For the record, this is not a MPA nomination, yet.
For the record, this is not a MPA nomination, yet.
National Marine Sanctuary Act
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The NMSA provides several tools for protecting designated national marine sanctuaries. For example:
The NMSA provides the program with the authority to issue regulations for each sanctuary and the system as a whole. These regulations can, among other things, specify the types of activities that can and cannot occur within the sanctuary. [See section 308 of the NMSA.]
The NMSA requires the program to prepare and periodically update management plans that guide day-to-day activities at each sanctuary. [See sections 304(a) and 304(e) of the NMSA.]
The NMSA authorizes NOAA and the program to assess civil penalties (up to $130,000 per day per violation) for violations of the NMSA or its implementing regulations and damages against people that injure sanctuary resources. [See sections 306, 307 and 312 of the NMSA.]
The NMSA requires federal agencies whose actions are ?likely to destroy, cause the loss of, or injure a sanctuary resource,? to consult with the program before taking the action. The program is, in these cases, required to recommend reasonable and prudent alternatives to protect sanctuary resources. [See section 304(d) of the NMSA.]
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http://sanctuaries.noaa.gov/about/legislation/
The Office of National Marine Sanctuaries (ONMS) regulations are codified at 15 CFR Part 922.
Regulations have the effect and enforceability of law and are written in a specific manner. ONMS regulations prohibit specific kinds of activities, describe and define the boundaries of the designated national marine sanctuaries and set up a system of permits to allow the conduct of certain types of activities (that would otherwise not be allowed).
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While each danctuary has its own unique set of regulations, there are some regulatory prohibitions that are typical for many sanctuaries:
Discharging material or other matter into the sanctuary;
Disturbance of, construction on or alteration of the seabed;
Disturbance of cultural resources; and
Exploring for, developing or producing oil, gas or minerals (with a grandfather clause for preexisting operations).
In addition, some sanctuaries prohibit other activities, such as the disturbance of marine mammals, seabirds and sea turtles, operation of aircraft in certain zones, use of personal watercraft, mineral mining and anchoring of vessels.
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http://sanctuaries.noaa.gov/protect/regulations/
NOAA: Final Notice Of Fee Calculations For Special Use Permits
POSTED ON NOVEMBER 19, 2015
In accordance with a requirement of Public Law 106-513 (16 U.S.C. 1441(b)), NOAA hereby gives public notice of the methods, formulas and rationale for the calculations it will use in order to assess fees associated with special use permits (SUPs).
(From the Federal Register) ? Congress first granted NOAA the authority to issue SUPs for conducting specific activities in national marine sanctuaries in the 1988 Amendments to the National Marine Sanctuaries Act (?NMSA?) (16 U.S.C. 1431 et seq.) (Pub. L. 100-627). The NMSA allows NOAA to establish categories of activities that may be subject to an SUP. The list of applicable categories of activities was last updated in 2013 (78 FR 25957). SUPs may be issued for the placement and recovery of objects on the seabed related to public or private events, or commercial filming; the continued presence of commercial submarine cables; the disposal of cremated human remains; recreational diving near the USS Monitor; the deployment of fireworks displays; or the operation of aircraft below the minimum altitude in restricted zones of national marine sanctuaries. Congress also gave NOAA the discretion to assess an SUP fee and laid out the basic components of an SUP fee (16 U.S.C. 1441 (d)).
Read the full article here:
https://www.federalregister.gov/arti...al-use-permits
http://policy.oceanleadership.org/no...l-use-permits/
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I seem to remember them trying to do something like that in the backbays of the Hamptons a few years ago but they failed. you really don't want something like this fellas. There's no benefit to anyone except for the tree huggers and hikers.
On my way over there now. Let's try to give them a good showing folks.
Made it up there tonight. Place was packed with the line starting at the outside door. Rick van pemmen got totally owned by some of the questions that we asked him.
There was also some crazy guy running around with an efF em all shirt taking pics. wonder who that could have been LOL? Rare ds appearance, good to see you again brother.
Capt Al wrote about it in yesterday's blog. From www.nj.com/ristori report
Jersey Shore Fishing: Sandy Hook Bay Sanctuary sparks strong opposition
By Al Ristori
on March 24, 2016 at 7:17 PM
Anglers are up in arms about the proposal by the Navesink Maritime Heritage Association to seek a Sandy Hook Bay National Marine Sanctuary designation that would encompass not only that Bay but also the rivers flowing into it plus a portion of Raritan Bay.
There was overwhelming opposition to that proposal at last week's meeting in the Red Bank Library, which wasn't large enough to hold the crowd that arrived. Rik Van Hammen seemed to be sincere as he spoke about his vision, but never presented any problem that would justify turning over control of the area to the federal government.
On the other hand, anglers in Florida and California can testify why this is the last thing we would want to do. The April issue of Salt Water Sportsman states that proposals there would eliminate fishing in up to 30 percent of the reefs covered, and may be followed up by making the entire southeast Florida reef track a National Marine Sanctuary. The magazine notes that "While anglers have supported a number of spawning-season area closures throughout the South Atlantic and Gulf of Mexico coasts, most consider MPAs a last resort only imperative for the survival or restoration of a fishery. The Coastal Conservation Association calls the proposed creation of a marine sanctuary an unnecessary delegation o a federal agency of a state's authority over its waters. Florida has an excellent record of managing its fisheries."
The same applies to New Jersey. Our fisheries are controlled by the state in cooperation with regulations developed for migratory species by the Atlantic States Marine Fisheries Commission. No one at the meeting was complaining about the quality of the fisheries or management by the state -- and if they aren't satisfied there's plenty of opportunity to seek change on the state level.
It was only three years ago that President Obama closed the national parks in a battle with Congress over the national debt. That just didn't involve facilities, but also the public's right to use lands that required no facilities, as money was found to pay rangers to keep anglers from walking the beach at Sandy Hook. At least the waters weren't involved up here, but charter captains in the Florida Keys, along with the rest of the public, weren't allowed to fish their traditional waters in Everglades National Park. Giving up state control to the federal government for no apparent benefit makes no sense at all.
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Reed Bohne, the Northeast and Great Lakes regions director of national sanctuaries for the National Oceanic and Atmospheric Administration (NOAA).
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"A state’s governor could alter the designation, which would then again be reviewed by NOAA, or outrightly end the process, he said. "
http://tworivertimes.com/marine-sanc...rs-take-sides/
Hutch mentioned it in his weekly fishing report as well. around the 5 minute mark
Sorry don't mean to derail the thread but the guy sounds like a crackpot. His new move is to eliminate the public meetings and try to target a tree hugger audience. Can you say crazy birders?
NJOA and JCAA both reached consensus this week, to oppose the SHNMS.