Legal Opinion

Blue Water Fishermen's Ass'n v. National Marine Fisheries Service

District Court, D. Massachusetts

Decided September 30, 2002No. 00-12313-NGPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER RE: SUMMARY JUDGMENT

GERTNER, District Judge.

Pelagic longline fishermen target highly migratory species (“HMS”), primarily swordfish, tuna, and shark, from vessels on the open seas. Their modus operandi is to trail “longlines” — miles long, in fact— behind their vessels, from which floaters and hooks are suspended on “branch lines” into depths earmarked for HMS. At present, some 140 licensed pelagic longline vessels cruise the North Atlantic under the U.S. flag.

It is not uncommon, in the course of a longlining venture, for untargeted species to get caught up in the line…

2Cases cited18 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Bennett v. SpearSupreme Court of the United States · 1997
  4. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  5. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989

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3Cited by6 opinions

  1. Oceana, Inc. v. EvansDistrict Court, District of Columbia · 2005
  2. The Ocean Conservancy v. GutierrezDistrict Court, District of Columbia · 2005
  3. Center for Biological Diversity v. BrysonDistrict Court, District of Columbia · 2013
  4. Massachusetts v. PritzkerDistrict Court, D. Massachusetts · 2014
  5. Center for Biological Diversity v. National Marine Fisheries ServiceDistrict Court, D. Puerto Rico · 2013

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