| MAKING WAVES, March-April 2003 issue: Table of Contents |
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 The following are critical pieces of legislation slated to be introduced or which are already sitting before the 108th session of Congress, and their possible impact upon our country's coastal environment. Freedom To Fish Act Currently sitting before both chambers of Congress (H.R. 3547 and S. 1314), this bill seeks to prohibit no-take zones within marine protected areas and marine sanctuaries without specific science showing that anglers are the cause of the problem. The Freedom to Fish Act (FFA) is being supported by numerous sportfishing organizations and equipment manufacturers. Opponents to the bill, which include the World Wildlife Fund, National Audubon Society, Natural Resources Defense Council, Environmental Defense, The Ocean Conservancy, Oceana, Sierra Club and the Surfrider Foundation, believe that the passage of such an act would seriously undermine current law and Executive mandates, and effectively preclude Federal Fishery Management Councils from using their authority under the Magnuson-Stevens Fishery Conservation and Management Act to use area closures to rebuild stocks and protect habitats. The FFA's requirements would also undermine the National Marine Sanctuaries Act (NMSA) by giving Regional Councils the ability to override Sanctuary protections and effectively exempt fish resources from NMSA's conservation mandate and other requirements. The bill is already receiving bipartisan opposition from both houses of congress. Department of Defense "Readiness and Range Preservation Initiative" The Department of Defense (DOD) sent its "Readiness and Range Preservation Initiative" to Congress this past March for inclusion in the 2004 Defense Authorization Bill. By its own admission, the DOD's goal is to make changes to the Clean Water Act, Clean Air Act, Public Health Service Act (Safe Drinking Water Act), Resource Conservation and Recovery Act, Marine Protection, Research and Sanctuaries Act. Additionally, the DOD is pushing for broad exemptions from the Endangered Species Act, Marine Mammal Protection Act, Comprehensive Environmental Response, Compensation and Liabilities Act and the Toxic Substances Control Act. The DOD maintains that these laws adversely limit the military's ability to access and use lands, resources and technologies for training and research. Environmen-tal groups counter that while provisions already exist within the current structure of the law, the DOD has never utilized the existing exemptions because the process is too time consuming, since exemptions require presidential approval. This bill is being vigorously opposed by numerous environmental groups and organizations. In addition to impacting numerous environmental laws, passage of the bill may also result in further loss of beach access along both coasts. |
Coastal Zone Management Act The Coastal Zone Management Act (CZMA) has been due for reauthorization for a few years. The two key environmental priorities for the legislation are the continuation of targeted funding to implement state coastal non-point pollution control plans, and making sure that the CZMA's consistency provisions are maintained. There are several amendments to the CZMA up for consideration during this session. Senate measure 241, sponsored by Olympia Snowe (R-ME) seeks to make changes to the verbiage of the CZMA. Jim Saxton (R-NJ) is also sponsoring the National Estuarine Reserve System Act (HR 1025), which seeks to establish a network of national estuarine reserves. While it is expected that any changes to CZMA during the 108th Congress will be marginally supportive, several environmental organizations, including the Surfrider Foundation are also watch-dogging against efforts by Congressional members such as Senator James Inholfe (R-OK) who are looking to roll back the consistency provisions at the behest of the oil and gas industry. The Salmon Planning Act Sponsored by Representatives Jim McDermott (D-WA) and Tom Petri (R-WI), the Salmon Planning Act (HR 1097) seeks to ensure that proper planning is undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River basin and the maintenance of reasonably priced, reliable power, to direct the Secretary of Commerce to seek scientific analysis of Federal efforts to restore salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes. Additionally, the legislation requires an engineering study of how to partially remove the dams if it became necessary and provides for the eventual authorization of dam removal if it is required to fulfill treaty and legal obligations. To date the bill, has 69 bi-partisan cosponsors from across the nation, including fifteen members from California. In addition to promoting the preservation and recovery of salmon and steelhead populations, the removing of four Lower Snake River dams would greatly enhance the natural process of sand replenishment along the adjoining coasts. This bill is being supported by numerous fishing organizations, recreational product manufacturers, scientists and environmental groups, including the Surfrider Foundation. * * *
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