Safari Club Int'l v. Jewell (In re Polar Bear Endangered Species Act Listing & Section 4(D) Rule Litig.)

摘要

U.S. Fish and Wildlife Service was entitled to judgment on claims it violated Marine Mammal Protection Act in barring importation of polar bear trophies after species was listed as threatened under Endangered Species Act, because, even though claims were ripe for review: (1) MMPA unambiguously classifies species listed under ESA as depleted species; (2) act unambiguously bars importation of depleted species; (3) MMPA unambiguously bars current importation of any trophies of depleted species even if specific polar bears were taken before listing decision was made; and (4) even though service conceded it did not comply with procedural requirements of Section 115(a) of MMPA that are required before making determination that marine mammal species is depleted species, Section 115(a) does not apply to automatic designation of species as depleted after being listed under ESA.