Legal action against ocean fishing
From ANIMAL PEOPLE, May 2003:
U.S. District Judge Thelton Henderson on April 10 held for
the fourth time in 13 years that 1988 amendments to the 1972 Marine
Mammal Protection Act oblige the U.S. to exclude imports of tuna
netted “on dolphin,” a method often used by foreign fleets because
dolphins and tuna feed on the same fish species and often swim
together. Surrounding feeding dolphins with nets therefore usually
captures tuna–as well as dolphins who do not escape before the nets
close. Henderson in May 1990 banned imports of yellowfin tuna from
Mexico, Venezuela, and Vanuatu. After Congress reinforced the 1990
verdict by introducing “dolphin-safe” labeling, Henderson in January
1992 banned $266 million worth of tuna imports from 30 nations. A
General Agreement on Trade and Tariffs panel in 1995 ruled that the
U.S. “dolphin safe” law is an improper trade barrier. The law was
eased by the 1997 International Dolphin Conservation Program Act,
but Henderson and U.S. Court of International Trade judge Judith
Barzilay issued conflicting verdicts when then-Commerce Secretary
William Daley tried to admit non-“dolphin-safe” tuna to the U.S. In
December 2002 the Commerce Department moved to allow U.S. firms to
market tuna netted “on dolphin” as “dolphin-safe,” if no dolphins
are known to have been killed during the netting, but Henderson
ruled that the 1990 definition of “dolphin-safe” must stand unless
the law is changed.