Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Fishing ban · United States · 2004–2020

Hawaii shallow-set longline swordfish fishery: loggerhead interaction limits, Ninth Circuit ruling and 2018 closure

Nature's voice · report
Interactions with my loggerheads allowed to the Hawaii swordfish fleet rose from 17 a year (2004) to 34 (2012) and 36 (2019); the Ninth Circuit held the 2012 no-jeopardy finding arbitrary and capricious. US Court of Appeals for the Ninth Circuit Federal Register (govinfo.gov)
Did nature suffer? Not measured. Accounts differ ↓
Not on record
  • No measurement of the harm done to me here is on record.
What the record lacks: 1 none on record · 1 not measured · 1 disputed · 1 unclear See the gaps
Accounts of the harm differ
Whether allowed loggerhead interactions in the fishery were consistent with a no-jeopardy finding
  • Government and regulators NMFS (2012 biological opinion): Allowed 34 loggerhead interactions a year and removed the cap on sets. US Court of Appeals for the Ninth Circuit
  • Communities and civil society Turtle Island Restoration Network and Center for Biological Diversity: Sued over the 2012 opinion; the Ninth Circuit ruled for them on the loggerhead finding. US Court of Appeals for the Ninth Circuit
  • Courts Ninth Circuit (27 December 2017, 2–1): Held the loggerhead no-jeopardy finding arbitrary and capricious. US Court of Appeals for the Ninth Circuit
  • Government and regulators NMFS (2019 opinion and 2020 rule): Allowed 36 loggerheads a year and set a limit of 5 per trip; gave the North Pacific loggerhead population as increasing about 2.3% a year, at about 340,000 turtles. Federal Register (govinfo.gov)

The Hawaii-based shallow-set longline fishery was reauthorised in 2004 with a limit of 17 loggerhead interactions a year. In 2017 the Ninth Circuit held NMFS's 2012 no-jeopardy finding for loggerheads arbitrary and capricious; a May 2018 settlement closed the fishery for the rest of that year, and a 2019 opinion and 2020 rule set new limits.

17 (2004), 34 (2012 opinion), 36 (2019 opinion)Annual loggerhead interaction limit for the fishery
A rule effective 17 September 2020 removed the fleet-wide cap of 17 and set a limit of 5 per trip.

Status As of September 2020: a rule effective 17 September 2020 removed the fleet-wide loggerhead cap of 17 and set a limit of 5 per trip; the 2019 opinion allows 36 loggerheads a year.

What?
NMFS authorised the Hawaii shallow-set longline swordfish fishery with limits on loggerhead and leatherback interactions. The Ninth Circuit held the 2012 loggerhead no-jeopardy finding arbitrary and capricious; the fishery was closed for the rest of 2018 and later authorised with new limits. US Court of Appeals for the Ninth Circuit
Where?
Hawaii and the North Pacific; the Ninth Circuit Court of Appeals, United States. US Court of Appeals for the Ninth Circuit
When?
Reauthorised 2004; biological opinion 30 January 2012; Ninth Circuit ruling 27 December 2017; settlement and closure 4 May 2018 (closure 8 May–31 December 2018); biological opinion 26 June 2019; rule effective 17 September 2020. US Court of Appeals for the Ninth Circuit
Who?
Gained
  • Hawaii shallow-set longline fishery operators — Loggerhead interaction limit of 34 a year under the 2012 opinion and 36 under the 2019 opinion; the fleet-wide cap of 17 removed in the 2020 rule Federal Register (govinfo.gov)
  • Turtle Island Restoration Network and Center for Biological Diversity — Ninth Circuit ruling of 27 December 2017 in their favour on the loggerhead finding; closure of the fishery from 8 May to 31 December 2018 US Court of Appeals for the Ninth Circuit
Lost
  • Hawaii shallow-set longline fishery operators — Fishery closed from 8 May to 31 December 2018; the value of the fishery is not on record Federal Register (govinfo.gov)
Harmed
  • North Pacific loggerhead turtles — Interactions with the fishery allowed at up to 17, 34 and 36 a year under successive limits; 13 interactions in 2020 to 8 September; NMFS gave the population as increasing about 2.3% a year Federal Register (govinfo.gov)
Why?
Turtle Island Restoration Network and the Center for Biological Diversity sued over the 2012 opinion's loggerhead no-jeopardy finding; NMFS said it was "prepared to address the deficiencies". Environment Hawaii
How?
Biological opinions set annual limits on loggerhead and leatherback interactions; the Ninth Circuit ruling led to a settlement that vacated the loggerhead part and closed the fishery, and a 2020 rule replaced the fleet-wide cap with a per-trip limit. Federal Register (govinfo.gov)
6 of 6 questions answered from the record

What happened

The record, in order.

The Hawaii shallow-set longline swordfish fishery was reauthorised in 2004 with limits of 16 leatherback and 17 loggerhead interactions a year and 2,120 sets. A biological opinion of 30 January 2012 allowed 26 leatherback and 34 loggerhead interactions a year and removed the cap on sets (77 FR 60638).

Turtle Island Restoration Network and the Center for Biological Diversity sued the National Marine Fisheries Service (NMFS) and other federal agencies; the Hawaii Longline Association intervened. On 27 December 2017 the Ninth Circuit (No. 13-17123, 2–1) held the loggerhead no-jeopardy finding arbitrary and capricious.

A settlement of 4 May 2018, entered as a court order, vacated the loggerhead part of the challenged opinion and closed the fishery from 8 May to 31 December 2018 (83 FR 21939).

A new biological opinion of 26 June 2019 allowed 36 loggerhead interactions a year. A rule effective 17 September 2020 (85 FR 57988) removed the fleet-wide cap of 17 and set a limit of 5 per trip. NMFS (2020) gave the North Pacific loggerhead population as increasing about 2.3% a year, at about 340,000 turtles. Thirteen interactions were recorded in 2020 to 8 September; in 2018, 16% of trips accounted for 58% of interactions.

