History and Politics of the Federal Aid in Sport Fish Restoration Act

1. History and Politics of the Federal Aid in Sport Fish Restoration Act Andrew J. LoftusGilbert C. Radonski ALoftus@andrewloftus.com gcrgmr@earthlink.net Loftus Consulting 3116 Munz Drive Annapolis, MD, 21403 (410) 295-5997

2. Legislative Landmarks of the Sport Fish Restoration Act • Enactment of the Sport Fish Restoration Act of 1950 • 1984 Wallop-Breaux Amendments • 1988 Amendments • 1990 Coastal Wetlands Program • 1992 Clean Vessel Act • 1998 Sportfishing and Boating Safety Act • 2005 SAFETEA-LU Act

3. Historical Setting Leading to SFR • Precedent of State/federal partnerships codified in the Black Bass Act (1926) and Lacey Act (1900) • Depression-era conservation programs of 1930’s • Professional recognition of the need to do more than stocking • Political influence in state conservation programs • Federal Aid in Wildlife Restoration (Pittman-Robertson) Act of 1937

4. The Road to SFR • May 1939, Congressman Frank Buck (CA) introduces legislation modeled after P-R. Legislation died in the House Ways and Means Committee • February 1941, Congressman Buck reintroduces similar legislation. U.S. entry into WWII halts further action. • October 1941, “Luxury Tax” to fund WWII imposes 10% tax on rods, reels, creels, and artificial lures.

5. Post-WWII • July 1946, Congressman Buck re-introduces legislation, Bill is tabled in committee over concerns from commercial fishing & recreational industry interests. • February 1947, Congressman John Dingell, Sr. (MI) introduces legislation addressing concerns of legislators. Bill fails to pass. • 1949, Congressman Dingell and Senator Johnson (CO) introduce similar bills. Legislation is vetoed by President Truman.

6. Concerns of President Truman regarding SFR • It is poor fiscal policy to earmark taxes. • It would isolate one small set of items from the tax code. • It would be difficult to administer 3 year retroactive features of tax collection. • “Permanent appropriation” language. • Wanted portion of any funds to be used to support federal fish hatcheries.

7. Passage of the Original SFR Act • Grassroots support from sportsmen • 1950. Dingell and Johnson reintroduce bills addressing some concerns of President Truman. • August 9, 1950. President Truman reluctantly signs Federal Aid in Sport Fish Restoration Act.

9. Historical Setting Leading to the Wallop-Breaux Amendments

10. Angler participation had doubled since the 1950’s

11. Historical Setting Leading to Wallop-Breaux Amendments • Angler participation had doubled since the 1950’s • Wildlife Restoration funding exceeded SFR funding by 2.5 times. • It was politically difficult for states to increase angler license fees. • The boating sector was seeking ways to obtain appropriations for the unfunded Recreational Boating Safety and Improvements Act (Biaggi Act).

12. The “D-J Expansion” Effort(precursor to ALAB) • Grassroots effort to expand SFR • Led by Bass Anglers Sportsman Society (BASS) and American Fisheries Society • Objective: Expand the list of fishing equipment subject to the tax and create a tax on fishing boats, motors, trailers, etc.

13. The “D-J Expansion” Effort • 1979, Senator Jennings Randolph (WV) and Congressman John Breaux introduce legislation. Key points expand the list of taxable items and impose a 3% tax on boating equipment. • Legislation fails due to opposition from the boating community.

14. The “D-J Expansion” Effort • May 1982, Sport Fishing Institute (SFI) introduces compromise position at the AFS Fishery Administrators Meeting in Bettendorf, IA. Shortly thereafter, compromise is presented to Congressman Breaux.

15. Elements of D-J Expansion “1982 compromise” • Deleted language calling for a 3% tax on fishing boats and equipment • “Capture” funds from the Biaggi Act into Sport Fish Restoration Program • Incorporate import duties collected on fishing tackle into Sport Fish Restoration • D-J Expansion Committee did not endorse the compromise

16. The “D-J Expansion” Effort • Senator Malcolm Wallop inserts expansion language that placed a tax on fishing boats and captured import duties from pleasure boats into a larger tax bill. • August 1982, Conference Committee struck expansion provisions from the bill on Constitutional grounds.

17. The “D-J Expansion” Effort • 1982-83, D-J Expansion Committee diversified to include boating interests • March 1983, Congressman Breaux introduced D-J Compromise • July 1984, compromise sponsored by Congressman Breaux and Senator Wallop was written as an amendment to the Sport Fish Restoration Act and attached to the Deficit Reduction Act for passage.

18. Major Elements of 1984 Wallop-Breaux Amendments to SFR • Created the Aquatic Resources Trust Fund with two accounts: Sport Fish Restoration Account (permanent appropriation) and Boat Safety Account

19. How Did the Original Flow of Money Work…….(changed in 2005)

21. Funding of the Sport Fish Restoration Program

22. Programmatic Elements of Wallop-Breaux Amendments • Provided funding of Boat Safety Programs. • Mandated each state to spend 10% on boat access projects. • Allowed funding for Aquatic Resource Education • Equitable expenditure between saltwater and freshwater projects in coastal states

23. 1988 Amendments to SFR • Removed the distinction between “old” and “new” funds for saltwater projects, effectively increasing allowable funds for these projects. • Authorized survey of motorboat fuels use. • Allowed in-kind contributions to be used as state match

24. 1990 Legislation: What Do Wetlands and Weed Wackers Have in Common?

25. 1990 Amendments to the Sport Fish Restoration Act • Increased funding through two means • The fuels tax attributable to small engines (weed trimmers, lawn mowers, etc) was dedicated to SFR. (Fortuitously, this amount approximated the 18% of SFR funds that was needed to fund the wetlands program.) • 1/2 of 5 cent increase in gas tax went to the Highway Trust Fund. SFR received 1.08% of this.

26. 1990 Coastal Wetlands Planning, Protection, and Restoration Program(Breaux Act) • Receives 18% of all funds deposited into the Sport Fish Restoration Account • Louisiana Coastal Wetlands Restoration Program - 70% of funds • North American Wetlands Conservation Act - 15% of funds • National Coastal Wetlands Conservation Program - 15% of funds

27. 1992 Amendments to the Sport Fish Restoration Act • Congressman Walter Jones (NC) wanted funding for coastal pumpout stations. • Clean Vessel Act - provided for a 5-year program to construct pumpout facilities • Funding came from the additional revenue associated with the increased gas tax (1990). • Reauthorization included the term “outreach” for the first time.

28. 1998 Sportfishing and Boating Safety Act • For the first time, established a 5-year national outreach program for sport fishing and boating. • Guaranteed minimum appropriations for boat safety program. • Reauthorized Clean Vessel Act (CVA).

29. 1998 Sportfishing and Boating Safety Act • Created Boating Infrastructure Grants (BIG) program. • Increased funding due to “reserved” transfer of boat fuel tax from Highway Trust Fund. • Increased percentage mandated for “Access” to 15%.

30. 2005 SAFETEA-LU Act • Trust fund renamed “Sport Fish Restoration and Boating Trust Fund” - all programs brought into the fund. • “Permanent appropriation” language extended to Boat Safety. • All programs funded on a percentage basis (instead of dollar basis).

31. Flow of Sport Fish Restoration Funds Following 2005 Amendments

32. GREATEST POLITICAL STRENGTHS: • USER PAY, USER BENEFIT • PARTNERSHIPS

33. Photo by Dave Kenyon; Provided by MI Sea Grant