REINHARDT, Circuit Judge:
David Hayashi appeals his conviction of taking a marine mammal in violation of 16 U.S.C. § 1372(a)(2)(A). We hold that the Marine Mammal Protection Act (MMPA) and the regulations implementing the act do not make it a crime to take reasonable steps to deter porpoises from eating fish or bait off a fisherman's line. Therefore, we conclude that insufficient evidence supported Hayashi's conviction, and we reverse.
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