Cases / Law, regulation and treaties · United States · 2007–2014
US Endangered Species Act listing of nine loggerhead population segments (2011) and marine critical habitat (2014)
Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
- The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 1 not measured See the gaps
A final rule of 22 September 2011 identified nine loggerhead distinct population segments, four threatened and five endangered. On 10 July 2014 the National Marine Fisheries Service designated 38 marine areas as critical habitat, with no exclusions.
38Marine areas designated as loggerhead critical habitat
NMFS final rule of 10 July 2014 (79 FR 39856); no areas were excluded.
NMFS final rule of 10 July 2014 (79 FR 39856); no areas were excluded.
Status As of July 2014 (latest dated source): nine loggerhead DPSs listed (2011) and 38 marine areas designated as critical habitat with no exclusions (2014).
What?
Nine loggerhead distinct population segments were identified under the Endangered Species Act in 2011 (four threatened, five endangered), and 38 marine areas were designated as critical habitat in 2014 with no exclusions. Federal Register (via govinfo.gov)
Where?
Marine areas under US jurisdiction designated in the 2014 rule; the Northwest Atlantic DPS is among the segments listed. Federal Register (via govinfo.gov)
When?
Petitions in 2007; final listing rule 22 September 2011; critical habitat rule 10 July 2014. Federal Register (via govinfo.gov)
Who?
Gained
- Loggerhead turtles in the 38 designated marine areas — Designation as critical habitat with no exclusions (10 July 2014) Federal Register (via govinfo.gov)
Lost
- North Carolina Department of Transportation — Its request to exclude NC 12 from the designation was refused Federal Register (via govinfo.gov)
Harmed
None on recordWhy?
The listing followed petitions filed in 2007, and the critical habitat designation followed the listing. The sources reviewed do not set out the reasons given for the status of each population segment. Federal Register (via govinfo.gov)
How?
Through two final rules published in the Federal Register: 76 FR 58868 (22 September 2011) and 79 FR 39856 (10 July 2014). Federal Register (via govinfo.gov)
6 of 6 questions answered from the record
What happened
The record, in order.
Petitions in 2007 led to a final rule of 22 September 2011 (76 FR 58868), which identified nine distinct population segments (DPSs) of the loggerhead sea turtle: four listed as threatened and five as endangered. The Northwest Atlantic DPS was listed as threatened.
On 10 July 2014 the National Marine Fisheries Service (NMFS) designated 38 marine areas as critical habitat (79 FR 39856), with no exclusions. A request by the North Carolina Department of Transportation (NC DOT) to exclude NC 12 was refused.
The 2014 rule quantified impacts of $950,000 over 10 years, stated as $110,000 a year.
- 2007Petitions to list loggerhead sea turtles under the Endangered Species Act
- 2011Final rule (22 Sep, 76 FR 58868): nine DPSs, four threatened and five endangered; Northwest Atlantic DPS threatened
- 2014NMFS designates 38 marine areas as critical habitat (10 Jul, 79 FR 39856), with no exclusions; NC DOT's request to exclude NC 12 refused
How it looked
What was shown, beside what was recorded.
Shown
Recorded
- Final rule of 22 September 2011 (76 FR 58868): nine DPSs of the loggerhead, four threatened and five endangered; the Northwest Atlantic DPS is threatened.
- Final rule of 10 July 2014 (79 FR 39856): 38 marine areas designated as critical habitat, no exclusions; NC DOT's request to exclude NC 12 refused.
- Quantified impacts of $950,000 over 10 years ($110,000 a year).
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
Quantified impacts of the critical habitat designation (79 FR 39856) estimate$0.95m
Stated as $950,000 over 10 years, or $110,000 a year.
Currency: USD · Window: 10 years. All figures cover the same period. * Estimate built from cited figures.
Responses on record
- North Carolina Department of Transportation (2014): Requested that NC 12 be excluded from the critical habitat designation; NMFS refused the request. · Federal Register (via govinfo.gov)
In court and with insurers
Every proceeding and every insurer decision on record.
Lawsuits and rulings
No court case on record. No court has ruled on this case.
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 population segments listed
9
Four threatened and five endangered; Northwest Atlantic DPS threatened (final rule, 22 September 2011)
Marine areas designated as critical habitat
38
NMFS final rule, 10 July 2014; no exclusions
What we don't know
Undisclosed, unproven, untried: recorded as data.
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
Did the harm stop?
The 2011 listing and the 2014 designation are regulatory actions; the sources reviewed describe no harm event.
Who paid?
The 2014 rule quantified impacts of $950,000 over 10 years ($110,000 a year).
Sources
Voices on record: — Company or project✓ Government and regulators— Courts— Press and investigations— Communities and civil society— Researchers
Government and regulators
- Federal Register final rule of 22 September 2011 (76 FR 58868): listing of loggerhead sea turtle distinct population segmentsFederal Register (via govinfo.gov) · 2011-09-22
- Federal Register final rule of 10 July 2014 (79 FR 39856): loggerhead sea turtle critical habitatFederal Register (via govinfo.gov) · 2014-07-10
Connected cases
Related matters, and cases linked to this one through the same organisations, with the role each played in both.
- California and Oregon drift gillnet fishery: Pacific Loggerhead Conservation Area and the SB 1017 buyout United States · 2000–2018
- National Marine Fisheries Service (Public authority) — here: Designated 38 marine areas as critical habitat on 10 July 2014; there: Issued the 2000 biological opinion and the 2003 final rule
- 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: Designated 38 marine areas as critical habitat on 10 July 2014; 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: Designated 38 marine areas as critical habitat on 10 July 2014; 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: Designated 38 marine areas as critical habitat on 10 July 2014; 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: Designated 38 marine areas as critical habitat on 10 July 2014; 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: Designated 38 marine areas as critical habitat on 10 July 2014; there: Co-funder of the research reconstructing the catches
- 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: Designated 38 marine areas as critical habitat on 10 July 2014; there: Take statement, opinion of 1 June 2004 and rule of 6 July 2004
- 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: Designated 38 marine areas as critical habitat on 10 July 2014; there: Issued the final rule of 20 December 2019