Dolphins

Summary: This overview explores the decline of the vaquita (phocoena sinus) population in the Sea of Cortez near Mexico. Vaquitas are the smallest cetacean species in the world with populations that have dwindled to near-extinction in the past twenty years. Vaquitas become entangled in gillnet fishing intended for totoaba fish, a commercially valuable species harvested for their swim bladders that are used in traditional Chinese medicine. While vaquitas receive protection under CITES, the MMPA, and gillnet bans, the lack of enforcement by the Mexican government has become an issue that resulted in several lawsuits by conservation organizations. With as few as ten vaquitas remaining in the wild, it is likely they will not be able to replace their population to outpace the deaths caused by illegal gillnet fishing.

Summary: A small porpoise called the vaquita is on the verge of extinction, largely due to gillnet fishing of the totoaba fish that commonly traps and kills vaquitas as well. This fishing takes place in waters in Mexico’s territory, where the last few vaquitas live. In 2020, under the Marine Mammal Protection Act (MMPA), the United States banned the importation from Mexico of seafood products caught with gillnets inside the vaquita’s range. The Center for Biological Diversity, the Animal Welfare Institute, and the Natural Resources Defense Council, Inc. (Plaintiffs) brought this lawsuit in 2022 against the Secretary of the U.S. Department of the Interior Deb Haaland and the U.S. Department of the Interior (Defendants). Plaintiffs argue that Defendants caused an unlawful delay responding to a 2014 letter requesting that Secretary of the Interior certify the embargo against Mexico in order to curb the fishing of the totoaba, as doing otherwise diminished the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) by furthering the extinction of the vaquita. Plaintiffs also requested an order enjoining defendants from further delay in responding to the petition to certify Mexico, and costs and attorneys’ fees associated with the lawsuit. After settlement negotiations took place, parties reached a conditional settlement, and Secretary Haaland certified to the President that the fishing of totoaba by Mexican nationals and related killing of vaquita diminishes the effectiveness of CITES. It remains unclear whether Mexico has made progress in implementing the plan to save the vaquita, whether CITES is being implemented effectively by Mexico, and whether the President will act on the Secretary’s certification. After confirming that the Secretary of the Interior certified Mexico pursuant to the settlement agreement, parties entered into a voluntary dismissal and the court dismissed the lawsuit.

Summary: Ms. Stewart reviews the history of the tuna-dolphin controversy in the Eastern Pacific Ocean. She explores international agreements and U.S. law that mandate dolphin-safe tuna fishing practices. Finally, Ms. Stewart reviews the steps taken by the United States, including embargoes against other countries’ tuna, to force tuna-fishing nations to use dolphin-safe practices.

Summary: This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife.

Summary: Before the Argentina National Constitution of 1994, the attorney Alberto Kattan and Juan Schroder brought an action of amparo (protection of rights) against the national government to prevent the hunting of 14 Commerson's dolphins that had been authorized by the national government. The question was whether these people had a cause of action as they had not suffered any direct or personal harm. The court declared the action of amparo valid leaving the administrative authorizations that allowed the hunting of Commerson's dolphins without effect.

Summary: Ley 25.577/02 prohibits the hunting and intentional capture of any of the cetaceans listed in the appendant of the same law. The authority in charge of enforcing this law is the Secretariat of Sustainable Development and Environmental Policy of the Ministry of Social Development and Environment of the Nation, which will establish the measures to minimize the incidental capture of the cetaceans listed in the appendant. The authority also establishes exceptions to hunting and intentional capture when they have scientific or educational objectives, or when the purpose is the conservation of the species. Ley N° 25.052 regulates the hunting and intentional capture of the orca species.

Summary: Through Ley 557, Congress approves and adopts the international Dolphin Conservation Program signed in Washington D.C. This program covers all the area in the Eastern Pacific Ocean and was ratified by Belize, Colombia, Costa Rica, Ecuador, El Salvador, European Union, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru, United States, and Venezuela. The main goal of this program is to reduce dolphin mortality in the Eastern Pacific due to the tuna purse-seine fishery.

Summary: Despite its species management and sustainable population objective, the MMPA suffers from several inherent shortcomings that ultimately impede the policy and conservation goals. These shortcomings include the industry-set standards, fractured agency responsibility, and a lack of regulation, the combination of which leads to the questionable educational value of the display industry and the promulgation of the conservation fallacy.