Permit-Related Litigation 



On 21 October 1986, Greenpeace filed a lawsuit chal- 

 lenging Permit No. 563 issued by the National Marine 

 Fisheries Service to take up to 86 killer whales ( Orcinus 

 orca) by harassment for purposes of scientific research. 

 The research called for obtaining skin biopsies from up to 

 45 killer whales. The permit was issued on 22 August 1986 

 and had been approved, subject to recommended conditions, 

 by the Commission. 



In the lawsuit, Greenpeace alleges that the Service 

 violated the National Environmental Policy Act by failing 

 to: (a) prepare either an environmental assessment or an 

 environmental impact statement on the permit application; 

 (b) develop alternatives to the proposed taking that would 

 involve less impact on the affected animals; and (c) pro- 

 vide a reasoned explanation for the decision not to prepare 

 an environmental impact statement or environmental assess- 

 ment. The plaintiff also alleges that the Service violated 

 the Marine Mammal Protection Act by failing to obtain 

 sufficient evidence to make findings on whether the permit 

 would be consistent with the purposes and policies of the 

 Act and that it would advance a bona fide scientific 

 purpose. 



The Department of Justice filed an answer to the 

 complaint on 18 December 1986. Dispositive motions are 

 expected to be filed early in 1987. 



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