  1. 2004Fishery reauthorised with limits of 16 leatherback and 17 loggerhead interactions a year and 2,120 sets
  2. 2012Biological opinion of 30 January allows 26 leatherback and 34 loggerhead interactions and removes the set cap (77 FR 60638)
  3. 2017Ninth Circuit holds the loggerhead no-jeopardy finding arbitrary and capricious (27 December, No. 13-17123, 2–1)
  4. 2018Settlement and court order of 4 May vacate the loggerhead part and close the fishery 8 May–31 December (83 FR 21939)
  5. 2019New biological opinion (26 June) allows 36 loggerheads a year
  6. 2020Rule effective 17 September (85 FR 57988) removes the fleet-wide cap of 17 and sets a limit of 5 per trip

What was said

Claims, in the words of those who made them.

“prepared to address the deficiencies”

“A healthy ocean belongs to all of us.”

Where accounts differ

Each party's account, side by side, with its source. The record does not settle these points; it shows them.

Whether allowed loggerhead interactions in the fishery were consistent with a no-jeopardy finding
Government and regulators
NMFS (2012 biological opinion)

Allowed 34 loggerhead interactions a year and removed the cap on sets.

US Court of Appeals for the Ninth Circuit
Communities and civil society
Turtle Island Restoration Network and Center for Biological Diversity

Sued over the 2012 opinion; the Ninth Circuit ruled for them on the loggerhead finding.

US Court of Appeals for the Ninth Circuit
Courts
Ninth Circuit (27 December 2017, 2–1)

Held the loggerhead no-jeopardy finding arbitrary and capricious.

US Court of Appeals for the Ninth Circuit
Government and regulators
NMFS (2019 opinion and 2020 rule)

Allowed 36 loggerheads a year and set a limit of 5 per trip; gave the North Pacific loggerhead population as increasing about 2.3% a year, at about 340,000 turtles.

Federal Register (govinfo.gov)

How it looked

What was shown, beside what was recorded.

Shown

Recorded

Who gained

Money that reached nature, beside money that stayed elsewhere.

Reached nature or the ground

Not published
No figure published.

Gained elsewhere

Not totalled
Currency: USD · Window: . All figures cover the same period. * Estimate built from cited figures.

Responses on record

  • National Marine Fisheries Service: Michael Tosatto of NMFS said the agency was "prepared to address the deficiencies". · Environment Hawaii
  • Turtle Island Restoration Network: Todd Steiner said: "A healthy ocean belongs to all of us." · Environment Hawaii

In court and with insurers

Every proceeding and every insurer decision on record.

Lawsuits and rulings

  1. 2017Claimant won
    Ninth Circuit, No. 13-17123: challenge to the 2012 biological opinion for the Hawaii shallow-set longline fishery
    US Court of Appeals for the Ninth Circuit · Appeal · Turtle Island Restoration Network and Center for Biological Diversity → NMFS, Department of Commerce, Fish and Wildlife Service, Department of the Interior; Hawaii Longline Association intervened

    On 27 December 2017 the Ninth Circuit, 2–1, held the loggerhead no-jeopardy finding arbitrary and capricious. US Court of Appeals for the Ninth Circuit

  2. 2018Settled
    Settlement and court order of 4 May 2018: vacatur of the loggerhead part and closure of the fishery
    US federal court (order of 4 May 2018) · Civil · Turtle Island Restoration Network and Center for Biological Diversity → NMFS and other federal defendants

    A settlement of 4 May 2018 vacated the loggerhead part and closed the fishery from 8 May to 31 December 2018 (83 FR 21939). Federal Register (govinfo.gov)

Insurers

No insurer decision on record.

What nature saw

Outcomes measured on the ground, and nature's note.

Nature's report opens this page. Below: further outcomes measured on the ground.

Loggerhead interactions allowed per year
17, then 34, then 36
2004 limit; 2012 biological opinion; 2019 biological opinion
Interactions recorded
13
In 2020 to 8 September
Trips and interactions in 2018
16% of trips, 58% of interactions
Share of trips accounting for share of interactions
North Pacific loggerhead population
About 340,000, increasing about 2.3% a year
NMFS, 2020

What we don't know

Undisclosed, unproven, untried: recorded as data.
Court ruling exists

Nature

  • Not measured Harm to nature: The record holds no measurement of harm to nature.
  • Disputed Whether allowed loggerhead interactions in the fishery were consistent with a no-jeopardy finding

Record

  • None on record None on record: the value of the fishery.
  • Unclear Unclear: the share of loggerhead mortality caused by the fishery compared with its effect on the population.

Did the harm stop?

The fishery was closed from 8 May to 31 December 2018 under the May 2018 court order. A rule effective 17 September 2020 set a limit of 5 loggerhead interactions per trip and removed the fleet-wide cap of 17; 13 interactions were recorded in 2020 to 8 September.

Who paid?

No amounts are on record.

Sources

Voices on record: — Company or project✓ Government and regulators✓ Courts✓ Press and investigations— Communities and civil society— Researchers

Government and regulators

  2. Federal Register rule, 85 FR 57988 (17 September 2020)
    Federal Register (govinfo.gov) · 2020-09-17

Courts

  1. Ninth Circuit opinion, No. 13-17123
    US Court of Appeals for the Ninth Circuit · 2017-12-27

Press and investigations

Connected cases

Related matters, and cases linked to this one through the same organisations, with the role each played in both.
Terms used on this page

Institutions

NOAA
The US National Oceanic and Atmospheric Administration, which leads damage assessment for coastal and marine spills.
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