Click here to watch the “Wildfire Maine” interview with David concerning the salt water fishing license debate.
Saltwater Fishing License Must Be Stopped!
Posted by Tom Remington January 15, 2009 on the “Blogging the Maine Outdoors” website
*Update* Mar. 9, 2009 –
Maine Senator David Trahan needs your help!!!!
On Thursday January 22nd, 1:30 p.m., in Legislative Council Chambers, 3rd floor of the State House, Sen. Trahan (R-Waldoboro) will testify on his Resolution to Congress expressing the Legislatures opposition to the adoption of a saltwater fishing license. The Resolution will reinforce state sovereignty rights, express support for responsible collection of information, but clearly state Maine’s total opposition to any salt water fishing license requirement.
The Resolution is the first step that Sen. Trahan will take in his effort to block any attempt by Congress to require the new license. Immediately after the Maine resolution, Trahan will launch a nationwide campaign, reaching out to every state in the nation with a saltwater fishery asking them to adopt a Resolution and enlist the support of their Congressional delegation to defeat this new federal mandate.
Senator Trahan will also work with Maine’s Congressional Delegation requesting their support in stopping this unwarranted intrusion on State Sovereign Rights.
Senator Trahan will need your help. In order for the Legislature to debate the Resolution in Maine, the Legislative Council must approve it for introduction. Legislative Council is made up of Republican and Democrat leadership. Republicans have already indicated initial support so Democrat votes are essential to achieving enough votes for approval. Please call or e-mail Legislative Council members and encourage them to allow a debate on this effort and join in the effort to fight for Maine people and their Sovereign Rights.
Salt Water Fishing License Testimony delivered in the Maine Senate in 2010
It isn’t often in one’s political career that he or she can point to a specific moment and say, “with this vote, I blocked the taking of a freedom.”
Today is that day for me.
Make no mistake, if we vote to pass LD 1432, even in the amended form, we will take away a freedom and right – a right to fish the ocean that has existed from the founding of the state of Maine and for one purpose, money.
Proponents say we must pass a state license or the federal government will charge $15-$25 for the federal registry and all the money will go into the Federal Treasury.
This statement leaves out several critical points.
The $15-$25 dollar estimate is just that, an estimate. According to the National Oceanic and Atmospheric Administration’s words on their Website, quote, “the proposed rule included a conservatively high estimate of the annual fee based on current estimates of the annual fee.” end-quote.
NOAA further states, “a registry fee also establishes an incentive for states to take necessary action to be designated as exempted states.” In laymen’s terms, NOAA jacked up the estimated costs to extort states into adopting saltwater licenses.
According to NOAA spokesman Gordon Colvin, in his testimony before the Marine Resources Committee this session, the $15-$25 dollar estimate could be much lower and early this fall, NOAA will have an actual fee established. This fee according to NOAA rules can only reflect the cost of administering the registry and can not include money for enforcement or conservation. NOAA can only establish a fee to cover the actual cost of collecting data on who is fishing in Maine. NOAA officials have made it very clear that the only purpose for the federal registry was to collect better data and replace a failed phone survey system that was both random and inefficient. That data included contact information like name address and phone number. If a state wanted to be exempt from the new requirement they could adopt an equivalent registry or a license. Supporters of a license seized on this piece of the federal registry to expand beyond the minimum requirements for basic information and create a full-blown state license.
It is important to note that whether a state adopts a license of its own or not, NOAA will pay for all fishermen surveys regardless of whether the data is collected by them or the state.
So, members of the Senate, the only money staying in Maine under an equivalent state registry or license is money to run the data collection process or if a state goes beyond what is required as this bill does. Given NOAA has already established, paid for and is running this data collection process, there is no need for us to do it at this time, There is no deadline for states to create a registry or license. Early this fall we will know what the charge is, if the fee is too high, Maine can act in January of next year.
Proponents of the license claim that Maine’s Marine Patrol will have to enforce the Federal Registry taking precious resources from commercial fishermen.
This statement is false. According to Gordon Colvin, our Marine Patrol will not have to enforce the registry; instead NOAA has other options, including the Coastguard. Furthermore, NOAA could increase funding to our Marine Patrol for this purpose through a mutual enforcement agreement they negotiate periodically. But, by no means can they force us to do so.
Finally, proponents claim that saltwater fishermen whether targeting anadromous fish, (stripers, smelts, etc.) or non-anadromous fish, (mackerel, bluefish, etc.) must register to fish in saltwater.
