Kokechik Fishermen's Association v. Secretary of Commerce

839 F.2d 795 (1988)

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Kokechik Fishermen’s Association v. Secretary of Commerce

United States Court of Appeals for the District of Columbia Circuit
839 F.2d 795 (1988)

Facts

In 1952, the United States, Canada, and Japan entered a treaty in which Japan agreed to refrain from fishing for salmon in certain areas of the North Pacific. In 1978, an amendment to the treaty allowed Japanese fishermen to fish for salmon inside United States territory. The Japanese fishermen were initially exempted from the restrictions under the Marine Mammal Protection Act (the MMPA), which was designed to protect marine mammals. In 1981, the United States government issued a permit to allow the Japanese fishermen to take a certain number of marine life protected by the MMPA such as porpoises, seals, and sea lions incidental to their salmon fishing. The takings occurred when such wildlife would get unintentionally trapped in the Japanese fishermen’s gillnet nets. In 1986, the Japanese fishermen reapplied for a five-year permit to continue to enjoy the exemption of MMPA requirements. The Secretary of Commerce (the secretary) (defendant), after an administrative hearing, issued a final rule granting a permit for a three-year period in which the Japanese fishermen could take a certain number of porpoises incidental to salmon fishing, but not other marine wildlife because it could not determine the fur-seal population. The Kokechik Fishermen’s Association (Kokechik) and the Center for Environmental Education (the CEE) objected to the permit being granted and brought suit. The district court preliminarily enjoined the secretary from issuing the permit, and the Japanese fishermen appealed.

Rule of Law

Issue

Holding and Reasoning (Gesell, J.)

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