Marine Mammals

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Titlesort ascending Summary
In the Matter of: Richard O'Barry


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


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


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.
In re Polar Bear Endangered Species Act Listing and § 4(d) Rule Litigation


Plaintiffs Safari Club International and Safari Club International Foundation brought this action under the APA challenging the FWS's legal determination that the listing of the Polar Bear as "threatened" under the Endangered Species Act was a final agency action. At issue here is defendants' Motion for Judgment on the Pleadings on the grounds that plaintiffs fail to challenge a final agency action as required for judicial review under the APA. Alternatively, defendants argue that the plaintiffs lack standing to bring this action. This Court found that the action challenged by SCI and SCIF is final agency action for purposes of judicial review pursuant to the APA. On the issue of standing, defendants argue that plaintiffs' suit must be dismissed for lack of standing because plaintiffs have not alleged facts to establish that they have suffered an injury-in-fact. The court disagreed, finding that the plaintiffs have sufficiently pleaded that the “procedures in question” threaten a “concrete interest" - an interest in conservation that is impacted by the import ban. Defendants Motion for Judgment on the Pleadings was denied.
In re Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation-MDL No.1993 United States Court of Appeals, District of Columbia Circuit.


Hunters and hunting organizations sued the Secretary of Interior, the Director of the U.S. Fish and Wildlife Service, and the Service itself after the Service listed the polar bear as a threatened species under the Endangered Species Act (ESA) and barred the importation of polar bear trophies under the Marine Mammal Protection Act (MMPA). On appeal, the appeals court affirmed the lower court’s decision to grant the defendants' motion of summary judgment.
Humane Soc. of U.S. v. Locke


The National Marine Fisheries Service (NMFS) authorized several states to kill California sea lions under section 120 of the Marine Mammal Protection Act (MMPA), which allows the intentional lethal taking of individually identifiable pinnipeds. Plaintiffs filed action for declaratory and injunctive relief against Defendants. The Court held that NMFS 1) did not adequately explain its finding that sea lions were having a “significant negative impact” on the decline or recovery of listed salmonid populations; and 2) NMFS did not adequately explain why a California sea lion predation rate of 1 percent would have a significant negative impact on the decline or recovery of these salmonid populations. Therefore, the agency's action was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” under the Administrative Procedure Act.
Humane Soc. of U.S. v. Bryson


In order to manage sea lion predation of salmonids at the Bonneville Dam, the NMFS decided to authorize agencies from Washington, Oregon, and Idaho to lethally remove sea lions that were not protected by the ESA when efforts to deter their feeding on salmonids failed. The Humane Society of the United States, Wild Fish Conservancy, Bethanie O'Driscoll, and Andrea Kozil disagreed and sued the NMFS; the agencies of Washington, Oregon, and Idaho intervened. Finding that the NMFS’s authorizations did not conflict with the MMPA’s protection of Stella Sea Lions, that the NMFS complied with the National Environmental Protection Act, and that the NMFS did not act arbitrarily and capriciously when it issued the authorizations, the district court granted the NMFS’s and the state agencies’ cross motion for summary judgment. The case was therefore dismissed.
Hopson v. Kreps


Action brought on behalf of Alaskan Eskimos which challenged the validity of the Department of Commerce regulations adopted pursuant to IWC Act. Plaintiffs claim is the the Commission exceeded its jurisdiction under the Convention when it eliminated the native subsistence exemption for Alaskan Eskimos. The Court reverses and remands the districts courts dismissal of the action.
HONORABLE DISCHARGE: PAWS v. DEPARTMENT OF THE NAVY
HONORABLE DISCHARGE : PAWS V. DEPARTMENT OF THE NAVY

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