CIT Warns of Fate of Maui Dolphin in Dismissing Conservation Case

The Court of International Trade on Sept. 11 granted a voluntary dismissal bid from conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society in their action seeking an import ban on fish from New Zealand's West Coast North Island inshore trawl and inshore set net fisheries under the Marine Mammal Protection Act.

The case was filed to protect the endangered Maui dolphin, which is purportedly harmed by fishing practices in New Zealand. Judge Gary Katzmann said the "case is now closed," but the "fate of the Maui dolphin is not so easily resolved." Estimates show that there are only around 43 Maui dolphins remaining and their population declined at a rate of 3% to 4% per year during 2001-21.

The conservation groups' dismissal bid came after the National Oceanic and Atmospheric Administration issued new comparability findings for the New Zealand fisheries, finding that they have a level of environmental protections comparable to what the U.S. has (see 2404010015). As a result of the new findings, Katzmann lifted the injunction he imposed on the import of fish from the fisheries, though the judge said that the conservation groups could file a new lawsuit challenging the new comparability findings.

During a status conference held Sept. 10 on the voluntary dismissal motion, Lia Comerford, counsel for the conservation groups, said her clients "made the decision not to pursue a claim challenging the new findings." She said the decision was made for "various reasons," but she didn't divulge any specifics.

As part of the resolution of the case, the U.S. agreed to pay the conservation groups $375,000 in attorney's fees (see 2409090011).

In his opinion, Katzmann said the "outcome here reflects the efforts of Plaintiffs, the United States, and New Zealand as they all work within complex domestic and transnational legal frameworks to avert catastrophe. At stake is nothing less than the survival of the Maui dolphin, which cannot be replaced."

(Sea Shepherd New Zealand v. United States, Slip Op. 24-101, CIT # 20-00112, dated 09/11/24; Judge: Gary Katzmann; Attorneys: Lia Comerford of Earthrise Law Center for plaintiffs Sea Shepherd New Zealand and Sea Shepherd Conservation Society; Stephen Tosini for defendant U.S. government; Warren Connelly of Trade Pacific for defendant-intervenor New Zealand Government)