WELL-FUNDED ADVOCACY GROUPS IGNORE INDEPENDENT SCIENTIFIC ANALYSES IN LATEST LAWSUIT AGAINST U.S. GOVERNMENT TO TOTALLY STOP COMMERICAL SHARK FISHING                   

January 30, 2002.

On January 28, 2002, the Ocean Conservancy and the National Audubon Society filed yet another lawsuit against the National Marine Fisheries Service regarding Atlantic Ocean and Gulf of Mexico large coastal shark fishing regulations. These two groups have long advocated the total elimination of Atlantic and Gulf commercial shark fishing. 

David Frulla, of Washington, D.C.'s Brand & Frulla, P.C., long-time counsel for the shark fishermen, observed, "It's time to stop burning up resources in litigation that ought to be used to develop better shark science, regulatory outreach, and programs to assist those shark fishermen and fishing communities that have already made tremendous sacrifices in the name of shark rebuilding and obtaining a level scientific playing field."

The Atlantic and Gulf shark fishing fleet is one of the most economically marginal in the country.  The fleet uses small (generally about 45' in length) vessels home-ported in small fishing communities, such as Madeira Beach, Florida, and Wanchese, North Carolina. These commercial shark fishermen have already sacrificed under Government shark fishing reductions of over 80% from early 1990's fishing levels, and the fleet has been reduced by more than one-half.     

These litigation groups are, unfortunately, using a scorched earth plan to stop commercial shark fishing, no matter what the law and objective science say.  This latest lawsuit is the fourth in which these environmental organizations have been involved regarding sharks.

Significantly, though, their new case comes in the wake and face of objective, independent scientific analyses - commissioned by the Federal Government -- showing that the additional fishing reductions these organizations seek through litigation are not based on "scientifically reasonable uses of appropriate fisheries stock assessment techniques and the best available biological and fishery information relating to large coastal sharks."

Robert Spaeth, Executive Director of the Southern Offshore Fishing Association, a leading organization representing shark fishermen, stated in response to the news of the latest court filing, "We're disappointed that these foundation-funded litigation machines keep running to court to try to stop what the law requires - use of the best scientific and economic information available."

More specifically, commercial shark fishermen and the United States Government settled a long standing court case in November 2000 in which the federal court in Tampa, Florida held the Government had repeatedly violated the law in putting draconian commercial shark fishing reductions (including a 50% quota cut) in place in 1997.  As part of the settlement, the parties agreed to an independent scientific review of subsequent scientific data and analyses developed in 1998, that the Government decided to use in 1999 to eliminate commercial shark fishing.  (With the legal violations outstanding, the court in Tampa had refused to let the Government eliminate commercial shark fishing in 1999 based on these 1998 analyses.)  

The Ocean Conservancy and National Audubon Society objected strenuously to independent scientific review of the Government's 1998 scientific data and analyses. And no wonder -- these same environmental groups had paid for and provided these analyses to the Government! 

The independent scientific review was completed in December 2001, with a majority of the reviewers soundly rejecting the scientific analyses that these plaintiff groups had spoon-fed to the Government in 1998 to justify shutting down shark fishing.  Indeed, one of the independent reviewers went beyond the science to "question the objectivity" of the Government's 1998 shark scientific analysis process that the National Audubon Society and the Ocean Conservancy seek to revive through this latest litigation.
    
Roger Koske, Commissioner for Madeira Beach, Florida, stated, "We appreciate the efforts the Federal Government is finally undertaking to better understand economic, social, and scientific matters regarding commercial shark fishing.  My community suffers when well-funded outside organizations go to court to prevent the use of new and better information that helps to provide for both sustainable sharks and sustainable shark fishing communities."
 
For more information, please contact:  Robert Spaeth, (727) 398-2692; David Frulla, (202) 662-9700; or Roger Koske, (727) 391-9018.