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For Immediate Release
Environmental Groups React to Adverse Dolphin Decision in New York City Trade Court
WASHINGTON -- Statement of William J. Snape, III, Vice President for Legal Affairs, Defenders of Wildlife, and litigation counsel for twelve environmental groups and three individuals in Defenders of Wildlife et al. v. Hogarth et al., a case involving the challenge to U.S. Department of Commerce regulations concerning the dolphin-safe tuna program in the eastern tropical Pacific Ocean (ETP):
"We are obviously disappointed in Court of International Trade's (CIT) decision, released last Friday. Not only did the court reject our claims involving the relationship between the 1997 International Dolphin Conservation Program Act and the 1998 International Agreement, but we believe it also abdicated its responsibility under the National Environmental Policy Act (NEPA) - our country's charter for environmental protection for over three decades. This serves only to worsen the CIT's shaky environmental reputation.
"The claims before the Court related to the yellowfin tuna fishery in the ETP, where foreign fishermen deliberately set large nets upon legally "depleted" populations of dolphins to catch the lucrative tuna that often swim underneath. The CIT tuna/dolphin decision unfortunately gave short shrift to many significant issues, including -
-- That at least three populations of dolphins continue to remain "depleted" under the U.S. Marine Mammal Protection Act as a direct result of the ETP yellowfin tuna fishery;
-- That as a result of the 1998 international agreement, fishing effort in the ETP has risen dramatically and is reaching unsustainable levels according to top fishery experts;
-- That despite the international agreement's purported emphasis on "ecosystem protection," not only have fishing sets on dolphins increased, but also so have sets on both immature tuna stocks and devices believed to attract other marine species such as sea turtles and sharks;
-- That foreign fishing fleets from countries such as Mexico and Ecuador possess "dolphin-safe" tracking systems that don't meet U.S. standards and are kept secret;
-- That the U.S. Departments of Commerce and State continue to ignore the advice of the U.S. National Academy of Sciences to explore the feasible technological innovations that would allow fishermen to catch yellowfin tuna without harming dolphins or other marine species.
"While our team of lawyers and analysts are still reviewing the decision by Judge Barzilay, we will absolutely appeal this flawed decision to the U.S. Court of Appeals, and to the U.S. Supreme Court if necessary."
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Defenders of Wildlife is a leading nonprofit conservation organization recognized as one of the nation's most progressive advocates for wildlife and its habitat. With more than 480,000 members and supporters, Defenders of Wildlife is an effective leader on environmental issues. For timely information on environmental issues, visit www.defenders.org and subscribe to DENLines, a free e-mail alert newsletter.












