National Ocean Policy Improved, But Still Threatens Recreational Fishing

I haven’t posted about this administration’s National Ocean Policy in awhile. But it still poses a threat to the future of recreational fishing.

That’s because those driving its implementation  refuse to acknowledge public access to fishing and other outdoor recreation as a priority.

The American Sportfishing Association says this:

“The sportfishing industry supports the improvements in the administration’s final Implementation Plan for its National Ocean Policy but still has concerns that the social, economic, public health and conservation benefits of recreational uses of our nation’s public resources did not receive the priority consideration that it deserves.”

And this:

“In the ‘plus’ column, the industry is pleased to see the heightened emphasis on the role of state agencies in any kind of marine planning connected to the National Ocean Policy and the explicit statement that regions choosing to opt out of NOP-directed marine planning can do so,” said ASA President and CEO Mike Nussman.

“ASA is disappointed that the NOP failed to include a broader and more pronounced acknowledgment of the need to designate public access to fishing, boating and other recreational activities as priority uses, consistent with the administration’s ‘America’s Great Outdoors’ initiative.

“Nussman further said, ‘We welcome the plan’s emphasis on better science and data. ASA will continue to press for more pronounced prioritization of fishery data as well as socio-economic data that more clearly reflects who is tapping our ocean resources, their actual impacts on the resources and the economic engines they are fueling.’”

Read more here.

Politics Keeps Us Off the Water

What the heck is this?

It's a red snapper caught by the people who operate Apex Fishing Charters in Louisiana.

That thing behind the lady with the fish? An oil rig.

The feds --- the thoughtful nameless men and women who are protecting these beautiful fish by keeping us off the water 99 percent  of the year --- are also blowing up three of them a week. And killing 30,000 pounds of snapper every week.

Read The Politics of Red Snapper at The Online Fisherman to learn more.

Court Rules EPA Acted Illegally in Pushing Ethanol

Finally, the courts are starting to rule against illegal --- and unconstitutional --- behavior by the Obama Administration and one of those judgments should have anglers and boaters cheering.

First, a federal appeals court ruled that President Obama exceeded his constitutional authority when he made three recess appointments to the National Labor Relations Board.

Also, the court decided on the same day that the U.S. Environmental Protection Agency abused the law with “an unreasonable exercise of agency discretion” in pushing an ethanol agenda that is costing citizens millions of dollars annually, as the inefficient biofuel damages or destroys boat, car, and other internal combustion engines.

Or, as the Wall Street Journal put it:

“Ethanol is one of the only products in history that Congress subsidizes and mandates at the same time. That sounds pretty generous. Yet now a federal court has ruled the Environmental Protection Agency is illegally giving the lobby extra benefits that Congress never intended. That takes some work.”

Read more here.

Architect of Catch Shares Leaving NOAA

Dr. Jane Lubchenco is stepping down as administrator of the National Oceanic and Atmospheric Administration. She orchestrated the attempt to privatize a public resource --- saltwater fisheries --- through a scheme known as Catch Shares.

The Washington Post provides this vanilla assessment:

“Still, Lubchenco was praised Wednesday by the Ocean Conservancy. 'Dr. Lubchenco and NOAA were quick to respond to the BP Deepwater Horizon oil disaster and continue to play a pivotal role in ensuring that the Gulf region, including the marine ecosystem, is restored,' said interim president and CEO Janis Searles Jones.

“Lubchenco also oversaw in 2010 the controversial transition to a new fishery management system in New England that allots fishermen individual shares of the catch, which they pool and manage in groups.

“The system aimed to give fishermen flexibility to fish when the market and conditions were good, and free them from being restricted to an ever-dwindling number of days they were allowed to fish. And it pleased environmentalists because it established hard, enforceable catch limits to better prevent overfishing.”

