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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., 



Resoondents 



Civil Action No. 75-0227 



MEMORANDUM IN SUPPORT OF MOTION FOR 

 PRELIMI NARY INJUNCTION 



The regulations issued on February 24, 1977 by Director 

 Robert W. Schoning of the National Marine Fisheries Service 

 governing the taking and importing of marine mammals incidental 

 to commercial fishing operations fail to comply with the re-, 

 quirements and mandate of the Marine Mammal Protection Act, 16 

 U.S.C. §1361 et seq. The regulations fail to remedy the defects 

 which led this Court to void the 1976 regulations in an Order of 

 May 11, 1976, and affirmed by the Court of Appeals of the District 

 of Columbia Circuit on August 6, 1976. In particular, Petitioner 

 requests the Court to take note of the following and fatal short- 

 comings of the regulations: 



1) The Act requires as a precondition to issuance of any 

 regulations which provide for the taking of marine mammals that 

 the Secretary be assured, prior to adopting such regulations, that 

 the taking provided for will not be to the disadvantage of the 

 involved marine mammals Sections 1371(a)(3)(A) and 1373(a). The 

 Act mandates as well an optimum sustainable population for each 



