Motion for Injunctive Relief
National Marine Fisheries Service (NOAA Fisheries
Violates the Endangered
Species Act and the Lacey Act
Editor's Note: Ed Bender is a Virginia Eastern shore fisherman who
is always fighting the good fight to protect and defend the
Unalienable Rights given to Americans in the Declaration of Independence
on July 4, 1776. To this end and time and time again Dr.
Bender, in the tradition of George Wythe,
Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson,
Jr., Francis Lightfoot Lee, and Carter Braxtonsupport and their pledge
given in the Declaration of Independence and with
a firm reliance on the protection of Divine Providence, Bender has pledged
to us his Life, his Fortune, and sacred Honor in defense of our Unalienable
Dr. Bender received his Litterarum Doctor from the University of Southern
Virginia for his years of service defending Unalienable Rights in Pro Se
legal actions in both State and Federal Courts and is currently serving on
the Executive Board of the Unalienable Rights Foundation.
In furtherance of defending Unalienable Rights Dr. Bender has written to Mr. Perry, chief law enforcement officer for the Fish and Wildlife Service of the Federal Government in Eastern Virginia who duties include enforcement of the Endangered Species Act and the Lacey Act. It appears that National Marine Fisheries Service (NOAA Fisheries Service) is in violation of the Endangered Species Act and the Lacey Act.
Bender's letter appears to be protesting what he calls unlawful acts that relate to a study that NMFS in conducting in Virginia waters [see Bende's letter below].
On the National Marine
Fisheries Service (NOAA Fisheries Service) web site it describes
NOAA Fisheries Service is dedicated to the stewardship of living marine
resources through science-based conservation and management, and the
promotion of healthy ecosystems.
As a steward, NOAA Fisheries Service conserves, protects, and manages
living marine resources in a way that ensures their continuation as
functioning components of marine ecosystems, affords economic
opportunities, and enhances the quality of life for the American public.
Edward H. Bender
Dear Mr. Perry:
I bring your attention to the fact that the National Marine
Fisheries Service [NMFS] is now unlawfully conducting a pound
net study in the Virginia's Chesapeake Bay in violation of the Endangered
Species Act and the Lacey Act. I wish an immediate investigation
into these unlawful acts of the NMFS. I am now preparing a motion for
injunctive relief in the Norfolk Federal District Court which will take
several more days to complete. Below you will find a portion of this motion
that will give you some understanding as to the unlawful actions of the NMFS:
" (a) Before a 2005 pound net study could be conducted a turtle
take permit had to be obtained from NMFS. The take permit issued allowed
one (threatened) loggerhead turtle or two (endangered) Kemp Ridley
turtles to be taken during the course of the 2005 pound net study. It is
remarkable that two endangered turtles can be taken under the permit but
only one threatened turtle can be taken. It has come to my attention
that more turtles have been taken pursuant to the 2005 pound net study
than allowed by the take permit issued for the study. Therefore NMFS is
now unlawfully conducting a study in violation of the NMFS final rule
promulgated May 5, 2004 regulating pound net leaders in the Virginia
Chesapeake Bay. NMFS violates the Endangered Species Act and allows
unlawful catches of fish to entered into interstate commerce in
violation of the Lacey Act."
A copy of this request is also sent to Representatives Jo Ann S. Davis and