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February 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
In February, ASA staff attended a combined meeting of the California Fish and Game Commission and the Marine Life Protection Act (MLPA) Blue Ribbon Task Force (BRTF) in Pacifica, Calif., where the Commission and the BRTF heard comments about the MLPA process from both MLPA staff and the public. The BRTF also met to consider the Science Advisory Team’s (SAT’s) analysis of the five remaining proposals for marine protected areas along California’s north central coast. ASA, along with its partners, under the name Partnership for Sustainable Oceans (PSO), developed one of the five proposals. The SAT’s analysis determined how the proposals met the science and conservation guidelines established by the SAT. During its deliberations, the BRTF made an unexpected decision, absent the best available science, regarding trolling for salmon that adversely affects the ability of the PSO’s proposal to meet the science guidelines. The PSO is fighting the decision and working to ensure that the next iteration of its proposal strongly meets the science guidelines while protecting recreational fishing in the area. In another decision, the BRTF has asked the Regional Stakeholder Group to reduce the number of proposals from the current number of five to no more than three. The BRFT is scheduled to meet in April to vote on which proposal(s) to advance to the Fish and Game Commission for its consideration.

Meeting of the Cape Hatteras Negotiated Rulemaking Committee
The second official meeting of the Cape Hatteras National Seashore Negotiated Rulemaking Committee was held in Nags Head, N.C. Board of Directors member Bob Eakes, president, Red Drum Tackle Shop, Inc., represents ASA on the committee. Over the next year, the committee will be working to develop a consensus management plan for the use of off-road vehicles (ORVs) on the beaches of the Seashore. The February meeting focused on identifying the issues the Committee should address and how to resolve them. Public comments focused on the need to protect beach access and the potential economic impacts of closing large portions of the beach. The next meeting is scheduled for March 18-19, 2008, in Avon, N.C.

Injunction Filed to Stop Seashore ORV Access
The Defenders of Wildlife and the National Audubon Society have filed an injunction asking all ORV access, except for essential vehicles, be stopped on Cape Hatteras National Seashore in areas covered by the Park Service’s Interim Protected Species Management Plan to protect nesting waterbirds and shorebirds. A federal judge has yet to rule on whether the interim plan is sufficient to protect the species covered by the Plan. Defenders and Audubon also jointly filed suit in 2007 contending that the Park Service was not meeting the requirements of the Endangered Species Act as it relates to protection for the piping plover and other shore birds. The court date for the motion is scheduled for April 3, 2008. Both Defenders and Audubon are involved in the Negotiated Rulemaking process, a situation ASA views as a conflict of interest and has brought to the attention of Department of Interior staff.

ASA Continues Work on Summer Flounder Issue
ASA staff is continuing its efforts to ensure that sound science and management decisions are used in determining the total allowable catch and target biomass for summer flounder (fluke) on the East Coast. ASA is supporting an independent panel of scientists, put together by the Save the Summer Flounder Fishery Fund (SSFFF) and others, to take part in this year’s benchmark assessment on the health of the summer flounder fishery. ASA, along with its members American Rod & Gun and Henry’s/Big Rock Sports, is contributing to the Fund by donating a Mako 17-foot, center console boat with accessories to be raffled off on June 28, 2008, during an SSFFF event in Brielle, N.J. In addition, ASA is evaluating other measures to address the issue.

Bill Introduced to Amend the Magnuson-Stevens Act
U.S. House of Representatives member Frank Pallone, Jr. (D-NJ) has introduced a bill that would amend provisions in the Magnuson-Stevens Fishery Conservation Act that require a stock to be “rebuilt” within ten years. While ASA supports provisions that not only aim to end overfishing of all species, but also aim to minimize the adverse impacts of fisheries management on communities that depend on recreational fishing, it is analyzing the bill to determine the best course of action.

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 is proposing a suite of inequitable reductions in gag grouper take, including expanding marine protected areas and transferring fishing rights from recreational anglers to commercial fishing fleets. The Council is recommending a 45 percent reduction in gag grouper take; limiting the recreational angler to only one gag grouper in an aggregate bag of three fish; closing the recreational fishing season for grouper from January 15 to April 15, 2009; and transferring the fishing rights of over half of the Gulf grouper complex to a limited number of commercial fishermen. In contrast, the Council is proposing that the commercial fleet retain its current take and have only a one month closure. ASA believes there are more equitable ways to address the grouper issue and will be providing its suggestions to the Council. ASA members will be notified of its recommendations to the Council and industry members and anglers will be able to provide comment to the Council through the Government Affairs section on ASA’s Web site.

