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U.S. v. Zarauskas |
Defendant was found guilty by a jury of illegally importing narwhal tusks under several federal laws, including the Lacey Act, the Endangered Species Act, and the Marine Mammal Protection Act, among others. On appeal, defendant contends that the district court erred by allowing and failing to cure statements by the prosecutor that allegedly violated defendant's Fifth Amendment protections. Prior to being charged, defendant met with FWS and Canadian agents where he did not proclaim his innocence when questioned on the tusks. In the process of showing inconsistency in defendant's statements, the prosecutor pointed out defendant's failure to state his innocence with the federal agents, which defendant claimed improperly burdened him at trial. Other arguments by defendant also pointed to error by the prosecution during direct examination and rebuttal argument with respect to defendant's silence during interviews with agents. The appellate court found the errors to be harmless or in response to defendant's attorney's statements. Finally, as a matter of first impression, the court found that Treasury Enforcement Communications System (TECS) reports logging date, time, and location of border crossing and license plate of the vehicle were admissible hearsay. The convictions were affirmed. |
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U.S. v. Hayashi |
Appellant challenged the decision of the United States District Court for the District of Hawaii, which convicted him of taking a marine mammal in violation of the MMPA. The court reversed appellant's conviction for taking a marine mammal under the MMPA. It held that the MMPA and the regulations implementing the act did not make it a crime to take reasonable steps to deter porpoises from eating fish or bait off a fisherman's line.
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Tuna Dolphin Wars: Conservationists are Fighting to Save Beleaguered Dolphins from Deadly Tuna Nets |
The article discusses the history of the tuna and dolphin story, beginning with an explanation of the nets and techniques used to catch tuna, the development of laws to protect dolphins, and the dolphin-safe tuna issue.
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Tilikum’s Splash: Lessons Learned From Animal Rights-Based Litigation Strategies |
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Tilikum, Katina, Corky, Kasatka, and Ulises, Plaintiffs, by their Next Friends, People for the Ethical Treatment of Animals, Inc |
In this case of first impression, five wild-captured orcas named Tilikum, Katina, Corky, Kasatka, and Ulises (collectively, the “Plaintiffs”), seek a declaration that they are held by the Defendants in violation of Section One of the Thirteenth Amendment to the Constitution of the United States, which prohibits slavery and involuntary servitude. Plaintiffs were forcibly taken from their families and natural habitats, are held captive at SeaWorld San Diego and SeaWorld Orlando, denied everything that is natural to them, subjected to artificial insemination or sperm collection to breed performers for Defendants’ shows, and forced to perform, all for Defendants’ profit. As such, Plaintiffs are held in slavery and involuntary servitude. Plaintiffs also seek an injunction freeing them from Defendants’ bondage and placing them in a habitat suited to their individual needs and best interests. |
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Tilikum ex rel. People for the Ethical Treatment of Animals, Inc. v. Sea World Parks & Entertainment, Inc. |
Plaintiffs sued aquarium for declaratory and injunctive relief seeking a declaration that wild-captured orcas were being held in violation of the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. The court dismissed the action, holding that Plaintiffs had no standing because the Thirteenth Amendment only applies to humans, and therefore, the court lacked subject matter jurisdiction.
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The Marine Mammal Protection Act: Fostering Unjust Captivity Practices Since 1972 |
Despite its species management and sustainable population objective, the MMPA suffers from several inherent shortcomings that ultimately impede the policy and conservation goals. These shortcomings include the industry-set standards, fractured agency responsibility, and a lack of regulation, the combination of which leads to the questionable educational value of the display industry and the promulgation of the conservation fallacy. |
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Strong v. United States |
The appeal in this case does not contest the denial of a permit to conduct dolphin feedings cruises. The position of the plaintiffs-appellees is that the Secretary of Commerce has no authority to consider feeding to be a form of harassment or to regulate it. The court disagreed with the plaintiffs-appellees and found it clearly reasonable to restrict or prohibit the feeding of dolphins as a potential hazard to them.
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Strahan v. Linnon |
Coast Guard vessels struck and killed Northern Right whales. Plaintiffs claim that these incidents constitute takings in violation of the ESA and MMPA. Court holds that the Coast Guard could implement reasonable and prudent alternatives that would reduce the striking of whales.
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State v. LeVasseur |
The trial court convicted defendant of first degree theft after he freed dolphins from a university laboratory. The court affirmed the conviction on appeal. It reasoned that the choice of evils defense was unavailable to defendant because the definition of "another" under Hawaii statute clearly did not include dolphins.
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