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Titlesort descending Citation Alternate Citation Summary Type
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.

Case
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.

Case
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.

Case
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.

Case
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. 

Case
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.

Case
In the Matter of: Thomas E. Rainelli 1999 NOAA LEXIS 10 1999 NOAA LEXIS 10

This case involves violations of the MMPA by taking, in the form of harassment by feeding or attempting to feed wild dolphins.  The respondents, a captain of a vessel used in a dolphin-feeding encounter, and the sole shareholder of a boat renal company, were both found guilty and assessed civil penalties in the amount of $4500.  Though the shareholder was not on the vessel when it committed the feeding violations, he was found guilty of violating the MMPA, by providing a platform from which feeding is conducted or supported. 

Case
In the Matters of: Kyle C. Mueller, et al 1991 WL 288705 (N.O.A.A.) 6 O.R.W. 345 (1991)

The question in this case was whether respondents, members of a marine mammal conservation group, violated the MMPA by interfering with the authorized capture of six dolphins.  As result of this case, which was a civil penalty proceeding, only one of the respondents was found guilty of taking under the MMPA. The court found that the respondent's actions, although taken with noble intentions, endangered the lives of the dolphins, was improper, and dangerous.  He was assessed a fine in the amount of $2,000.

Case
Kokechik Fishermen's Association v. Secretary of Commerce 839 F.2d 795 (1988) 268 U.S. App. D.C. 116 (1988)

The Secretary of Commerce issued a regulation authorizing appellant salmon federation to take a fixed number of porpoise in connection to commercial fishing for salmon.  Appellee commercial fishermen opposed the permit.  The federation sought review of a judgment which preliminarily enjoined the Secretary from issuing the permit.

Case
Marine Mammal Conservancy, Inc. v. Department of Agr. 134 F.3d 409 (D.C. Cir. 1998) 328 U.S.App.D.C. 253, 28 Envtl. L. Rep. 20,538

A nonprofit organization petitioned for review of the order of administrative law judge (ALJ) which denied organization's motion to intervene in administrative proceedings under Animal Welfare Act. The Court of Appeals held that the organization's failure to appeal administrative denial to judicial officer precluded judicial review of ALJ's actions.

Case

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