In the first extensive judicial interpretation of the Marine Mammal Protection Act of 1972,¹ federal district court Judge Charles R. Richey has found that the National Marine Fisheries Service violated the Act by allowing continued killing of porpoises incidental to tuna fishing operations.² The court also declared void regulations promulgated by the Service and a general permit issued to the American Tunaboat Association to allow taking of porpoise during tuna fishing.³

Judge Richey's decision in Committee for Humane Legislation, Inc. v. Richardson was, however, only the beginning. Nine days later, 11 days before the order was scheduled to take effect, congressional hearings began on H.R. 13865, a bill designed to overturn the decision by amending the Act, and so to keep the tuna fishermen in business. A few days later, President Ford "climbed aboard a tuna boat" while on a campaign trip and promised to fight the decision.⁴