Defining "Dolphin Safe"
Most of us have seen the "dolphin safe" label on cans of tuna fish. Throughout the 1980s, biologists and animal activists became alarmed at the number of dolphins killed each year in the all-encompassing nets, called purse seines, used by some commercial tuna fishermen. The 1991 Dolphin Safe Consumer Information Act designated that tuna certified as caught without harming any dolphins in the process could be labeled as "dolphin safe" and sold in the United States.

On December 31, 2002, the Commerce Department's National Marine Fisheries Service (NOAA Fisheries), announced that use of these purse seine nets is not having a "significant adverse impact" on wild dolphin populations. (Click here to read the release.) Therefore, tuna captured in these nets may now be designated as "dolphin-safe."

The decision has outraged conservation groups, several of which are challenging the Department of Commerce (DOC) in the federal courts. The conservation groups-including Earth Island Institute and the Humane Society-have some unexpected allies on their side. Several of the scientists who conducted the research for the DOC—including Dr. Robert J. Hofman, who served as the scientific director of the Marine Mammal Commission for 25 years-take issue with the policy change, which seems to run contrary to their own data. (Click here to read to read the data.)

On January 9, 2003, the DOC agreed to abide by the previous "dolphin safe" designation until the case is resolved.

Click on a thumbnail picture to learn about other water rights decisions: