April 2008 American Sportfishing Association Policy Watch
Policy Watch is a monthly update for the sportfishing community about the American Sportfishing Association’s Government Affairs activities.
For more information on ASA Government Affairs activities, contact Gordon Robertson, vice president and Government Affairs lead, 703.519.9691, x237, Patty Doerr, Ocean Resource Policy director, x244, or Mary Beth Charles, Policy Fellow, x230.
Marine Life Protection Act Update (MLPA)
On April 22, the California
Marine Life Protection Act (MLPA) Blue Ribbon Task Force (BRTF) voted to
forward the proposal supported by the American Sportfishing Association (ASA)
and the Partnership for Sustainable Oceans (PSO) — Proposal
2-XA — to the California Fish and Game Commission (FGC) for its consideration.
Proposal 2-XA is one of four alternatives sent to the Commission. Although each
proposal establishes a series of marine protected areas (MPAs) along the North
Central coast as required under the MLPA, the alternative supported by ASA and
the PSO has the least economic impact by minimizing unnecessary closures to recreational
fishing while placing a high priority on marine resources conservation. The BRTF
is expected to formally submit the four alternatives to the FGC at a special
joint meeting in June. The FGC must then hold a series of meetings to receive
public comment. The FGC has the final vote on which set of MPAs is designated
in the North Central Coast study area. ASA staff attended the meeting along with
numerous representatives from the sportfishing community.
Disappointing Settlement for Cape Hatteras National Seashore Rec
Area
A federal judge in North Carolina has approved a settlement agreement between
the Department of Interior (DOI) and environmental groups to regulate the
use of off-road vehicles (ORVs) in the Cape Hatteras National Seashore Recreational
Area (CHNSRA) to protect nesting shorebirds and turtles. The protections provided
in the settlement agreement go well beyond existing guidelines for protection.
ASA believes that this settlement agreement will result in an unreasonable
loss to fishing opportunity and have a high negative impact on the local economy.
In addition, ASA is disappointed that the DOI failed to defend its Interim
Protected Species Management Plan and the Negotiated Rulemaking Committee
in agreeing to the settlement. The settlement agreement will be in effect
until DOI has completed the Negotiated Rulemaking process, which officially
began in January 2008. The Rulemaking Committee, which consists of various
stakeholders in the CHNSRA, was formed to assist the DOI’s National
Park Service in its development of the ORV Management Plan. Despite the ongoing
rulemaking process and an Interim Protected Species Management Plan, Defenders
of Wildlife, the National Audubon Society, and Southern Environmental Law
Center filed an injunction in federal court earlier this year request that
prime areas of the CHNSRA be closed to ORV use until the negotiated rulemaking
is complete.
ASA Government Affairs Committee Meeting
ASA’s annual Government Affairs Committee meeting was held April 24–25.
Committee members received updates and status reports on a wide-range of topics
including federal and state marine protected areas, precedent-setting state
and local access issues and recreational fishing allocation concerns. Committee
action items included the development of ASA’s position statement on
summer flounder; a vote to support the proposed Klamath Basin Restoration
Agreement; and approving a staff recommendation regarding the reauthorization
of the Sport Fish Restoration and Boating Trust Fund.
ASA Government Affairs Committee Develops Position on Summer Flounder
At its recent spring meeting, the Government Affairs Committee approved
a position statement regarding the summer flounder fishery. The statement
includes a six-point plan to avoid a threatened 2009 closure of the fishery
in federal waters (three to 200 miles out) along the Atlantic coast. Last
fall, the National Marine Fisheries Service threatened to close the fishery
in federal waters if the recreation sector continued to exceed its quota.
The Government Affairs committee agreed that ASA would not support legislation
introduced in the House of Representatives which would give flexibility
to fishery managers in meeting the required 10 year deadline to recover “overfished” stocks.
The committee declined to support the bill because the bill fails to adequately
address the issues facing the summer flounder fishery, chief of which is
a lack of accurate data on fish populations and the number of recreational
anglers. ASA is actively supporting efforts by the Save the Summer Flounder
Fishery Fund to raise funds for an independent scientific review of the
data. The plan’s main goals are: encourage state fishery managers
to enact management measures to ensure the recreational sector does not
exceed its quota; encourage an equitable reallocation of the stock so that
the recreational sector’s quota is commensurate to its economic impact;
and improve the data scientific and recreational catch data used to assess
the health of the fishery.
Council Adopts Immediate Rule on Hooks, Venting Tools and Release
Rigs
Despite a December 2007 request from ASA to provide at least 18 months
of transition, the Gulf
of Mexico Fishery Management Council adopted a rule for
the use of circle hooks, release devices and venting tools when fishing for
reef fish in the Gulf of Mexico. The final rule will take effect June 1. ASA
had asked for an 18 month transition period so that manufacturers and distributors
could sell their current inventory of “j” hook rigs and supply
the new circle hook rigs and other devices for the next fishing season. The
rule does not apply to Florida’s Atlantic coast, rigs that use artificial
baits, non reef fish, or to anglers fishing from shore or piers. The state
of Florida will be adopting the same rules for the Gulf of Mexico. Information
can be found at http://myfwc.com/marine/GearRules/index.htm
Clean Boating Act of 2008
Unless Congress acts soon, the country’s 18 million recreational boat
owners will be required to obtain a federal or state permit in order to operate
their boats. These permits would apply to any water-based, non-polluting operational
discharge from a recreational boat. Senators Barbara Boxer (D-CA) and Bill
Nelson (D-FL) have introduced S. 2766, the Clean Boating Act of 2008, which
would fully and permanently restore a permit exemption for recreational boat’s
incidental discharges. Send
a letter to your Members of Congress urging their support of the Clean
Boating Act. For more information, read ASA’s
position on S. 2766.
Grouper Problems in the Gulf of Mexico
To address problems facing gag grouper in the Gulf of Mexico, the Gulf
of Mexico Fishery Management Council (Council) is recommending an amendment,
which proposes a suite of reductions in gag grouper take, including expanding
marine protected areas and transferring fishing rights from recreational anglers
to commercial fishing fleets. ASA believes there are better ways to address
the grouper issue and will be providing its comments to the Council and the
National Marine Fisheries Service (NMFS). Individual public comment is also
being accepted for Amendment 30B to the Reef Fish Fishery Management Plan.
Send a letter to your Members
of Congress, the Council
and NMFS requesting a reasonable recreational fishing allocation. For
more information, read ASA’s
position on the gag grouper issue.
Lieberman Supports National Fish Habitat Action Plan
Senator Joe Lieberman (D-CT) has agreed to introduce the National
Fish Habitat Action Plan (NFHAP), but suggests supporters assist his office
in seeking a bipartisan co-sponsor. The NFHAP legislative team attended a
number of meetings with Senate and House staff in April to seek additional
sponsors and refine language, and is close to securing a champion in the House.
Although the timeline is short, the NFHAP legislative team will continue to
advocate for introduction this year. ASA has a leadership role in the legislative
effort for the NFHAP.
Farm Bill Update
With both the House and Senate versions of the 2007
Farm Bill passed, ASA is working with its partners in the Agriculture
and Wildlife Working Group (AWWG) to ensure that robust funding for conservation
is included in the final bill. The 2002 Farm Bill extension has been reinstated
until May 2 which includes $4 billion in funding for the conservation title.
There is still the possibility of a presidential veto, which could reinstate
the 2002 Farm Bill until 2009. This action would eliminate funding for recreational
fishing and other conservation programs.
ASA Attains Fish Passage Provisions in HR 1195
On April 17, a technical corrections amendment was passed by the House
of Representatives after extensive attempts by ASA to secure Transportation
Bill funding for fish passage construction on National
Forest system roads. The amendment (HR 1195) sponsored by Congressman
James Oberstar (D–MN), allocates $10,000,000 annually for fish passage
throughout the entire National Forest system. Fish passage was identified
in a General Accounting Office report as a critical need in the National
Forests.
ASA Supports California’s Fish & Wildlife
Rescue or Relocation Bill
ASA provided comments to the California legislature in support of AB1806,
the Fish and Wildlife Rescue or Relocation Bill, that aims to reverse the
collapse of Central Valley salmon populations. Although there have been a
number of problems contributing the collapse, there is very strong evidence
that the state and federal pumps in the Central Valley Delta and the water
movements they have generated in the last several years have been a major
contributor to the decline. The Fish and Wildlife Rescue or Relocation Bill
would require state and federal Delta pump facilities to mitigate for both
the direct and indirect damage to the fisheries that the pumps have caused
throughout the years.
Schwarzenegger Appoints New Director of Department of Fish and Game
California Governor Arnold Schwarzenegger announced the appointment of
Donald Koch as director of California’s
Department of Fish and Game (DFG). Koch had been a 30-year employee
of the department before his retirement in December 2007. Most recently,
he was advisor to the directorate, representing DFG in Klamath River negotiations.
PacifiCorp Progress Report on Condit Settlement Agreement
The deadline to decommission and remove PacifiCorp’s Condit
dam on the White Salmon River in
Washington, previously set for fall 2008, will be extended. Delays in acquiring
certificates and permits and conducting additional sediment sampling have
resulted in insufficient time to complete the dam removal by the original
deadline. Parties to the original settlement agreement are modifying the agreement
to reflect a new schedule. When completed, Condit Dam will be the largest
dam removal project in the United States.
“Seasons End” Press Conference
In April, ASA and other conservation groups attended a press conference
marking the release of Season’s
End: Global Warming’s Threat to Hunting and Fishing, a publication
about the potential impacts of climate change on fish and wildlife and fishing
and hunting. The press conference on Capitol Hill featured remarks from
Representative John Dingell (D-MI), chairman of the House Energy and Commerce
Committee. ASA provided information on the forecasted impacts global warming
will have on both freshwater and saltwater habitats and species. The report
is funded by the Bipartisan Policy Center, whose projects include the National
Commission on Energy Policy.
American Boating Congress
ASA hosted the Monday evening reception at the American
Boating Congress, the National Marine Manufacturers
Association’s (NMMA) annual meeting for that association’s
government affairs program. ASA staff attended the reception, Monday
evening’s banquet and the Congressional Boating Advocates Roundtable
and subsequent luncheon. ASA and the NMMA work closely together on issues
that impact boating anglers.
2008 National Casting Call
ASA and the Future Fisherman Foundation were active participants in this
year’s National Casting
Call, held April 27-28 in Washington, D.C. Sponsored by the American
Fly Fishing Trade Association, ASA and foundation staff along with other
representatives from various fishery organizations volunteered during Sunday’s
Family and Youth Casting Call, where local children and their families learned
about fisheries and tried their hand at fishing. During Monday’s National
Casting Call, a status report on the National Fish Habitat Action Plan was
given, and America’s Ten Waters to Watch were highlighted.
ASA Attends CSF Breakfast Briefing
The Congressional Sportsmen’s
Foundation hosted a breakfast briefing where issues surrounding the Clean
Boating Act of 2008 were highlighted. BASS/ESPN Conservation Director and
ASA Government Affairs Committee member Chris Horton discussed the need for
quick passage of the act, and the various negative impacts to boaters and
anglers if passage is unsuccessful.
