This decision affirmed the opinion of the District Court in Brower v Daley (appealed by the Secretary of Commerce) that the Secretary's Initial Finding, triggering a change in the dolphin-safe label standard, was not in accordance with the law and constituted an abuse of discretion because the Secretary failed to (1) obtain and consider preliminary data from the congressionally mandated stress studies and (2) apply the proper legal standard to the available scientific information. The Secretary's initial finding, which was based on various research projects specifically mandated by Congress and carried out by NOAA Fisheries, was that there was insufficient evidence that the use of chase and encirclement fishing techniques for tuna in association with dolphins was having a “significant adverse impact” on depleted dolphin populations in the Eastern Pacific Ocean (EPO).
 

Order of 23 July 2001