Contact: Gordon Helm               FOR IMMEDIATE RELEASE
                                   2/25/98

In a victory for natural resource conservation, Judge Steven D. Merryday of the U.S. District Court for the Middle District of Florida ruled today that strong management measures are justified to stabilize Atlantic shark populations, officials with the Commerce Department's National Marine Fisheries Service announced today. The ruling, which is in response to a suit brought against the agency for reducing shark quotas because of overfishing, confirms that the fisheries service's science is sound.

In his ruling, Judge Merryday ordered that shark quota reductions remain in place pending further analysis of economic impacts on fishermen, to be completed on or before May 1, 1998. The judge, noting the delicate status of Atlantic sharks, stated that "the public interest requires maintenance" of the 1997 Atlantic shark quotas.

As in other cases challenging fisheries service management actions, Judge Merryday reiterated that strenuous disagreement and scientific uncertainty do not preclude the agency from taking a risk averse action to protect the fish.

"An agency charged with conserving and rebuilding morbidly fished stocks must wait for neither perfect science nor unanimous consent," said Judge Merryday. "Based on information available to him, the Secretary [of Commerce] proceeded cautiously in setting interim quotas."

"This is a victory for sharks and fisheries service management alike," said Terry Garcia, assistant secretary of commerce for oceans and atmosphere and deputy NOAA administrator. "We are pleased that the court upheld the scientific basis for our actions and that the quotas will remain in place."

The fisheries service reduced the large coastal shark quota by 50 percent in April, 1997, based on a stock assessment that showed significant population declines and the prospect of further declines without immediate reductions in fishing. Shark fishermen, dealers, and commercial organizations sued the fisheries service based on their allegations of uncertainty in the data used in the assessment and a lack of international management, and the fisheries service's assertion that there would be no significant economic impact.

Judge Merryday agreed with the agency that shark fishing quota regulations were based on the best scientific data available and appeared reasonable given the Congressional mandate to rebuild overfished stocks.

"Ultimately, to rebuild Atlantic sharks to sustainable levels, we've more work to do, and maybe some more hard choices to make," said Dr. Rebecca Lent, chief of the fisheries service's highly migratory species management division. "We will continue to work with fishermen and other interested groups as we develop a rebuilding program that we can all live with, including the sharks."

Sharks are among the top, or apex, predators in the marine food chain, and play an important role in the ocean's ecosystem. Unlike other fish species, most sharks do not reach sexual maturity until 7-12 years of age and then only give birth to a small litter of young. These attributes make sharks more vulnerable to overfishing than most fish. Once overfished, sharks cannot rebuild their populations quickly.