Comm. for Humane Legislation, Inc. v. Richardson - 176 U.S. App. D.C. 362, 540 F.2d 1141 (1976)

Rule:

16 U.S.C.S § 1373(d) requires that the secretary publish a statement of the estimated existing levels of the species and population stocks of the marine mammals to be taken, and a statement of the expected impact of the takings on the optimum sustainable populations of the species.

Facts:

The Secretary of U.S. Department of Commerce, through the authority given to the National Marine Fisheries Services (NMFS), gave notice of intent to prescribe regulations for the taking of porpoise incidental to commercial fishing. The NMFS admitted that it had no knowledge of the actual porpoise population, the optimum sustainable populations, or the effect of the takings on the optimum sustainable populations of porpoise. The NMFS also imposed no quota on the number of porpoise that could have been killed. After the NMFS granted the tuna association's application for a renewal of a permit, the environmental protection organizations filed a lawsuit challenging the permits. The district court found that a violation of the Marine Mammal Protection Act of 1972(“MMPA”) had occurred and halted the tuna fleet operations. Appellants, Secretary of U.S. Department of Commerce (secretary), tuna association, challenged the district court’s decision. 

Issue:

By granting the tuna association’s application for a renewal of a permit, did the NMFS violate the provisions of MMPA? 

Answer:

Yes.

Conclusion:

The court affirmed the district court's decision finding an MMPA violation because the NMFS acted inappropriately in failing to meet its requirement of determining the impact of the takings on the optimum sustainable populations of the porpoise. Given the disastrous impact on commercial fisherman, however, the court stayed the order of the district court halting tuna fleet operations in order to allow for compliance with the requirements of the MMPA.