Sea bassers wanted action against the feds. Well . . . they're getting it.

The Recreational Fishing Alliance has taken extraordinary steps to help puzzled sea bass anglers who recently had the rug pulled from underneath them by NOAA Fisheries - which recently closed the fishery in federal waters from the Outer Banks to Maine.

The RFA is filed a suit against NOAA and it looks like, from reading the press release and talking to experts, that the RFA has a pretty strong case.

We're all going to be waiting with (I can't help myself on this one) baited breath to see what happens.

I'll be interviewing RFA officials on Monday and will have a story in Tuesday or Wednesday's paper and online.

For now, here's the press release on the suit:

In a 40-page legal challenge submitted before the U.S. District Court of New Jersey, the Recreational Fishing Alliance (RFA) and industry allies have officially brought legal action against the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NMFS), and U.S. Secretary of Commerce Gary Locke due to the recent recreational closure of the Atlantic recreational black sea bass fishery. The challenge contends that 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 “misapplication and misuse of a fatally flawed angler survey which NMFS itself has acknowledged is not to be used for this type of decision.”

Filed for a dozen specifically named plaintiffs, the official complaint for declaratory and injunctive relief requested expedited consideration in hopes of reversing the six-month sea bass closure as quickly as possible on behalf all saltwater anglers and fishery dependent businesses. According to Capt. Tony Bogan, plaintiff of the United Boatmen, the recent closure of sea bass is only a part of legal equation. “This goes way behind sea bass,” Bogan said of the legal argument, adding “it addresses the potential action by NMFS in the future to arbitrarily close fisheries on a whim or because of survey trends or ideology.’

By closing a recreational fishery based on the fatally flawed recreational survey (MRFSS), the suit contends that the government violated numerous provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the Regulatory Flexibility Act, the Administrative Procedure Act, and National Standard guidelines issued by NMFS. Additionally, it charges the defendants with ignoring countervailing information and for failure to consider less severe alternatives. “As a result of defendants’ actions, and failure to comply with the law, the Plaintiffs have suffered, and will continue to suffer, immediate, substantial and irreparable harm, for which there is no adequate remedy at law, and for which they seek expedited relief.”

Herb Moore, Jr., RFA co-counsel said the disregard for the spirit and intent of the Magnuson Stevens Act is one thing, but the clear disregard for the legal requirements of the federal fisheries law is something that leads him to be cautiously optimistic. “These cases are very hard to win, but I think we’ve got some very strong arguments,” Moore said, adding “NMFS was extremely arrogant with their sea bass decision and we’re calling them out on this one.” Moore charges that NMFS was very deliberate in their actions, explaining “they 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.”

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Surf fishing at its finest.

The best surf fishing teams on the East Coast got into the breakers on Hatteras Island this morning to start the 52nd annual Cape Hatteras Angler's Club Invitational Surf Fishing Tournament.

With 120 teams, this is the premier surf fishing tournament in the United States, and arguably the world.

Action continues around Buxton through Friday afternoon. The individual angler Bob Bernard Individual Surf Fishing Tournament is Saturday.

Anglers compete for points based on catches of various species that meet minumum points requirements. Fish bigger than the mininums earn extra points.

Surf fishing on the island has been good in recent weeks, so teams could put up some pretty impressive numbers.

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Seeing spots? You're OK. It's just from all the speckled trout.

While there are plenty of species to be talking about this time of year, most conversations have something to do with speckled trout. Largely because it already is shaping up to be another outstanding fall for one of the area’s most popular inshore species.

Speckled trout are being caught at a variety of locations – around Poquoson and the Back River; along Eastern Shore Bay-side and Ocean-side creeks; in Lynnhaven, Rudee and Little Creek inlets; at many areas along the Elizabeth River, with the Hot Ditch vicinity being the most popular; and along some deep sloughs along the Oceanfront.

Whew!

Where you go and how you fish is up to you. But where ever that is, and whatever you use, the chances are good that you will hook up with a few of these toothy critters with all the spots on them.

And to think that things are just really starting to heat up. Waters currently are still a little warm for the vast migration that soon will come, bringing more and more big trout into area waters.

When things get really cold, most of the fish will be found in the Elizabeth River.

But for now and for the coming weeks, you stand a good chance of seeing some good speckled trout action just about anywhere.

Just so you know, the minimum keeper size in Virginia is 14 inches and the daily bag limit is 10 fish per person per day.

If you are trophy hunting, it takes a 5-pounder or a 24-inch release to earn a citation award from the Virginia Saltwater Fishing Tournament.

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Bad gun safety practices. Picture causes a stir

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Tautog time. Those goofy-looking fish with the human-like lips and teeth and biting.

As temperatures cool and many fish migrate out of area waters, anglers are able to focus more of their attention on a lessening number of species.

Then the tautog bite turns on and complicates everything.

