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The Right's War Against Public Trust Fishing Rights

by: Dan Bacher

Wed Mar 10, 2010 at 18:05:38 PM PST


There has been a plethora of right wing talk show host coverage of Obama's so-called "ban on fishing" this week. I find it ironic when folks like Limbaugh and Michelle Malkin, who have wholeheartedly supported administrations that have crushed our fishing rights and instituted massive fishing closures, are now speaking up for the "poor fishermen." What hypocrites they are!

Even more ironic, Sean Hannity and other talk show hosts have collaborated with corporate agribusiness and astroturf groups such as the Latino Water Coalition to promote a propaganda war against salmon and salmon fishermen in a cynical campaing to export more water from the California Delta. These right wingers are the enemies of everybody who fishes and wants to see restored fish populations.

Below is my November 2008 article on the unprecedented anti-fishing, anti-fish policies of the Bush and Schwarzenenegger administrations. Everybody should read this to put this so-called "ban on fishing" into perspective. Unfortunately, Obama's environmental policies towards fish restoration appear to be picking up where Bush left off, particularly in his convening of the National Academy of Sciences panel to review the salmon and Delta smelt biological opinions under pressure from Senator Dianne Feinstein and corporate agribusiness.

Below that is a response from Media Matters about the alleged "fishing ban."
http://www.americanchronicle.c...

Bush, Schwarzenegger and the Wise Use Movement: The Crushing of Public Trust Fishing Rights

November 03, 2008

by Dan Bacher.

The ripping away of public trust access to our waterways and ocean waters by extreme property rights folks and the Bush and Schwarzenegger administrations is something that many sportsmen don't seem to understand. I get sick and tired of some ill-informed sportsmen who point to "animal rights groups," "environmentalists," and "liberals" as the reason why we are seeing more and more areas closed to fishing, when it is the two state and federal administrations that are in power at this time, along with their buddies in the "wise use" property rights movement, that are actually responsible.

Unfortunately, some of the larger, corporate funded environmental groups have served as collaborators with the Bush and Schwarzenegger regimes in instituting no fishing zones along the coast in an egregious example of federal-state-environmental green washing. However, if you actually review the history of fishing closures in California history, the Bush and Schwarzenegger administrations have consistently been the biggest proponents of closures and no fishing zones off the California coast.

The Marine Life Protection Act was passed by a Democratic-dominated legislature, but it is Schwarzenegger, a Republican, that has fast-tracked this process. Most sportsmen aren't opposed to Marine Protected Areas (MPAs); they are opposed to the inequitable and hasty manner in which they have been imposed. MPAs under the Schwarzenegger only "protect" areas of ocean from recreational and commercial fishermen, a largely redundant and punitive effort since salmon fishing is completely closed this season and rockfishing is severely restricted to certain depth areas and seasons by the Pacific Fishery Management Council. At the same time, these MPAs do nothing to cause the declines of fish caused by pollution or help stop future oil and chemical spills from taking place!

Meanwhile, Schwarzenegger has consistently vetoed fishery restoration passed by the Legislature and pushed for the destruction of Central Valley salmon and Delta fish populations by building a peripheral canal and more dams to bail out subsidized corporate water contractors.

Although certain environmental groups support "no fishing" zones in the state's ocean waters, I would argue that the greatest threat to public fishing access is the anti-fishing rights policies of the Bush and Schwarzenegger administrations, as well as the ascendency of the lunatic fringe of the "wise use" property rights movement.

Just look at this year's unprecedented salmon closures in California and Oregon ocean waters and Central Valley rivers. Politically manipulated Bush administration biological opinions, coinciding with Department of Water Resources failures to observe the provisions of the Endangered Species and Clean Water Acts, resulted in massive increases of export pumping and the loss of thousands of thousands of salmon smolts. The DFG's failure to put the salmon in acclimation pens, combined with bad "ocean conditions," produced the "perfect storm" leading to the salmon collapse.

