Bill Text: NJ A3840 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits DEP from reducing fishing quotas established by federal or regional entities, unless authorized by law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-05-20 - Received in the Senate, Referred to Senate Environment and Energy Committee [A3840 Detail]
Download: New_Jersey-2012-A3840-Introduced.html
Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Prohibits DEP from reducing fishing quotas established by federal or regional entities, unless authorized by law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning fishing quotas established by the Department of Environmental Protection, 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. Notwithstanding any other law, rule, or regulation to the contrary, in establishing any fishing quota for the State, the Department of Environmental Protection shall defer and adhere to the quota established for New Jersey by the Atlantic States Marine Fisheries Commission, the Mid-Atlantic Fishery Management Council, the National Marine Fisheries Service in the National Oceanic and Atmospheric Administration, or any other federal or regional fisheries management entity, as applicable, unless a more stringent fishing quota is authorized by law.
2. a. Whenever the department proposes to adopt a fishing quota that is more stringent than the quota established for New Jersey by the Atlantic States Marine Fisheries Commission, the Mid-Atlantic Fishery Management Council, the National Marine Fisheries Service in the National Oceanic and Atmospheric Administration, or any other federal or regional fisheries management entity, as applicable, the department shall submit to the Speaker of the General Assembly and the President of the Senate, and to the Assembly Agriculture and Natural Resources Committee and the Senate Environment and Energy Committee, or their successors, a quota reduction proposal requesting enactment into law of the more stringent quota.
b. A quota reduction proposal shall include:
(1) the information required to be published in the New Jersey Register, pursuant to subsection c. of this section; and
(2) an express request seeking enactment into law of the more stringent fishing quota identified in the proposal.
The quota reduction proposal may include reference to more than one fishing quota.
c. At least 30 days prior to its submission of a quota reduction proposal to the Legislature, the department shall publish a notice in the New Jersey Register indicating its intent to seek enactment into law of the reduced fishing quota. The notice shall include:
(1) a list identifying each fishing quota that the department is proposing to reduce, the federal or regional fisheries management entity responsible for establishment of the quota, and the proposed amount of the reduced quota;
(2) a detailed justification explaining the circumstances warranting, and the basis for, the department's proposed quota reduction; and
(3) a cost-benefit analysis assessing whether the proposed quota reduction would impose an unreasonable financial hardship or economic burden on the recreational or commercial fishing communities.
d. Notwithstanding the provisions of subsection c. of this section to the contrary, if the department finds that an imminent peril to a State fishery, or a change to a fishing quota for New Jersey made by a federal or regional fisheries management entity, necessitates submission of a quota reduction proposal to the Legislature upon fewer than 30 days notice, and the department states, in its quota reduction proposal, its reasons for that finding, the department may submit its quota reduction proposal to the Legislature upon any abbreviated notice that it finds practicable.
3. This act shall take effect immediately.
STATEMENT
This bill would prohibit the Department of Environmental Protection (DEP) from reducing, on its own authority, any fishing quota that has been established for New Jersey by a federal or regional fisheries management entity.
In particular, the bill would require the DEP to adhere and defer to any fishing quota established for New Jersey by the Atlantic States Marine Fisheries Commission, the Mid-Atlantic Fishery Management Council, the National Marine Fisheries Service in the National Oceanic and Atmospheric Administration, or any other federal or regional fisheries management entity, as applicable, unless a more stringent fishing quota is authorized by law.
Whenever the DEP proposes to impose a fishing quota that is more stringent than the quota imposed for New Jersey by a federal or regional entity, it would be required to submit to the Legislature a quota reduction proposal requesting enactment into law of the more stringent quota.
The bill would require the DEP, at least 30 days prior to its submission of a quota reduction proposal, to publish a notice in the New Jersey Register indicating its intent to seek the enactment into law of the reduced fishing quota. However, if the department finds that an imminent peril to a State fishery, or a change to a fishing quota for New Jersey made by a federal or regional fisheries management entity, necessitates submission of a quota reduction proposal to the Legislature upon fewer than 30 days notice, and the department states, in its quota reduction proposal, its reasons for that finding, the department would be authorized by the bill to submit the proposal upon any abbreviated notice it finds practicable.
The bill would require the notice and quota reduction proposal to each include:
(1) a list identifying each fishing quota that the department is proposing to reduce, the federal or regional fisheries management entity responsible for establishment of the quota, and the proposed amount of the reduced quota;
(2) a detailed justification explaining the circumstances warranting, and the basis for, the department's proposed quota reduction; and
(3) a cost-benefit analysis assessing whether the proposed quota reduction would impose an unreasonable financial hardship or economic burden on the recreational or commercial fishing communities.
