Proposed Fishing Tackle Regulations Violate Due Process

California Anglers Launch Online Petition Drive

(Sacramento, CA): Thursday, California's leading advocate for sportfishing announced that it is raising legal concerns associated with the California Department of Toxic Substance Control's (DTSC) decision to potentially regulate or ban common fishing tackle.

"The process that produced the Work Plan lacked meaningful public notice or input, and was guided by undisclosed and unsubstantiated policies," wrote Maureen Gorsen, attorney with Alston Bird LLC and former DTSC director under Governor Arnold Schwarzenegger. "The consequence of selection as a priority product is severe. Out-of-California manufacturers may no longer serve the state, given the potentially major cost with providing California-unique products. Even if viable alternative product designs are developed, they may be too costly for manufacturers to serve the state, and if they do, the cost of fishing equipment could rise significantly and affect many recreational fishermen."

In response, CSL has launched an online petition that urges regulators to remove fishing tackle from its Priority Product Work Plan. The Department has established a public comment period that extends until October 23, 2015 for a recently introduced regulatory process.

"Without due process and a lack of scientific analysis, the State has decided to impose a costly regulatory process that could lead to unwarranted policies that will harm fishing participation rates and thousands of jobs dependent on outdoor recreation," said Marko Mlikotin, executive director of the California Sportfishing League (CSL). "It is time for Governor Jerry Brown to rein in a department that has run roughshod over California anglers."

BACKGROUND

Maureen Gorsen's letter to DTSC

, under which the DTSC is authorized to regulate potentially dangerous toxins, was established by the State Legislature and Governor Arnold Schwarzenegger in 2008 to depoliticize the process by which individual products and chemicals were regulated. The law requires DTSC to conduct independent, California-specific analysis prior to listing a product for potential regulation. During its September 29, 2014 workshop in Cypress, DTSC officials repeatedly stated that it had not, and would not, conduct required scientific analysis.
Requiring non-lead fishing tackle could require significant and costly changes for the fishing industry. Depending on the alternative metal and current prevailing raw material costs, the cost of fishing gear could increase 10- to 20-fold.

When the Department's draft Priority Product Work Plan was first released in September 2014, CSL led efforts to have fishing gear removed from the document. The California Chamber of Commerce, the California Travel Association, the National Federation of Independent Business, the California Parks Hospitality Association, the California Association for Recreational Fishing, the American Sportfishing Association, Coastside Fishing Club and hundreds of individual anglers all submitted letters in favor of delisting fishing gear.

The California Sportfishing League (CSL) is a nonprofit coalition of fresh and saltwater anglers, and small business owners devoted to protecting access to recreational fishing. Recreational fishing contributes over $4.9 billion annually to California's economy, a major of outdoor tourism and jobs.

Additional information on the proposed regulations and the online petition can be found at
www.SportfishingConservation.org

Contact: Marko Mlikotin
916.799.7574
marko@sportfishingconservation.org
@CASportfishing