What a wonderful dilemma we have on our hands, as one of Virginia’s favorite species has shown up and turned on.

Togs – as most anglers call them – are those strange looking wreck dwellers with the human-like lips and teeth.

They also are one of the tastiest species swimming in area waters.

And local waters produce some of the biggest tog in the world.

Virginia produced the former world record of 24 pounds. The current leader is a 25-pounder caught not too far away off Ocean City. This year’s Saltwater Tournament leader – a 21-pound, 13-ounce tog caught earlier this year by Virginia Beach’s Skip Feller – is believed to be one of the top 10 biggest ever. 

Tautog of 15 pounds are almost commonplace in Virginia waters.

Action started kicking into gear about 2 weeks ago and tog masters are finding good numbers at a variety of locations along the Chesapeake Bay Bridge-Tunnel. Many inshore wrecks and artificial reefs also are holding cooperative togs.

Fiddler crabs have become the favorite bait, but pieces of cut crab and sometimes clam or squid will work.

Bring plenty, ‘cause these fish have a deserved reputation for stealing.

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Speckled trout. Largemouth Bass. Good Weather. Limited time.

It all adds up to a pretty serious problem.

I absolutely love fishing for both.

Bass are closer to home, but trout aren't around all year long like the bass are.

Mother Nature provided a remarkable mid-October week.

Tuesday I worked the waters of the North River in northeastern North Carolina. Beautiful place with excellent fishing.

Trout are tearing it up in Rudee Inlet, and that action also is going to get better in the coming weeks.

So what do you do?

Only one thing is for sure. I'd better do it quick. It's after 1 and there is that thing of high school football tonight - in less than 6 hours.

Bye!

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Striper season is a multitude of seasons rolled into one.

There basically are two rockfish seasons in Virginia – the one currently going on for school-sized and slightly larger fish, and the winter coastal fishery for the really big ones.

Both have their drawing points.

Right now, light-tackle and fly rod anglers can have a blast around most bridges, piers and other structures in the Chesapeake Bay, and at the mouths of the many tributaries that drain into it.

First and last light are two outstanding times of day to get into a little topwater action just about anywhere. Birds working bait are a telltale sign of where fish are devouring their prey.

Casting flies and plugs around the rocks of artificial islands at the three bridge-tunnel spans also can provide some big-time fun.

Working live spot over tunnel tubes usually will produce bigger fish this time of year. Many anglers also are chunking deep channels with cut menhaden and having success with bigger fish.

More and more large rockfish will be moving into the area as waters continue to cool

In the last week alone, temperatures in the lower Bay dropped about 6 degrees. That definitely will draw more fish in.

And the fish that are here will be more eager to bite.

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About this morning. Sometimes early is just too early.

I tried to get up and watch the peak of the Orionid meteor showers. I really did.

But 2 a.m. just didn't feel right at 2 a.m.

But there will be another chance early Thursday morning, when Mother Nature's fireworks will again brighten the skies.

My wife and our neighbor said they saw quite a few shooting stars when they started their daily morning walk at 6 a.m.

Maybe I'll get outside with them tomorrow and do a little star gazing.

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Nature's Fireworks - The Orionid version

While they are not as well-known as the Perseids, the Orionid meteor showers often put on a show that competes equally.

This year's Orionids are currently underway, with a peak set to start after midnight tonight. The actual peak is supposed to be around 2 in the morning Wednesday. Showers of a lesser degree can be seen through the weekend.

If you're not up that early or you don't stay up that late, you might be well-served to set the alarm for about 2 and get up and watch for an hour or so. Dress warm - we had our first frost Tuesday morning in Camden. Find a place with little light, and settle in for what could be as many as 30 streakers an hour. It likely will be less than that, but still will be a worthy show. Many of these showers flash at the end.

The forecast is good, with clear brilliant skies that will lend themselves to good viewing. And the new moon is only 3 days old and will settle past the horizon well before peak.

These fireworks aren't the stuff that July Fourth celebrations are made of. But they are nature's own and a real sight to behold.

I'll be up watching and will let those of you that stayed tucked in and warm know what they missed when I blog after I get - dreary-eyed - to work Wednesday morning.

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Time to live chat about something other than football

OK, it's football season and everybody is pretty hyped about everything from high school to college to professional football.

Hey, even me.

But this is one of the best times of the year to fish and we need to talk about it.

Speckled trout, puppy drum and striped bass - three wonderful fall species that are abundant and fun to catch.

We also need to talk about the recent ban on sea bass fishing and an upcoming suit by the Recreational Fishing Alliance to try and get the federally-order closure overturned. It's a mess that is putting a financial burden on a bunch of charter and head boat captains - and putting a real bummer on the recreational fishery.

So finish talking about yesterday's incredible games - and a bunch of awesome college games on Saturday - and let's meet for lunch and talk about fishing.

Return to this blog post at 12:15 today to chat.

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