The Lawsuit Has Been Filed!!

[CaptTB]

The Lawsuit Has Been Filed!
November 6, 2009 - The official complaint for declaratory and injunctive relief with “expedited consideration” has been filed in U.S. District Court on behalf of the Northeast and Mid-Atlantic recreational community. Filed against the Secretary of the United States Department of Commerce, NOAA and NMFS on behalf of the sea bass closure, United Boatmen, the RFA and its allies need your help!

CLICK HERE to view the full legal challenge

For more details and to find out how YOU can help support our efforts in this matter, go to: UnitedBoatmen.com and JoinRFA.org

[dales529]

Great news, very thorough! Thanks RFA and all who must have worked very hard to get this accomplished. Keep up the support guys, it obvious the RFA is continuing to get things going in the right direction. More than I have seen from "other" groups.

[Gerry Zagorski]

Great Tony - I guess this will give us our chance to be heard and considered in this and future closures.

Good luck and please keep us posted.

[CaptTB]

Originally Posted by Gerry Zagorski

Good luck and please keep us posted.

Trust me, this is just the first shot of a full broadside United Boatmen, RFA and even the SSFFF are firing.

Stay tuned for more press releases to be coming your way over the next 48 hours on this and other topics.

Now more than ever we NEED THE SUPPORT OF EVERYONE to get things done.
Not just your donation, although they are obviously vital, not just your memberships, although that is certainly vital, but your VERBAL and VOCAL support. We need other organizations to stop working alone and at least VERBALLY support each others efforts. We need to support each other as we each work from our own areas of expertise.

RFA and United Boatmen, and SSFFF have put our efforts on all fronts right out there for everyone to see and support.

Now we need that support more than ever.

[Gerry Zagorski]

Tony - Just to let you know, I called the NJ12News the other day and left a message to see if they would be interested in doing a story about how the fishing regulations are effecting NJ recreational anglers and the small businesses community that serves them... I have not heard anything back yet, but I would think this would make a very interesting piece.

[Leif]

Originally Posted by CaptTB

The Lawsuit Has Been Filed!
November 6, 2009 - The official complaint for declaratory and injunctive relief with “expedited consideration” has been filed in U.S. District Court on behalf of the Northeast and Mid-Atlantic recreational community. Filed against the Secretary of the United States Department of Commerce, NOAA and NMFS on behalf of the sea bass closure, United Boatmen, the RFA and its allies need your help!

CLICK HERE to view the full legal challenge

For more details and to find out how YOU can help support our efforts in this matter, go to: UnitedBoatmen.com and JoinRFA.org

Recreational Fishing Alliance
Contact: Jim Hutchinson, Jr. / 888-564-6732 For Immediate Release
November 6, 2009


RFA & ALLIES OFFICIALLY FILE SUIT ON SEA BASS
Charges NMFS With "Failure to Comply With The Law"


November 6, 2009 - In a 40-page legal challenge submitted before the U.S. District Court of New Jersey on November 4, 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.



About Recreational Fishing Alliance
The Recreational Fishing Alliance is a national, grassroots political action organization representing recreational fishermen and the recreational fishing industry on marine fisheries issues. The RFA Mission is to safeguard the rights of saltwater anglers, protect marine, boat and tackle industry jobs, and ensure the long-term sustainability of our Nation's saltwater fisheries. For more information, call 888-JOIN-RFA or visit www.joinrfa.org.