Alaska Sport Fishing Alliance
AlaskaSportFishingAlliance .org
AlaskaSportFishingAlliance .com

The Alaska Sport Fishing Alliance, a "grass roots" Statewide Alliance based in Homer, has retained the Professional Services of a highly regarded Washington, DC Law Firm as Legal Counsel to represent the ASFA in legal issues pertaining to proposed NEW REGULATIONS affecting the Alaska Recreational Halibut Sport Fishing Public. The ASFA is dedicated to defend the Fishing Rights and Privileges of the Alaska Recreational Halibut Sport Fishing Public in the Court of Law, if need be, against any entity who would propose to diminish or reduce those Fishing Rights and Privileges.

Any Individual, Business, or Organization with a vested interest in Alaska Recreational Halibut Sport Fishing who would like to join in the Legal Effort in our Common Interest is very Welcome. We feel the Time Has Come to Stand-up and Defend our Fishing Rights and Privileges before it is Too Late, or they will surely be trampled and violated by those who oppose us.

--- When Good People Stand-By and Do Nothing - Bad things Happen To Them ---

--- OUR MISSION STATEMENT ---

We are a Legal Defense Fund solely "Dedicated to the Proposition that ALL SPORT FISHERMEN ARE CREATED EQUAL with Certain Inalienable Rights."

Those Rights shall include, but not be limited to, the Right of the Alaska Recreational Halibut Sport Fishing Public to a "Fair and Equitable Share" of the annual Total Allowable Catch (TAC) allocation of the Public Halibut Resource, and the Right of the Alaska Recreational Halibut Sport Fishing Public to the UNRESTRICTED ACCESS to the Public's Share of the Public Halibut Resource by whatever Mode of Transportation, hired or private, they so choose. We also believe that the Alaska Recreational Halibut Sport Fishing Public's Rights shall Not be infringed upon by the Commercial Halibut Fishing Industry or any Government Agency, Federal or State, that does not treat the Alaska Public's Halibut Fishing Rights and Privileges in a "Fair and Equitable" manner as Mandated in Existing Federal Law.

--- MAGNUSON-STEVENS FISHERIES CONSERVATION and MANAGEMENT ACT ---
  Public Law 94-265

Sec.2. (b) PURPOSES.-- it is therefore declared to be the purpose of the U.S. Congress in this Act - -
(4) to provide for the preparation and implementation, in accordance with National Standards, of Fishery Management Plans (FMP) which will achieve and maintain, on a continuing basis, the optimum yield from each fishery. (the halibut fishery is the only fishery without a FMP)

 

Because a Moratorium limiting the number of Charter Vessels for Hire for transportation purposes by the "Recreational Fishing" Public is a Restriction of Public Access to the Public Halibut Resource placed against the "Recreational Fishing" Public - We are opposed to any so-called Moratorium placed on Charter Vessels for Hire for transportation purposes by the "Recreational Fishing" Public.

 

Because the Guideline Harvest Limit (GHL) is an Arbitrary Quota imposed on the "Recreational Fishing" Public with inaccurate-estimated-provisional- numbers produced, NOT FIRM DATA COLLECTED, by the Alaska Department of Fish & Game - We are opposed to any so-called GHL of Halibut harvest imposed on the "Recreational Fishing" Public.

 

Because Charter Vessels for Hire for transportation purposes by the "Recreational Fishing" Public are NOT fishing vessels, and because "Charter Fishing" is Defined in Law as "Recreational Fishing" - We are opposed to any so-called Individual Fishing Quota (IFQ) program for Charter Vessels for Hire for transportation purposes by the "Recreational Fishing" Public.

Because the Halibut Fishery is Federally Managed and Halibut Allocation Regulations are Mandated in Law to be the responsibility of the North Pacific Fisheries Management Council (NPFMC) and its' Required Public Input Process -We are opposed to the Alaska Department of Fish & Game (ADF&G) entering into the realm of Halibut Allocation Regulations, without precedent, that unjustifiably Subvert the Public Process and Unfairly Discriminates between various groups of duly Alaska Licensed "Recreational Fishing" Public because of their Chosen Occupation or Field of Employment, by issuing an Emergency Order (EO) prohibiting the retention of Halibut by Alaska Licensed Fishing Guides and Crew of Charter Vessels For Hire based on the 2006 Guideline Harvest Limit (GHL) that is seriously flawed and most Probably in Error. The ADF&G Method of Collection of Information to Compile Figures for Halibut Management needs to be Revised, and their Figures Reported need to be Audited for Accuracy.

We are FOR the Implementation of a Fisheries Management Plan (FMP) for Halibut that simply states: There shall be a two-fish daily-bag-limit for the Alaska Licensed "Recreational Fishing" Public without any Restriction of Access to the Public Halibut Fishery Resource for as many days as each Recreational Fisherman chooses to fish. Why would anyone be opposed to a FMP for Halibut? The Commercial Halibut Fishing Industry wants to Limit the Number of the "Recreational Fishing" Public, Restrict the Public's Access to the Halibut Fishery, and Reduce the Number of Fish the Public Catches so they can Catch and Sell those Fish also. The Commercial Halibut Fishing Industry is using the IPHC, the NPFMC, and the ADF&G to achieve and accomplish their Profiteering Goals. "Commercial Fishing" is Fishing for Profit. To whom does the Halibut Resource belong?

Mr. William P. Horn is a shareholder with the law firm of Birch, Horton, Bittner & Cherot which he joined in 1988. Prior to entering private practice, he served in a variety of Congressional and executive agency posts. From 1985 to 1988, he was the Assistant Secretary of the Interior for Fish, Wildlife and Parks, responsible for the U.S. Fish and Wildlife Service and the National Park Service.

Prior to his Confirmation by the U.S. Senate, Mr. Horn served as Deputy Under-Secretary of the Interior with responsibilities for western water rights negotiations, international fishery negotiations, and Alaska Programs. He also held the post of Chairman of the International Great Lakes Fishery Commission. During the 1970s he worked in the U.S. House of Representatives on the Staff of the Interior Committee (now the Resources Committee).

Mr. Horn specializes in Natural Resources Law. He has substantial expertise in Wildlife Law, including the Endangered Species Act and the Migratory Bird Treaty Act. His clients include the Alaska Legislature, American Outdoors, the Conservation Fund, and the U.S. Sportsman's Alliance. He has a litigation practice and regularly appears in U.S. Courts. Recent cases include the Alaska Professional Hunters Association vs. FAA and the Alaska State Snowmobile Association vs. Babbitt. Active in Conservation matters, he was appointed in 2002 by the Secretary of the Interior as Chairman of the National Wildlife Refuge Centennial Commission. He is a recognized expert in the Field of Natural Resources Law.

--- OUR ONLY CHANCE FOR  "FAIR AND EQUITABLE"  TREATMENT UNDER THE LAW ---

We, the Alaska Sport Fishing Alliance must File a Legal Petition in Federal District Court asking the Court to Issue a Court Ruling and Court Order directing that there be a Fisheries Management Plan (FMP) for Halibut implemented within a Certain Time-frame, and to Declare a Court Imposed Injunction preventing any Federal or State Agency from implementing additional allocation regulations, other than the Daily-Bag-Limit and Possession-Limit,  on the "Recreational Fishing" Public until such time as the Fisheries Management Plan for Halibut is implemented. If we do not act now, the Commercial Fishery will have ninety-five percent (95%) of the Total Allowable Catch (TAC) of Halibut and the Sport Fishery will have five-percent (5%). We will ALL, Commercial Fishery and Recreational Fishery have to live with the Court Rendered Decision.

--- OUR MOTTO ---