July 2006 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, VP and Government Affairs lead, x237 or Carol
Forthman, director, Ocean Resource Policy, x244 at 703.519.9691.
IRS Excise Tax Guidance Released
On July 10, 2006, the Internal Revenue Service released its Industry Director’s
Directive regarding the federal manufacturers’ excise tax. The Directive
is the document that the IRS had been promising to release to the sportfishing
industry for some months. This Directive will serve as the guiding document for
field and territory IRS personnel conducting reviews and audits of sportfishing
industry members who are subject to the federal manufacturers’ excise tax.
ASA has provided this document to its members. The document is also posted on
ASA’s Web site under
Government Affairs.
ASA urges its members to carefully read this document and familiarize themselves
with its content. This Directive can help you determine if your business model
is in compliance with IRS interpretations. The primary purpose of this document
is to achieve consistent application of the excise tax across the industry both
categorically and geographically. ASA thanks the Excise Tax Committee members
for their time and effort in representing the interests of the entire sportfishing
industry throughout this 18-month process.
House Delays Passage of Magnuson-Stevens Act
The House of Representatives, which was expected to take up the House bill
reauthorizing the Magnuson-Stevens Act on July 25, has delayed consideration
of the bill until after the August recess. Despite the fact that changes had
been agreed to by Representatives Wayne Gilchrest (R-MD) and Jim Saxton (R-NJ),
who had previously criticized the bill, the bill was not scheduled for a floor
vote. ASA will be working with other groups to urge early consideration when
the House reconvenes in September.
National Park Service Director Resigns
On July 26, 2006, Fran Mainella, National Park Service director since early
in the Bush administration, announced her resignation. Mainella has worked
with ASA to address member concerns regarding significant issues with Cape
Hatteras National Seashore Park Service staff over prohibitions to angler access.
In 2005, a new Seashore superintendent was appointed who has been working more
closely and productively with the community. Mainella came to the Park Service
from Florida where she directed the state park service for many years.
Hogan Appointed to Lead Association of Fish and Wildlife Agencies
In July, the Association of Fish and Wildlife Agencies (AFWA) announced the appointment
of Matt Hogan as Executive Vice President for AFWA. Hogan's most recent position
was Acting Assistant Secretary, Department of the Interior. He served four years
with the Interior beginning as Deputy Director of the U.S. Fish and Wildlife
Service in 2002. From 1998 to 2002, Hogan was the Executive Director of the Congressional
Sportsmen’s Foundation.
North American Wetlands Conservation Act Passes the House Resources Committee
The National Wetlands Conservation Act provides funds ($375 million over five
years) for wetland protection and restoration. The bill passed the committee
by unanimous consent and will be heard next on the House floor.
Supreme Court Delivers Mixed Messages on Wetlands
In a closely watched case involving which wetlands are subject to federal
regulation, the Supreme Court issued highly divided opinions. Five Justices
agreed only in the result, not the reasoning, and sent the case back to the
lower court for further fact finding. Three Justices sending the case back
wrote an opinion that was openly hostile to the interpretations of wetland
extent adopted by the U.S. Army Corps of Engineers which administers the Wetland
program. Three others would have upheld the decision without sending the case
back. The swing opinion, written by Justice Kennedy, set a test for a wetland
to be under federal regulation if there is a "significant nexus" between
the wetland and a navigable water. ASA joined with other conservation groups
in an amicus curiae brief that supported the Corps' interpretations.
FishNet Meets in July
FishNet met at ASA on Tuesday, July 25. Items discussed during the meeting
included the revamping of NOAA’s recreational fishing data, a potential
FishNet review of Forest Service Region 9, access problems for anglers in Army
Corps of Engineers marinas, the National Fish Habitat Action Plan, the 2007
Farm Bill, the Magnuson-Stevens Act reauthorization and developments on the
animal rights front.
