Solution to gear conflict inches forward

[njdiver]

While the effort to remove commercial gear from New Jersey's artificial reefs has been moving at a glacial pace, at best, there are indications from the New Jersey DEP and Gov. Christies' office that momentum is picking up. What the solution will look like and when it will be implemented are questions that won't be answered anytime soon, but DEP Commissioner Bob Martin has indicated to a number of outdoor groups that he's anxious to get the situation resolved.

One key reason to get the problem rectified is that New Jersey has been denied federal funds for its artificial reef program since money for the reefs comes from the U.S Sport Fish Restoration Fund, which can only be used for recreational fishing. New Jersey was cut off from these funds nearly two years ago. Reef funding also comes from an excise tax imposed on the sale of recreational fishing tackle.

Legislation aimed at outlawing commercial gear on the reefs has passed in the New Jersey State Senate on several occasions only to be stymied in the Assembly. Peter Grimbilas, chairman of the Reef Rescue Fund, who has been fighting this battle in the legislature for the past six years, said the issue has really gained some traction in past three months or so.

The recent movement can be attributed to one simple word: compromise.

Because the reefs were funded and built for recreational use, a number of outdoor groups were solidly against the idea that any portions of the artificial reefs should be used for commercial fishing. Commercial interests argued that because sections of the reef were built on naturally occurring structure and these were historic fishing grounds in use for years, commercial fishermen should have access to them. A stalemate ensued.

During a conversation with Grimbilas in December, Commissioner Martin told him that nothing will be accomplished unless there is compromise. He asked Grimbilas and other members of the New Jersey Outdoor Alliance Conservation Foundation to come up with a list of conditions that would appease most of the members.

"We canvassed the members of the NJOA and asked them what will make you accept a compromise," said Grimbilas.

On that list were a number of stipulations, chief among them were that any regulation would satisfy U.S. Fish and Wildlife Service requirements for the restoration of federal funds and that the state would petition the Mid-Atlantic Fishery Management Council for SMZ designation for all of New Jersey's offshore reefs.

In addition, if commercial gear were to be allowed on a small segment (16 percent) of the state's two inshore reefs, the state would build a new reef equal to or greater in area that will be designated exclusively for recreational use.

In a letter dated Feb. 7 to Anthony Mauro, chairman of the NJOA, Commissioner Martin wrote "that as part of a proposed compromise between recreational and commercial fishing communities, the DEP will commit to establish commercial zones within each of the two in-state reefs, create a new state reef and petition the Mid-Atlantic Fishery Management Council (MAFMC) for Special Management Zone (SMZ) regulations for the existing 13 reefs in federal waters that essentially prohibit the use of pot gear."

"The 23 council members of the NJOA (CF), which include some of the largest salt water fishing organizations in New Jersey, are excited by the proposals because it would both eliminate gear conflicts --- and equitably represents the interests of the recreational angler," said Mauro

"This is a major movement by the DEP," said Grimbilas. "It's important to note that this is only a proposal at this time, and the NJOA (CF) is currently reviewing it. The NJOA (CF) has not announced any agreement, nor has the Christie Administration to our knowledge."

The Recreational Fishing Alliance (RFA) also reported movement on the effort to remove commercial gear from New Jersey's reefs while preserving the commercial sector's access to those reefs.

"Anglers and angler groups have been fighting hard for over six years to address the access issues at New Jersey's artificial reef complex and I think we're finally seeing light at the end of the tunnel," said Jim Donofrio, executive director of the RFA. .

Donofrio said the Governor's office appears to be in agreement with a 2012 legislative appeal by Assemblyman Nelson Albano, chairman of the New Jersey Assembly Agriculture and Natural Resources Committee, which would prohibit commercial fixed gear from over 95 percent of New Jersey's two inshore artificial reef areas.

Chairman Albano's legislation would also prohibit all fixed gear from the state reef system during the prime recreational fishing period from May 15 to Oct. 1, while simultaneously directing the NJDEP to initiate a pot management plan for state officials to account and monitor the actual number of fish pots presently deployed --- and by whom --- in New Jersey coastal waters.

"Whatever come out of the governor's office we'll embrace.," said Jim Hutchinson, executive director of the RFA.

"We support the effort by the Governor's office, providing that it allows the potting to continue only on the traditional areas that have minimally deployed materials as expressed by Chairman Albano in his legislation," said Capt. Adam Nowalsky, chairman of the RFA-NJ chapter.

Whatever solution is adopted, don't expect it to come too quickly. It will probably be another two years before this situation is resolved. But at least now there is some activity.


http://www.app.com/article/20130228/...inches-forward

[bababooey]

"We support the effort by the Governor's office, providing that it allows the potting to continue only on the traditional areas that have minimally deployed materials as expressed by Chairman Albano in his legislation," said Capt. Adam Nowalsky, chairman of the RFA-NJ chapter.

Whatever solution is adopted, don't expect it to come too quickly. It will probably be another two years before this situation is resolved. But at least now there is some activity.


http://www.app.com/article/20130228/...inches-forward

Thanks for keeping us in the loop njdiver.

