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KOHOLA v. NATIONAL MARINE FISHERIES SERVICE

No. CIV.0300633SPK/BMK.

314 F.Supp.2d 1029 (2004)

Hui Malama I KOHOLA, et al., Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, et al., Defendants, and Hawaii Longline Association, Intervenor.

United States District Court, D. Hawai'i.

April 13, 2004.

Attorney(s) appearing for the Case

David L. Henkin, Esq., Earthjustice Legal Defense Fund, Honolulu, HI, for Plaintiffs.

Keith Rizzardi, Esq., United States Department of Justice, Environment & Natural Resources Division, Wildlife & Marine Resources Section, Washington, DC, Theodore G. Meeker, Esq., Assistant United States Attorney, Honolulu, HI, for Defendants.

Laurie K. Beale, Esq., Jeffrey W. Leppo, Esq., Stoel Rives LLP, Seattle, WA, George W. Brandt, Esq., Steven Y. Otaguro, Esq., Lyons Brandt Cook & Hiramatsu, Honolulu, HI, for Intervenor.

ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANTS' AND INTERVENOR'S MOTIONS FOR SUMMARY JUDGMENT

SAMUEL P. KING, District Judge.

OVERVIEW

This suit involves the cetacean "false killer whale" (pseudorca crassidens), Hawaii commercial longline fishing operations, and the Marine Mammal Protection Act, 16 U.S.C. §§ 1361 et seq. ("MMPA"). False killer whales are sometimes — recent data indicates around...

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