A recent regulation issued by the Secretary of Commerce threatens to prohibit almost all forms of fishing, both recreational and commercial, in two areas of U.S. waters for the protection of gag grouper. This move could set a precedent for further no-fishing zones marking one of the greatest threats to the future of recreational fishing access, according to the Coastal Conservation Association.

In response to this threat, CCA has filed suit in federal district court in Tampa FL against the National Marine Fisheries Service to protect the rights of recreational fishermen.

"The Secretary’s regulation has a fundamental flaw," said Fred Miller, Chairman of CCA’s government relations committee. "It arbitrarily denies access for recreational fishing that is not detrimental to gag grouper stocks."

Congressional policy allows for ocean area closures where it can be shown necessary to conserve troubled fish stocks. The Secretary’s proposed no-fishing zones curtail bottom fishing for gag grouper as well as preventing fishing for other unrelated and healthy fish stocks that occupy mid and upper levels of the ocean’s water column.

"A closure of gag grouper spawning areas to bottom fishing is easily defended," said Jay Johnson, counsel for CCA. " But, a complete closure of the area for recreational anglers trolling for mackerel, wahoo, or other pelagic species 200 feet above these areas is misguided. A reef fish management measure should not be used to close all forms of fishing."

"This is the result of a bait and switch tactic," said Ted Forsgren, executive director of CCA Florida. "Throughout all the public hearings, the proposal was presented as a closure to fishing for reef fish in a spawning aggregation area. We supported that closure from the beginning. Then, at the final action stage, it was switched to a total closure to all fishing."

CCA opposes regulations that prohibit recreational fishing access unless it can be scientifically determined that recreational fishermen are the cause of a specific conservation problem and traditional conservation measures are inadequate.