[clamchucker]

The latest update
http://www.nj.gov/dep/rules/notices/20150202a.html

[njdiver]

FOR IMMEDIATE RELEASE February 3, 2015

DEP MOVES FORWARD WITH ARTIFICIAL REEF PLAN

PROPOSED RULE WILL STRIKE BALANCE BETWEEN RECREATIONAL AND COMMERCIAL FISHING INTERESTS

(15/P12) TRENTON ? The Department of Environmental Protection this week proposed new rules that will fully implement a compromise between recreational and commercial fishing interests over access to artificial reefs off the coast of New Jersey, Commissioner Bob Martin announced today.

The plan will allow commercial interests to have continued access to portions of two reefs in state waters and calls for the construction of a new reef for recreational fishing, also in state waters. The compromise, reached in 2013 with commercial and recreational fishing groups, is now being proposed as a formal rule change and amendments to Fish and Wildlife regulations. The proposal appears in the Feb. 2 New Jersey Register.

?Recreational and commercial fishing are vital to New Jersey?s economy, providing more than $2.5 billion in economic benefits each year,? Commissioner Martin said. ?This compromise will address the needs of commercial fishermen and recreational anglers, and will result in restoration of federal funding that is vital to the development of artificial reefs that provide tremendous commercial and recreational benefits.?

The DEP?s Division of Fish and Wildlife holds permits for 15 artificial reef sites ? 13 in federal waters and two in state waters. The reefs, encompassing a total of 25 square miles of ocean floor, are constructed from a variety of materials, such as rocks, concrete and steel, even old ships and barges. These materials provide surfaces for a wide diversity of marine organisms to grow, ultimately providing food and habitat for many species of fish and shellfish.

Under the rule proposal in the New Jersey Register, commercial and recreational fishermen utilizing lobster, fish and conch pots will be permitted to continue using portions of two existing reefs in state waters off Sandy Hook and Manasquan. State waters extend from the shoreline to three miles offshore. Recreational hook-and-line fishermen will continue to have access to all portions of these reefs.

Commercial and recreational fishermen will be allowed the use of lobster, fish and conch pots on the Sandy Hook and Axel Carlson Reefs in 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.

In addition, commercial and recreational lobster potters setting and tending gear within the full access zones must do so only between the hours of sunrise and sunset, and they must 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.

A new reef, encompassing about a square mile of ocean floor, will be constructed in state waters in an area north of Barnegat Inlet to be used for recreational fishing. The Division of Fish and Wildlife is working with the DEP Division of Land Use Regulation and U.S. Army Corps of Engineers in securing the permit for this project.

This plan is expected to resolve federal concerns that commercial fishing is intruding on and hampering recreational fishing on artificial reefs in state waters, which are funded by excise taxes on recreational fishing gear and motor boat fuel. Costs to obtain, clean and deploy suitable material also is supported by private donations.

As the plan is implemented, the DEP will petition the U.S. Fish and Wildlife Service to restore nearly $250,000 in annual funding for artificial reef research, improvements and maintenance that has been withheld as a result of this issue.

Funding restored by the U.S. Fish and Wildlife Service would be used to pay for a significant portion of this project. Donations from both the commercial and recreational fishing communities will also help pay for construction. The DEP, in consultation with stakeholders and the Army Corps of Engineers, will finalize a site for the new reef.

The DEP will also work with the federal Mid-Atlantic Fishery Management Council for Special Management Zone designation which will allow the DEP to prohibit commercial gear on all 13 existing artificial reefs in federal waters. Federal waters begin three miles offshore.

For more information on New Jersey?s Artificial Reef Program, visit: http://www.nj.gov/dep/fgw/artreef.htm

A copy of the proposal is available at: http://www.nj.gov/dep/rules/notices.html

Written comments may be submitted electronically by April 2, 2015 at http://www.nj.gov/dep/rules/comments

Written comments may be sent to:

Gary J. Brower, Esq.
ATTN: DEP Docket No. 14-14-12
NJ Department of Environmental Protection
Office of Legal Affairs
Mail Code 401-04L; PO Box 402
401 East State Street, 7th Floor
Trenton, NJ 08625


http://www.nj.gov/dep/newsrel/2015/15_0012.htm

[bababooey]

"The plan will allow commercial interests to have continued access to portions of two reefs in state waters and calls for the construction of a new reef for recreational fishing, also in state waters. The compromise, reached in 2013 with commercial and recreational fishing groups, is now being proposed as a formal rule change and amendments to Fish and Wildlife regulations. The proposal appears in the Feb. 2 New Jersey Register."

Hard for me to understand all this. Sounds like a good thing, no?

[njdiver]

As long as this effort restores the use of Sport Fish Restoration funds to the NJ Artificial Reef Program, the NJDEP applies for SMZ status for its reefs in Federal waters and the new reef gets all its permits, the Program will be resurrected.

[fishinmission78]

I have to agree with bababooey. some of this seems like gobbledegook to me. Too many paragraphs you need a lawyer to understand. Thanks for breaking it down for us nj diver.