This claim is also absolutely unfounded in statute or rules. In NOAA’s own words in the comment section of the rules process clarifying this point, I quote NOAA”s own words, “NMFS cannot require all anglers fishing in state waters to register.” Forbes Darby, Chair of NOAA’s communication and education committee inadvertently revealed this point in an e-mail dated 2/22/2010, quote, “if you’re fishing exclusively for mackerel in state waters, then you wouldn’t need to register.” Proponents of a license, including Gordon Colvin from NOAA were quick to pounce on Forbes Darby as this e-mail severely weakened the Feds position. In anticipation of this retraction, we obtained this statement from veteran NOAA fisheries Special Agent, Christian J. Schoppmeyer, dated after the retraction, quote, “for further clarification given the fact that you are exclusively targeting Atlantic mackerel in state territorial waters, according to the requirements of the Federal Saltwater Angler registry Program, you wouldn’t need to register.” I will let you decide who is telling the truth, lifelong bureaucrats tasked with pressuring states to comply with the new mandate or a high level experienced enforcement officer for NOAA.
Defeating LD 1432 and going with the federal registry means tens of thousands of people targeting non-anadromous fish will continue to fish for free, more importantly, we will have made it clear that we are not ceding authority over our three mile sovereign waters to a federal bureaucracy.
Last year, LD 1432, a no-charge Registry, legislation I sponsored won an ought-to-pass vote from the Marine Resources Committee. At that time LD 1432 was a pure, no-charge registry. That is no longer the case. Supporters of a state saltwater license turned that bill completely on its head and replaced it with what is in front of you today.
It is truly sad the lengths that supporters have gone to establish the precedent of a paid saltwater license. The amendment before you know is an enforcement and policy nightmare. There are countless exemptions and different fees all in an attempt to secure enough votes for passage, unfortunately, what is lost is fairness. Any license should be fair and distribute the burden of cost across all user groups.
The reason LD 1432 is a mess is because the clear majority of Maine people do not want a license and that opposition is reflected through their elected Representatives and Senators. Exactly how our system of government is supposed to work, no candy coated version of this license that charges will change that fact.
The new amendment still charges a fee to fish for the vast majority of fishermen and establishes a license sale structure as well as a $100 fine for not possessing a license.
LD 1432 also funds 13 positions, including enforcement, and conservation programs. Ten of the DMR positions are current positions in the Kennebec Hydro Developer Group, (KHDG) agreement to restore anadromous fish passage after the removal of the Edwards Dam. That one-time funding from the late 1980’s agreement is scheduled to run out in 2012. Marine Resources officials did not reveal this key point until the fiscal note on this bill was finally printed. It is not clear how funding the current positions helps recreational fishermen statewide.
The positions fund fish restoration on the Kennebec and Sebasticook rivers. Has anyone evaluated how well this program performed? Has it met its intended benchmarks or has it merely spent the money?
The other 3 positions include one full-time and two part-time Marine Patrol officers. The positions already exist, the only difference in future enforcement at DMR is that they will be funded with revenue from this bill. It is important to note that when Massachusetts established a full-blown license they hired no new enforcement.
Has anyone considered the fact that the Marine Resources Department and the committee that oversees it were created to serve commercial fishing interests and that creating a recreational fishing program within that agency is a duplication of services now being provided by Inland Fisheries? Do we really need new biologists, licensing and enforcement? Shouldn’t we examine how to restructure the duplication in services in these two agencies before funding the 13 employees?
LD 1432 is stunningly poor policy in several other ways. This new saltwater license, unlike a freshwater license, exempts Guides and their passengers from paying the license fee. Imagine if freshwater fishing or hunting guides and their clients were exempt from buying a license the cries from the sportsmen would be deafening.
LD 1432 also exempts commercial smelt operations and their customers. Under LD 1432’s original draft, a no charge registration system that collected contact information was established, such an exemption is appropriate because an alternate reporting system is created and there was no charge, but this bill collects a fee for conservation, administration and expanded enforcement. It further establishes that it is a violation of law to fish without a license.
Commercial guides and smelt operations place the greatest pressures on the resource. Some smelt operations have hundreds of shacks with round the clock shifts changing fishermen every 6 hours. In contrast, a Maine resident who fishes even once a year will shoulder the burden of buying a license and funding the entire license system.
The cost of the license in LD 1432 was originally $15 for residents. Supporters of the bill in committee could not get support for the higher charge and reduced it to $5 and now even less. Does anyone here believe it will remain at this rate? Let us be honest, the bill before us is just a foot in the door and in the very near future the cost of the license will be much higher.
If the real reason to impose the license was to improve conservation than this proposal before us fails miserably.
Let the Feds have their unpopular mandate. What we need to do as Legislators is to fight for the people who elected us, the people of Maine who don’t want this new license — we should listen to them.
David Trahan for Maine 