Turtle Island Restoration Network Center for Biological Diversity v. National Marine Fisheries Service

The Center for Biological Diversity and the Turtle Island Restoration Network (collectively, the “Center”) appeal the district court’s grant of summary judgment in favor of the National Marine Fisheries Service (“Fisheries Service”). This case presents the question of whether the issuance of fishing permits by the Fisheries Service pursuant to the High Seas Fishing Compliance Act (“Compliance Act”), 16 U.S.C. § 5501-5509 , invokes the consultation requirements of the Endangered Species Act (“ESA”). The Center brought this action pursuant to the citizen suit provision of the ESA alleging that the Fisheries Service was violating the consultation and take provisions of the ESA through the issuance of fishing permits to longline fishing vessels in California. The Center asserts that longline fishing results in harm to several endangered and protected species including several varieties of sea turtles and sea birds that become entangled in the longlines. The district court found that the issuance of permits under the Compliance Act does not invoke the consultation requirements of the ESA because the Fisheries Service did not have Sufficient discretion to condition permits for…