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Jon Fleischman

State Fish & Game Commission’s Assault on the Right to Fish

Section 25 of Article I of the California Constitution, believe it or not, guarantees to the people of this state the right to fish.  Seriously, I am NOT making it up.  In fact, here is the exact language straight from the source:

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 water 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.

The reason that I point this out is that the ongoing efforts of extremists to infringe upon the liberty of Californians, under the auspices of a law passed called the Marine Life Protection Act, are trampling all over the rights of Californians to fish off of our shores — significantly impacting both commercial and recreational fishermen.  Specifically, the act calls for (among other things) the establishment of, "…networks of marine protected areas in California waters to protect habitats and preserve ecosystem integrity…"
 
Using this legislation as its Holy Grail, the State Fish & Game Commission seems intent (despite Article I, Section 25) to put into place prohibitions against fishing in vast, broad swaths of ocean off of California’s coast.
 
During my tenure as an appointee of Governor Schwarzenegger on the California Boating and Waterways Commission, I had the opportunity to learn a lot about federal encroachments on the reasonable use of the oceans along our coastline for commercial and recreational purposes, as we dealt with addressing regulations being developed for boating access within the Monterey Bay National Marine Sanctuary.  At that time, a couple of years ago, we heard a lot of testimony about how proposed regulations on boating in the Sanctuary would have a tremendous negative financial impact on California’s coastal communities, and the rights of boaters and fishermen.
 
The reality is that the agenda of the far-left enviro-nuts here is really to ban the presence of people from vast areas of the ocean, period.  Notions such as "balance" or "conservation" (where mankind uses resources in a way that is responsible) are not in their playbook.  In fact, if you ask many of them, they will actually tell you that they believe that there is a moral equivalency between a human and… a tuna fish.  Seriously.  And if you question them on it (I have), you will get attacked for being human-centered, and not understanding that "all life is equal" on planet Earth.  I remember once back on a college campus being yelled at by an activist from PETA, who called me an "Anthropocentrist" — huh?  I had to figure out that this was freak-speak for someone who believes in the superiority of man over animals — undoubtedly the worst insult that this particular activist could throw my way.  They will use any means, at the Federal or State levels, to push their extremist agenda.
 
Today in the Orange County Register, Dave Pfeiffer, the President of Shimano America (one of the biggest manufacturers of fishing tackle in America) has a column on the dire consequences of banning recreational fishing off the California coast that you should read.  Below is an excerpt where Pfeiffer makes the obvious point as to why fisherman have an interest in the environment, and also lays out the tremendous positive impact of recreational fishing on the economy California:

Recreational fishermen are stewards of the environment and advocates for sustainable fishing and conservation and care about the health of the ocean and endangered fish species. It is in the recreational fisherman’s self-interest to protect fish and sensitive habitat for our children and grandchildren.

The company I represent – one of the forerunners in product innovation and an industry leader in designing and manufacturing fishing tackle – relies, like thousands of other businesses up and down the state, on Californians’ desire to protect and conserve the environment.

California’s outdoors and tourism industries generate billions of dollars of economic benefit that flows to public and private institutions charged with environmental protection, while at the same time preserving for current and future generations the enjoyment of recreational fishing. California fishermen pay approximately $60 million annually in license and other fees. The impact of saltwater recreational fishing alone on California’s economy is $2.2 billion and close to 20,000 jobs.

Pfeiffer makes the important case about how fishermen have a vested interest in conservation and that there is certainly a need for balance here.  That said, the question is whether the inmates have taken over the asylum.  Are there any folks over at the California Department of Fish and Game who are ready to stand up to all of the eco-nuts, and implement a common sense plan that is respectful of the need to preserve marine life, but understanding that we are country of the people, by the people and for the people?  Let’s hope so. 
 
Someday you or someone in your family just might want to get into a boat for some fishing.  It would be a shame if you have to fly to Vancouver or Cabo San Lucas to do it.

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