The litigation arose as a result of a seizure by Fish 

 and Wildlife Service and National Marine Fisheries Service 

 enforcement agents of several articles of handicraft made by 

 the plaintiff out of sea otter skins. The items — which 

 included teddy bears, hats and mittens, fur flowers, and 

 pillows — were confiscated because there is no record 

 indicating that such articles were commonly produced by 

 Alaska Natives before the regulatory cut-off date. The 

 plaintiff claimed that, by seizing these items, the Federal 

 Government deprived her of the right to take marine mammals 

 for handicraft purposes. 



On 21 July 1986, the U.S. District Court for the 

 District of Alaska issued a decision in favor of the Fish and 

 Wildlife Service. Relying on both the express provisions and 

 the legislative history of the Marine Mammal Protection Act, 

 the Court held that it was a reasonable exercise of the 

 Service's authority to establish a 1972 cut-off date as part 

 of its regulations. At the end of 1986, the plaintiff was 

 seeking an expedited appeal of this decision. 



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