AN ACT concerning use of fishing gear on artificial reefs, and supplementing P.L.1979, c.199 (C.23:2B-1 et seq.).
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.
S1177 Prohibits the use of certain fishing gear at artificial reef sites.* Passed Senate
Bill S1177: 1/23/2012 Introduced And Referred To Senate Environment and Energy Committee 2/9/2012 Reported Senate Committee Substitute 2nd Reading 3/15/2012 Passed Senate (35-3)
As of this morning's 9:00 AM publication of the Legislative Calendar, A2645 is not listed for the Assembly's session. S1177 is still listed for the Senate.
As per today's 15:20 issue of NJ's Legislative Calendar, A2645 is no longer listed for a vote in the Assembly's session tomorrow. S1177 is still listed for a vote in the Senate.
The legislation has several contradictions and inconsistencies that need to be addressed as well as not having been vetted, as yet, by the Sport Fish Restoration Program.
This bill specifically designates certain areas of the Sandy Hook and Axel Carlson artificial reefs for use by commercial fishermen. The designated areas are as follows:
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.
The bill includes in these areas, designated by latitudinal and longitudinal coordinates, 300 feet outside of their geographical boundaries. These areas represent about 50 percent of the area historically available to commercial fishermen.
In these designated areas, the bill restricts the number of lobster or fish pots that can be set to 75 pots, and a limit of 25 pots per line to any string of pots. The endpoints of any trawl or sinking line linking pots is required to be clearly marked with at least one “high flyer” – defined in the bill as a flag, radar reflector, or radio beam transmitter on a pole, buoy, fishing line, or other equipment, that is visible above the water line.
No commercial fishing of lobster using lobster pots would be permitted in the designated areas from November 1 through December 15, and of other fish using fish pots from May 15 through October 1.
The bill also prohibits the recreational use of lobster pots in these areas. Under current law and regulation, there is no distinction between commercial or recreational use of other fish pots including conch pots, although most of the major fisheries in the State, other than conch, currently require commercial landing permits. Therefore, only conch and a very limited number of other fish can be caught with pots by a person who does not have a commercial landing permit.
The bill further requires all federal funds received by the State for artificial reefs to be used exclusively for areas of permitted artificial reef sites other than those areas designated for commercial fishing above. The funds may also be used to expand the size and area of the Sandy Hook and Axel Carlson artificial reefs to offset the area of the artificial reefs designated for commercial fishing. The bill restricts to donations funding for operation, maintenance, or restoration of the areas of the artificial reefs designated for commercial fishing. The bill requires the Department of Environmental Protection, in consultation with the United States Fish and Wildlife Service, to review and revise projects associated with the State 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 “Sports Fish Restoration Act,” 16 U.S.C. s.777 et seq.
Finally, the bill requires the DEP to apply, within three months after the date of enactment, 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.
Establishes restrictions and requirements for use of fishing gear and conch, fishing, and lobster pots on artificial reefs.
Click on “Listen” to the right of the date (March 8, 2012).
Re: Cont'd...
Posted by HowardR on 3/11/2012, 7:03 pm, in reply to "Cont'd..."
OK this sounds like a step in the right direction "BUT" NJ will still loose the permits for the reefs and the federal funding right? If so is this the end of the reef program?
Re: Cont'd...
Posted by njdiver on 3/11/2012, 8:57 pm, in reply to "Re: Cont'd..."
Whatever legislation or regulation is finally passed, it must meet the approval of the US Fish and Wildlife's Sport Fish Restoration Program. If the NJ Artificial Reef Program has not had its Sport Fish Restoration funding restored, well before the ACoE permits expire, yes.
Re: Assemblyman Albano slips throu one of his own...
...the bill since the copy I received electronically was posted here. I am working on an update.
As this bill has yet to be published and posted for a vote in the Assembly, let alone any version introduced in the Senate, no one knows what the MAFMC will do for our reefs in Federal waters. We can only look to the process that Delaware is now going through with their application for Special Management Zones.
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