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, Director of Ocean Resource Policy, x230, or Alyssa Hausman , Policy Fellow, x 244.

EPA Petitioned to Ban Use of Lead in Fishing Tackle

CLEAR Act Passed by the House of Representatives

2011 Supplemental Appropriation Bill Includes Assistance for Gulf Fisheries

California Marine Life Protection Act Planning Update

Benninghoven Not Confirmed to California Fish and Game Commission

UASC Launches Ocean Access Protection Fund

Update on the Gulf of Mexico Oil Spill

South Atlantic Red Snapper Fishing Closure Open to Public Comment

ASMFC Proposes to Increase Commercial Harvest of Atlantic Striped Bass

America’s Great Outdoors Initiative Holds Public Listening Sessions

Billfish Conservation Act Introduced to Restore Threatened Iconic Sportfish

Miscellaneous Tariff Bill Lowers U.S. Manufacturing Costs

EPA Strengthens TSCA Inventory Update Report Rule

IRS Notice Provides Guidance on 2009 NOL Carryback Law

EPA Petitioned to Ban Use of Lead Fishing Tackle
On August 23, the Center for Biological Diversity and four other organizations petitioned the EPA to ban lead shot, bullets and all lead in fishing tackle under the Toxic Substances Control Act. The petitioning groups cite the deaths of waterbirds from lead ingestion as their main reason for submitting the document. On August 27, the EPA denied the section of the petition regarding ammunition but is still considering the proposed ban on lead fishing gear. The EPA has opened the petition for public comments; the deadline for these is September 15, 2010. ASA members may comment to the EPA on this petition here.

CLEAR Act Passed by the House of Representatives
On July 30, the Consolidated Land, Energy, and Aquatic Resources (CLEAR) Act of 2010, H.R. 3534 , was passed by the House of Representatives with several key provisions important to marine fisheries resource conservation. The CLEAR Act is a comprehensive energy reform bill, written in direct response to the oil disaster in the Gulf of Mexico with the intention of preventing future disasters and reducing the impacts of any that may occur. The bill includes language that will close loopholes to the oil and gas industry and remove the $75 million liability cap from companies responsible for an oil spill. It establishes the Ocean Resources Conservation and Assistance Fund, which will provide assistance to states, tribes and other regional entities for the conservation and management of marine resources. It also provides for the full $900 million annual endowment of the Land and Water Conservation Fund (LWCF), which is funded through royalties from oil and gas drilling. LWCF provides grants to states and local governments for the acquisition and development of outdoor recreation areas and facilities for public enjoyment. The CLEAR Act was placed on the Senate Legislative Calendar August 4.

2011 Supplemental Appropriation Bill Includes Assistance for Gulf Fisheries
On July 29, the President signed the 2011 Supplemental Appropriations Bill into law.  It included provisions for much needed assistance to fisheries and recreational fishing-dependent businesses affected by the Gulf of Mexico oil disaster. ASA worked with Senator Richard Shelby (R-AL), to include a key amendment in the bill that provides $15 million for fishery-dependent businesses harmed by the spill. The amendment also includes $10 million for an expanded stock assessment of the Gulf of Mexico fisheries, and $1 million for a National Academy of Sciences study of the long-term impacts of the oil spill on the Gulf’s ecosystem. In the House, ASA worked with Chairman Alan Mollohan (D-WV) to assure this critical language was included in that chamber.

California Marine Life Protection Act Planning Update
ASA and the Partnership for Sustainable Oceans (PSO), which represents recreational fishing and boating interests in California, continues to be engaged in the Marine Life Protection Act (MLPA) South Coast Planning Process. On August 18, the California Department of Fish and Game released the South Coast Study Region Draft Environmental Impact Report (DEIR), which assesses potential environmental impacts related to the proposed marine protected area (MPA) network developed by the Blue Ribbon Task Force. The PSO is in the process of reviewing the DEIR and has formally requested an extension of the comment period from 45 days to 90 days, given its inordinate complexity and length. The Fish and Game Commission’s vote for adoption for the South Coast is planned for December.

Benninghoven Not Confirmed to California Fish and Game Commission
Thanks to the efforts of the PSO and the grassroots efforts of thousands of anglers, Don Benninghoven’s appointment to the Fish and Game Commission was not confirmed by the state senate. As a result, as of August 4, 2010, he no longer sits on the Commission. Throughout his one-year term on the Commission, the PSO and other angler and boater organizations, voiced objections to Benninghoven’s bias and lack of objectivity in the Marine Life Protection Act process. California’s governor could appoint a new commissioner at any time.

UASC Launches Ocean Access Protection Fund
United Anglers of Southern California (UASC), a PSO member, has established the Ocean Access Protection Fund to provide the financial support necessary to maintain legal challenges involving the MLPA as well as future threats to recreational access to ocean and coastal waters. Contributors may donate to the fund through the website, www.OceanAccessProtectionFund.org.  ASA encourages contributing to the fund to help fight against unwarranted and precedent-setting sportfishing closures in California.

