Save Dolphins v. United States Department of Commerce

MEMORANDUM OF OPINION

This is yet another action brought under the Freedom of Information Act, 5 U.S-C. § 552. Plaintiff, a nonprofit corporation whose primary purpose is to inform the citizens of the United States of the incidental killing of dolphins by the purse seine nets used by tuna fishing boats, seeks a copy of a motion picture film made by the National Marine Fisheries Service (NMFS), a part of defendant United States Department of Commerce. Defendant, an agency within the definition of 5 U.S.C. § 551 (1), is subject to the mandate of the Freedom of Information Act. Jurisdiction lies in this Court by virtue of 5 U.S.C. § 552 (a)(3). The case is now before the Court on plaintiff’s motion for summary judgment.

In November and December of 1971, NMFS chartered the purse seiner, M/V Queen Mary, with its captain, Joseph M. Medina, Jr., and its crew for a research cruise in a part of the eastern Pacific Ocean closed to tuna fishing during that time of the year. The purpose of the cruise was to conduct experiments relating to the development of equipment and methods designed to improve porpoise rescue operations in tuna fishing. Medina’s compensation for the use of his vessel…