Recreational Angling Access
The Congressional Sportsmen's Foundation continues to work with its partners in the fishing community to inform and educate key decision makers and integral parties, of the of the societal value of sport fishing in an effort to maximize the conservation benefit of recreational fishing.
The Economic Importance of Recreational Fishing
The huge economic impact of recreational fishing in the US is felt in every state. America's nearly 40 million anglers spend over $45 billion per year on fishing equipment, transportation, lodging and other expenses associated with their sport - that's ten times the amount of all US commercial seafood landings. With a total annual economic impact of $125 billion, recreational fishing supports over one million jobs and generates $34 billion in wages and $16 billion in tax revenues each year.
The American model of fisheries (and wildlife) management is funded through fishing license sales and excise taxes on fishing equipment and motorboat fuel. Nearly $900 million of anglers' and boaters' dollars are provided to the states each year for local conservation and recreation. This important system must be protected to ensure the funding for fisheries conservation is maintained. Its very success depends on angler participation and interest - the opportunity to go fishing. Closing areas to recreational fishing hurts both the local and national economies and cripples fisheries management.
Protecting Your Right to Fish
CSF is leading the fight to preserve your right to sustainably fish on our nation’s waterways. As the voice of the American sportsman, CSF works to keep our public resources – our oceans, lakes, rivers and streams – open, clean and abundant with fish.
Across the country, preventing or limiting recreational anglers’ access to public waters and fisheries is being touted as a new way to manage fish populations. This unprecedented shift undermines the achievements of proven fisheries management methods that focus on conservation and promote sustainable fishing. As a result, the past 10 years have seen a dramatic increase in bans on recreational fishing from the Atlantic to the Pacific, from Texas to Minnesota.
In an effort to combat access restrictions around the country, the recreational fishing community, including the nation’s 60 million anglers are united in the effort to minimize access restrictions, promote clean waters and restore fish populations through public policy, sound science and conservation. We give voice to the millions of American recreational anglers who share one thing in common - a passion for fishing.
There is a fundamental difference between a family enjoying a day's fishing and a commercial fishing crew fishing for profit. This point is often overlooked by those who advocate for no-fishing zones. Conservation organizations, angler groups, the sportfishing industry and others strongly support both conserving our fish and waters while protecting the public's right to access all areas along our nation's coastlines and to enjoy the sport of fishing. These two concepts are compatible.
Many current proposals to restrict recreational fishing are not based on sound scientific evidence. Every angler on the water today is governed by a strict set of regulations that have been proven to conserve fish and their habitats.
Occasionally these regulations do include well-defined, scientifically-based closed areas which are supported by anglers. However, the angling community is not likely to support no-fishing zones when other less drastic, yet equally effective options are available. These bans on fishing not only adversely affect the recreation of 13 million saltwater anglers and their families, but also have significant economic impacts on businesses and communities that depend on recreation and tourism.
The sportfishing community is developing a program to achieve greater balance in the process of closure designation, including better consideration of the science, and a more balanced and thoughtful approach so that sportfishing prohibitions are limited to areas in which they are clearly beneficial to the health of the fishery.
Urge Congress to Support New Legislation that Opens More Federal Lands to Recreational Fishing
The Situation
Lack of access is the primary reason that keeps anglers from enjoying a day on the water. With expanding land development and growing regulations restricting angler access, federally owned lands are more important than ever for recreational fishing opportunity. However, a recent Congressional report concluded that more than 35 million acres of land owned by two federal land management agencies – the Bureau of Land Management and the U.S. Forest Service – have inadequate access for sportsmen and women.
The Solution
The Making Public Lands Public Access Act (H.R. 1997, S. 901), introduced in Congress on May 5, 2011, will increase access to angling, hunting and recreational shooting opportunities on federal lands. The legislation directs that a minimum of $10 million be used to ensure that fishing, hunting and other recreational activities are accessible for these purposes. The funding for access projects such as easements and access roads would come from existing Land and Water Conservation Fund monies that come from offshore oil and gas leases.
This legislation does not seek to increase the amount of land owned by the government, but instead enhances recreational access in existing national parks, forests and other federally owned lands.
Take Action
The Making Public Lands Public Access Act could open hundreds of thousands of acres of federal land to recreational fishing, hunting and shooting.
Efforts to Ban Lead in Fishing Tackle
Over the past decade, efforts to eliminate the sale and use of lead fishing tackle, including sinkers, jigs and more have increased. In fall 2010, the Environmental Protection Agency (EPA) rejected a petition to ban lead in all fishing tackle which would have a significant negative impact on recreational anglers and fisheries resources, but a negligible impact on conserving waterfowl populations, the main reason for the petition.
In 2011, the petitioners filed a lawsuit against the EPA in an attempt to force the ban and have since filed a new similar petition. In response, the Hunting, Fishing and Recreational Shooting Sports Protection Act was introduced in Congress to ensure that any future regulations on fishing tackle are established based on scientific data, not unjustified petitions.
