Lawsuit Challenges Relaxed Limits on Turtle Takes by Swordfish Fleet

Posted 11/02/2012 

Two conservation groups are suing the National Marine Fisheries Service, challenging its new rule expanding the number of loggerhead and leatherback sea turtles that may be taken by the Hawai`i swordfish fishery.

The complaint seeks both injunctive relief and declaratory relief. In addition to blocking the rule (set to take effect November 5), the lawsuit asks the court to find that it violates the Migratory Bird Treaty Act, the National Environmental Policy Act, the Administrative Procedure Act, and the Endangered Species Act. Named as defendants are the Department of Interior and its secretary, the Department of Commerce and its acting secretary, and the National Marine Fisheries Service.

The Center for Biological Diversity and Turtle Island Restoration Network, both represented by Earthjustice, filed the lawsuit in federal district court in Honolulu.

The new limits replace the previous limits arrived at in settlement to litigation last year. Now, instead of being restricted to interacting with 17 loggerheads and 16 leatherbacks a year, the swordfish vessels will be allowed to interact with 34 loggerheads and 26 leatherbacks before being closed down for the remainder of the calendar year.

“The ocean’s largest sea turtles will soon be extinct unless they’re protected from drowning in fishing gear,” said Miyoko Sakashita, oceans director for the CBD, in a news release. “It’s tragic that these large commercial fisheries are killing animals by the thousands for the sake of a few profitable swordfish.”

“The Fisheries Service has, yet again, abdicated its conservation duties and bowed to the longliners’ insatiable appetite for more endangered wildlife,” said Paul Achitoff, Earthjustice attorney, in the same release.

For more on the background to the lawsuit and on the new rule, read the cover article in the November 2012 edition of Environment Hawai’i.

The complaint also challenges a permit issued by the Fish and Wildlife Service allowing the fishery to take up to 191 black-footed albatross and up to 430 Laysan albatross over the next three years. The service did not require the fishery to adopt mitigation methods that it has said could reduce the harm to these birds.

To read the lawsuit, click here: complaint.