In 2006, the Bush administration, not "liberals" or "environmentalists," tried to close down all recreational and commercial salmon fishing on the ocean off California and southern Oregon, due to the alarmingly low numbers of Klamath River fall-run chinooks. To add insult to injury, these closures were the direct result of the Karl Rove-instigated fish kills of 2002. Fortunately, massive outcry by West Coast Democratic Congressmen and sportfishing and commercial fishing groups allowed anglers to have a season that year, although commercial fishermen were severely limited.

At the same time, right wing property rights fanatics, through compliant Sheriffs Departments and District Attorneys and the anti-fishing zealots in the federal and state governments, have closed off vast areas of public trust access on levees to bank fishermen on the Delta and Sacramento River - in direct violation of the California Constitution.

According to the California Constitution, Article 1, Declaration of Rights, Section 25, "The people shall have the right to fish upon and from the public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the State shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shall ever be passed making it a crime for the people to enter upon the public lands within this State for the purpose of fishing in any wate containing fish that have been planted therein by the State; provided, that the legislature may by statute, provide for the season when and the conditions under which the different species of fish may be taken."

This right is also guaranteed in Article 10, water, Section 4, "No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be always attainable for the people thereof."

Since 2001, the Bush administration on the federal level and Governor Gray Davis, succeeded by the even more anti-fishing Schwarzenenegger administration in 2003, have closed more fishing areas and destroyed more fisheries than all of the previous administrations, Democratic and Republican, combined.

Fishing closures that have taken place under the Bush and Schwarzenegger administrations include the following:

• The complete closure of the continental shelf in federal waters to rockfishing, due to federal and state mismangement of the groundfish fishery for nearly a decade by the PFMC.

• The adoption of severely restricted fishing seasons for rockfish, lingcod and greenling in recent years, along with early closures this year and last based on the rebuilding paradox: canary and yelloweye rockfish are rebounding, so anglers have more contact with them!

• The fast tracking of the MLPA process by Schwarzenegger, resulting in massive no fishing zones off the Central Coast, and looming closures on the North Central and South Coasts.

• Increasing closures of bank fishing access on roads, maintained with public funds, on levees along the Sacramento River and throughout the Delta. This started with the closure of the Sacramento River below Freeport and the closures have expanded to include vast areas of public trust access to navigable rivers in Solano, Yolo, Contra Costa and San Joaquin counties. Local reclamation districts, in collaboration with state and federal governments, have fenced off vast tracts of land on the Delta. The Prospect Island fish kill of November 2007, when tens of thousands of striped bass, Sacramento blackfish, Sacramento splittail and other species perished after a levee repair by the Bureau of Reclamation, occurred on federal land that was closed to public access and would probably not have been exposed unless two duck hunters had trespassed on the land.

• Illegal denial of public fishing access by "wise use" property rights advocates on the Cosumnes, Mokelumne, Calaveras, Stanislaus, Tuolumne, Merced and San Joaquin rivers - and numerous other streams throughout the state. The massive evisceration of public trust fishing rights, a gross violation of the California Constitution, has been engineered by local and regional water districts and agencies in collaboration with the state and federal governments.

When all is said and done, these closures have much less to with "preservation" or "conservation" than they do with corporate and agribusiness greed and the desire of corrupt politicans to get the stewards and watch dogs of the environment, anglers like you and me, off the water! Where is the outrage when our fishing rights are being trampled upon everywhere we look?

From Media Matters:

Right-wing media eagerly spread absurd claim that Obama plans to "ban sport fishing"

Following the lead of an ESPNOutdoors.com opinion writer, who provided no evidence for his claim that a federal strategy "could prohibit U.S. citizens from fishing," right-wing blogs have advanced the outlandish charge that Obama "wants to ban sport fishing." These media outlets cited the Interagency Ocean Policy Task Force's interim report on coastal and marine planning, but the task force has proposed nothing of the sort.

Full text here: http://mediamatters.org/resear...

