NJDEP
Enacts Long Awaited Artificial Reef Regulations to Limit Pots and Traps in State
Waters to Resolve Gear Conflicts
Trenton,
NJ - The New Jersey Department of Environmental Protection (NJDEP) announced
today the enactment of regulations regarding the use of pots on the Sandy Hook
and Axel J. Carlson Jr. reefs. Those regulations which were published in
Monday's state register create one full access zone within the existing Sandy
Hook reef and two full access zones within the Axel Carlson reef. Within the
full access zones, areas described as historical commercial fishing grounds,
limited amounts of pots and/or traps can be set. The remaining area of the two
reefs will be allowed to be access with hook and line and/or spear gear only.
This regulation only applies to the two reefs which are located within New
Jersey state waters and does not apply to the thirteen other artificial reef
sites in federal waters.
"This is
clearly a step in the right direction in addressing the ongoing gear conflicts
between hook and line anglers by prohibiting pots and traps on the majority of
the Sandy Hook and Axel Carlson Reefs ," explained Jim Donofrio Executive
Director of the RFA. "Obviously the next step in this process would be to seek
similar regulations for the 13 reefs in federal waters by granting special
management zone status through the Mid Atlantic Fishery Management
Council."
Special
Management Zone status is a process through the Mid-Atlantic Fishery Management
Council (Council) which allows a state to impose regulations approved by the
Council beyond the state's jurisdiction boundary of 3 miles. Since 13 of 15 New
Jersey's permitted reefs are located in federal waters, the state will need to
pursue special management zone status through the Council to address gear
conflicts on those reefs. Delaware recently received special management zone
protect for its reefs, the process took roughly 4 years.
While the
implementation of these measures should reduce gear conflicts on the two
artificial reefs in state waters a big question remains about restoring the
ability of NJDEP to use Sportfish Restoration Funds for reef building efforts.
NJ DEP was prohibited by the US Fish and Wildlife Service from using federal
money for reef building due to the on-going gear conflicts. The USFWS suspended
New Jersey's authority to use Sportfish Restoration Funds for the artificial
reefs program in 2011 citing the commercial/recreational gear conflicts.
According to documents secured through a Freedom of Information Act request,
this action was specifically requested by a New Jersey outdoor association and a
reef association. Documents revel that they requested New Jersey funding be
suspend as a means of gaining political leverage.
"It was
unfortunate to learn that groups within New Jersey actively lobbied the federal
government to suspend New Jersey's ability to use Sportfish Restoration Funds to
continue artificial reef building while the issue was being resolved. The same
groups then refused to support a proposal that would have resolved this issue
when introduced by the 1st district delegation 4 years ago," continued Donofrio.
"Anglers in New Jersey were significantly disadvantaged by this tactic. With
NJDEP's action today, fisherman can only hope these groups lobby the USFWS to
restore our funding for all of New Jersey's reefs as hard as they did to have it
taken away."
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