California and Oregon drift gillnet fishery: Pacific Loggerhead Conservation Area and the SB 1017 buyout
- NMFS found in a biological opinion of 23 October 2000 that the drift gillnet fishery was likely to jeopardise my loggerheads. Federal Register (govinfo.gov)
- NMFS's 2003 rule gives a take statement of 1 observed loggerhead, with 2 estimated mortality, per El Niño year, and 32% mortality in 1990–2000 data. Federal Register (govinfo.gov)
A 2000 biological opinion found the drift gillnet fishery likely to jeopardise loggerheads. NMFS closed an area to the fishery in June–August during El Niño conditions from 2004, and California's SB 1017 of 27 September 2018 phases out swordfish drift gillnets through a buyout.
Estimate; up to $4,970 per vessel.
Status As of September 2018: California SB 1017 (27 September 2018) phases out swordfish drift gillnets through a buyout; the 2003 El Niño closure rule remains the federal measure recorded in the sources reviewed.
- Active drift gillnet fishers surrendering nets — $10,000 per state permit plus $100,000 for active fishers surrendering nets under SB 1017, according to Oceana Oceana
- About 16 affected vessel owners — Closure cost estimated by NMFS at $79,500 in gross revenue per El Niño year, up to $4,970 per vessel Federal Register (govinfo.gov)
- Loggerheads — A 2000 biological opinion found the fishery likely to jeopardise them; 32% mortality in 1990–2000 data Federal Register (govinfo.gov)
What happened
A biological opinion of 23 October 2000 found the drift gillnet fishery likely to jeopardise loggerheads. NMFS's final rule of 16 December 2003 (68 FR 69962), effective 15 January 2004, established the Pacific Loggerhead Conservation Area and closed it to the fishery in June–August during El Niño conditions (50 CFR 660.713(c)(2)).
NMFS estimated the closure cost at $79,500 in gross revenue per El Niño year, up to $4,970 per vessel, for about 16 affected vessel owners. Its take statement was 1 observed loggerhead (2 estimated mortality) per El Niño year, and 32% mortality is stated for 1990–2000 data.
California SB 1017 (27 September 2018) phases out swordfish drift gillnets through a buyout of $10,000 per state permit plus $100,000 for active fishers who surrender nets, according to Oceana. Oceana's Susan Murray described the law as "an enormous net benefit for endangered whales, sea turtles".
A federal end to large-mesh drift gillnets by 2027 has been reported but was not verified.
- 2000Biological opinion (23 October) finds the fishery likely to jeopardise loggerheads
- 2003NMFS final rule (16 December, 68 FR 69962) establishes the Pacific Loggerhead Conservation Area, closed June–August in El Niño conditions; effective 15 January 2004
- 2018California SB 1017 signed (27 September): drift gillnet phase-out through a buyout
What was said
“an enormous net benefit for endangered whales, sea turtles”
How it looked
Shown
- SB 1017 presented as ending the swordfish drift gillnet fishery, with "an enormous net benefit for endangered whales, sea turtles".Oceana · Oceana
Recorded
- NMFS biological opinion of 23 October 2000: the fishery was likely to jeopardise loggerheads.
- NMFS final rule of 16 December 2003: the Pacific Loggerhead Conservation Area is closed in June–August during El Niño conditions; closure cost estimated at $79,500 gross revenue per El Niño year, up to $4,970 per vessel.
- California SB 1017 (27 September 2018): swordfish drift gillnets phased out through a buyout of $10,000 per state permit plus $100,000 for active fishers surrendering nets.
Who gained
Reached nature or the ground
Gained elsewhere
Responses on record
- Oceana: Susan Murray described the law as "an enormous net benefit for endangered whales, sea turtles". · Oceana
In court and with insurers
Lawsuits and rulings
Insurers
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
Court
- None on record No court case on record.
Record
- Insufficient Unconfirmed: a federal end to large-mesh drift gillnets by 2027.
Did the harm stop?
The Pacific Loggerhead Conservation Area closes in June–August during El Niño conditions under the 2003 rule; SB 1017 phases out swordfish drift gillnets through a buyout. Whether the closure and buyout reduced loggerhead mortality is not measured in the sources reviewed.
Who paid?
NMFS estimated the 2003 closure cost at $79,500 in gross revenue per El Niño year, up to $4,970 per vessel, borne by the affected vessel owners. The SB 1017 buyout pays $10,000 per state permit plus $100,000 for active fishers surrendering nets; the funder is not stated in the sources reviewed.
Sources
Government and regulators
- Federal Register final rule, 68 FR 69962 (16 December 2003)Federal Register (govinfo.gov) · 2003-12-16
Communities and civil society
Connected cases
- US Atlantic pelagic longline fishery: loggerhead take limits, Northeast Distant area reopened to circle hooks (2004) and Oceana v. Gutierrez (2007) United States · 2001–2007
- National Marine Fisheries Service (Public authority) — here: Issued the 2000 biological opinion and the 2003 final rule; there: Take statement, opinion of 1 June 2004 and rule of 6 July 2004
- Oceana (NGO) — here: Advocate for the phase-out; source for the buyout amounts; there: Named in the case caption Oceana v. Gutierrez
- Bottom trawling in European marine protected areas European Union · 2017–2026
- Oceana (NGO) — here: Advocate for the phase-out; source for the buyout amounts; there: Campaign group; tracking-based counts and roadmap analysis
- California law adds $18 billion to wildfire fund, half from customers United States · 2025
- California State Legislature (Government) — here: Enacted SB 1017 (27 September 2018); there: passed SB 254 (2025)
- FPL St. Lucie nuclear plant cooling-water intake and sea turtles, Hutchinson Island, Florida United States · 1976–2016
- National Marine Fisheries Service (Public authority) — here: Issued the 2000 biological opinion and the 2003 final rule; there: Issued a new biological opinion on 24 March 2016
- Hawaii shallow-set longline swordfish fishery: loggerhead interaction limits, Ninth Circuit ruling and 2018 closure United States · 2004–2020
- National Marine Fisheries Service (Public authority) — here: Issued the 2000 biological opinion and the 2003 final rule; there: Defendant; issued the 2012 and 2019 biological opinions
- NOAA certifications of Mexico for loggerhead bycatch in the Gulf of Ulloa Mexico · 2013–2026
- National Marine Fisheries Service (Public authority) — here: Issued the 2000 biological opinion and the 2003 final rule; there: NOAA Fisheries; issued the certification statements
- Removal of the Endangered Species Act 'harm' definition United States · 2025–2026
- National Marine Fisheries Service (Public authority) — here: Issued the 2000 biological opinion and the 2003 final rule; there: Agency that removed the definition from its regulations
- Soviet whaling catches and the reports to the IWC, 1948–1979 Russia · 1948–1994
- National Marine Fisheries Service (Public authority) — here: Issued the 2000 biological opinion and the 2003 final rule; there: Co-funder of the research reconstructing the catches
- US Endangered Species Act listing of nine loggerhead population segments (2011) and marine critical habitat (2014) United States · 2007–2014
- National Marine Fisheries Service (Public authority) — here: Issued the 2000 biological opinion and the 2003 final rule; there: Designated 38 marine areas as critical habitat on 10 July 2014
- US Southeast shrimp skimmer-trawl turtle excluder device rule (2019) and the Louisiana Shrimp Association litigation United States · 2019–2026
- National Marine Fisheries Service (Public authority) — here: Issued the 2000 biological opinion and the 2003 final rule; there: Issued the final rule of 20 December 2019