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Old 07-06-2009, 11:47 AM
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Default Re: Federal Judge Denies Dismissal of New York Fishermen's Claims Against Regulators

The coalition consists of the United Boatmen of New York (UBNY), the New York Fishing Tackle Trade Association (NYFTTA) and the Fishermen’s Conservation Association (FCA). They filed their federal action last July, challenging the “state-by-state” management system currently in place for the recreational summer flounder (or “fluke”) fishery, and asserting that regulatory agencies failed to use the “best scientific information available” in determining state-by-state allocations. These violations by the agencies led to inequitable distribution of the fluke resource among anglers of different states, and are also a factor in failing to properly conserve the fluke stocks as mandated by federal law.
The suit was originally filed by New York State officials in June of 2008. The recreational coalition intervened in the suit in order to join ASMFC as a defendant, due to concerns that the challenged regulations (technically referred to as “conservation equivalency”), could still be implemented in state waters even if New York State ultimately prevailed in its initiating action against National Marine Fisheries Service (NMFS).
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