In February 2000,
Defenders of Wildlife and other environmental organizations filed
suit against the NOAA Assistant Administrator for Fisheries in the
Court of International Trade, alleging that NOAA Fisheries did not
lawfully implement the International
Dolphin Conservation Program Act, the National Environmental
Policy Act (NEPA) and the Administrative Procedure Act. The
plaintiffs sought a preliminary injunction from the court to
prevent NOAA Fisheries from making "affirmative findings" to lift
embargoes against Mexico or other ETP tuna fishing nations. The
motion was denied on in April 2000 and the case proceeded to a
full hearing.
On 7 December
2001, the Court of International Trade denied plaintiffs' motion
for summary judgment and dismissed the lawsuit against NOAA
Fisheries. The Court agreed with NOAA Fisheries' interpretation of
the IDCPA and upheld the legality of the January 2000 Interim
Final Rule in regard to several very specific allegations. The
Court also affirmed that the Federal government complied with the
NEPA in promulgating the Interim Final rule and in negotiating the
1999 Agreement on the International Dolphin Conservation Program.
Finally, the Court held that NOAA Fisheries' "affirmative finding" for
Mexico
was not arbitrary and capricious. The affirmative finding allows
Mexico to export to the United States yellowfin tuna harvested in
the ETP using purse-seine vessels with a carrying capacity equal
to or greater than 400 short tons.