NOAA Recreational Data Expert Visits FishNet
Nancy Thompson, Ph.D., with the National Marine Fisheries Service (NMFS), met
with members of FishNet at ASA on July 25. Dr. Thompson is the director of the
NMFS Southeast Regional Laboratory and has been given the task of preparing NMFS's
response to the report by the National Research Council that criticized NMFS's
Marine Recreational Fishery Statistical Survey (MRFSS). Dr. Thompson explained
the proposed timeline for updating MRFSS and indicated that they were planning
meetings with stakeholder groups in the near future. ASA had long criticized
the current MRFSS program and is closely following the developments to ensure
that the revisions meet the goal of accurate and timely data for recreational
fisheries management.
ASA Meets with Sanctuaries Program on Channel Islands Sanctuary Plan
ASA attended a meeting held by the National Marine Manufacturer's Association
to discuss the Draft Management Plan for the Channel Islands Marine Sanctuary
off the California coast. One issue of particular interest to ASA, marine reserves,
is not included in this plan. Because of the controversial nature of marine
reserves, the issue is being handled under a separate, subsequent, process.
ASA has filed written comments on the draft plan expressing concern over statements
in the plan that imply a policy in favor of imposing no-fishing zones, and
will monitor activity on the marine reserve process.
CSF Breakfast Addresses Louisiana Coastal Marshes
ASA attended the final 2006 briefing hosted by the Congressional Sportsmen's
Foundation (CSF). The breakfast briefings are held periodically on topics of
importance to the sportfishing and hunting communities. Chad Courville, Ph.D.,
Ducks Unlimited of Louisiana, presented information on strategies for rebuilding
coastal marshes in Louisiana. Members of Congress speaking at the breakfast included
Representatives Charles Boustany (R-LA), Charles Melancon (D-LA) and Representative
Leonard Boswell (D-IA). Senator Wayne Allard (R-CO) and Representative Adam Putnam
(R-FL) also attended.
Senate Passes Water Resources Development Act
The Water Resources Development Act (WRDA) is the authorization bill for U.S.
Army Corps of Engineers projects. The bill authorizes $11.5 billion in projects
involving navigation, flood control, coastal restoration and lock and dam projects.
The Senate bill was delayed for over a year after the House passed its version
because of a dispute over reforming the project evaluation process for the
Corps. An amendment offered by U.S. Representative John McCain (R-AZ) and U.S.
Representative Russ Feingold (D-WI) was adopted that requires independent review
of Corps projects. The expectation is that this will set priorities on a need
basis and not a political basis. The House and Senate bills will have to be
reconciled before being submitted to the President for signature.
New Director of Bureau of Reclamation Nominated
Robert W. Johnson, a 31-year agency veteran, has been nominated by President
Bush to head the Bureau of Reclamation, replacing John Keyes, who retires. The
Bureau is currently under a plan to reorganize with the goal of addressing local
stakeholder needs more effectively. Johnson was involved in the development of
the Lower Colorado Multi-Species Conservation Program which is aimed at river
restoration and species conservation. Johnson now faces confirmation by the Senate.
ASA Meets with Representative Kendrick Meek
U.S. Representative Kendrick Meek (D-FL) was the featured guest on July 27 at
the Florida Business Forum of which ASA is a member. Representative Meek's district
is in the Miami area. Issues of importance to Rep. Meek include offshore oil
and gas drilling and coastal conservation. He is also an avid angler and expressed
an interest in working with ASA.
Meeting with Representative Ros-Lehtinen's staff
ASA recently met with Sarah Perez, legislative director for U.S. Representative
Ileana Ros-Lehtinen (R-FL). Representative Ros-Lehtinen is the Chair of the
Congressional Marine Sanctuaries Caucus. Her district includes parts of south
Florida and the Florida Keys. Issues discussed were the Magnuson-Stevens
Act, marine sanctuaries and ocean policy in general.
ASA Attends Farm Bill Meeting with Chairman Lucas
ASA, along with other members of the conservation community, attended a meeting
to discuss the 2007 Farm Bill with House Conservation, Credit, Rural Development
and Research Subcommittee Chairman Frank D. Lucas (R-OK). In the meeting,
Chairman Lucas described his expectations for the upcoming bill and attending
groups were able to express their concerns and desired changes from the 2002
version.