Please ask your Members of Congress to support this important legislation which will provide a permanent solution to the federal lead ban issue.
Background
On August 23, 2010, the EPA was petitioned by the Center for Biological Diversity and four other organizations to ban all lead in fishing tackle and ammunition under the Toxic Substances Control Act (TSCA). This included sinkers, jigs, weighted fly line, and components that contain lead such as brass and ballast in a wide variety of lures, including spinners, stick baits and more. Four days later, the EPA denied the petition for ammunition because it is exempted under the TSCA.
On November 4, 2010, the EPA rejected the petition to ban lead in all fishing tackle. Opposition from anglers was strong; over 43,000 anglers sent comments requesting dismissal of the petition to EPA Administrator Lisa Jackson.
In dismissing the petition, EPA indicated that the "petitioners have not demonstrated that the requested rule is necessary to protect against an unreasonable risk of injury to health or the environment, as required by the TSCA." EPA also cited state-specific actions and the increasing education and outreach activities being undertaken, stating that those actions "…call into question whether a national ban on lead in fishing gear would be the least burdensome, adequately protective approach to address the concern, as called for under TSCA."
The Hunting, Fishing and Recreational Shooting Sports Protection Act
Despite the EPA’s findings that a national ban is scientifically unjustified and outside the agency’s jurisdiction; the petitioners are currently challenging this decision in court and have recently submitted a new similar petition, demonstrating the need to legislatively protect one of our nation’s greatest pastimes from unwarranted and burdensome regulation.
On April 14, 2011, the Hunting, Fishing and Recreational Shooting Sports Protection Act (S. 838 and H.R. 1558) was introduced by the chairs of the Congressional Sportsmen's Caucus - Senators Jon Tester (D-MT) and John Thune (R-SD) and Representatives Jeff Miller (R-FL) and Mike Ross (D-AR). This legislation will prevent a federal ban on lead in recreational fishing tackle by clarifying the Toxic Substances Control Act (TSCA) exemption for ammunition and establishing a similar exemption for fishing tackle. The Hunting, Fishing and Recreational Shooting Sports Protection Act will put an end to attempts to overregulate the recreational fishing and hunting industries and protect the rights of anglers and hunters who choose to sustainably enjoy their sports.
The reasons to support such legislation are:
- The data does not support a federal ban on lead sinkers used for fishing.
- A federal ban of the use of lead in fishing tackle will have a significant negative impact on recreational anglers and fisheries resources, but a negligible impact on waterfowl populations. Depending on the alternative metal and current prevailing raw material costs, non-lead fishing tackle products can cost from ten to twenty times more than lead products.
- A less restrictive ban was proposed in 1992, which the EPA later abandoned after finding that lead had no significant impact on waterbird populations; that the economic impact would be significant; and that the proposed rule was socially unacceptable.
- No Impact on Loons and Waterbird Populations
Substantial threats such as habitat loss, predation, disease and environmental toxins, all have a much more significant impact on waterbird populations than ingestion of lead fishing tackle.Lead is used in nearly all types of fishing. Products made of different metals have significant cost and/or performance issues; some alternatives may even be twenty times more expensive. Before further laws or policies are enacted to restrict the use lead sinkers on our nation's waters, requiring anglers to make costly changes, sufficient data must exist to demonstrate that lost lead sinkers are an actual threat to the sustainability of loons or other wildlife populations. A national ban on the use of lead in fishing tackle will have a significant negative impact on recreational anglers and fisheries resources, but a negligible impact on the loon and waterbird populations that it seeks to protect.
Managing Our Oceans and the Great Lakes
In June 2009, President Obama created the Interagency Ocean Policy Task Force, which was charged with drafting a national ocean policy for conserving and managing the United States ocean territory and the Great Lakes. This complex policy has created significant concern within the recreational fishing community, as it includes concepts that could set the foundation for closing public access and recreational fishing. Sportfishing is an integral part of coastal economies throughout this nation and therefore should be included as a priority in any national ocean policy.
Background
The sportfishing community strongly supports healthy and abundant ocean, coastal and fishery resources which have a direct impact on sustaining vibrant local coastal communities. Sportfishing is an integral part of coastal economies throughout this nation and therefore should be included as a priority in any national ocean policy.
It is a long-standing policy of the federal government to allow public access to public lands and waters for recreational purposes consistent with sound conservation. This policy is reflected in the principles of our wildlife refuges, national forests, national parks and wilderness areas, and should be reflected in a national policy for the oceans and Great Lakes. The ability of recreational anglers to use public marine resources should be as strong as the ability of hunters and anglers to use public lands.
As with any good federal policy decision, discussions about measures that may restrict public access to public resources must involve an open public process, a solid scientific basis and specific guidelines on implementation and follow-up.
