Marine Mammals

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: In 1997, the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneuvering by all of the concerned parties. Mr. Eichstaedt examines the history of the Makah whaling rights from the Tribe’s treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Americans reasserting a centuries-old custom.

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 outlines the history of the international Polar Bear Agreement and the issues arising from its provisions. It also points out inconsistencies between the international agreement and U.S. laws, such as the Marine Mammal Protection Act and the Coastal Zone Management Act, and offers suggestions to reconcile inconsistent provisions.

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: Ley 22584 approves the "Convention on the Conservation of Antarctic Marine Living Resources” that was adopted at the Diplomatic Conference held in Canberra on May 20, 1980 and subscribed by Argentina on the September 11th of that year.

Summary: Ley Nº 21.676 approves the "Convention for the Conservation of Antarctic Seals" adopted by the Conference on the Conservation of Antarctic Seals held in London in 1972 and signed by the Argentine Republic on June 9, 1972.

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: Ley 25.052/98 prohibits the hunt or capture of orca whales (Orcinus orca) by nets or by the forced stranding system. The penalty for violating this law will result in fines starting from one million Argentine pesos, and up to two million pesos when the capture resulted in the death of the specimen. The Secretary of Natural Resources, through the Direction of Ictícolas and Acuícolas Resources, are the authorities in charge of the application of this law. The Naval Prefecture of Argentina is the authority that exercises police power, and federal justice will know of the complaints made by the enforcement authority, the police authority, or any citizen or non-governmental institution.