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For Immediate Release
Federal Court Overturns Bush Administration Policy Weakening the "Dolphin Safe" Label on Tuna Cans
Decision Calls the Administration’s Findings, "An Abuse of Discretion and Contrary to Law"
WASHINGTON, DC – A federal judge struck down the Bush administration’s attempt to weaken the dolphin-safe label on tuna cans and pouches, and to allow the import of tuna caught in a manner harmful to dolphins. The strongly worded decision states that in the Court’s 24 years, it has never "reviewed a record of agency action that contained such a compelling portrait of political meddling."
"Before the dolphin-safe label on tuna, tens of thousands of dolphins were dying annually as a result of reckless tuna fishing practices. Since the inception of the label program, dolphin deaths have dropped an astonishing 90 percent," said Rodger Schlickeisen, President of Defenders of Wildlife. "Nonetheless, the President sought to weaken this popular and successful program and once again allow ‘dolphin-deadly’ tuna to be imported into the U.S. We are greatly relieved that the Court put a stop to the Bush plan before it did any lasting damage."
The Bush policy would have largely benefited Mexico’s tuna fleet, as well as those of other Latin American countries, despite ample evidence of corruption within that country’s tuna fishing industry. Internal memos show that Bush administration officials were well aware of allegations of routine bribery on Mexican tuna vessels so that fishery observers would ignored dolphin deaths. The Bush administration policy also overlooked findings by its own scientists that the dolphin-safe program was still needed to maintain dolphin populations. Again, internal memos show that Bush administration officials were aware of these findings, but pushed the new policy nonetheless.
"This is yet another example of the Bush administration turning its back on science as it dismantles key environmental protections," said Schlickeisen. "Sadly, the Bush administration also ignored serious evidence of rampant corruption, all to further policies that were anti-conservation in nature."
Yellowfin tuna in the eastern tropical Pacific often swim with schools of dolphins. Fishermen there developed a technique of deliberately setting nets on dolphins in order to catch the accompanying large schools of tuna fish. This fishing practice, which involves chasing, harassing and netting of both the dolphins and the tuna in mile-long purse seine nets, led to the deaths of more than seven million dolphins in the last four decades.
Nonetheless, on New Year’s Eve in 2002, the Bush administration’s National Marine Fisheries Service and Department of Commerce tried to sneak through a change in the dolphin-safe tuna label program that would have allowed tuna caught using this reckless method to still be labeled "Dolphin Safe" in U.S. grocery stores and outlets. This announcement contradicted findings in September 2002 by the agencies own fisheries scientists that dolphin populations remain depleted as a result of tuna fishing, that dolphin deaths continue unobserved in the tuna fishery, and that even dolphins released alive may die later from stress or separation of mothers from calves.
While this court decision marks a significant accomplishment in dolphin conservation, Defenders continues to strive for more dolphin protections by addressing threats to marine biodiversity including an increase in overfishing problems in the region.
Defenders of Wildlife was represented by Ariela St. Pierre in the litigation.
Prior to the Court’s decision, the three largest tuna sellers in the United States, StarKist, Chicken of the Sea and Bumble Bee Tuna, had already committed to selling tuna caught only without netting dolphins even if the Administration’s weakening of the "dolphin safe" label had occurred.
For more information go to www.SaveDolphins.org
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Defenders of Wildlife is one of the nation's most progressive advocates for wildlife and habitat, and was named as one of America's Top 100 Charities by Worth magazine. With more than 480,000 members and supporters, Defenders is an effective voice for wildlife and habitat. To learn more about Defenders of Wildlife, please visit www.defenders.org.
