Displaying 11 - 20 of 26
Titlesort ascending Citation Alternate Citation Summary Type
In the Matter of: Richard O'Barry 1999 NOAA LEXIS 1 1999 NOAA LEXIS 1

In 1999, civil penalties in the amount of $59,500 were assessed for the release of two dolphins from captivity.  The dolphins were not prepared to survive in the wild and sustained life-threatening injuries as a result of their release.  An administrative law judge found that the release of two dolphins without providing them with the necessary skills for survival resulted in harassment and injury to them, and therefore, constituted a violation of the MMPA.

In the Matter of: Darcy Lynn Shawyer 1980 NOAA LEXIS 2 2 O.R.W. 301 (1980)

This case is a civil penalty proceeding under the MMPA for the unlawful importation of eight bottlenose porpoises into the United States.  In this case, the court found that specific intent is not required for importation under the MMPA. The court found that the route taken over the United States, the requirement to land for customs clearance purposes, or weather conditions was known or should have been foreseeable to all parties. 

In the Matter of: Akiko Kawahara, Respondent 1980 WL 26513 (N.O.A.A.) 2 O.R.W. 340 (1980)

The principle issue in this case is whether the planned stopover of a few hours in Kennedy Airport in New York constitutes an "importation" within the meaning of the MMPA.  The respondent in this case was employed by a business dealing in the international trade of animals and was attempting to bring four dolphins captured off the coast of Argentina back to Japan.  The respondent only landed the dolphins in New York as a stopover on their way to Tokyo, but the court found that there was no requirement of knowledge or specific intent under the MMPA to constitute civil violations.

Federation of Japan Salmon Fisheries Cooperative Association v. Baldridge 679 F. Supp. 37 (1987)

Petitioners, Japanese fishing federation, fisherman's association, and environmental group, filed motions for a preliminary injunction against respondent Secretary of Commerce who entered a final decision that approved the federation for an incidental take permit under the MMPA and adopted regulations that authorized the taking of Dall's porpoise within the fishery conservation zone.

Earth Island Institute v. Hogarth 484 F.3d 1123 (9th Cir. 2007) 2007 WL 1227559 (9th Cir. 2007)

This case concerns the practice of catching yellowfin tuna by encircling dolphins with purse-seine nets. The dispute centers over whether tuna sellers may label tuna as dolphin-safe if caught with such nets. An environmental group brought suit against the Secretary of Commerce after he concluded that there was insufficient evidence to show that tuna purse seine fishing harmed depleted dolphin stocks in the Eastern Tropical Pacific Ocean (ETP). The Court of Appeals affirmed the lower court's decision that the action by the Secretary was arbitrary and capricious where the agency's decision-making process was influenced to some degree by foreign policy considerations rather than science alone. Further, the finding of no significant impact (FONSI) was not rationally connected to the best available scientific evidence.

Earth Island Institute v. Evans 2004 WL 1774221 (N.D. Cal. 2004) (No reporter citation)

The Secretary of Commerce made a final finding that the intentional deployment on or encirclement of dolphins using purse seine nets did not have a significant adverse effect on any depleted dolphin stock in the Eastern Tropical Pacific Ocean.  Several organizations challenged that finding under the Administrative Procedures Act, and the matter came before this Court along with simultaneous motions for summary judgment from both the plaintiff and defendant.  The Court concluded that Plaintiff's met their burden of demonstrating that they are entitled to judgment, and the finding of the Secretary is set aside.

Earth Island Institute v. Brown 865 F. Supp. 1364 (1994)

Plaintiffs sought to prevent the Secretary of Commerce from allowing the American Tunaboat Association ("ATA") to continue killing northeastern offshore spotted dolphins that had been listed as depleted.  Defendants argued that such killings were permissible under the ATA's permit, and that the MMPA provisions relied on by the plaintiffs were irrelevant to the dispute.  The court concluded that Congress did not intend to allow the continued taking of dolphin species or stock, once the Secretary had determined that their population level was depleted. 

Earth Island Inst. v. Evans 256 F. Supp. 2d 1064 (N.D. Cal. 2003) Plaintiff, groups seeking to protect animals, sought to enjoin implementation of a final finding of defendant, the Secretary of Commerce and his Assistant Administrator of Fisheries, that the encirclement of dolphins with purse seine nets was not having an adverse impact on dolphin stocks as arbitrary, capricious, and an abuse of discretion. The court granted the groups' motion for preliminary injunction, enjoined the Secretary from taking any action to allow any tuna product to be labeled as "dolphin safe" that was harvested using purse seine nets, pending final disposition of the groups' action, and defined what "dolphin safe" would continue to mean. Case
Defenders of Wildlife v. Hogarth 177 F. Supp. 2d 1336 (2001)

Environmental groups challenge implementations of the International Dolphin Conservation Program Act ("IDCPA") which amended the MMPA and revised the criteria for banning tuna imports.

Defenders of Wildlife v. Dalton 97 F. Supp. 2d 1197 (2000)

Plaintiff sought a preliminary injunction to prevent defendant government official from lifting the embargo against tuna from Mexico's vessels in the Eastern Pacific Ocean. Plaintiffs alleged irreparable injury if three stocks of dolphins became extinct. The court found plaintiffs failed to produce evidence showing irreparable injury.