Mosbacher

ORDER

On January 10,1992 this Court issued its order regarding the secondary embargo provisions of the Marine Mammal Protection Act. On January 27,1992, pursuant to Federal Defendants motion for Clarification, we issued an order amending our January 10, 1992 order. In light of a stipulation filed by the parties on January 30, 1992, we once again amend our original order as reflected herein. This Amended Order supercedes the January 10, 1992 and January 27,1992 orders and constitutes the operative order in this case. This Amended Order does not alter the effect of the prior orders, but simply consolidates those orders.

This matter came before the Court on plaintiffs’ Motion for Summary Judgment, Preliminary and Permanent Injunction. The parties argued this motion before the Court on September 23, 1991. Appearances were made by Joshua Floum for plaintiffs and Charles Shockey for defendants.

Plaintiffs brought this motion in order to enforce the secondary embargo provisions of the Marine Mammal Protection Act (MMPA). We believe that the proper interpretation of the secondary embargo is that intermediary nations must provide to the United States government, certification and proof…