The Interagency Ocean Policy Task Force, led by the Chair of the Council on Environmental Quality (CEQ), was given 90 days to develop basic recommendations for the conservation and management of U.S. ocean territories and the Great Lakes and 180 days to develop a comprehensive framework.
Interim Report
The Task Force released its Interim Report on September 17, 2009, which was open for a 30-day public review and comment period. The most obvious problem with the report was the omission of responsibly regulated recreational fishing as a key activity for the oceans and the Great Lakes. This omission triggered a strong response by the recreational fishing and boating community, citing the significant conservation, economic and social contributions made by fishing and boating which should be recognized as a key component of the policy. In addition, the recreational fishing and boating communities believe that the policy was skewed towards a preservationist policy of contracting access to public waters instead of one that promotes sustainable uses such as recreational fishing.
Interim Framework On December 9, 2009, the Task Force released its Interim Framework for Marine Spatial Planning. A coalition of ten of the leading recreational fishing and boating organizations submitted joint comments on the Interim Framework.
Final Report on a New Ocean Policy released in July 2010
On July 19, 2010, the White House's Interagency Ocean Policy Task Force released its final report on a new national policy with the stated goals of ensuring protection, maintenance and restoration of the nation's oceans, coastal areas and the Great Lakes.
The recreational fishing and boating community provided substantial input to the Task Force and advocated that the social, economic and conservation benefits of sustainable use of our nation's public resources, such as recreational fishing, receive priority consideration in the new coastal and ocean management policy. Anglers and boaters sent over 60,000 emails to the Task Force, CEQ and the National Oceanic and Atmospheric Administration (NOAA), stating their concerns and urging these agencies to include recreational fishing as a priority activity in the national ocean policy.
Following the release of the new report on July 19, 2010, President Obama issued an Executive Order to implement the policies in the report. The Executive Order included the creation of a National Ocean Council (NOC) to guide the implementation of the national ocean policy and nine regional advisory committees to advise the development of regional coastal and marine spatial plans.
While the final report acknowledges the importance of promoting recreational fishing and stewardship as an important national ocean policy objective, there are still many unanswered questions about how recreational interests will be incorporated in the process of allocating areas of the oceans for specific uses and what level of priority recreational activities will receive. Therefore it is vitally important for the recreational fishing community to become involved as the policy moves into the planning process at the regional level. CSF will continue to keep anglers engaged and up-to-date on this issue as it moves forward.
Improving Federal Marine Fisheries Management
The National Oceanic and Atmospheric Administration’s Marine Fisheries Service (NOAA Fisheries), a division of the Department of Commerce, is charged with managing our nation’s saltwater fisheries in federal waters. In 1976, the Magnuson-Stevens Fishery Conservation and Management Act (MSA) was enacted to guide federal fisheries management and promote marine conservation. The act has since been amended in 1996 and 2006.
Despite significant efforts to improve federal marine fisheries management during the most recent reauthorization of MSA, there are currently dramatic lapses in fisheries data and science that will likely result in large-scale fishery closures. The Fishery Science Improvement Act will provide NOAA Fisheries with the time and resources to end overfishing without imposing unnecessary fishery closures. Without this needed Congressional action before the end of 2011, overly restrictive catch limits will be put in place on many important recreational fisheries that could result in massive fishing closures
Background
During the 2006 reauthorization of the MSA, important amendments were made that were intended to drive NOAA Fisheries to more effective marine fisheries management and stock rebuilding. While the intentions behind the reauthorization of MSA were aimed at better marine fisheries conservation, it has become apparent that NOAA Fisheries was not prepared for a law that mandates all our marine resources be managed to end overfishing by 2010 and 2011.
However, NOAA Fisheries is implementing the statute in a way that is unnecessarily shutting down sustainable recreational fisheries, primarily by:
- Applying annual catch limits (ACLs) to each individual stock of fish, including many that do not have accurate, up-to-date stock assessments; and
- Shutting down entire multispecies fisheries, including healthy and valuable recreational stocks, in order to rebuild weaker stocks.
While regions across the country are laboring to meet the requirements of MSA before the end of 2011, this challenge is most acute in the Southeast. The South Atlantic and Gulf of Mexico are home to a multitude of complex fisheries and have historically received disproportionately low funding for science and data collection given the number of fish stocks and anglers in the region.
The Solution
The recreational fishing community has worked with Members of Congress to introduce legislation in the 112th Congress – the Fishery Science Improvement Act (FSIA, H.R. 2304/S. 1916) – which will guide federal fisheries management towards a more science-based approach and prevent NOAA Fisheries from setting arbitrary and overly-restrictive catch levels on numerous important recreational fisheries.
The FSIA provides a timely path for NOAA Fisheries to manage all of America's marine fish stocks based on sound scientific data and better ensure a future for our marine resources and a future for recreational angling. For more information, view the FSIA Factsheet 12-2011.
Send a message to your Members of Congress in support of the Fishery Science Improvement Act and help ensure a better future for our marine fisheries resources and a future for recreational angling.