Brower

CORRECTED MEMORANDUM AND ORDER

On April 29,1999, the Secretary of Commerce issued an “initial finding” that “there is insufficient evidence that chase and encirclement by the tuna purse seine fishery ‘is having a significant adverse impact’ on the depleted dolphin stocks in the [Eastern Tropical Pacific Ocean].” 64 Fed.Reg. 24,590 (1999). David Brower, Earth Island Institute, The Humane Society of the United States, and other individuals and organizations (collectively “plaintiffs”), challenge the validity of this finding under the Administrative Procedures Act (“APA”), 5 U.S.C. § 706 (2). Plaintiffs also assert that defendants failed to comply with their obligations under the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., prior to issuing the April 29,1999 initial finding.

This matter came before the Court on Monday, April 3, 2000, on plaintiffs’ and defendants’ simultaneous cross-motions for summary judgment, and plaintiffs’ alternative motion for a preliminary injunction. Having carefully considered the parties’ written and oral arguments and the administrative record, the Court grants plaintiffs’ motion for summary judgment with respect to their claim…