Opinion by Judge BERZON for sections I and II; Opinion by Judge GOULD for sections III and IV.
OPINION
BERZON, Circuit Judge.
"[W]hile in life the great whale's body may have been a real terror to his foes, in his death his ghost[became] a powerless panic to [the] world." Herman Melville, Moby Dick 262 (W.W. Norton & Co. 1967) (1851). This modern day struggle over whale hunting began when the United States granted support and approval to the...
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