San Diego

For the fourth time in three months, a U.S. district judge on Monday temporarily blocked the government from forcing commercial tuna boat skippers to carry female observers during fishing expeditions.

In granting a preliminary injunction to the owner of the purse seiner Apure, Judge William Enright upheld the assertion of the tuna boat industry that the presence of federally mandated female observers on such boats raises serious questions regarding invasion of privacy issues.

However, Enright encouraged Assistant U.S. Atty. Karen Shichman, who represents the women monitors and their employer, the National Marine Fisheries Service, to appeal “any adverse ruling” to the U.S. 9th Circuit Court of Appeals.

Shichman, who charged that the arguments of the owners and the tuna industry against using women observers were “a veiled attempt” to fight sexual integration of the observer corps, said an appeal is being “strongly considered.”

At issue is a new policy by the Fisheries Service that adds women to its force of male observers. The observers are marine biologists who ride the purse seiners to count the number of porpoises killed in the process of catching tuna in the big nets. The federal government sets annual limits on the number of porpoises that U.S. fishermen can kill.

Earlier this month, Enright issued a temporary restraining order in favor of the owner of the Apure against the Fisheries Service. In January and February, Enright issued both a temporary restraining order and a preliminary injunction barring the assignment of women observers on any of the eight vessels owned by Caribbean Marine Service Co. Inc.

Two newly trained women monitors did sail in January on the tuna boats Antonina C and the Maria C.J. The owner of the Antonina C filed for a preliminary injunction, but Enright did not grant the motion because the vessel had already sailed with the female observer on board.