Cases / Fishing ban · United States · 2001–2007
US Atlantic pelagic longline fishery: loggerhead take limits, Northeast Distant area reopened to circle hooks (2004) and Oceana v. Gutierrez (2007)
Nature's voice · report
US Atlantic pelagic longliners had 273 observed interactions with my loggerheads in 2001 and 335 in 2002; 1,869 loggerhead takes were then allowed for 2004-2006. Federal Register (via govinfo.gov)
Did nature suffer? Yes. Harm is on record.
Recorded
- My loggerheads had 273 observed interactions with the fishery in 2001 and 335 in 2002. Federal Register (via govinfo.gov)
- NMFS learned in 2003 that the take statement for my loggerheads may have been exceeded in 2002. Federal Register (via govinfo.gov)
NMFS learned in 2003 that its take statement for loggerheads may have been exceeded in 2002. A 6 July 2004 rule reopened the Northeast Distant area to vessels using circle hooks, and the D.C. Circuit affirmed for the government on 1 June 2007.
1,869Loggerhead takes allowed, 2004-2006
Allowed loggerhead takes for 2004-2006 under the 2004 rule; observed interactions were 273 in 2001 and 335 in 2002.
Allowed loggerhead takes for 2004-2006 under the 2004 rule; observed interactions were 273 in 2001 and 335 in 2002.
Status As of June 2007 (latest dated source): the D.C. Circuit affirmed for the government in Oceana v. Gutierrez.
What?
NMFS learned in 2003 that its loggerhead take statement may have been exceeded in 2002; in 2004 an opinion found no jeopardy for loggerheads and a rule reopened the Northeast Distant area to vessels using circle hooks; the D.C. Circuit affirmed for the government in 2007. Federal Register (via govinfo.gov)
Where?
The US Atlantic pelagic longline fishery, including the Northeast Distant area; the D.C. Circuit for the appeal. Federal Register (via govinfo.gov)
When?
Interactions observed 2001-2002; NMFS learned of the possible exceedance in 2003; opinion 1 June 2004; rule 6 July 2004; judgment 1 June 2007. Federal Register (via govinfo.gov)
Who?
Gained
- Longline vessels using circle hooks — The Northeast Distant area reopened to them by the rule of 6 July 2004 Federal Register (via govinfo.gov)
Lost
- Oceana — Oceana v. Gutierrez: the D.C. Circuit affirmed for the government on 1 June 2007 law.resource.org (court reporter text)
Harmed
- Loggerhead turtles — Observed interactions of 273 (2001) and 335 (2002); allowed takes of 1,869 for 2004-2006 Federal Register (via govinfo.gov)
Why?
The 2004 opinion found no jeopardy for loggerheads after NMFS learned that its take statement may have been exceeded in 2002. Oceana's arguments in the appeal are not recorded here. Federal Register (via govinfo.gov)
How?
Through an opinion finding no jeopardy, a rule reopening the Northeast Distant area to vessels using circle hooks, and allowed loggerhead takes for 2004-2006. Federal Register (via govinfo.gov)
6 of 6 questions answered from the record
What happened
The record, in order.
NMFS learned in 2003 that its take statement may have been exceeded for loggerheads in 2002. Observed interactions were 273 in 2001 and 335 in 2002.
An opinion of 1 June 2004 found no jeopardy for loggerheads, and the allowed loggerhead takes were 1,869 for 2004-2006. A rule of 6 July 2004 reopened the Northeast Distant area to vessels using circle hooks.
In Oceana v. Gutierrez (488 F.3d 1020, 1 June 2007) the U.S. Court of Appeals for the District of Columbia Circuit affirmed for the government.
- 2001273 observed interactions
- 2002335 observed interactions; the take statement for loggerheads may have been exceeded
- 2003NMFS learns that its take statement may have been exceeded for loggerheads in 2002
- 2004Opinion finding no jeopardy for loggerheads (1 Jun); rule reopening the Northeast Distant area to vessels using circle hooks (6 Jul); allowed loggerhead takes of 1,869 for 2004-2006
- 2007Oceana v. Gutierrez: D.C. Circuit affirms for the government (1 Jun)
How it looked
What was shown, beside what was recorded.
Shown
Recorded
- NMFS learned in 2003 that its take statement may have been exceeded for loggerheads in 2002.
- Allowed loggerhead takes of 1,869 for 2004-2006; observed interactions of 273 (2001) and 335 (2002).
- 6 July 2004 rule reopened the Northeast Distant area to vessels using circle hooks.
- Oceana v. Gutierrez, 488 F.3d 1020 (D.C. Cir., 1 June 2007): affirmed for the government.
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: · Window: . All figures cover the same period. * Estimate built from cited figures.
Responses on record
- NMFS (2004): An opinion of 1 June 2004 found no jeopardy for loggerheads, and a rule of 6 July 2004 reopened the Northeast Distant area to vessels using circle hooks. · Federal Register (via govinfo.gov)
In court and with insurers
Every proceeding and every insurer decision on record.
Lawsuits and rulings
- 2007-06-01Defendant wonOceana v. Gutierrez, 488 F.3d 1020US Court of Appeals for the District of Columbia Circuit · Appeal · Oceana → Gutierrez (as named in the case caption)
The D.C. Circuit affirmed for the government on 1 June 2007. law.resource.org (court reporter text)
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.
Observed interactions
273 (2001); 335 (2002)
Figures recorded with the loggerhead data of the 2004 rule
Allowed loggerhead takes, 2004-2006
1,869
As set for 2004-2006 under the 2004 opinion and rule
What we don't know
Undisclosed, unproven, untried: recorded as data.
Did the harm stop?
The 2004 opinion allowed loggerhead takes of 1,869 for 2004-2006 and the Northeast Distant area was reopened to vessels using circle hooks on 6 July 2004. The sources reviewed give observed interactions for 2001 and 2002 only.
Who paid?
None on record: no fine, compensation or cost figure appears in the sources reviewed.
Sources
Voices on record: — Company or project✓ Government and regulators✓ Courts— Press and investigations— Communities and civil society— Researchers
Government and regulators
- Federal Register rule of 6 July 2004 (Atlantic pelagic longline fishery, Northeast Distant area)Federal Register (via govinfo.gov) · 2004-07-06
Courts
- Oceana v. Gutierrez, 488 F.3d 1020 (D.C. Cir. 2007)law.resource.org (court reporter text) · 2007-06-01
Connected cases
Related matters, and cases linked to this one through the same organisations, with the role each played in both.
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