Red Snapper Quotas Reduced in Gulf of Mexico
NOAA’s National Marine Fisheries Service (NMFS) has approved regulations that would reduce by 50 percent the number of red snapper allowed to be caught by recreational fishermen in the Gulf of Mexico. The new quota, part of an effort to rebuild the red snapper population, went into effect on February 28, 2008, and is expected to continue through at least 2010.

ASA Meets with President’s Council on Environmental Quality
ASA staff met with James Connaughton, Chairman of the Council on Environmental Quality, to discuss marine protected areas (MPAs) and the Gulf of Mexico MPA proposal Islands in the Stream. ASA told the Chairman and his staff that ASA will not support any proposal that will diminish recreational fishing opportunities in the Gulf of Mexico—or any other location—and will firmly oppose any proposal that does so.  For more information about ASA’s position on marine protected areas, visit ASA’s Web site at www.asafishing.org under Government Affairs.

ASA Meets With Department of Interior to Discuss Angler Issues
ASA staff met with Assistant Secretary of the Interior for Fish, Wildlife and Parks Lyle Laverty to discuss angler recruitment/retention and access issues including the success of programs such as the Future Fisherman Foundation. Strategies to better unify and coordinate angler education programs and the need for better recreational fishing marketing efforts were also discussed. The Fish, Wildlife, and Parks office has an interest in angler issues, particularly with regard to access.

National Fish Habitat Action Plan
ASA has a leadership role in the legislative effort to obtain a co-sponsor for the National Fish Habitat Action Plan (NFHAP) in the Senate. Senator Joe Lieberman (D-CN) has agreed to introduce the NFHAP, but suggests supporters assist his office in seeking a bipartisan cosponsor. The NFHAP legislative team is also seeking champions in the House, and has had a positive reception from House Resources Committee staff. During the NFHAP February meeting, the Board approved the draft language for the bill. The legislative team will now take the finalized legislation back to Congress to make a push for introduction this year.

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 target key Congressional members before the House/Senate conference where differences in the House and Senate versions of the bill will be reconciled. If Congress and the White House cannot reach consensus before the 2002 Farm Bill extension expires on March 15, or if a Presidential veto occurs, the 2002 Farm Bill could be reinstated until 2009. Under the Administration’s proposal, the Wildlife Habitat Incentives Program, a program of particular importance to recreational fisheries, would be eliminated along with a number of other conservation programs. The AWWG continues work on finalizing a meeting with the Secretary of Agriculture to discuss this and make a push for the Department to identify alternate funding sources rather than eliminate conservation programs

Fiscal Year 2009 Federal Agency Budget Briefings
ASA staff attended the 2009 President’s proposed budget briefings hosted by the Association of Fish and Wildlife Agencies. The Fish and Wildlife Service (FWS) Fisheries Program’s proposed budget is reduced by $11 million from 2008 with the National Marine Fisheries Service’s proposed budget reduced by almost $47 million. This includes a $5.9 million decrease from 2008 funding for the FWS National Fish Passage Program. Currently, the Open Rivers Initiative has no FWS funding available for 2009. In addition, although NOAA’s Habitat Conservation and Restoration Program has a decrease of nearly $7 million from 2008 funding, funds will be redirected to NOAA’s Open Rivers Initiative budget resulting in an increase of over $5 million in 2009.

ASA Staff Attends BASSMaster Classic
ASA Vice President Gordon Robertson attended the BASSMaster Classic where he spoke to BASS Conservation Directors and state fishery chiefs about the impacts of marine protected areas on fishery management and angler opportunity; as well as how the angling community can act proactively on freshwater protected area proposals. ASA also lead a discussion on angler participation and how important it is to maintain angler numbers.

ASA Vice President Visits Japan
In February, ASA Vice President Gordon Robertson attended the Japan International Sportfishing Show and met with members of the Japan Fishing Tackle Manufacturers Association to discuss issues of mutual importance. Also attending the show were ASA members Jeff Pontius and David Martin, Zebco/WC Bradley; KC Walsh, Simms Fishing Products; and Roger Cannon, Normark Inc., Canada.

ASA Staff Attend Congressional Sportsmen’s Foundation Reception
ASA staff attended the Congressional Sportsmen’s Foundation’s February reception where members of the Congressional Sportsmen’s Caucus were recognized and thanked for their contributions to the conservation community. U.S. House of Representatives members Kind (D-WI) and Ryan (R-WI), co-chairs of the caucus, also welcomed new members to the Caucus and thanked CSF staff for their work.

Canadian Government Approves Income Tax Changes
The Canadian government in December approved legislation to implement a new protocol to the U.S. income tax treaty with Canada. The protocol completes Canada's portion of the approval process. In order for the protocol to take effect, it needs to be ratified by the U.S. Senate. ASA supports ratification of the protocol by the U.S. Senate because the changes will benefit sportfishing companies that have facilities in both Canada and the U.S.