251 



UNITED "STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLUMBIA 



COMMITTEE FOR HUMANE LEGISLATION, 

 INC. , 



Petitioner 



JUANITA M. KREPS, et al., 



Respondents 



Civil Action No. 74-1465 



FUND FOR ANIMALS, et al. 



v. 

 JUANITA M. KREPS, et al . , 



Respondents 



Civil Action No. 75-0227 



MOT ION FOR P RE LIMIN ARY INJ UNCTION 



On February 24, 1977, Robert W. Schoning, Director of the 

 National Marine Fisheries Service, published regulations governing 

 the taking and importing of marine mammals incidental to commer- 

 cial fishing operations. 42 F.R. 12010 et seq . 



Petitioner, the Committee for Humane Legislation, Inc., 

 moves this Court pursuant to Rule 65 of the Federal Rules of 

 Civil Procedure to- grant a preliminary injunction, thus preventing 

 the application of these regulations, and any permit issued 

 pursuant thereto. This injunction is requested because the 

 regulations are violative of the Marine Mammal Protection Act, 16 

 U.S.C. §1361 et seq . A copy of the regulations accompanies this 

 Motion . 



Unless restrained, it is anticipated that member boats of 

 the American Tunaboat Association will rebegin their killing, 

 injury, and "taking" of marine mammals as part of their commer- 

 cial fishing operations on April 11, 1977. Petitioner seeks the 

 protection of this Court, as there is no adequate remedy at 



