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Revisiting the Delta Smelt: A Rebuttal to Weiland and Murphy

September 2021

Citation: 51 ELR 10740

Issue: 9

Author: Karrigan Börk, Peter Moyle, John Durand, Tien-Chieh Hung, and Andrew L. Rypel

This Comment responds to a July Comment from Paul Weiland and Dennis Murphy that responded to a September 2020 Comment addressing the challenges of managing small and declining populations of California Delta smelt under the Endangered Species Act and focusing on the U.S. Fish and Wildlife Service's treatment of the species in a recent biological opinion. The Comment asserts that Weiland and Murphy misunderstood the September 2020 Comment's principal arguments and misstated several key points, and responds by clarifying the main points from the authors' original Comment and addressing some specific concerns raised by Weiland and Murphy.

Karrigan Börk is an Acting Professor of Law at the UC Davis School of Law and an Associate Director at the UC Davis Center for Watershed Sciences. Peter Moyle is a Distinguished Professor, Emeritus, in the UC Davis Department of Wildlife, Fish, and Conservation Biology and an Associate Director at the UC Davis Center for Watershed Sciences. John Durand is a Senior Research Scientist at the UC Davis Center for Watershed Sciences. Tien-Chieh Hung is an Associate Adjunct Professor of UC Davis Department of Biological and Agricultural Engineering. Andrew L. Rypel is an Associate Professor and the Peter B. Moyle and California Trout Endowed Chair, UC Davis Department of Wildlife, Fish, and Conservation Biology and Co-Director at the UC Davis Center for Watershed Sciences.

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