Update on the Gulf of Mexico Oil Spill
On August 23, oversight of the claims process for businesses affected by the Gulf of Mexico oil disaster was fully transferred from BP to the independent Gulf Coast Claims Facility (GCCF). The GCCF is in charge of distributing the $20 billion BP Deepwater Horizon Disaster Victim Compensation Fund under administrator Kenneth Feinberg. All personal and business claims and supporting documentation that were previously filed with the BP Claims Process have been transferred to the GCCF.  Claimants must file new forms to the GCCF to receive Emergency Advance Payments or a Final Payment for damages or losses. For more information about the new claims process or to file a claim, please visit the GCCF or Disaster Assistance websites. The deadline for filing a claim is November 23, 2010. As of July 15, the oil leak in the Gulf of Mexico has been capped and is no longer releasing oil into the water. Drillers have completed the well’s top kill and are currently performing several tests before initiating the bottom kill, which will permanently seal the well and ensure that no more oil is leaked. This effort is expected to be completed in early September. As of August 20, all state waters that were affected by the oil spill have been reopened to recreational fishing, and approximately 80 percent of Gulf federal waters are open.

South Atlantic Red Snapper Fishing Closure Open to Public Comment
On July 29, the comment period was opened on a proposal that would drastically increase the scope of the current ban on red snapper fishing. The proposed ban will prohibit fishing for red snapper along most of the Southern Atlantic coast and will extend this closure to include all bottom fishing in Georgia and northern Florida waters from 98 to 240 feet. This proposal, which is aimed at reducing incidental catch of red snapper, was created prior to the analysis of new data regarding the red snapper fishery and would have a large negative impact on the sportfishing industry in the southeastern U.S.  Information on the proposal and how to submit comments can be found here. Comments will be accepted until September 27.

ASMFC Propose to Increase Commercial Harvest of Atlantic Striped Bass
In May, the Atlantic States Marine Fisheries Commission (ASMFC) proposed an addendum to the current striped bass management plan, which would increase commercial harvest of the species by 20 to 50 percent at a time when several factors indicate that the population is declining. The ASMFC Addendum could negatively impact the striped bass fishery, as well as the businesses and communities that depend on it. For more information on the proposed addendum and to submit your comments to the ASMFC, please visit KeepAmericaFishing.org. Comments are due on October 1, 2010.

America’s Great Outdoors Initiative Holds Public Listening Sessions
On April 16, President Obama announced the America’s Great Outdoors Initiative, a 21st century agenda for conservation, recreation and reconnecting people with our nation’s great outdoors. The Departments of the Interior and Agriculture, Council on Environmental Quality and the Environmental Protection Agency are hosting a number of listening and learning sessions across the nation to gather public input on the Initiative. For more information on America’s Great Outdoors and to find a listening session near you, please visit the Initiative’s website.

Billfish Conservation Act Introduced to Restore Threatened Iconic Sportfish
On July 21, 2010, Representative John Shadegg (R-AZ) introduced the Billfish Conservation Act of 2010 (H.R. 5804 ), which will prohibit the commercial harvest, sale and importation of billfish throughout the United States. Stocks of these magnificent big ocean fish have been greatly depleted in both the Atlantic and Pacific Oceans as a result of commercial overfishing, primarily from foreign countries, and closing U.S. commercial markets would provide a significant boost towards restoring these prized recreational species. Please visit KeepAmericaFishing.org and send a letter to your House member urging him or her to support the Billfish Conservation Act of 2010.

Miscellaneous Tariff Bill Lowers U.S. Manufacturing Costs
On August 11, President Obama signed into law H.R. 4380, commonly referred to as the Miscellaneous Tariff Bill (MTB). This bill will help reduce the cost of doing business in the U.S. and increase manufacturing exports by reducing or temporarily eliminating tariffs on those materials that are used in U.S. manufacturing but not available domestically. According to a report by the National Association of Manufacturers, the MTB will boost U.S. manufacturing output by $4.6 billion and support about 90,000 jobs.

EPA Strengthens TSCA Inventory Update Report Rule
The EPA has proposed to strengthen reporting rules for chemical companies. This change would result in an increased reporting frequency (possibly annually instead of every five years), an increased amount of information per report (quantity of chemicals produced for each year since last report instead of for only the previous year), and more substantiation needed for a company to file a “confidential business information” claim. On August 19, a letter was sent to Jim Laity, Office of Management and Budget (OMB), to highlight industry concerns about the EPA’s proposed rule. It asks that the proposal be withdrawn and requests that OMB conduct a thorough review and maintain a close oversight of this proposal.  The letter was signed by 22 members of industry, including ASA. For more information on the proposed rule and how to submit comments, please click here. Comments on the proposed rule must be submitted by October 12.

IRS Notice Provides Guidance on 2009 NOL Carryback Law
On August 20, the IRS released Notice 2010-58 , which provides guidance for taxpayers choosing to carry back an applicable net operating loss (NOL) for a period of three, four or five years rather than the usual two-year carryback. The guidance provides answers for frequently asked questions about election guidelines, alternative tax NOL deduction, and the 50 percent limitation on NOL carried back to the fifth preceding taxable year. Notice 2010-58 will appear in Internal Revenue Bulletin 2010-37 dated Sept. 13. For more information regarding the notice, the principal authors, Seoyeon Park and Forest Boone of the Office of Associate Chief Counsel (Income Tax and Accounting), may be contacted at (202) 622-4960.