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Politics Over Science In
'Dolphin Safe' Tuna Labelling

BushGreenwatch.org
9-17-4
 
A federal judge has issued a stinging rebuke to the Bush administration by ruling that the Commerce Department allowed politics, not science, to determine whether to relax the "dolphin safe" label for tuna sold in the U.S.
 
In a harshly worded opinion, San Francisco-based U.S. District Judge Thelton Henderson last month overturned an earlier Commerce Department finding that dolphins were not harmed by Mexican tuna boats when they encircled schools of tuna with purse seine nets.
 
The Commerce finding would have opened the way for the Mexican tuna industry to sell its catch in the U.S. and label it 'dolphin safe', despite the killing of thousands of dolphins annually by the fishery. At the same time, Judge Henderson commended the government's own scientists, who had argued that purse seine fishing was depleting dolphin populations.
 
"It appears that while the scientists at [National Marine Fisheries Service] undertook their research mission extremely seriously, at the end of the day, intense pressures ... led to a policy driven more by politics than science," Henderson wrote. "Indeed the record reflects an agency that gave short shrift to the conclusions of its own scientists, dragged its feet on crucial research, and ...ignored the explicit warning of the appellate court not to invoke 'insufficient evidence' as a justification for its finding."
 
In fact, Henderson wrote, "...this court has never, in its 24 years, reviewed a record of agency action that contained such a compelling portrait of political meddling."
 
"Judge Henderson's ruling exposes the Bush administration's deceit in ignoring its own scientists...to allow dolphin-deadly tuna back into the U.S. with a phony label," said David Phillips, director of the Earth Island Institute, which brought the lawsuit along with eight other ogranizations. "Secret court documents proved that the government knew all along that netting dolphins was jeopardizing their survival." [1]
 
The purse seine fishing method is widely used by tuna boats from Mexico, Venezuela, and Ecuador, which have been lobbying for years to gain entry to the lucrative U.S. tuna market. In December 2002, Commerce Department Secretary Donald Evans ruled that conclusive scientific evidence showing that dolphins were being killed in purse seine nets was lacking, despite the findings of the Department's own scientists.
 
Commerce Secretary Evans' claim of insufficient scientific evidence was undermined by Earth Island's discovery that some 300 government memos had been withheld from the court record.
 
The memos revealed that U.S. agencies' biologists knew that dolphin populations were not recovering, due to tuna fishing practices. The documents also revealed intense pressure from the U.S. Department of State, Mexico, and other tuna fishing nations to ignore the scientific evidence. [2]
 
"The Bush administration went to amazing lengths to prevent Earth Island and the court from obtaining these damaging revelations," said Phillips.
 
SOURCES:
[1] Earth Island press release, Aug. 9, 2004.
[2] Ibid.
 
Copyright © 2003 Environmental Media Services
 
http://www.bushgreenwatch.org/mt_archives/000184.php


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