Still waiting for Final Rule...

[njdiver]

NJ DEPARTMENT OF ENVIRONMENTAL PROTECTION
NATURAL AND HISTORIC RESOURCES
DIVISION OF FISH AND WILDLIFE

Notice of Rule Proposal
Marine Fisheries: General Net Regulations, N.J.A.C. 7:25-18.5, and Artificial Reefs, N.J.A.C. 7:25-18.5A

PUBLIC NOTICE

Take notice that the NJ Department of Environmental Protection is proposing amendments to the rules governing general net regulations at N.J.A.C. 7:25-18.5 and proposing a new rule, Artificial Reefs, at N.J.A.C. 7:25-18.5A to limit the use of lobster, fish and conch pots on the Sandy Hook and Axel Carlson Reefs to specific "full access zones" within each reef. Commercial and recreational anglers and sport/scuba divers will continue to have full access to all parts of the reefs including the full access zones.

The proposed amendments and new rule require that commercial and recreational lobster potters setting and tending gear within the full access zones do so only between the hours of sunrise and sunset and that they call the Marine Law Enforcement Headquarters two hours prior to doing so. Individual pots set in these zones must be marked with a buoy and a string of pots must have a buoy attached to both ends. Buoys or flags shall meet the requirements of NOAA's take reduction plans for Atlantic Large Whale, Harbor Porpoise and Bottlenose Dolphin. All strings shall be limited to 20 pots. Penalty structures for violating these requirements are included in the proposed amendments and new rule and are based on a 1st, 2nd and in some cases a 3rd offense. Fines and penalties range from $100.00 to $200.00 and suspension of license or permanent revocation. The proposed amendments and new rule provide for forgiveness of a violation following a period of compliance.

The proposal is scheduled to be published in the New Jersey Register dated February 2, 2015.
A copy of the proposal is available at: http://www.nj.gov/dep/rules/proposals/20150202a.pdf; and the LexisNexis free public access to the New Jersey Register, http://www.lexisnexis.com/njoal/).

[njdiver]

Progress?



JERSEY REGISTER Copyright - 2015 by the New Jersey Office of Administrative Law

VOLUME 47, ISSUE 13
ISSUE DATE: JULY 6, 2015
RULE ADOPTIONS
ENVIRONMENTAL PROTECTION
LAND USE MANAGEMENT

47 N.J.R. 1392(a)
Adopted Recodifications with Amendments: N.J.A.C. (Snip) 7:7E-3 as 7:7-9 (Snip)
(Snip)
7:7-9.13 Shipwreck and artificial reef habitats

(a) The shipwreck and artificial reef habitats special area includes all permanently submerged or abandoned remains of vessels and other structures, including, but not limited to, artificial reefs, anchors, quarry rocks or lost cargo, which serve as a special marine habitat or are fragile historic and cultural resources. An artificial reef is a man-made imitation of a natural reef created by placing hard structures on the sea floor for the purpose of enhancing fish habitat and fish stock. In time, an artificial reef will attain many of the biological and ecological attributes of a natural reef. Artificial reefs do not include shore protection structures, pipelines and other structures not constructed for the sole purpose of fish habitat.

1. Known sites include those shown either on National Ocean Survey (N.O.S.) charts or listed in the following publications: W. Krotee and R. Krotee, Shipwrecks Off the New Jersey Coast (1966); B.L. Freeman and L.A. Walford, Angler's Guide to the United States Atlantic Coast Fish, Fishing Grounds, and Fishing Facilities (1974); B. Preim, J. Carlson, B. Figley, A Guide to Fishing and Diving New Jersey Reefs, (2000); and the NJDEP Fisherman Magazine and the Artificial Reefs Association publication, Shipwrecks of New Jersey's Reefs (2003). In addition to known sites, unidentified remains of vessels may exist within tidal waters. Shipwrecks may also be considered historic or archaeological resources pursuant to N.J.A.C. 7:7-9.34.

2. Shipwreck and artificial reef habitats may be subject to the marine fish and fisheries rule, N.J.A.C. 7:7-16.2.

(b)- (No change.)

(d) Rationale: Shipwrecks and other natural or artificial materials can serve as critical habitat for benthic finfish and lobsters, and other invertebrates which prefer shelter in hard substrates otherwise uncommon in New Jersey's marine waters. These areas function as congregation, refuge, feeding, and nursery areas for migratory species and support extensive fisheries. Although artificial reefs have been constructed for angling and diving, their goal is not solely to benefit human-use. A primary goal of an artificial reef is ecosystem and habitat enhancement. Due to the potential of reefs to serve as marine fish congregating areas, commercial and recreational fishing on artificial reefs may be regulated by the Department's Division of Fish and Wildlife, the Atlantic States Marine Fisheries Commission, and/or the Mid Atlantic Fisheries Management Council. As of 2005, New Jersey had 15 reef sites encompassing approximately 26 square miles of sea floor. The sites are strategically located along the State's 120 mile coastline near navigable inlets. Shipwrecks are also fragile historic and cultural resources. Scuba divers from New Jersey and other states visit artificial reefs extensively.

(Snip)

"Due to the potential of reefs to serve as marine fish congregating areas, commercial and recreational fishing on artificial reefs may be regulated by the Department's Division of Fish and Wildlife, the Atlantic States Marine Fisheries Commission, and/or the Mid Atlantic Fisheries Management Council."

(Snip)

"Although artificial reefs have been constructed for angling and diving, their goal is not solely to benefit human-use."

(Snip)

(Snip) = Irrelevant material deleted.

[hookedonbass]

(Snip)

"Due to the potential of reefs to serve as marine fish congregating areas, commercial and recreational fishing on artificial reefs may be regulated by the Department's Division of Fish and Wildlife, the Atlantic States Marine Fisheries Commission, and/or the Mid Atlantic Fisheries Management Council."

(Snip)

"Although artificial reefs have been constructed for angling and diving, their goal is not solely to benefit human-use."



What the heck is that suppose to mean? I thought they made the reefs so the fish would come in and there would be more structure. Good fishing, diving and use of the fish as a resource. Goal is not solely to benefit humans- ***? Does PETA run these programs now? That is some scary stuff. Can they really do that?

[njdiver]

What the heck is that suppose to mean? I thought they made the reefs so the fish would come in and there would be more structure. Good fishing, diving and use of the fish as a resource. Goal is not solely to benefit humans- ***? Does PETA run these programs now? That is some scary stuff. Can they really do that?
Possibly preparing the "public" for the Final Rule on the regulation of fixed gear on the two inshore reefs? There may be reef material paid for by ENGOs who's locations are not published.

[voyager35]

thanks for the updates I find most of the subject matter tedious and time-consuming to read. this is what most politicians count on when they slide this legislation by.

[bababooey]

njdiver do you have any suspicions as to who these engos are? I actually don't know and thought you might. Thanks as well for the posting it must be a tireless job keeping up with this mumbo jumbo.

[bababooey]

thanks for the updates I find most of the subject matter tedious and time-consuming to read. this is what most politicians count on when they slide this legislation by.

The nature of politics is to promise you the world. Just like you were 16 and wanted to get into mary clark's pants. You were willing to promise anything! Then when you got got what you want you forget what you promised. And you don't have to deliver because you are already elected and people soon forget all your promises.

[njdiver]

njdiver do you have any suspicions as to who these engos are? I actually don't know and thought you might. Thanks as well for the posting it must be a tireless job keeping up with this mumbo jumbo.
There are a number of ENGOs who might want to place material and not have it published so no fishing would occur, of course if someone does find it, it becomes their ”secret spot”. It has been a long eight years. The publishing of the Final Rules is only the next step in the process.