The Gloucester Times was a little more on target:

“Her departure from the Obama administration will end a four-year regimen that promised revitalization of the fisheries via a new economic system based on privatization known as Catch Shares but instead produced a declared fisheries disaster in the Northeast and a spontaneous resistance by industry all along the Atlantic and Gulf coasts.

“Finding her style to be imperious and rigid, U.S. Congressmen John Tierney, Barney Frank and Scott Brown were united in calling for the president to replace Lubchenco by mid-2010.

“Fishermen were galvanized by dislike for her personality and policies — especially the commodification of the groundfishery, which has been in a steady decline since her appointment — and held national rallies at the Capitol in 2010 and 2011 that drew more than two dozen members of Congress.”

This could be interpreted as good news for both commercial and recreational anglers. But the reality is that President Obama has four more years and the person whom he appoints to replace Lubchenco likely will be just as bad --- or even worse.

Administration Ignores Congress, Pushes Ahead with Plan to 'Zone' Public Waters

A final version of the National Ocean Policy (NOP) Implementation Plan likely will be released sometime soon, even as the Obama Administration continues to ignore requests from Congress to provide documents and information before finalization.

The NOP’s stated intent is “marine spatial planning.” In other words, unelected bureaucrats will “zone” uses of our waters, telling us where we can and cannot fish. It will commence with oceans and the Great Lakes, but wording in previous documents clearly shows that the NOP’s reach will extend far inland to rivers, reservoirs, and lakes.

Of course, the best way to stop this Big Government freight train that will restrict public access to public waters is to vote out the Obama Administration in November.

Until then, many in Congress continue to demand accountability regarding the NOP and its implementation.

In an Aug. 15 letter to NOP bureaucrats, Rep. Doc Hastings, chairman of the House Natural Resources Committee, says this:

“More than two years have passed since President Obama unilaterally issued a new National Ocean Policy that created an expansive federal bureaucracy to manage ocean activities and resources without any specific Congressional approval, and more than eight months have passed since a draft plan was released containing more than 50 proposed actions for implementing the National Ocean Policy and mandatory zoning of the ocean and coastal areas.

“Despite this passage of time, Congress and the American public are still left questioning the legal justification, regulatory burdens, funding sources, and economic impacts of the National Ocean Policy.

“Since last year, a number of specific questions and requests for information have gone unanswered. Based on the lack of specificity in earlier responses and the failure to provide all of the requested information and documentation, it seems apparent the Administration is intent on avoiding scrutiny of its plans to establish this new federal bureaucracy to manage economic and recreational activities affecting the oceans, including those occurring far inland.

 “It is imperative that the National Ocean Council provide the long-requested information before the draft implementation plan is finalized.

“In response to an October 2011 request for a summary of the legal  authorities to support the National Ocean Policy's proposed ocean zoning initiative, Chairwoman Sutley responded with only vague generalities that the President's actions were in  line with the Constitution and numerous environmental laws. 

“However, in none of the laws cited did Congress authorize the President to establish this new federal bureaucracy to manage ocean activities or recourses or to create new regulations and policies that could close off parts of the ocean and stifle American job creation.”

In documenting the Administration’s failure to cooperative with Congress, Hastings also said this:

 “It is troubling that your agencies have to  date refused to provide the requested information or comply with the document production instructions attached to the original February 23  letter, notwithstanding President Obama's stated commitment to create ‘an unprecedented level of openness in Government.’

“The previously requested information is necessary for Congress to understand the activities and funding of the National Ocean Council, and whether certain ocean advocacy organizations have had undue influence over the development and implementation of the National Ocean Policy at the expense of commercial and recreational ocean users whose livelihoods is at stake.”

While I admire Hastings and others in Congress for continuing to confront this issue on behalf of the American people, it is obvious that the Obama Administration is following the agenda of non-government environmental groups that believe in preservation instead of conservation.

And if this President is re-elected, he will implement the NOP through executive fiat, as he continues to thumb his nose at Congress and the Constitution.

Please think about that when you go to the polls in November.