US judge blocks bid to ease dolphin-safe rules
Date: 14-Apr-03
Country: USA
Author: Michael Kahn
U.S. District Court Judge Thelton Henderson issued a preliminary injunction blocking a Commerce Department finding that allows tuna caught by fisherman encircling dolphins with nets to bear the label if observers certify none of the mammals were killed or seriously injured in the process.
The injunction keeps in effect a 1990 standard that bars any tuna caught using dolphins as targets from carrying the dolphin-safe label. This designation has proved a key selling point for many U.S. shoppers.
Fishermen target dolphins because they are often a good indicator of tuna habitats. Under the new rules proposed by the Commerce Department, fisherman who encircle dolphins in speedboats and release them after separating out the tuna would be able to use the "dolphin safe" label.
But in his decision, Henderson ruled environmental groups led by the Earth Island Institute were likely to prevail in arguments disputing the governments findings that this type of fishing does not adversely harm dolphin populations. A trial is set for later this year.
"The court concludes that plaintiffs have raised a serious question as to whether the secretary relied on factors which Congress did not intend it to consider and shown that they are likely to succeed on their claim that the final finding is contrary to the best available scientific evidence," the judge said in his ruling.
Representatives for the U.S. Justice Department could not immediately be reached for comment.
The latest fight over the tuna labels stems from the Commerce Department's recent announcement that harvesting tuna in the Pacific Ocean using a large net does not significantly affect nearby dolphin populations.
It has also prolonged a bitter trade controversy that has frayed U.S.-Mexico commercial relations since 1991. The judge is still considering whether to allow the Mexican tuna fishing industry to intervene in the case.
Mexico and the United States have been at odds over whether Mexican fishing harms dolphins. Last year, Mexico threatened to plead its case before international trade bodies if Washington did not lift what it called a "de facto embargo" on its tuna.
The U.S. government has said dolphin deaths have decreased significantly as the technique of harvesting tuna by encircling the mammals was refined.
Earlier methods of using fishing nets killed hundreds of thousands of dolphins but deaths have dropped to 2,000 per year, according to the government. Environmentalists argue the government studies underestimate deaths by ignoring factors such as stress from being chased with speedboats.