May 9, 2009
Dear Charter Operators and Guided Recreational
Fishermen,
Your support is needed to bring a lawsuit to stop the new one halibut a day rule
that is set to take effect in Area 2C on June 5. Last year charter operators from Areas 2C and 3A successfully filed
a lawsuit that stopped the one fish rule from taking affect last year. Now the National Marine Fisheries Service is
trying again. With your support we have the opportunity to try and stop this new rule.
The
Charter Halibut Task Force is working with the same attorneys at Sher & Blackwell LLP who we had file last year's
successful lawsuit. Sher & Blackwell has committed to cap the cost of this year's litigation at $60,000, and
as legal counsel to the Charter Halibut Task Force (CHTF) I will be devoting my time to assisting Sher & Blackwell once
again on the research and arguments that go into the briefs we will file with the court. We need your contributions to pay
for the lawsuit and to continue CHTF's efforts.
There is no sure thing in litigation,
and everyone needs to understand that the courts give great deference to the government in any court challenge. However,
like last year, we have strong substantive and procedural arguments we can raise, and after careful review and discussion
of the final rule the attorneys at Sher & Blackwell and I agree that there is a reasonable chance we could prevail and
that it is worth pursuing the case. The fact that we have a good chance does not guarantee success, but we believe it
is the best course of action to pursue.
For those of you wondering what are the pros and cons,
let me list them briefly.
The reasons for filing the suit are:
1)
it is the only opportunity to stop the one fish rule;
2) it demonstrates that the charter sector
and guided anglers are serious about pursuing a fair and equitable allocation;
3) if we prevail
it means that any future discussion of what constitutes a fair allocation needs to start from a status quo of two fish a day
rather than one;
4) it is the best chance we have to get an unbiased review of whether an 87/13
split of the resource in favor of the commercial sector is fair; and
5) if we don't file
a suit the commercial sector will have won and will have successfully set the precedent that one fish is enough for guided
anglers.
The only downside is if we lose it arguably sets the precedent that the GHL was a
fair and equitable allocation, but since that is the position that NMFS and the Council already have taken, we really don't
lose anything.
Charter operators and guided anglers in Area 3A need to understand that the
rule NMFS has issued for Area 2C also directly affects them. It does so because in this rule NMFS has changed the status
of the GHL (Guideline Harvest Level) from a simple benchmark to a "preseason estimate of the allowable harvest"
for the guided sector. This means that they now are saying that the GHL is the cap to which guided anglers will be managed,
and that they can take action IN ADVANCE to make sure guided anglers don't exceed this new "allowable harvest level".
Area 3A has been over their GHL every year since 2004. With the change in law that is being done for both areas
as part of the Area 2C rule, the success of the 2C rule will set the rule for Area 3A as well.
Please take action to support the lawsuit by sending an email to Richard Yamada (Richard@alaskareel.com) to let us know of your pledge to support the lawsuit and sending a check as soon as you can, made payable to SHER &
BLACKWELL LLP. Checks should be sent to
John Butler
Sher & Blackwell LLP
1850 M Street NW
Suite 900
Washington,
DC 20036
Please note in the memo line of the check "HALIBUT LITIGATION".
The checks will be deposited by the law firm in an escrow account, and the money will only be spent to cover their costs
on the litigation.
You can also send checks to support CHTF, which pays for my participation
in the lawsuit, to
Charter Halibut Task Force
500 Lincoln Street, Unit B9
Sitka,
Alaska 99835
Thank you.
Earl Comstock
Counsel for the Charter Halibut Task Force
202-255-0273
