislocate approximately 12,000 Caspian terns from their nesting location on the Columbia River was initiated by the federal agencies as part of an effort to increase Pacific salmon populations.

"This ruling is a victory not only for Caspian terns and cormorants, but also for endangered Pacific salmon." said Helen Ross, Conservation Program Manager of the Seattle Audubon Society.

The National Audubon Society, Defenders of Wildlife, Seattle Audubon Society and American Bird Conservancy filed a lawsuit last year challenging the scientific basis for the plan and the agencies’ failure to complete an adequate environmental impact study. The court ruled in favor of the groups on all counts. Perhaps most notably, the court found that there was virtually no scientific evidence that reducing predation of salmon by Caspian terns and cormorants would have any affect on salmon recovery.

"The court saw the federal government’s plan for what it really is, which is an effort to scapegoat fish-eating birds as the cause of declining salmon runs, while diverting attention away from the real threats to salmon, including dams and loss of habitat," said Michael Senatore, legal director for Defenders of Wildlife.

Caspian terns are the largest species of tern in the world, measuring up to a foot-and-a-half long. The gull-like birds live on every continent in the world except Antarctica, with North America home to the largest number. The court decision now ensures their largest North American nesting ground will remain intact.

"This decision is as close to a legal slam-dunk as you get," said Richard Smith, an attorney representing the environmental organizations. "The court has stopped both the Army Corps of Engineers and U.S. Fish and Wildlife Service from conducting any further activities to harass or harm Caspian terns or cormorants until they complete a full and adequate Environmental Impact Statement."

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Defenders of Wildlife is a leading nonprofit conservation organization recognized as one of the nation's most progressive advocates for wildlife and its habitat. With more than 430,000 members and supporters, Defenders of Wildlife is an effective leader on environmental issues.