Dan Bacher :: The Right's War Against Public Trust Fishing Rights
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do the fish care who kills them? (0.00 / 0)
FYI, Rockfish are extremely slow growing, and it will be many more  years before they may be safely fished off most of the California coast, commercially or not. Most of their breeding habitat has been destroyed by commercial fishermen. But I'm not so convinced about your other points, either. Just because some fanatics back something does not mean the whole idea is idiotic. I love to fish. There is no shortage of places to fish for free on public waters, especially if someone is willing to get out of their car. A salmon or steelhead in an endangered population does not care whether it is killed by a nice person or an evil farmer.

Closures Without Real Protection Are the Neocon Way of "Managing" Fisheries (0.00 / 0)
First, I have spent 27 years of my life fighting for the restoration of endangered salmon and steelhead and other fish populations. I am completely for fishing closures to protect endangered and threatened species. I have gone to many Fish and Game Commission meetings supporting closures and restrictions to protect imperiled fish populations.

The problem is that we have to restore the habitat and water problems that have have led to these fish population collapses. Instead, the federal and state governments, under Republican administrations, engineered these collapses by exporting massive amounts of water from the Delta. Closing fisheries - and not solving the problems that led to the declines - is ideologically the neo con, right wing path to "managing" fisheries.

Second, fishing for species that are in abundance in Delta and Central Valley waters, such as catfish, black bass, bluegill and rainbow trout, should be allowed. Unfortunately, I have seen vast sections of rivers close to public access in Central and Northern California, due to a campaign by right wing property rights activists to remove fishermen and other recreational users from the water. You apparently are not aware of all of the closures to bank access in the Delta and on Central Valley rivers.

Third, regarding groundfish populations, a landmark study published in the July 31 issue of Science magazine reveals that the California Current ecosystem has the lowest fishery exploitation rate of any place in the world examined by co-authors Ray Hilborn and Boris Worm and 19 other scientists.

"The drastic reductions in harvest in California have been designed to rebuild the overexploited rockfish stocks," said Hilborn. "At present the community of groundfish is now at about 60% of its unfished biomass, far above the 30-40% level target for maximum sustained yield."

Dr. Hilborn, a professor at the School of Aquatic and Fishery Sciences at the University of Washington, and the other authors of "Rebuilding Global Fisheries" say that efforts made to reduce overfishing are succeeding in five of ten large marine ecosystems studied, including those in California, New Zealand and Iceland. Their study puts into perspective recent reports predicting a "total collapse" of global fisheries within 40 years.

The conclusions by the 21 international scientists with widely divergent views effectively counter the spurious arguments by Governor Arnold Schwarzenegger and his staff for the urgent "need" to fast-track the controversial Marine Life Protection Act (MLPA) process because of the "dire condition" that rockfish, lingcod and other groundfish stocks are supposedly in along the California coast.

"Much of the motivation for the MLPA was concern about the state of the groundfish stocks - there is clear evidence that these can be rebuilt without MPAs resulting from the MLPA that have only recently begun to be implemented," Hilborn said. "The benefits of the MPAs established under the MLPA will be primarily to have some areas of high abundance of species with limited mobility."

This is not the first time that Dr. Hilborn has criticized the MLPA process. In 2006, Hilborn and others reviewed the MLPA model for size and spacing of MPAs and found: "It appears to us that those prescriptions were pulled out of the air, based on intuitive reasoning."

Jim Martin, West Coast Director of the Recreational Fishing Alliance, said the new study confirmed what North Coast environmentalists, anglers and seaweed harvesters have known all along - that efforts to restore groundfish populations through the highly restrictive Pacific Fishery Management Council (PFMC) process are working.

"The conclusion that California has the lowest rate of groundfish exploitation of any place examined in the study demonstrates that the idea that we must rush into the MLPA process or there won't be any fish left in the ocean is completely false," said Martin.

