Earth Island Institute v. Brown

The Marine Mammal Protection Act of 1972 (MMPA) was enacted to protect and preserve populations of marine mammals from depletion. Congress specifically sought to address high dolphin mortality rates resulting from the use of large tuna nets in the yellowfin-tuna fishery of the eastern tropical Pacific. Pursuant to the MMPA, the secretary of commerce (the secretary) (defendant) issued a general permit to the American Tunaboat Association (ATA), which placed a cap on the number of dolphins that could be killed in the eastern tropical Pacific. A 1984 amendment to the MMPA codified and extended the ATA’s permit, subject to several restrictions, including a prohibition on the secretary’s authority to issue permits for depleted species, the regulation of fishing gear and practice requirements, continued review of evolving scientific information, and a cap on the number of coastal spotted dolphins that could be taken during each year. In 1993 the National Marine Fisheries Service listed the northeastern spotted dolphin as depleted, which meant that its population had dropped below its optimum sustainable population (i.e., less than 60 percent of its estimated historical levels). The western/southern spotted dolphin was not listed as depleted. The Earth Island Institute (plaintiff) filed suit, requesting an injunction against further incidental taking of northeastern spotted dolphins because the secretary could not allow incidental taking of depleted species under the MMPA. The Earth Island Institute also requested an injunction against the incidental taking of western/southern spotted dolphins because they closely resembled the northeastern spotted dolphin and allowing incidental taking of western/southern spotted dolphins would result in taking of the depleted northeastern spotted dolphin.