Q and As on Executive Order 13962 & Recreational Fishing
Questions and Answers on Executive Order 13962 & Recreational Fishing
Background: The President recently amended an existing Executive Order on recreational fishing (EO 12962 June 7, 1995) to strengthen his commitment to providing for sustainable recreational fishing opportunities nationwide. The new order requires Federal agencies to ensure that recreational fishing is managed as a sustainable activity and is consistent with existing law.
Q: Does this mean recreational fishing will be allowed everywhere?
A: No, this amendment provides a more specific articulation of the central values and importance of recreational fishing. There are a wide variety of fishing regimes, and current management plans and authorities will remain in place. This amendment is consistent with existing law, and ensures that recreational fishing must be managed in a sustainable manner whether it occurs within specific areas such as marine protected areas or elsewhere.
Q: What impact will this have on existing national marine sanctuaries and monuments where recreational fishing is restricted (e.g., marine reserves in Channel Islands NMS, and sanctuary preservation areas in the Florida Keys NMS)?
A: This amendment has no impact on these existing management measures. It only requires that NOAA continue to manage recreational fishing as a sustainable activity where it is currently allowed to occur (e.g., in the 80% of the Channel Islands outside of marine reserves and marine conservation areas).
Q: What affect will the amendment have on national marine sanctuaries? What impact will this have on NOAA’s ability to create future marine reserves in national marine sanctuaries?
A: This amendment will not directly impact NOAA’s ability to manage national marine sanctuaries (and activities affecting them). NOAA already considers the impacts of its management actions on recreational fishing pursuant to other legal requirements such as the National Environmental Policy Act, Administrative Procedure Act, Regulatory Flexibility Act, and other Executive Orders. This amended EO highlights NOAA’s existing responsibilities in this regard and, in doing so, emphasizes NOAA’s duty to ensure human activities that affect national marine sanctuaries, including recreational fishing, are sustainable.
Q: If the EO does not require federal agencies to open areas to recreational fishing, what was the purpose of the amendment? [Note: this question could be phrased “…keep areas open…” or “… open areas that are currently closed…” but the answer would be the same.]
A: The amended order reiterates President Bush’s strong commitment to maintaining recreational fishing opportunities and articulates the importance of recreational fishing to the American people. It was not meant to (and doesn’t) have any regulatory affect on existing management measures under law or regulation. Although existing management measures may, at times, have the affect of restricting recreational fishing in certain locations or at certain times of year, overall these measures can help to enhance recreational fishing opportunities by ensuring recreational fishing is in fact sustainable for generations to come.
|
