Hawaii shallow-set longline swordfish fishery: loggerhead interaction limits, Ninth Circuit ruling and 2018 closure
- No measurement of the harm done to me here is on record.
- 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.
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.
- 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
- 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)
- 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)
What happened
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.
- 2004Fishery reauthorised with limits of 16 leatherback and 17 loggerhead interactions a year and 2,120 sets
- 2012Biological opinion of 30 January allows 26 leatherback and 34 loggerhead interactions and removes the set cap (77 FR 60638)
- 2017Ninth Circuit holds the loggerhead no-jeopardy finding arbitrary and capricious (27 December, No. 13-17123, 2–1)
- 2018Settlement and court order of 4 May vacate the loggerhead part and close the fishery 8 May–31 December (83 FR 21939)
- 2019New biological opinion (26 June) allows 36 loggerheads a year
- 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
“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.
Allowed 34 loggerhead interactions a year and removed the cap on sets.
US Court of Appeals for the Ninth CircuitSued over the 2012 opinion; the Ninth Circuit ruled for them on the loggerhead finding.
US Court of Appeals for the Ninth CircuitHeld the loggerhead no-jeopardy finding arbitrary and capricious.
US Court of Appeals for the Ninth CircuitAllowed 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
Shown
- The 2012 biological opinion presented as finding no jeopardy to the loggerhead while allowing 34 interactions a year.
Recorded
- Ninth Circuit, No. 13-17123 (27 December 2017, 2–1): the loggerhead no-jeopardy finding was arbitrary and capricious.
- Court order of 4 May 2018: loggerhead part vacated; fishery closed 8 May to 31 December 2018.
- NMFS (2020): North Pacific loggerhead population increasing about 2.3% a year, about 340,000 turtles.
- Thirteen loggerhead interactions in 2020 to 8 September; in 2018, 16% of trips accounted for 58% of interactions.
Who gained
Reached nature or the ground
Gained elsewhere
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
Lawsuits and rulings
- 2017Claimant wonNinth Circuit, No. 13-17123: challenge to the 2012 biological opinion for the Hawaii shallow-set longline fisheryUS 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
- 2018SettledSettlement and court order of 4 May 2018: vacatur of the loggerhead part and closure of the fisheryUS 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
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
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
Government and regulators
- Federal Register notice, 83 FR 21939 (11 May 2018): closure of the Hawaii shallow-set longline fisheryFederal Register (govinfo.gov) · 2018-05-11
- Federal Register rule, 85 FR 57988 (17 September 2020)Federal Register (govinfo.gov) · 2020-09-17
Courts
- Ninth Circuit opinion, No. 13-17123US Court of Appeals for the Ninth Circuit · 2017-12-27
Press and investigations
- Court orders closure of swordfish fishery to protect loggerhead turtlesEnvironment Hawaii ·
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