"NMFS was extremely arrogant with their sea bass decision, and we're calling them out on this one," said Herb Moore Jr., an attorney for the New Jersey-based recreational fishing alliance.

NOAA ordered the shutdown of the fishery, only months after the federal government had tightened restrictions on recreational fluke fishing, saying that black sea bass, a thick-bodied bottom dweller found abundantly this time of year in Long Island bays -- is being overfished. They based this decision on a report from the Marine Recreational Fishing Statistical Survey that said the fishing quota of the black sea bass was being exceeded by 225 percent.

But fishing alliance members, among others, say the decision was based on flawed science.

"The recent closure is not only unprecedented for a fish whose stocks are considered rebuilt and not overfished, but that the action is also based upon misuse of a fatally flawed angler survey which fisheries service itself has acknowledged is not to be used for this type of decision," said a recent statement from the fishing alliance.

The fishing alliance contends in its lawsuit that, by closing a recreational fishery based on the "fatally-flawed" recreational survey, the federal government violated several provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the Regulatory Flexibility Act, the Administrative Procedure Act, and other guidelines issued by the fisheries service.

"[The National Oceanic and Atmospheric Administration] purposely chose an insular approach designed to block public scrutiny by claiming that they had good cause to waive prior notice and the opportunity for public comment," said Mr. Moore in the statement. "These cases are very hard to win, but I think we've got some very strong arguments."

eschultz@timesreview.co

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