This note focuses on one such instance where a court erred in interpreting a key term in the MMPA. In United States v. Hayashi, the Ninth Circuit, sitting en bane, found that a fisherman who shot at porpoises to deter them from his catch did not commit a "taking" under the MMPA. The court held that to constitute a criminal "taking" under the MMPA, harassment of a marine mammal must entail direct and serious disruptions of normal mammal behavior. This decision may result in further exploitation and suffering of marine mammals.
April Fisher and Amber A. Bell,
Did United States v. Hayashi Fail to Provide a Safe Harbor for Marine Mammals Under the Marine Mammal Protection Act?, 27 Golden Gate U. L. Rev.