Posted: Sunday, November 28, 2010

Starting Jan. 1, saltwater fishermen in New Jersey will berequired to pay the federal government to fish in state coastalwaters. To avoid the fee, New Jersey need only pass S1122 nowresting in the Senate Environment Committee chaired by Sen. RobertSmith, D-Middlesex. An Assembly version has already passed(54-16).


The bill would allow the state to apply for "exempted statedesignation from the federal registration requirements" and wouldrequire the state Department of Environmental Protection tomaintain a free annual registry program to meet the new federalmandate for data collection.


Surfcasters, boaters, tackle shops, party and charter boatcaptains, marina owners and livery operators up and down the Jerseyshore have openly supported the bill, and the Recreational FishingAlliance and our allies in the coastal community have spent threeyears pushing to get this registry legislation passed. In recentmonths, we've met with a number of legislators and have foundthere's overwhelming support in Trenton to get S1122 out ofcommittee. RFA has even heard from the governor's staff about theircommitment to fulfilling a campaign pledge to not implement any newtaxes on New Jersey residents, which is precisely what a fee tofish will be.


Smith, however, refuses to move the bill for a committee voteunless the DEP supports the legislation - which it doesn't becauseit doesn't have a bloated user fee attached. The democratic processin New Jersey is essentially being held up by Trenton bureaucratswho want anglers to pay a federal fee to fish in 2011, perhaps inhopes we'll be more willing to pay a state fishing tax instead in2012.


Despite protests within the committee itself - from both sidesof the political aisle - Smith refuses to move this legislation.Regrettably, this is our political process today, and there seemsto be very little we can do to fix the issue of elected leadershipanswering to an appointed bureaucracy instead of the will of thepeople. Legislators often make promises to clear the roadblockscreated by bureaucrats, but at the end of the day the process isstill broken.


Consider the following:


The U.S. Fish & Wildlife Service estimates there are 496,000resident and nonresident saltwater anglers in the state of NewJersey. DEP testified that the current mechanism for registeringhunters and anglers can be used for the saltwater registry andwould cost the state $1.01 per entry. That means the maximum costto implement a no-fee registry is $500,960.


A 2006 U.S. Fish & Wildlife survey ranked New Jersey fifthin the nation among coastal states in terms of overall saltwaterretail sales, with an estimated $643.6 million spent on saltwatertackle. Based on a 7 percent sales tax, saltwater tackle salescontribute more than $45 million in state tax revenue.


A 10 percent federal excise tax on all fishing equipment meansNew Jersey's saltwater anglers contributed $65 million in federaltaxes to the federal Sport Fish Restoration Fund. For fiscal year2010, New Jersey is entitled to receive $3.8 million back from thatfund. New Jersey will continue receiving at least 1 percent of thetotal apportioned amount of Sport Fish Restoration Funds (maximumallowed is 5 percent) regardless of whether there's a fee to fishstate coastal waters or not.


As the facts show, a free saltwater registry is not an unfundedmandate. Saltwater anglers have already paid directed sales tax aswell as an exclusive excise tax on fishing equipment. If Smithchooses to use his political muscle to suppress S1122 at the urgingof the DEP, a half-million overtaxed voters will awaken on NewYear's Day to a brand new saltwater user fee, avoidable today by asimple act of the democratic process.


Jim Hutchinson Jr., of New Gretna, is managing director ofthe Recreational Fishing Alliance

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