United States v. Hayashi
United States Court of Appeals for the Ninth Circuit
22 F.3d 859 (1993)
David Hayashi (defendant) was a part-time commercial fisherman. Hayashi and his son were fishing for ahi when four porpoises began to eat the fish off their lines. Hayashi fired his rifle twice into the water, away from where the porpoises were swimming, hoping to scare them away. None of the porpoises were hit. After being reported to the National Marine Fisheries Service, Hayashi was charged by information with knowingly taking a marine mammal in violation of the Marine Mammal Protection Act (MMPA). The MMPA was enacted to prohibit harm to marine mammals and promote their survival. In furtherance of this, the MMPA, among other things, prohibited the taking of marine mammals and required research and reporting into the taking of marine mammals, including incidental taking. Taking included hunting, capturing, killing, and harassment of marine mammals. Hayashi was convicted, and the district court affirmed his conviction. Hayashi appealed, arguing that his actions did not constitute taking by harassment of a marine mammal.
Rule of Law
Holding and Reasoning (Reinhardt, J.)
Dissent (Browning, J.)
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