Protect Imperiled Atlantic Sharks

*Environmentalists Petition to Protect Imperiled Atlantic Sharks*

On Thursday, October 17, 1996, the Biodiversity Legal Foundation (BLF) of
Boulder, Colorado filed an extensive formal petition with the National Marine
Fisheries Service (NMFS) requesting a reduction in the annual total allowable
catch for the Atlantic large coastal shark fishery.  The petition for
rulemaking, filed under the Administrative Proceedures Act (APA), requests a
50% quota reduction for the commercial fishery and a reduction from four
sharks to one shark per vessel per day in the recreational fishery, effective
January 1, 1997.

Within the last two decades there has been a large increase in commercial and
recreational shark fishing within U.S. waters.  The increase in U.S.
commercial fishing effort is primarily driven by the demand for shark fin
exports to Asian countries and a growing acceptance of shark meat by U.S.
consumers.  Biologists have estimated that large coastal shark populations
have declined one-half to two-thirds from the mid 1970s to early 1990s.

The BLF contends that populations of one or more western Atlantic large
coastal shark species (the sandbar, dusky, blacktip, or sand tiger) may
become biologicaly threatened in the near future if current levels of
exploitation and habitat degradation are not dramatically reduced.

The development and implementation of an adequate recovery program for these
species has been delayed by NMFS foot-dragging in pursuit of needed
conservation measures.  Priority has been placed on short term fishery
revenues rather than the long term health of large coastal shark populations.
 This priority may be leading several large coastal shark populations in the
western north Atlantic toward eventual collapse and is threatening the long
term economic viability of the fishery.  The Magnuson Fishery Conservation
and Management Act (Magnuson Act) requires that conservation and management
measures be based on the best scientific information available and that such
measures prevent overfishing and initiate rebuilding of depleted species.

"The best existing data suggest that a complete closure of the shark fishery
is probably warrented," said Jasper Carlton, Director of the BLF.  "However,
the petitioned actions are seen as a reasonable first step that is required
to initiate recovery of these long-lived marine predators."

Delayed regulatory responses by NMFS has served only to aggravate the
situation by increasing the need for drastic quota reductions which, in turn,
may translate into financial hardship for commercial shark fishermen who have
invested in the fishery.  An editorial in the September, 1996 issue of
National Fisherman stated, "Fishermen would be better off encouraging
collaborative science and conservation management.  It can't hurt to save
some sharks for tomorrow.  Above all we should not carry on the foolishness
the feds began when they sold free-for-all shark fishing as a bail-out for
struggling fleets."

"NMFS is failing in its mission to recover populations of large coastal
sharks despite a full awareness that population declines of 50 to 75% have
occured in the last two decades," said Greg Joder, the BLF's Marine
Conservation Coordinator.  He added, "Several prominant scientists recently
warned that if the large coastal shark fishery were closed today, it may
still take several decades for these sensitive species to recover."

The requested actions will significantly contribute to the attainment of the
Atlantic shark fishery management plan's rebuilding program and the
requirments of the Magnuson Act by initiating the minimum steps necessary
that are required to prevent overfishing and begin the rebuilding process for
the depleted populations.  The requested actions will also promote continued
research and data collection programs which will greatly assist NMFS in
managing large coastal shark populations in the western north Atlantic.

Under the APA, NMFS must promptly consider the petition and the requested
actions.  NMFS may also publish the petition for rulemaking in the Federal
Register if the Assistant Administrator for Fisheries determines that public
comment will aid in consideration of the petition.

The Biodiversity Legal Foundation is a national, non-profit organization
dedicated to the preservation of all native wild plants and animals,
communities of species, and naturally functioning ecosystems.  The
organization is based in Boulder, Colorado and has been at the leading edge
of efforts to protect imperiled species and their ecosystems in the United
States.


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