U.S. can't alter 'dolphin-safe' tuna rules: court

[Eugene]

Source: Reuters

U.S. can't alter 'dolphin-safe' tuna rules: court

By Adam Tanner
13 minutes ago

SAN FRANCISCO (Reuters) - The U.S. government has arbitrarily
and capriciously sought to ease rules for foreign fisherman on
"dolphin-safe" tuna, a U.S. federal appeals court ruled on Friday
in upholding current standards.

The decision by the 9th U.S. Circuit Court of Appeals to back the
standards is the latest in a long-running dispute on what tuna sold
in the United States can be labeled "dolphin safe" -- a designation
that means tuna is fished using practices that protect dolphins.

-snip-

The dispute involves the use of huge "purse seine" nets, which
fisherman have used since the late 1950s to boost their capture of
tuna swimming beneath dolphins. The nets get their name as they
can be closed like a drawstring purse.

-snip-

As decades of such fishing dramatically lowered the numbers of
certain species of dolphins, the U.S. Congress enacted a law in 1990
that said companies could not market tuna as "dolphin-safe" if they
caught the fish by purposely surrounding dolphins with the nets.

-snip-

Read more: http://news.yahoo.com/s/nm/20070427/bs_nm/dolphins_dc_1

[MasonJar]

1. Thank God there is some sanity in this Bushista world. Who thinks up

all these outrageous, nature-destroying ideas?

[KamaAina]

2. The dolphin killers have tried to claim that "dolphin safe" is an unfair trade barrier

under the WTO!

What's next? The Chinese claiming that inspecting wheat gluten for melamine is an "unfair trade barrier"?! :eyes:

[Ilsa]

9. I'm wondering: If China were hypothetically a part of NAFTA,

would they be able to sue the US for unfair trade over the melanine mess?

[mike_c]

11. under certain circumstances, yes-- and they would certainly be able...

...to use "infringement of trade" rules to complicate any responses. IIRC, the U.S. would have to conclusively show that their product causes harm before we could justify protecting ourselves against it. Buyers could always choose alternative sources if they're available, but the FDA could not prevent the use of Chinese gluten unless it could prove the product was unsafe. I do not believe we are at that standard of proof, yet.

[Robb]

3. How does the old joke go?

"DOLPHIN safe? Thank you. Thank you VERY much."
-- The Tuna

[The Doctor.]

17. I think it was, "You can't eat Dolphins, they're intelligent!"

"Not this one, it went bankrupt buying instant lottery tickets."

That aside, they damn well better not relax the laws as they are.

[valerief]

4. I'm waiting for mercury-free tuna. nt

[sandnsea]

15. Try this

It's not mercury-free, but it's better than a lot of fish. Just about any private fishermen will have troll-caught, younger, and lesser mercury, albacore. It's delicious too.

http://www.1wildplanet.com/osCommerce/catalog/product_info.php/products_id/32?osCsid=3e16b575606e5657df4d3f81554331a6

[valerief]

19. Thanks! Didn't know such a product existed. nt

[CountAllVotes]

23. troll?

ugh, that is awful. I had some troll salmon and it was basically inedible. It looked great but the taste - yuck. Farmed. That is why. Best to avoid is what I think.

[youngdem]

5. What they can't gut or overturn, they will strip enforcement funding for and ignore

The barbarians have stormed the gates, and are raping our country.

[Richard Steele]

22. They'll simply fire the people who inspect tuna for "dolphin safeness".

Honestly, given their history, they probably already have.

[gulfcoastliberal]

6. We're getting to the real purpose of "free trade" - usurping sovereignty

Mexico sued under the egregious "chapter 11" provision of NAFTA (edit: they sued the u.s. over the dolphin safe tuna regulation) that allows corporations to sue governments for laws & regulations that put a "burden" on trade. Things like environmental rules. These decisions are handed down bya private, non government tribunal and the corporation suing is allowed to pick one of the three arbitrators. It's a fucking disgrace.

WILLIAM GREIDER: What offends me most is that these lawyers understood that public laws were gonna come under attack in this system, and they just walked right past the question of where's the American public in this?

BILL MOYERS: They now have the right to sue governments?

WILLIAM GREIDER: Right, and sue them directly, without having to get the approval of their own government. And that's one of the features of NAFTA which is distinctively different from all previous trade agreements.


http://www.pbs.org/now/politics/tradingdemocracy.html

[rodeodance]

7. "The U.S. government has arbitrarily"---this could apply to lots of thing WH does.

[Thor_MN]

18. I don't know, there's is a clear cut rule by which the GOP operates

Whoever gives me the most money gets their way. So there is a definite "logic" behind their policy, although arbitrary does come into play due to their incompetence.

[Barrett808]

8. k & r

[Gman]

10. That's the second time I've seen "arbitrary and capricious" used

regarding this government in the last couple of weeks. Very strong words to use. There are no stronger words to describe behavior that is completely ambivalent and seemingly unpredictable. However, while the behavior may appear to be unpredictable or capricious, rest assured there is a very well planned out method to what they are doing. If you know their plan, it is completely predictable.

[Igel]

20. Because it's a common phrase with a specific meaning.

http://www.lectlaw.com/def/a064.htm, for example.

It pops up here and there.

[Gman]

21. It's a common phrase with the strongest meaning

it is a phrase not used lightly, and it is a phrase used only in the most extreme circumstances.

[roody]

12. Off topic, but I heard on the radio that no more vitamin C

is manufactured in the US. Most of it is made in China. I'm not buying it anymore.

[Kool Kitty]

13. Ugh. What is made here anymore?

That's one of the only supplements I regularly take.

[sandnsea]

14. Buy troll caught albacore

It's younger and has less mercury, is higher in Omega 3. They're caught with a hook. Once you've had it, the rest of the crap will taste like cat food. It's well worth the price, and I'm cheap cheap cheap.

I don't know who these people are, I'm just posting for the info. Check prices and sales.

http://www.albatuna.com/Info/Gear.htm

[shanti]

16. i agree

solid white albacore is the way to go if you eat and like canned tuna.