November 6, 2009 - In a 40-page legal challenge submitted before the U.S. District Court of New Jersey, the Recreational Fishing Alliance (RFA) and industry allies have officially brought legal action against the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NMFS), and U.S. Secretary of Commerce Gary Locke due to the recent recreational closure of the Atlantic recreational black sea bass fishery. The challenge contends that the recent closure is not only unprecedented for a fish whose stocks are considered rebuilt and not overfished, but that the action is also based upon “misapplication and misuse of a fatally flawed angler survey which NMFS itself has acknowledged is not to be used for this type of decision.”

Filed for a dozen specifically named plaintiffs, the official complaint for declaratory and injunctive relief requested expedited consideration in hopes of reversing the six-month sea bass closure as quickly as possible on behalf all saltwater anglers and fishery dependent businesses. According to Capt. Tony Bogan, plaintiff of the United Boatmen, the recent closure of sea bass is only a part of legal equation. “This goes way behind sea bass,” Bogan said of the legal argument, adding “it addresses the potential action by NMFS in the future to arbitrarily close fisheries on a whim or because of survey trends or ideology.”

By closing a recreational fishery based on the fatally flawed recreational survey (MRFSS), the suit contends that the government violated numerous provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the Regulatory Flexibility Act, the Administrative Procedure Act, and National Standard guidelines issued by NMFS. Additionally, it charges the defendants with ignoring countervailing information and for failure to consider less severe alternatives. “As a result of defendants’ actions, and failure to comply with the law, the Plaintiffs have suffered, and will continue to suffer, immediate, substantial and irreparable harm, for which there is no adequate remedy at law, and for which they seek expedited relief.”

Herb Moore, Jr., RFA co-counsel said the disregard for the spirit and intent of the Magnuson Stevens Act is one thing, but the clear disregard for the legal requirements of the federal fisheries law is something that leads him to be cautiously optimistic. “These cases are very hard to win, but I think we’ve got some very strong arguments,” Moore said, adding “NMFS was extremely arrogant with their sea bass decision and we’re calling them out on this one.” Moore charges that NMFS was very deliberate in their actions, explaining “they purposely chose an insular approach designed to block public scrutiny by claiming that they had good cause to waive prior notice and the opportunity for public comment.”

To view full legal challenge submitted on behalf of the recreational fishing community, visit the Recreational Fishing Alliance (RFA) homepage at www.joinrfa.org (see RFA Legal Defense Fund - The Fight For Angler's Rights.) Anglers and business owners interested in joining the coalition and supporting the legal challenge are encouraged to look for the Donate button on the RFA homepage. Donations may also be mailed to:

RFA Legal Defense Fund
PO Box 3080
New Gretna, NJ 08224

A national, grassroots political action organization representing recreational fishermen and the recreational fishing industry on marine fisheries issues, the RFA is dedicating all checks made payable to the RFA Legal Defense Fund directly towards these legal efforts outlined above. All donations will be tracked individually, from all groups and individual anglers.

As of the court filing date, $18,855 in donations have been collected towards the initial challenge, though the plaintiffs expect that the real fight is now set to begin.

“This is the beginning of the battle, not the ending by any means,” said Moore.

October 9, 2009 - In the midst of the most severe economic crisis since the Great Depression, our federal government has chosen to shut down the recreational fishery for black sea bass for the next six months (effective Monday, October 5, 2009) based on survey data that’s been described as “fatally flawed” by the National Academy of Sciences (read “Fatally Flawed" Science is Killing America's Number One Outdoor Pastime special report at www.joinrfa.org.)

The Recreational Fishing Alliance (RFA) and our local industry allies from New York to the Carolinas are fighting back against this unprecedented and unwarranted shutdown of the black sea bass fishery by the National Marine Fisheries Service (NMFS). RFA members throughout the Northeast and Mid-Atlantic believe this is a battle that must be fought, regardless of the outcome and have demanded that we take action. What is at stake is nothing less than our very future as recreational fishermen, and the future of our recreational fishing industry.

During the first days of the closure, a grassroots effort within the recreational fishing community resulted in successful pledge drive of support for legal action. At the same time, a team of qualified fisheries attorneys and industry professionals was reviewing NMFS’ federal ruling and poring through pages of legal documentation to develop a proper legal strategy. Tackle shop owners and party/charter captains up and down the East Coast, along with scores of individual anglers and RFA members who’ve had enough of these arbitrary federal decisions, have been making donations to the RFA Legal Defense Fund, established specifically for issues like this.

Our legal team is currently working on our plan of attack; now it’s time that we ask individual anglers to come together and support this effort!

According to the scientists' own data, black sea bass is a healthy stock - they are not overfished, no overfishing is occurring, and the most recent stock assessment places the spawning stock biomass (SSB) at 103% of their target. In fact, the SSB has been at or above this level for the past decade. Yet, despite this scientific information, the recreational angling community is being denied access to this vitally important fishery due to “fatally flawed” information coming from the Marine Recreational Fishing Statistical Survey, or MRFSS.

What’s worse is that there seems to be no end in sight to the MRFSS assault. Today it’s the complete shutdown of a healthy sea bass fishery. Next, we can expect an impact on the summer flounder limits for 2010, and scup soon after that. Could striped bass be next? How about tog? If “fatally flawed” data has not impacted your favorite fishery, rest assured it will happen soon enough if we don’t take a stand today. Where does it end if we allow the federal government to continue to use a broken system to deny recreational anglers access to healthy fisheries?

The RFA has assembled an experienced legal team to take on the case to overturn the federal shutdown of the recreational black sea bass fishery. The attorneys involved are fishermen themselves who have fought these battles before so they know this specialized area of the law and there’s no learning curve to be climbed. They’ve already begun working on the case and have formulated a preliminary strategy to challenge this closure under existing federal law.

Litigation is inherently uncertain, and there’s no way to guarantee a successful outcome. However, you can guarantee that if NMFS gets away with this closure, there will be more recreational closures to come. In the coming days, we will be drafting an official complaint which demands that the improper closure of sea bass be set aside.

Now it’s time we unite and show the federal government that recreational anglers will not tolerate arbitrary and capricious regulatory actions that inhibit our ability to utilize a healthy resource, thus violating the very laws set forth by the Magnuson Stevens Act.

If you’re a member of the recreational fishing industry who has already committed to the fight with a pledge, you can support this effort by sending a check today made payable to the “RFA Legal Defense Fund” as follows:

RFA Legal Defense Fund
PO Box 3080
New Gretna, NJ 08224

Please be sure to write "Sea Bass" in the memo of the check and make a notation on the outside of the envelope to the same effect. Your timely response is to the benefit of us all. The Recreational Fishing Alliance will be dedicating all checks made payable to the RFA Legal Defense Fund directly towards these legal efforts outlined above. All donations will be tracked individually, from all groups and individual anglers.

The RFA has also set up a special online account through PayPal in which individual anglers can also make a donation. Many of the tackle shops and captains who rely on your valued service have pledged up to $500 apiece towards the fight. As an individual angler trying to make an honest stand in a tough economy, whatever donation you can offer towards the RFA Legal Defense Fund will be much appreciated. Visit www.joinrfa.org and look for the DONATE button on the homepage to support the RFA Legal Defense Fund.