Written comments must be received by September 27, 1999 and should be address to Rebecca Lent, Chief, Highly Migratory Species Management Division (F/SF1) 1315 East-West Highway Silver Springs MD 20910-3282.

For more information call Pat Scida at 978-281-9260

New Jersey has taken a leadership role with support from some groups in New York. I find it disturbing that other national and state groups have been silent on this plan. It is difficult to meet with federal regulators and have them tell me that they are only hearing from New Jersey. This plan impacts on the entire East Coast and the Gulf of Mexico. More importantly, this plan reconfirms that NMFS is totally out of control. The entire recreational community from across the United States needs to get on board. Even if you don't fish for yellowfin tuna or mako shark, the fish you want to catch could be next. I can only hope other groups have not joined us because they simply haven't had the time to read the 5 inch thick document and understand all the nuances of the plan. Truthfully, I doubt the people who wrote it have actually read the whole thing. I'm sure they don't understand it because the representatives from NMFS at the highest levels that I have spoken to are unable to answer my simple questions.

On Friday I was notified that Governor Whitman has decided not to file suit for New Jersey at this time. Her staff continues to attempt to work with Department of Commerce to modify these regulations. They have not received support from other states in trying to overturn these regulations. Governor Whitman needs to hear from everyone in New Jersey and, hopefully, she will take the necessary steps to join us in this lawsuit. The NJ Assembly and Senate are working on resolutions supporting the lawsuit. Eight members of New Jersey's Congressional Delegation have already sent Governor Whitman a letter urging her to sue NMFS. In the past, suits against NMFS by states have always been to protect commercial interests. It is surely time for all of our governors to take action to protect the recreational community and the businesses and industries that depend on a healthy recreational fishery. If you live or work in a state other than New Jersey, contact your governor as well. In this instance, more is decidedly better.

Since this coalition was able to act in a timely manner, other groups, organizations and states have the opportunity to sign on as an intervener. In addition, each of us has the opportunity to contribute to the legal defense fund and I am urging each of you to do so, both as an individual and as an organization. This is going to be expensive. NMFS has dug in its heels and federal lawsuits are time consuming and expensive. The Recreational Fishing Alliance has set up a separate fund for this lawsuit. You can mail your contribution to the Recreational Fishing Alliance, P.O. Box 308, New Gretna, NJ 08224. Call 609-294-3315 to find out how to become an intervener or make a contribution.

Although it appears that Governor Whitman has missed the deadline to sue, she continues to have an opportunity to join the existing lawsuit filed by the following organizations: the National Fishing Association and its executive director, Phil Kozak; the Recreational Fishing Alliance; Jersey Coast Anglers Association; the United Boatmen of New Jersey and New York; Captain Gordon Roman, owner of the Captree Queen of Long Island; Hoffman's Marina, Brielle; Captain Paul Forsberg, Viking Fishing Fleet; the Confederation of the Association of Atlantic Charter Boats and Captains; and the Reel Seat, Brielle. This suit was filed to prevent NMFS from implementing the regulations on shark and yellowfin tuna that that toke effect on July 1, 1999.

JCAA and its member clubs have worked hard to gain the support of Governor Whitman and are delighted with her decision. The official announcement was made at a Congressional Hearing on Highly Migratory Species conducted by Congressman Saxton. JCAA was instrumental in convincing Governor Whitman to take this action. JCAA was the only group asking Governor Whitman to file a suit on behalf of the State of New Jersey. When she did not take that action, we continued to ask for her support. Many groups and individuals were convinced that there was no chance to gain her support. Although governors of many states have joined in lawsuits against NMFS in the past, their support has always been for the commercial's interests. This is the first time I can recall that a governor has joined a lawsuit with the recreational sector. There is still time for the governors of others states to file a similar amicus brief and you should encourage your governor to do so. JCAA is grateful to everyone who worked hard to get Governor Whitman's support. This is a clear indication that the work of individual anglers can make a difference. No matter what groups or clubs you belong to, you have the opportunity to make your voice heard. Clearly, Governor Whitman was listening. A special thanks goes to our outdoor writers who publicized JCAA's efforts and made the public aware. For further information about the lawsuit and the NMFS regulations, check out the JCAA website at <http://www.jcaa.org>

George’s Stalder, Chairman of the Board of the United Fishing Association, delivered a substantial donation on behalf of the United Fishing Association Conservation Foundation to Philip Kozak of the National Fishing Association in support of this action against the National Marine Fisheries Service.

"Having reviewed all of the facts, we have no choice but to assist in this lawsuit and any other action that would set a precedent for future reductions upon the recreational angling community by NMFS or any other agency," says Gregg Weatherby, Executive Vice President, United Fishing Association Conservation Foundation. " The UFA^CF would also like to commend all of those involved, including The Honorable Christine Todd Whitman, Governor, State of New Jersey, for their work in furthering fisheries conservation and the recreational angling community."

The UFA, a national fisheries steward, continues its commitment to fisheries preservation and urges all other interested parties and recreational anglers to follow suit and give support to this important lawsuit. The recreational community, represented by a coalition of sportfishing groups, associated businesses and anglers are seeking a declaration that the recreational Yellowfin Tuna retention limit (3 per day) is unlawful and invalid, and that it be set aside. The Secretary of Commerce and the Assistant for Fisheries, NOAA are the defendants in this case.

The need for a lawsuit further demonstrates the National Marine Fisheries Service’s inability to operate effectively under its original charter. The NMFS modified Highly Migratory Species Federal Management Plan for Atlantic Sharks, Tunas and Swordfish is ill conceived and prejudicial. The most obvious anti-sportfishing rule adopted pertains to the three yellowfin tuna per angler daily bag limit as outlined in the lawsuit. The implementation of these regulations will not have any conservation effect on the survival of these valuable resources, as recreational anglers fall short of landing an average of three yellowfin tuna per day as it is. These new regulations, will however, have immediate and far-reaching effects on the citizens of all coastal states and their economies. Recreational fishing supports many more businesses than just charter and party boat fleets, tackle shops and marinas. The fact is, the recreational fishing community is a vital component of the economy. When regulations such as these stop people from fishing, the negative effects extend throughout all coastal regions and across the nation.

NMFS has displayed in this matter a total disregard for the recreational fishing community, the economy of all coastal interests and for the health of these already over exploited pelagic species. The new regulations are not based on any current conservation mandate and do not address certain guidelines of the Magnuson-Stevens Sustainable Fisheries Act that require both economic and environmental impact statements are initiated before any new regulations are implemented.

The recreational angler is not the problem and NMFS knows this. In July, the House of Representatives, Committee on Resources, Subcommittee on fisheries Conservation, Wildlife and Oceans met and heard testimony regarding this issue. Mike Nussman, Vice President of the American Sportfishing Association gave testimony stating in part that, "recreational anglers caught approximately two percent of the total U.S. harvest in 1997. Currently, the U.S. harvests only six percent, or around 8,000 metric tons, of the Atlantic Yellowfin catch." NMFS has also chosen to forget that these fish are in fact a national resource, which should be available on an equal basis to all citizens and not a select group.