Page 1 - DECLARATION OF BETH GINSBERG IN OPPOSITION TO PLAINTIFFS’ 

MOTION FOR PRELIMINARY INJUNCTION.

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Beth S. Ginsberg, OSB #070890

beth.ginsberg@stoel.com

Jason T. Morgan, WSBA #38346 (Pro Hac Vice)

jason.morgan@stoel.com

STOEL RIVES LLP

600 University Street, Suite 3600

Seattle, WA 98101

Telephone: (206) 624-0900

Facsimile: (206) 386-7500

Attorneys for Intervenor-Defendant Northwest RiverPartners

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

AUDUBON SOCIETY OF PORTLAND, 

WILDLIFE CENTER OF THE NORTH 

COAST, ANIMAL LEGAL DEFENSE 

FUND, CENTER FOR BIOLOGICAL 

DIVERSITY, FRIENDS OF ANIMALS,

Plaintiffs,

v.

U.S. ARMY OF ENGINEERS, U.S. FISH 

AND WILDLIFE SERVICE, USDA 

WILDLIFE SERVICES,

Defendants.

Case No.: 3:15-cv-00665-MO

DECLARATION OF BETH GINSBERG 

IN SUPPORT OF NORTHWEST 

RIVERPARTNERS’ OPPOSITION TO 

PLAINTIFFS’ MOTION FOR 

PRELIMINARY INJUNCTION

1. My name is Beth Ginsberg. I am an attorney of record for Northwest 

RiverPartners (“RiverPartners”). I am fully familiar with and have personal knowledge of the 

facts set forth in this declaration, which I make in support of the RiverPartners’ Opposition to 

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MOTION FOR PRELIMINARY INJUNCTION.

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Plaintiffs’ Motion for Preliminary Injunction. If called to testify, I could and would competently 

testify to the facts stated in this Declaration.

2. Attached to this Declaration are true and correct copies of documents relied upon 

in RiverPartners’ Opposition to Plaintiffs’ Motion for Preliminary Injunction. 

3. Attached as Exhibit A are true and correct copies of documents reporting on the 

State of Oregon’s efforts to obtain a depredation permit from the U.S. Fish and Wildlife Service. 

4. The following documents are included in Exhibit A:

a. Two 2011 issues of Fishworks, a newsletter published by the Oregon Department 

of Fish and Wildlife (“ODFW”);

b. A programmatic overview of ODFW’s 2012-13 Avian Predation Program;

c. The Summary of Preliminary Juvenile Salmonid Consumption Estimates by 

Double-crested Cormorants in Tillimook Bay during April and May 2012 (Oregon 

State University, May 2012);

d. An April 27, 2012 newspaper article from The Seattle Times entitled, “Oregon 

seeks to kill cormorants to protect endangered salmon”; and

e. An April 27, 2012 article from the Columbia Basin Bulletin entitled, “Oregon 

Wants Access to ‘Lethal Management Tools’ in Reducing Salmon-Eating 

Cormorant Numbers.” 

5. Attached as Exhibit B is a true and correct copy of select comments submitted on 

the Double-crested Cormorant Draft EIS, which are generally supportive of the management of 

double-crested cormorant populations, including the use of lethal take. 

6. Attached as Exhibit C is a true and correct copy of excerpts from the 2014 

Supplemental Biological Opinion, Consultation on Remand for Operation of the Federal 

Columbia River Power System,

1 including an excerpt setting forth the basis for NOAA Fisheries’ 

 1 Available at 

http://www.westcoast.fisheries.noaa.gov/fish_passage/fcrps_opinion/federal_columbia_river_power_system.html.

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“survival gap” analysis and Appendix E, Double-Crested Cormorant Estuary Smolt 

Consumption Bi-Op Analysis. 

7. I declare under penalty of perjury that the foregoing is true and correct. 

Executed on this 6th day of May, 2015 at Portland, Oregon.

__________________________________

Beth Ginsberg

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Page 4 - DECLARATION OF BETH GINSBERG IN OPPOSITION TO PLAINTIFFS’ 

MOTION FOR PRELIMINARY INJUNCTION.

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CERTIFICATE OF SERVICE

I hereby certify that on May 6, 2015, I filed a true and correct copy of the foregoing 

document with the Clerk of the Court for the United States District Court – District of Oregon by 

using the CM/ECF system. Participants in this Case No. 3:13-cv-00655-MO; who are registered 

CM/ECF users will be served by the CM/ECF system.

/s/ Beth S. Ginsberg

Beth S. Ginsberg, OSB #070890

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