There was a lot of chatter on the forum this week regarding last week’s column on NY’s dropping of the saltwater license proposal. In light of these posts, there seems to be several misconceptions regarding the saltwater license issue. For clarification purposes, the following are a few facts. Because poaching seems to be an issue which generates some interest as well, in next week’s column we’ll address the poaching problem what’s being done about it and how those of us who are sick and tired of it can work towards eradicating it.
<Editors note: I've added a discussion thread for this report on our forum here - http://www.reel-time.com/forum/showthread.php?t=40672 -share your views on this subject!>
Fact #1: Saltwater license revenues, as with every other state with the fee in place, will not go into the general fund as many suspect it will. In New York, there two laws that address this issue:
1. Sec. 83 of the New York State Finance Law creates the Conservation Fund to receive revenue from sporting license sales, and specifies what revenue in the Fund may be used for ("the care, management, protection and enlargement of the fish, game and shell fish resources of the state and for the promotion of public fishing and shooting"....).
2. The Federal Aid in Sportfish Restoration and Wildlife Acts include provisions that states who accept these federal grant funds (aka Dingell/Johnson-Wallop/Breaux and Pittman/Robertson) may not divert funds from their in-state sporting license sales to purposes other than fish and wildlife conservation. The specifics of this requirement are contained in federal regulations that implement the two laws: 50 CFR Part 80.4.
Every penny of the freshwater license in NY goes directly into the DEC’s Conservation Fund as it would with the saltwater license. Any diversion of those funds would be a violation of New York Sate law. Under the Wallop-Breaux sportfishing tax (we all pay a 10% surcharge on bait, tackle, marine fuel etc.) if a state does use saltwater license money for purposes other than fisheries or wildlife related projects,
and such use is disclosed in a federal audit, they will not only lose millions in federal matching funds, but will be required to return money previously allocated to them. A recent example of this can be found in the state of MA. Funds from the freshwater license were in fact diverted, but the feds came in and every single penny was returned.
Fact #2: Having a license will improve recreational fishing data. A saltwater license in NY would have most certainly helped avoided disputes like the one we had with fluke this year. A license would provide a list of registered anglers that phone surveyors could call, eliminating the need for telemarketers to dial randomly in an attempt to find a home where someone has taken a fishing trip in the previous two months. At the least, it would provide data that might impeach seemingly excessive Marine Recreational Fishing Statistics (MRFS) participation figures At the most basic level, a license would generate the funds needed for a state to bring its data collection in house, increase the number of intercepts and so increase the precision of the survey. Still, oddly enough, some of the biggest critics of MRFSS data are also the biggest opponents of a salt water license.
Fact #3: A saltwater license will bring anglers more clout.
In states where a saltwater license does exit approximately 80% of the managing agency’s funding comes from recreational fishing licenses while about 20% comes from the commercial side. In all states with a saltwater license the recreational community takes care of the lion’s share of a managing agencies funding. Therefore managing agencies have a reason to ensure that there are enough fish and suitable habitat as well as plenty of access to keep anglers happy and buying licenses annually. As the agencies get more and more dependent on the money a license generates, anglers wielding the threat of not buying a license, also wield more political power. Hence the power of the sunset clause written into the New York proposal.
It’s very telling that in North Carolina, A state where a saltwater license bill just got passed, commercial spokesmen came out firmly against the bill. In the November 2003 issue of the National Fisherman, Jerry Schill, head of the state’s largest trade and lobbying group for commercial fishermen, is quoted as saying, “Look what happened in the other states… Look what the CCA has done with that license when it’s been put in place. In some states you’ve got fish that have been given “game fish” status, taken off consumers’ plate. In other states, gillnet bans. And in Florida, they got the ultimate: a commercial net ban.” I couldn’t have said it better myself. A saltwater license becomes a valuable bargaining chip and that’s why commercial fishing operations have opposed it. The commercial fishing industry doesn’t want legislators to understand how many anglers there really
are. If there is a solid number of documented license-fee-paying-anglers in a state (and not a weak and un-provable estimate) those voting anglers are most certainly going be paid attention to.
A license also allows angling advocacy groups to make an inequity argument that cannot be made in states without the license. Because the states that do have a saltwater license pay a much bigger share of the managing agency’s funding then the commercial industry, then these groups can argue for a split where they are entitle to a larger share of the resource than the commercial side.
The argument can be made that New York party and charter boat captains who pay a license fee don’t have much clout… True… But they’re not 500,000 strong either, and the money these charters licenses generate doesn’t amount to much… In fact it’s negligible fraction of the DEC’s budget and doesn’t even come close to the commercial license fees. It’s also a tiny fraction of what a recreational license would amount to.
Despite all this, the “no new tax” cry is a very strong one and I still believe that most anglers just don’t understand the benefits. In states where a saltwater
license exists it’s widely accepted by the public. There’s no doubt that they don’t have the poaching problems that we do. If you expect fisheries to be managed for the benefit of fishermen, recreational or commercial, what is more natural than to have those who benefit from such management pay a "user fee"? After all, why should golfers on public courses pay both greens fees and a portion of taxes for fisheries management? Such pay-to-play arrangements are perfectly fair and reasonable. Unfortunately, for the time being, the option has been taken off of the table in New York. But it’s highly likely that it will resurface again in the next few years… Perhaps, with enough outreach and education on the subject, folks won’t be so adverse to the idea.
Now… Let’s get on to the reports…
More wind this week… But if you could stand the sometimes bitter cold and didn’t mind pulling a fly out of the back of your jacket every now and then, the action was pretty good in most places. All along the Jersey Shore, the action was spectacular this week with monster blues and bass lazily slurping through both rain bait
and peanut bunker. When the wind sat down, which unfortunately wasn’t much, Sandy Hook to Breezy Point, as well as all the hot spots in between, held blitzing schoolies and bluefish under birds. The bait was a mix of spearing and peanut bunker. Blitzes, at times, were of the Montauk proportions. Raritan Bay fished well also. Big fish were taken right outside of Great Kills. Jamaica Bay was surprisingly tough this week. The bite, if it happened at all, seemed to be in the early morning or late afternoon… Uncharacteristic for this time of the year. The South Shore of Western Long Island was filled with hungry migrating bass and blues. Just break the inlet and look for birds was all you had to do. The North Shore was the same. Out East, the great herring run has begun. Even more so than other areas, wind has been a big issue here.
Guess what??? Even more wind this weekend… Bummer!!! Oh well… I know you guys will be out there anyway… Dress warm and catch fish!