Bill Text: NJ S2964 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires DEP to develop and implement artificial reef management plan.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-06-23 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2964 Detail]
Download: New_Jersey-2010-S2964-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Requires DEP to develop and implement artificial reef management plan.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring the development and implementation of a management plan for artificial reefs, and amending and supplementing P.L.1979, c.99.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1979, c.99 (C.23:2B-3) is amended to read as follows:
3. As used in this act:
[a.] "Aquaculture" means the propagation and rearing of aquatic species in controlled or selected environments [;].
"Artificial reef user group" means any group or members of a group who use the artificial reef for commerce or recreation. "Artificial reef user groups" may include, but are not necessarily limited to, recreational fishermen, commercial fisherman, scuba divers, the general public, and other interested parties.
[b.] "Commissioner" means the Commissioner of Environmental Protection [;].
[c.] "Council" means the Marine Fisheries Council created pursuant to this act, except in those sections of this act amending sections of Title 50 of the Revised Statutes [;].
[d.] "Department" means the Department of Environmental Protection [;].
"Division" means the Division of Fish and Wildlife in the Department of Environmental Protection.
[e.] "Fish" means any marine or anadromous animal or plant, or part thereof, excepting mammals and birds [;].
[f.] "Fisheries management plans" means plans to prevent overfishing, achieve optimal yield from each fishery on a continuing basis, which are based on the best scientific information available, are in accordance with management plans promulgated pursuant to the Fisheries Conservation and Management Act of 1976 and any appropriate interstate programs, provide for the management of stock as a unit throughout their range, and allow for flexibility management; provided, however, that such plans, where practicable and feasible, give preference to the interests and concerns of fishermen in this State [;].
"Fishery" means one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational and economic characteristics and any fishing for such stocks.
"In-shore artificial reef management plan" means the artificial reef management plan developed and implemented pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the management of artificial reefs located in marine waters less than three nautical miles from shore.
[g.] "Marine waters" means all the salt waters of this State, and none of the fresh waters of this State as defined in R.S. 23:1-2. Specifically it includes the waters of the Atlantic ocean, and all bays, inlets and estuarine waters located below the mouth of any fresh water river, stream or creek [;].
[h.] "Optimum yield" means the amount of fish from a fishery which will provide the greatest overall benefit to the State, with particular reference to food production and recreational opportunities, and the amount of fish which is prescribed as such on the basis of the maximum sustainable yield from such fishery as modified by any relevant economic, social or ecological factor [;].
[i.] "Processing" means handling, storing, freezing, preparing, preserving, packing, transporting, holding, or selling fish or fish products [;].
"Special management zone" means a special management zone designated pursuant to 50 C.F.R. 648.146.
"State artificial reef program" means the New Jersey Artificial Reef Program in the Division of Fish and Wildlife in the Department of Environmental Protection.
[j.] "Taking" means to catch, net, capture, possess, or collect any fish or to attempt to engage in any such conduct [;].
[k. "Fishery" means one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational and economic characteristics and any fishing for such stocks;]
(cf: P.L.1979, c.199, s.3)
2. (New section) a. Within one year after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Environmental Protection, in consultation with the Division of Fish and Wildlife and the Marine Fisheries Council, shall develop, establish, and implement an in-shore artificial reef management plan for artificial reefs located in marine waters less than three nautical miles from shore. In the course of developing this in-shore artificial reef management plan, the commissioner, division, and council shall solicit comment from, and include consideration of the interests expressed by, artificial reef user groups.
b. The in-shore artificial reef management plan shall be consistent with federal and State law, rules and regulations concerning fisheries management, and shall:
(1) take into consideration and reflect the history of the New Jersey natural and artificial reef system and the purpose and intent of the New Jersey Artificial Reef Program in the division;
(2) provide for a fair compromise and resolution of issues between artificial reef user groups; and
(3) consider and provide for the proper regulation of the use of fishing gear on artificial reefs, especially as it may impact federal funding to the State artificial reef program and including, but not necessarily limited to, the proper marking and monitoring of the fishing gear.
c. The council shall hold public hearings, consider comments received, and review the in-shore artificial reef management plan. It may approve or disapprove the plan or any rules and regulations proposed to implement it, or approve the plan or any rules and regulations contingent on revisions specified by the council. No plan or rules and regulations to implement the plan shall take effect or be implemented unless approved by the council.
d. The Department of Environmental Protection, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may propose any rules and regulations necessary to establish and implement the in-shore artificial reef plan pursuant to this section, but shall not adopt any such rules and regulations until they are approved by the council pursuant to subsection c. of this section.
3. (New section) a. The Department of Environmental Protection shall, within 90 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), apply to the Mid-Atlantic Fishery Management Council to designate all artificial reefs in federal waters off the State's coast, in the State artificial reef program and constructed pursuant to permits from the United States Army Corps of Engineers, as special management zones. The department shall request a full evaluation of the special management zone process be conducted, and a range of management alternatives be analyzed and considered according to the federal criteria for special management zones and regulation of fisheries and artificial reefs.
b. After receiving the designation and evaluation pursuant to subsection a. of this section, the Commissioner of Environmental Protection, in consultation with the Division of Fish and Wildlife and the Marine Fisheries Council, shall develop, establish, and implement, with the appropriate review and approvals from the Mid-Atlantic Fishery Management Council and other entities as may be required, an artificial reef management plan for all the artificial reefs in the State artificial reef program. The artificial reef management plan shall incorporate the in-shore artificial reef management plan developed, established, and implemented pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. If the Mid-Atlantic Fishery Management Council does not designate the artificial reef special management zones pursuant to subsection a. of this section and, as a result of the full evaluation requested pursuant to that subsection, recommends some other form of management and regulation of the artificial reefs in the State artificial reef program, the commissioner, in consultation with the division and the council, shall develop, establish, and implement, with the appropriate required review and approvals, an artificial reef management plan for all the artificial reefs in the State artificial reef program, incorporating those recommendations and the in-shore artificial reef management plan developed, established, and implemented pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. This act shall take effect immediately.
STATEMENT
This bill requires the Commissioner of Environmental Protection to develop, establish, and implement a management plan for the artificial reefs in the New Jersey Artificial Reef Program, and apply for federal designation of the artificial reefs located outside of State waters as special management zones.
Specifically, the bill directs the commissioner, within one year of enactment, to develop, establish, and implement a plan for the in-shore artificial reefs located in State waters less than three nautical miles from shore. Currently, two artificial reefs meet this criteria - the Sandy Hook Reef and the Axel Carlson Reef. The plan is to be developed and established through the public process established pursuant to the "Marine Fisheries Management and Commercial Fisheries Act," and is required to be approved by the New Jersey Marine Fisheries Council before it can be implemented. The bill also specifies that the plan provide for resolution of issues including, but not necessarily limited to, the fishing gear to be allowed on the reefs, the appropriate marking and monitoring of such gear, federal funding issues, and fair compromise between the competing interests of the users of the artificial reefs. The interests of recreational fishermen, commercial fisherman, scuba divers, the general public, and other interested parties are to be included in the compromise.
The bill further directs the commissioner, after the in-shore artificial reef management plan has been developed and established, to develop and establish with the New Jersey Marine Fisheries Council, the Mid-Atlantic Fishery Management Council, and other appropriate parties, a management plan for all the artificial reefs in the New Jersey Artificial Reef Program that is consistent with the federal regulation, and incorporates the in-shore artificial reef management plan.
