The self-proclaimed activist "Prince of Whales,"
Richard Strahan, received a partial victory this week in his
lawsuit alleging that Massachusetts' regulations requiring
lobster fisherman to use certain gear violate the Endangered
Species Act.
The North Atlantic right whale is an endangered species, with
fewer than 500 remaining. As such, the right whale is protected by
the Endangered Species Act ("ESA"), which makes it
illegal to "take" an endangered species. 16 U.S.C. §
1538(a)(1)(B). This prohibits people and governments from
"harass[ing], harm[ing], pursu[ing], hunt[ing], shoot[ing],
wound[ing], kill[ing], trap[ping], captur[ing], or
collect[ing]" the species. 16 U.S.C. § 1532(19). Unlike
other statutes that seek to protect animals, such as the Animal
Welfare Act, the ESA includes what is a called a "citizen suit
provision," which allows private individuals to file lawsuits
to stop an alleged violation of the ESA. 16 U.S.C. §
1540(g).
