Facts

Environmental advocacy groups sued the federal government challenging a biological opinion issued under the Endangered Species Act, and regulations issued under the Magnuson-Stevens Act implementing an amendment to a federal fishery management plan. The challenged federal actions authorized a gradual increase in shallow-set (swordfish target) fishing and an associated increase in the "take" of loggerhead sea turtles from 17 to 46 annually.

The claims asserted that actions taken by the federal government regarding the Hawaii-based shallow-set fishery were arbitrary, capricious, an abuse of discretion or otherwise contrary to applicable law. The Hawaii Longline Association, which is a trade association that represents the Hawaii-based shallow-set longline fishery, intervened.

Result

The Federal defendants and the plaintiffs entered into an agreement pursuant to which they proposed entry of a "Stipulated Injunction," which capped the number of loggerhead turtles at the previous status quo since 2004, before the agency raised the number effective January 1, 2010. Defendant-Intervenor was not a party to that agreement and objected to the proposed "Stipulated Injunction." The court granted the motion of the Federal defendants and entered the proposed "Stipulated Injunction." The agency will continue weighing whether loggerhead turtles need more protection under the Endangered Species Act.

Other Information

REFERRING JUDGE: Hon. Kevin S.C. Chang. FILING DATE: Dec. 16, 2009.