Key Takeaways:
- A small charity, Māui and Hector’s Dolphin Defenders NZ, is taking on the US government in a bid to protect endangered dolphins.
- The charity has won a previous case against the US government, with the Court of International Trade finding that the US government’s decision to allow fish imports from New Zealand was "arbitrary and capricious" and violated US federal law.
- The New Zealand government claims to have "extensive measures" in place to protect Hector’s and Māui dolphins, but the charity disputes this and is seeking a US fisheries import ban to protect the dolphins.
- The case has significant implications for the conservation of Māui and Hector’s dolphins, which are critically endangered and nationally vulnerable, respectively.
- The charity is arguing that the US government’s decision to allow fish imports from New Zealand violates the US Marine Mammal Protection Act (MMPA), which requires that countries apply similar protections against bycatch to those in place in US waters.
Introduction to the Case
The Māui and Hector’s Dolphin Defenders NZ, a small charity with only one part-time employee, is taking on the US government in a David and Goliath case at the Court of International Trade. The charity is seeking to protect endangered dolphins, specifically the Māui and Hector’s dolphins, which are found only in New Zealand. The case began in 2019 when the conservation organization Sea Shepherd sought to have nine species of fish from the North Island’s west coast caught in set nets and trawling banned due to the government’s alleged failure to protect critically endangered Māui dolphins. The New Zealand government joined the action as a defendant in 2020, and the case has been ongoing ever since.
The Court’s Ruling
In August 2025, the Court of International Trade found in favor of Māui and Hector’s Dolphin Defenders NZ, ruling that the US government’s decision to allow fish imports from the west coast fisheries violated federal law. The court found that the determination contained "vague conclusions," "no citations to record evidence at all," and inconsistencies between the New Zealand government’s claims and US fisheries agency conclusions. Judge Choe-Groves vacated the memorandum but declined to impose a new import ban, warning that if the fisheries agency NOAA continued to rely on the "arbitrary and unlawful" memorandum, a ban could yet be implemented.
The New Zealand Government’s Response
The New Zealand government claims to have "extensive measures" in place to protect Hector’s and Māui dolphins, including environmental outcomes and consultation with New Zealanders. Ministry for Primary Industries spokesperson Charlotte Denny stated that the ministry was aware of the latest court filing and would work with the US government to determine the next steps. The government has been "working closely" with the US to address matters raised in the August court findings and has since had a new favorable comparability finding issued in September. However, Māui and Hector’s Dolphin Defenders NZ disputes this, arguing that the government’s measures are insufficient and that a US fisheries import ban is necessary to protect the dolphins.
The Charity’s Argument
Māui and Hector’s Dolphin Defenders NZ argues that the US government’s decision to allow fish imports from New Zealand violates the US Marine Mammal Protection Act (MMPA). The charity claims that the New Zealand government’s measures to protect Hector’s and Māui dolphins are inadequate and that the US government has a responsibility to ensure that countries apply similar protections against bycatch to those in place in US waters. The charity’s chairperson, Christine Rose, stated that "taking on the US government is not something we take lightly," but the group has the support of legal teams from Earthjustice and Law of the Wild and the New Zealand public.
The Impact of the Case
The case has significant implications for the conservation of Māui and Hector’s dolphins, which are critically endangered and nationally vulnerable, respectively. Māui dolphins are the world’s rarest and smallest dolphin, with a population of around 54 individuals over one year of age. Hector’s dolphins, on the other hand, are thought to number around 15,000. The charity argues that the survival of the Māui dolphin population depends on perhaps 12 mature females and that set net and trawl fishing are the main direct causes of human-induced mortality of both Māui dolphins and Hector’s dolphins. The charity believes that a US fisheries import ban is necessary to protect both Māui and Hector’s dolphins and is seeking to have the US government take action to address the issue.
Conclusion
The case of Māui and Hector’s Dolphin Defenders NZ vs. the US government is a significant one, with implications for the conservation of endangered dolphins and the protection of marine mammals. The charity’s argument that the US government’s decision to allow fish imports from New Zealand violates the US Marine Mammal Protection Act (MMPA) is a strong one, and the court’s ruling in favor of the charity suggests that the US government may be required to take action to address the issue. The New Zealand government’s claims that it has "extensive measures" in place to protect Hector’s and Māui dolphins are disputed by the charity, and the case highlights the need for greater protection and conservation of these endangered species.
