December 2010 American Sportfishing Association Policy Watch
Policy Watch is a monthly update for the sportfishing community about the American Sportfishing Association’s (ASA) Government Affairs activities.
For more information on ASA Government Affairs activities, contact Gordon Robertson, Vice President and Government Affairs Lead, 703.519.9691, x237, Mike Leonard, Ocean Resource Policy Director, x230, or Alyssa Hausman, Policy Fellow, x244.
California Closes South Coast Waters to Recreational Fishing
Proposed South Atlantic Bottom Fishing Closure Dropped
NPS Adopts Draconian Access Closures for Cape Hatteras National Seashore
Washington State Imposes Lead Fishing Tackle Bans
Oregon Finalizes Plan for Marine Protected Area System
Asian Carp Prevention and Control Act Signed into Law
Recreational Fishing of Gag Grouper Suspended in Gulf of Mexico
Federal Agencies’ Report Supports Completion of California’s BDCP
Marine Community Opposes Increases in Gasoline’s Ethanol Content
Bush Tax Cuts Extended
ASA Joins Industry Groups to Protect Manufacturers from Overregulation
ICCAT Concludes with Improved Conservation Measures for Several Species
California Closes South Coast Waters to Recreational Fishing
During its December 15, meeting, the California Fish and Game Commission (FGC) voted 3-2 to approve a wide-ranging array of marine protected areas (MPAs), essentially no-fishing zones, along the southern California coast. In its latest effort to implement the Marine Life Protection Act (MLPA), the commission’s vote indefinitely closes approximately 12 percent of southern California’s ocean waters to recreational fishing – including many of the state’s best recreational fishing areas. The Partnership for Sustainable Oceans (PSO), of which the American Sportfishing Association (ASA) is a member, has voiced its concerns regarding the numerous flaws and a lack of transparency in the process. One of the PSO’s members, United Anglers of Southern California (UASC), has retained legal representation to investigate the legality of the MLPA process. Representatives from ASA, the PSO and its legal team provided testimony during the December 15, commission meeting requesting suspension of the South Coast MLPA implementation.
Proposed South Atlantic Bottom Fishing Closure Dropped
On December 3, the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NOAA Fisheries) decided to delay a ban on all bottom fishing in a 5,000 square mile area of the South Atlantic until June 2011. Six days later, in light of new data, the South Atlantic Fishery Management Council announced its decision to drop the plan to impose a federal bottom fishing ban in the South Atlantic. The latest stock assessment suggests that red snapper populations are stronger than originally thought and that fishing pressure on the stock has been alleviated. The council’s decision is currently awaiting approval by NOAA Fisheries. ASA urges NOAA Fisheries to accept the council’s decision. An already existing ban on commercial and recreational fishing for red snapper in federal waters from North Carolina to northeast Florida remains in effect.
NPS Adopts Draconian Access Closures for Cape Hatteras National Seashore
On December 20, the National Park Service (NPS) announced its decision to adopt an off-road vehicle (ORV) management plan for the Cape Hatteras National Seashore Recreation Area (CHNSRA) that closes extensive areas of the seashore to the public and severely limits ORV access to one of the premier surf fishing locations on the East coast. The NPS adopted its preferred management plan which, severely curtails recreational fishing and other recreational activities and far outweighs what is needed to address resource protection. The final ORV plan poses serious issues for the local economy, which is largely dependent upon tourism and recreation, such as surf fishing, because it prevents reasonable public access to many of the park’s best sportfishing areas. ASA will continue to explore all avenues to achieve a fair and balanced resolution to this issue.
Washington State Imposes Lead Fishing Tackle Bans
On December 4, the Washington Fish and Wildlife Commission adopted regulations to prohibit the use of lead fishing weights and jigs that measure 1.5 inches or less on twelve state lakes, along with a ban on fishing flies containing lead at Long Lake in Ferry County. The commission rejected an alternate proposal submitted by ASA and four other national and regional recreational fishing organizations, which incorporated a comprehensive community-based, scientific study of loon and waterfowl mortality and an education program for fishing and boating enthusiasts to minimize disturbances and threats to loons and other water birds. The new regulations will go into effect May 1, 2011. While it is disappointing that the commission adopted this unnecessary rule, it is much improved over the original proposal which would have covered much of the state and would have banned all lead-containing fishing equipment.
