Golden Gate University Law Review


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.