FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

INSTITUTE OF CETACEAN RESEARCH , No. 12-35266 a Japanese research foundation; KYODO SENPAKU KAISHA , LTD ., a D.C. No. Japanese corporation; TOMOYUKI 2:11-cv-02043- OGAWA , an individual; TOSHIYUKI RAJ MIURA , an individual, Plaintiffs-Appellants, ORDER v.

SEA SHEPHERD CONSERVATION SOCIETY , an Oregon nonprofit corporation; PAUL WATSON , an individual, Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington Richard A. Jones, District Judge, Presiding

Argued and Submitted October 9, 2012—Seattle, Washington

Filed December 17, 2012 2 INST . OF CETACEAN RESEARCH V . SEA SHEPHERD

Before: Alex Kozinski, Chief Judge, A. Wallace Tashima, and Milan D. Smith, Jr., Circuit Judges.

Order

ORDER

Defendants Sea Shepherd Conservation Society and Paul Watson, and any party acting in concert with them (collectively “defendants”), are enjoined from physically attacking any vessel engaged by Plaintiffs the Institute of Cetacean Research, Kyodo Senpaku Kaisha, Ltd., Tomoyuki Ogawa or Toshiyuki Miura in the Southern Ocean or any person on any such vessel (collectively “plaintiffs”), or from navigating in a manner that is likely to endanger the safe navigation of any such vessel. In no event shall defendants approach plaintiffs any closer than 500 yards when defendants are navigating on the open sea. This injunction pending appeal is issued pursuant to Fed. R. App. P. 8 and Fed. R. Civ. P. 62(g), and shall remain in place until we issue an opinion on the merits of this appeal.