Brown

Appellants Secretary of Commerce, Administrator of the National Oceanic and Atmospheric Association, Assistant Administrator of the National Marine Fisheries Service, and Secretary of the Treasury appeal the district court’s grant of a preliminary injunction in favor of plaintiffs Earth Island Institute, the Marine Mammal Fund, and David R. Brower. Because we find the district court lacked jurisdiction to issue such an injunction, we reverse.

I

On April 12,1988, plaintiffs filed suit seeking to require the government to enforce the Marine Mammal Protection Act (MMPA), 16 U.S.C. §§ 1361-1406 . On August 26, 1991, plaintiffs moved for partial summary judgment and a preliminary and permanent injunction regarding the government’s failure to implement bans on importation of tuna from “secondary” or “intermediary nations” as required by 16 U.S.C. § 1371 (a)(2)(C). 1 The district court entered an order granting the motion for preliminary injunction but denying the motions for summary judgment and permanent injunction. Earth Island Institute v. Mosbacher, 785 F.Supp. 826, 828 (N.D.Cal.1992).

Appellants argue that under 28 U.S.C. § 1581 (i)(3), exclusive subject matter jurisdiction over…