SENATE, No. 1957
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED MAY 20, 2010
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Concerns use of artificial reefs for commercial and recreational fishing.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning artificial reefs and supplementing Title 23 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. In 1987, the New Jersey Department of Environmental Protection published the “Draft Artificial Reef Management Plan for New Jersey,” which developed the Artificial Reef Program that, in 2010, supports 17 artificial reef sites off the State’s coast, on both historic fishing reef structure and new reef structure. The expressed objectives of the plan state that the Artificial Reef Program would: (1) create reef habitat for marine fish, crustaceans, shellfish, and encrusting organisms; (2) provide spawning and nursery areas for marine organisms; (3) increase local abundance of certain bottom fishes, crustaceans, and shellfish; (4) improve catch per unit of effort for commercial and recreational harvesters of food and game species; (5) create fishing grounds for recreational and commercial fishermen; and (6) provide underwater structures for scuba divers;
b. The Department of Environmental Protection received permits from the United States Army Corps of Engineers for the creation of a Statewide artificial reef network in compliance with the National Artificial Reef Plan, developed by the National Marine Fisheries Service, in the National Oceanic and Atmospheric Administration in the United States Department of Commerce.
c. The National Artificial Reef Plan was developed pursuant to the “National Fishing Enhancement Act of 1984” (33 U.S.C. s.2101 et seq.) to promote and facilitate responsible and effective artificial reef use based on the best scientific information available, and defined an artificial reef as a structure which is constructed or placed in waters for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities;
d. The federal act states that artificial reefs shall be sited and constructed, and subsequently monitored and managed in a manner which will: (1) enhance fishery resources to the maximum extent practicable; (2) facilitate access and use by U.S. recreational and commercial fishermen; (3) minimize conflicts among competing uses of waters and the resources in waters; (4) minimize environmental risks and risks to personal health and property; and (5) be consistent with generally accepted principles of international law and not create unreasonable obstruction to navigation;
e. Funding for the creation of artificial reefs comes from private donations by commercial and recreational fisherman and from State and federal sources. The Department of Environmental Protection received funds from the federal Sport Fish Restoration Program, authorized under the “Federal Aid in Sport Fish Restoration Act of 1950” (16 U.S.C. s.777 et seq.), which provides matching grants to states to undertake sport fish restoration and boating projects, and these federal funds are supported from excise tax collections on fishing tackle and motorboat fuels. The 1984 Wallop-Breaux Amendment to the “Federal Aid in Sport Fish Restoration Act of 1950” significantly enhanced states’ abilities to undertake artificial reef programs through increased financial assistance, and further influenced artificial reef programs nationwide to focus on the enhancement of recreational fisheries and increased fishing opportunities by improving access to the fisheries resources. These funds have further preserved recreational fisherman’s access to the artificial reefs;
f. In 2008, federal rules required <<New Jersey>>’s commercial pot fishermen to convert all fishing rope to sinking line - the line that connects multiple traps or pots when gear is set. Sinking line lies on the bottom of the ocean floor and is less prone to snag recreational gear that otherwise might occur with floating rope between pots, thus further reducing any potential conflict between the user groups; and
g. For more than 25 years commercial and recreational fishermen have caught fish on the reef sites off the New Jersey coast, and artificial reefs have been sited on historic fishing grounds.
2. a. The Division of Fish and Wildlife, in the Department of Environmental Protection, shall equally divide each of the two artificial reef sites within State waters between recreational use and multiple uses. Of the two halves of each artificial reef site: (1) one half shall be designated for recreational use only, including but not limited to recreational fishing by rod-and-reel, hand line, spear, or recreational gear; and (2) one half shall be designated for multiple uses, including (a) recreational use, such as recreational fishing, scuba diving, and aqua tourism, and (b) commercial use, such as the use of lobster pots and fish pots.
b. The division shall designate and map each of the two artificial reef sites in State waters according to its uses within 90 days after the date of enactment of this act. When dividing each artificial reef site and designating the half of the reef designated for multiple uses, the division shall consider the history of the fishing ground. The division shall not limit recreational use of the artificial reef sites.
c. Lobster pots shall be permitted year-round on the appropriate half of each of the two artificial reef sites in State waters.
d. The division may designate a closed season for commercial fish pots, which shall begin no earlier than May 15 and end no later than October 1 of each year for commercial fish pots on the appropriate half of each of the two artificial reef sites in State waters.
3. a. A commercial fisherman shall be allowed to set up to 150 total pots on an artificial reef site designated therefor pursuant to section 2 of this act. Commercial pot fishermen shall provide the Division of Fish and Wildlife with information concerning planned lobster or fish pot locations on an artificial reef site, prior to placement, and shall notify the division by telephone, within 12 hours after docking, after removal of a lobster or fish pot.
b. No string of lobster or fish pots on an artificial reef site may exceed 25 pots per line and shall comply with all marking requirements and other rules and regulations established therefor by the Department of Environmental Protection.
4. The Department of Environmental Protection shall, within 90 days after the date of enactment of this act, apply to the Mid-Atlantic Fishery Management Council to designate all artificial reefs in federal waters off the State’s coast, constructed under the Division of Fish and Wildlife’s Artificial Reef Program and permitted by the United States Army Corps of Engineers, to duplicate the management program created for artificial reef sites within State waters pursuant to this act.
5. This act shall take effect immediately.
STATEMENT
This bill would require the Division of Fish and Wildlife, in the Department of Environmental Protection (DEP), to determine the use of artificial reefs within State waters and would provide that commercial fishermen meet certain requirements.
Currently, there are 17 artificial reefs off New Jersey’s coast, of which two reefs are within State waters (i.e., within three nautical miles of the State’s coast), and 15 reef sites are in federal waters. The two artificial reefs within State waters require a DEP permit, in addition to a United States Army Corps of Engineers permit, and would be the only two artificial reef sites subject to the provisions under this bill.
The bill would require the Division of Fish and Wildlife to equally divide each of the two artificial reef sites within State waters between recreational use and multiple uses. Of the two halves of each reef site: (1) one would be designated for recreational use only, including recreational fishing by rod-and-reel, hand line, spear, or recreational gear, and (2) one would be designated for multiple uses, including (a) recreational use, such as recreational fishing, scuba diving, and aqua tourism, and (b) commercial use, such as the use of lobster pots and fish pots. The division would designate and map each of the two reef sites according to its uses within 90 days after the date of enactment of this bill into law. The division would consider the history of the fishing ground when dividing each artificial reef site and would not limit recreational use of the reef sites. Lobster pots would be permitted year-round but the division may designate a closed season for commercial fish pots, which would begin no earlier than May 15 and end no later than October 1 of each year.
Under the bill, a commercial fisherman would be allowed to set up to 150 total pots, and would be required to provide the division with information concerning planned lobster or fish pot locations on an artificial reef site, prior to placement, and notify the division by telephone, within 12 hours after docking, after removal of a lobster or fish pot. The bill would additionally prohibit any string of lobster or fish pots exceeding 25 pots per line.
Within 90 days after the date of enactment of this bill into law, the DEP would be required to apply to the Mid-Atlantic Fishery Management Council (MAFMC) to designate all artificial reefs in federal waters off the State’s coast, constructed under the division’s Artificial Reef Program and permitted by the U.S. Army Corps of Engineers, to duplicate the management program created for artificial reef sites within State waters pursuant to this bill. The MAFMC is responsible for the granting of Special Management Zones on artificial reefs in federal waters, which are areas that have special restrictions on fishing gear.
http://www.njleg.state.nj.us/2010/Bills/S2000/1957_I1.HTM