Fourth, a broad coalition of grass roots environmentalists, seaweed harvesters, Native American activists, recreational anglers, commercial fishermen, and elected officials on California's North and North Central Coast have strongly criticized Governor Arnold Schwarzenegger's fast-track MLPA process for being an egregious case of corporate greenwashing rife with conflicts of interests, mission creep and the corruption of the democratic process. Many believe that Schwarzenegger and his allies are trying to kick sustainable fishermen and seaweed harvesters off the water to clear a path for corporations to install offshore oil rigs, wave energy projects and aquaculture facilities off the northern California coast.

As Judith Vidaver, chair of the Ocean Protection Coalition (OPC), said so eloquently in June at a groundbreaking meeting held by environmentalists, fishermen and seaweed harvesters in Point Arena to oppose the corrupt MLPA process, "What I see here is a resource grab. The first thing that the corporations want to do before grabbing public trust resources is to get rid of the people who live or subsist on the land and ocean."

Likewise, Ann Maurice, Sonoma County Native American activist, put Schwarzenegger's fast-track MLPA process in the larger context of cultural genocide by the state and federal governments against American Indian nations in California since the Gold Rush.

"Native Americans have been systematically deprived of the right to sustainably fish and harvest intertidal food," said Maurice, who has worked for years to stop MLPA closures from taking away traditional ocean harvesting areas vital to the survival of Kashaya and other tribal cultures. "Now the same thing is being done to you."

There is nothing "green" about Schwarzenegger's fast track MLPA fiasco except for the Packard Foundation money that is funding a supposedly "public" process. At the same time that Schwarzenegger and his collaborators are ramrodding the MLPA process through the California Fish and Game Commission at the expense of coastal communities, he is pushing for a peripheral canal and more dams that will result in pushing collapsing Sacramento River Chinook salmon, Central Valley steelhead, green sturgeon, Delta smelt and the southern resident population of killer whales over the edge of extinction.

While coastal groundfish populations are rapidly rebuilding under the current fishery management process, Schwarzenegger is trying to impose more unneeded closures on the most heavily regulated coastal fishery in the world. Meanwhile, rather than supporting efforts by fishermen, Indian Tribes and environmentalists to restore anadromous species including salmon, steelhead and sturgeon, he has done everything he can to make these fish populations extinct by fighting a court-ordered plan to restore the fish and relentlessly supporting efforts by corporate agribusiness to increase water exports from the California Delta, the largest estuary on the West Coast of the Americas.

In a stunning case of reverse logic, Schwarzenegger and his staff are ruthlessly opposing fish restoration measures for anadromous species that are on the verge of extinction while imposing redundant area closures on groundfish stocks that are the least exploited of any fishery in the world examined in the landmark study published in Science!

The California Fish and Game Wardens Association, fishing groups and grassroots environmental groups all support a suspension in the MLPA process, in light of the state's unprecedented economic crisis, numerous conflicts of interests by MLPA decision makers and the questionable "science" behind the process.

The data about California fisheries disclosed in the Science magazine article makes it even more clear that the Marine Life Protection Act process must be suspended, since the "science" behind the process needs to be completely re-examined.  

While California and other regions have seen the rebuilding of groundfish stocks through the implementation of strict regulations, that is not the case everywhere examined in the Science magazine study.

"In 5 of 10 well-studied ecosystems, the average exploitation rate has recently declined and is now at or below the rate predicted to achieve maximum sustainable yield for seven systems," according to the study. "Yet 63% of assessed fish stocks worldwide still require rebuilding, and even lower exploitation rates are needed to reverse the collapse of vulnerable species. Combined fisheries and conservation objectives can be achieved by merging diverse management actions, including catch restrictions, gear modification, and closed areas, depending on local context. Impacts of international fleets and the lack of alternatives to fishing complicate prospects for rebuilding fisheries in many poorer regions, highlighting the need for a global perspective on rebuilding marine resources."

The abstract for Rebuilding Global Fisheries is available at http://www.sciencemag.org/cgi/... A subscription is required to read the full article on-line.  


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