Oregon Finalizes Plans for Marine Protected Area System
After almost a year of community meetings, the Oregon Ocean Policy Advisory Council accepted and approved the recommendations of three community groups for marine protected areas (MPAs) in that state. The areas include small marine reserves and some adjacent MPAs. The reserves, in which no extraction of resources is permitted, are approximately 3.5 percent of the state’s marine waters. The MPAs – which permit recreational fishing – represent approximately 2 percent of the state’s marine waters. There are extensive requirements for base line monitoring for both biological and socio-economic impacts before the areas are put in place. Provided funding is available, the areas will be statutorily created during the 2011 Oregon legislative session. ASA will continue to provide input on the proper establishment and uses of the areas.
Asian Carp Prevention and Control Act Signed into Law
On December 14, President Obama signed the Asian Carp Prevention and Control Act (S. 1421) into law. The bill, sponsored by Senators Carl Levin (D-MI) and George Voinovich (R-OH), was passed by unanimous consent in the Senate on November 17, and approved in the House of Representatives on December 1. This legislation lists the bighead carp as an invasive species under the Lacey Act, prohibiting the interstate transportation or importation of live bighead carp without a permit. This adds to a number of ongoing efforts to prevent the spread of this invasive fish, which represents a significant threat to the $7 billion annual sportfishing economy in the Great Lakes. ASA has consistently supported and testified for this and other measures to control Asian carp.
Recreational Fishing of Gag Grouper Suspended in Gulf of Mexico
On November 30, NOAA announced temporary regulations to prohibit recreational fishing for gag grouper in the Gulf of Mexico in addition to reducing the commercial quota from 1.49 million pounds to 100,000 pounds. This six-month rule will become effective on January 1, 2011. It is being implemented to address the overfishing of gag grouper until a long-term rebuilding plan is developed through Amendment 32 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico.
Federal Agencies Support Completion of California’s BDCP
On December 15, six federal agencies issued a report calling for the restoration of wetlands and habitat in California and the construction of a new water conveyance system. The report calls for the completion of the California Bay-Delta Conservation Plan (BDCP), which will address the water needs of both California’s ecosystems and water infrastructure. The federal report mirrors a report issued on the same day by California and highlights the priority actions that the federal agencies have taken. The California BDCP is important to salmon in the Pacific Northwest.
Marine Community Opposes Increases in Gasoline’s Ethanol Content
On November 4, the Environmental Protection Agency (EPA) published its proposal to mitigate the misfueling of vehicles. A month earlier the EPA approved a 50 percent increase in the allowable ethanol content in gasoline for automobiles built after 2006, causing concern that consumers would fuel their vehicles with improper gasoline. ASA joined the National Marine Manufacturers Association and several other industry groups in a letter to the EPA requesting a 60-day extension of the comment period on the proposal. The EPA’s partial approval to increase the ethanol content of gasoline to 15 percent, commonly referred to as E15, could damage recreational marine engines and other small gasoline-powered engines because they are designed, calibrated, and certified to run on not more than 10 volume percent ethanol. The National Marine Manufacturers Association has also initiated legal action over the EPA decision.
Bush Tax Cuts Extended
On December 17, President Obama signed the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 into law. The act provides temporary relief to individuals and business by extending individual income tax cuts, unemployment insurance benefits and several business and individual tax incentives. For more information on this legislation, please read Staying in Place, a report compiled by Deloitte and made available by the National Association of Manufacturers.
ASA Joins Industry Groups to Protect Manufacturers from Overregulation
ASA joined several industry groups in a letter to the EPA opposing the agency’s permitting guidance for greenhouse gases. The letter highlights the significant negative impacts that the EPA’s overregulation of emissions would have on manufacturing in the U.S. and the jobs that it supports. The letter was submitted to the EPA on December 1.
ICCAT Concludes with Improved Conservation Measures for Several Species
On November 27, the International Commission for the Conservation of Atlantic Tunas (ICCAT) concluded its annual meeting in Paris. During the 12-day negotiations, NOAA Administrator Jane Lubchenco stressed the economic and cultural importance of recreational fishing. Positive conservation measures were achieved for marlin, swordfish and a few species of shark, but conservation measures for several species of tuna were not approved.
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