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BLUE WATER FISHERMEN'S v. NAT'L MARINE FISHERIES

No. 00-12313-NG.

226 F.Supp.2d 330 (2002)

BLUE WATER FISHERMEN'S ASSOCIATION, et al., Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE and Donald L. Evans, Secretary of Commerce, Defendants, and Turtle Island Restoration Network, et al., Defendant-Intervenors

United States District Court, D. Massachusetts.

September 30, 2002.

Attorney(s) appearing for the Case

Thomas J. Muzyka, Boston, MA, for Plaintiffs.

Samuel D. Rauch, III, U.S. Department of Justice, Environment & National Resources Div., Washington, DC, Anton P. Giedt, U.S. Attorney's Office, Boston, MA, for Defendants.

Bruce E. Falby, Hill & Barlow, Boston, MA, Stephen E. Roady, Monica B. Goldberg, Washington, DC, Sylvia F. Liu, Washington, DC, for Turtle Island Restoration Network, Center for Biological Diversity.

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...

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