BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. a. (1) Except as otherwise provided pursuant to paragraph (2) of this subsection, no person, within the marine waters of the State, may use, leave unattended, set or deploy any fishing gear, or attempt to take any fin fish by any method other than rod-and-reel, hand line, spear, or recreational gig, within the geographical boundaries of the Sandy Hook or Axel Carlson permitted artificial reef sites, or within 300 feet thereof.
(2) Notwithstanding the provisions of paragraph (1) of this subsection to the contrary and except as otherwise provided pursuant to section 2 of this act, a person, within the marine waters of the State, may use, leave unattended, set or deploy any fishing gear, or attempt to take any fish by any method, which is licensed or permitted by the Department of Environmental Protection, within the geographical boundaries, or within 300 feet thereof, of the following areas of the permitted artificial reef sites with the following latitudinal and longitudinal coordinates:
(1) On the Sandy Hook permitted artificial reef site – NW 40.22.93n x 73.56.08w; NE 40.23.03n x 73.55.13w; SW 40.22.30n x 73.56.08w; SE 40.22.55n x 73.55.48w; and
(2) On the Axel Carlson permitted artificial reef site – NW 40.00.50n x 73.58.80w; NE 40.00.50n x 74.00.60w; SW 39.59.80n x 73.58.80w; SE 39.59.80n x 74.00.60w.
b. The department shall apply, within three months after the date of enactment of this act, to the Mid-Atlantic Fishery Management Council to designate all permitted artificial reef sites constructed under the Artificial Reef Program of the New Jersey Division of Fish and Wildlife within federal waters as Special Management Zones pursuant to section 648.148 of title 50, Code of Federal Regulations.
c. The department, in consultation with the United States Fish and Wildlife Service, shall review and revise projects associated with the Artificial Reef Program to ensure that the projects are eligible for use of funds received as part of any federal law providing funding for artificial reef programs, including but not limited to, the federal Dingell-Johnson “Sport Fish Restoration Act,” 16 U.S.C. s.777 et seq.
d. On and after the date of enactment of this act, federal funds received by the State for artificial reefs shall be used exclusively for areas of permitted artificial reef sites other than those areas described in paragraph (2) of subsection a. of this section, and may be used to expand the size and areas of the Sandy Hook and Axel Carlson artificial reefs to offset the areas of the artificial reefs designated pursuant to paragraph (2) of subsection a. of this section. The operation, maintenance, and restoration of the area of the artificial reefs designated pursuant to paragraph (2) of subsection a. of this section may be funded only by donations. No federal or State moneys may be used to fund operation, maintenance, or restoration of those designated areas.
e. As used in this section, “permitted artificial reef site” means a site for which the department, or any other State agency, has been issued a permit by the United States Army Corp of Engineers for the construction of an artificial reef, the coordinates of which are established pursuant to permit CENAP-OP-R-200401135-1, or any such subsequent permit therefor or update thereto, and which are identified on nautical charts 12326, 12323, 12318, and 12214 issued by the National Oceanic and Atmospheric Administration.
2. a. No person issued a license pursuant to section 2 of P.L.1941, c.211 (C.23:5-24.2) to set lobster or fish pots may set a lobster or fish pot in a permitted artificial reef site, except in those areas designated pursuant to paragraph (2) of subsection a. of section 1 of this act. In those areas, no person may set more than 75 such pots, or a string of pots exceeding more than 25 pots per line. The licensee shall attend the pots and shall remove them from the water when not attending the pots, in accordance with the manner and standards prescribed therefor by the Department of Environmental Protection in rules and regulations adopted by the department.
b. Whenever a pot or trawl is in use in an area at a permitted artificial reef site designated pursuant to paragraph (2) of subsection a. of section 1 of this act, the endpoints on the trawl, or the sinking line linking the pots, shall be clearly marked by the use of a minimum of one high flyer on each endpoint of the trawl or sinking line. For the purpose of this subsection, “high flyer” means a flag, radar reflector, or radio beam transmitter on a pole, buoy, fishing line, or other equipment, that is visible above the water line.
c. A person issued a license pursuant to section 2 of P.L.1941, c.211 (C.23:5-24.2) to set lobster pots who is doing so recreationally pursuant to a recreational lobster pot permit may not set any lobster pots in the areas of a permitted artificial reef site designated pursuant to paragraph (2) of subsection a. of section 1 of this act.
d. In areas at a permitted artificial reef site designated pursuant to paragraph (2) of subsection a. of section 1 of this act, no commercial fishing for:
(1) lobster using lobster pots shall be permitted from November 1 through December 15; and
(2) other fish using fish pots shall be permitted from May 15 through October 1.
e. The Department of Environmental Protection may, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to implement this section.
3. a. Within one year after the date of enactment of this act, the Division of Fish and Wildlife in the Department of Environmental Protection, in consultation with the Marine Fisheries Council, shall develop a pot management plan for the use of lobster and fish pots by persons licensed pursuant to section 2 of P.L.1941, c.211 (C.23:5-24.2) to set such pots.
b. The Department of Environmental Protection shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to establish the pot management plan developed pursuant to subsection a. of this section and for its implementation.
4. This act shall take effect immediately.
cont'd...
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