On the other side, though, some farming and property-rights groups say the rules are too restrictive. NMFS has identified two existing projects that already qualify for the exemption. Under the pact, timber companies agreed to stop logging near streams and some hillsides in exchange for tax breaks and 50 years of regulatory certainty. The other is the Oregon Department of Transportation's plan for road building and maintenance, which has salmon protection as a key component. Even these plans are widely criticized and likely would have put the states at risk for lawsuits, possibly pitching the earnest plans into limbo in the courts.
Anecdotes abound about how fears of lawsuits discourage efforts to save salmon.
And small cities and rural counties, in particular, have little money to pay lawyers to represent them in lawsuits. This exemption is a smart way to loosen the logjam created by fear and encourage state and local governments to invest in new ways to save salmon. Copyright 2000 Tri-City Herald. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.