 |
|
|
|
||
by Tom Fote |
|
MEMORANDUM This will serve to follow up our recent discussions, meetings, and research to determine if the Department should accept New York City Transit Authority’s (NYCTA) offer of 600 stainless steel subway cars for deployment on New Jersey’s artificial reefs. As you know, subway cars are not currently included as an acceptable reef material under our permit (Permit # cenap-op-r-200401135-1) with the Army Corps of Engineers (ACOE) and the “Artificial Reef Management Plan for New Jersey 2005” currently lists subway cars as a prohibited material for reef construction. After consultation with DEP technical staff and scientists, review of studies conducted by the NJ Division of Fish and Wildlife (NJDFW) and other Mid-Atlantic States’ Artificial Reef Programs, the United States Environmental Protection Agency (USEPA) and a literature review conducted by the Department’s Division of Science and Research, I have concluded the following on the productivity, durability, stability and the effects of asbestos on marine life associated with the use of subway cars as reef habitat. Subway cars have been shown to be a fully functioning productive artificial reef habitat, offering trophic support to reef fishes by supporting invertebrate communities. Reef fishes, particularly black sea bass, tautog and cunner have been shown to utilize subway cars for habitat. A three year study conducted by the NJDFW determined that the mean number of reef fishes utilizing subway cars as habitat was 323 per car. An underwater video census conducted by South Carolina’s Artificial Reef Program on deployed subway cars showed that dense communities of invertebrate marine life develop on subway cars within 10 months of soak time. Although constructed of relatively thin gauge steel, subway cars are engineered for strength and are structurally complex. A study conducted by NJDFW during 2004 showed that subway cars deployed in 1990 were found to be 67 percent structurally intact and upright after 13 years and 10 months soak time. A recent side scan survey conducted on these same subway cars showed that after 17 years of soak time the subway cars are still upright and intact. The estimated life span of the stainless steel subway cars as determined by USEPA, is 25-35 years. This life span is comparable to other reef materials deployed by New Jersey’s Artificial Reef Program. Subway cars remain stable on the ocean floor once deployed. Findings from a four year study conducted by the NJDFW indicated that once deployed, subway cars remain in place and do not move even after northeast and tropical storms. The stainless steel subway cars currently available from NYCTA weigh almost twice as much (35,000 pounds each) as the subway cars deployed by NJDFW during 1990 (18,000 pounds each). Following a literature review performed by the NJ Division of Science and Research related to encapsulated asbestos (asbestos bound in an epoxy resin) and effects on marine life, it was determined that asbestos fibers would not be expected in the vicinity of subway cars deployed on artificial reefs. Therefore, exposure of fish and other species to asbestos fibers from subway cars would be minimal, and any exposure if it occurred, would be temporary due to the dynamics of epifaunal growth. Similarly, results from an encapsulated asbestos study conducted by Delaware Division of Natural Resources’ Artificial Reef Program showed that no asbestos fibers were found in ocean water samples adjacent to 400 deployed redbird subway cars. Studies conducted by the USEPA also show no significant releases of asbestos fibers from encapsulated asbestos-containing surfaces in subway cars deployed on a New Jersey reef site in 1990 or from non-encapsulated asbestos on a Navy vessel deployed off the coast of Maryland. In conclusion, I have determined that the 600 stainless steel subway cars currently offered by New York City Transit Authority are a durable and valued ocean reef material. Both New Jersey’s fishing and sport diving communities would directly benefit from the addition of the stainless steel subway cars on the artificial reef network. Please direct your staff to take the necessary steps to confirm New Jersey’s desire to receive the 600 stainless steel subway cars from the NYCTA, and seek all necessary approvals through the appropriate processes to amend New Jersey’s Artificial Reef Plan and the ACOE permit.
John S. Watson, Jr.
|
Summer Flounder
I got an interesting email questioning what JCAA is doing about summer flounder. I can understand the frustration of anglers from Massachusetts to North Carolina. JCAA has been working on this issue since 1994. As a commissioner to ASMFC, I worked on the same issue throughout my tenure. JCAA and I have been questioning the science since 1998. New Jersey anglers have worked hard to get our Federal Legislators on our side. Congressmen Saxton, Pallone, Lobiondo, Holt and others and Senators Menendez and Lautenberg have been steadfast advocates for recreational anglers on this and other issues. The problem is that little is done by the Congressional delegations from other states. In New Jersey we present a united front and that is how we get things done. JCAA, RFA, United Boatmen and the commercial fishermen have spoken with one voice on this issue, insisting that these decisions cannot be made using the currently available faulty science. In other states, the voices are far from unanimous and there is little participation at Council and Commission meetings. JCAA has had a representative at every summer flounder meeting for at least 13 years. I would challenge any other group to make the same commitment. Other states need to put the same heat on their Congressional delegation if we are going to get NMFS to throw out a faulty stock assessment that has unrealistic targets. Because, for reasons that escape everyone, NMFS has made summer flounder their poster fish for stock assessment, they are so entrenched and invested in refusing to admit any error, they can’t even see how bad things are. All you have to do is look at NMFS reply to the most recent letter from Governor Corzine to see how bad things are. JCAA will continue to work on this issue and I will be at the ASA meeting and in Washington, DC soon. So, rather than complain about what JCAA hasn’t done, try doing something yourself. To quote (or misquote) JFK, “Ask not what JCAA has done for you. Ask what you can do for yourself.”
S138/A636 Hooked on Fishing - Not on Drugs Bill
JCAA, NJSFSC and I have been working hard to get S138/A636 Hooked on Fishing-Not on Drugs Bill passed. It was heard by the Senate Environmental Committee on Monday, September 17 and was moved out of committee. JCAA would like to thank Senator Robert Smith, Chairman of the Senate Environmental Committee for posting this bill for hearing. We would like to thank Senator John Adler and Senator Andy Ciesla for their support. This bill has already passed the Assembly Agriculture and Natural Resources Committee with a unanimous vote. We now need to work on getting the Assembly Appropriations Committee and Senate Appropriations Committee to hear the bill after the elections and then get the bill passed by the full Assembly and Senate.
Assemblyman Herb Conaway is a Co-sponsor and a member of the Assembly Appropriations Committee. In the Senate there are two members of the Senate Appropriations Committee who are co-sponsors, Senator Barbara Buono and Senator Nick Asselta. We will need their help to get this bill posted for a vote and out of the Appropriations Committee in their houses. These are the committee members that we need to contact to have the next hearing on S138/A636.
Assembly Appropriations Committee members are:
Nellie Pou – Chair, Joseph Cryan, - Vice-Chair, Herb Conaway, Michael J. Doherty, Robert Gordon, Louis Greenwald, Reed Gusciora, Marcia A. Karrow, Richard A. Merkt, Joseph Pennacchio, Valerie Huttle Vainieri, John S. Wisniewski.
Senate Budget and Appropriations Committee members are:
Bernard F. Kenny – Chair, Sharpe James - Vice-Chair, Nicholas Asselta, Martha W Bark, Anthony R. Bucco, Barbara Buono, Joseph Coniglio, Joseph V. Doria, Walter J Kavanaugh,. Leonard Lance, Robert E Littell,. Paul A. Sarlo, Stephen M. Sweeney, Shirley K. Turner, Joseph F. Vitale.
The key is also to get the leadership to make sure the Assembly Appropriations Committee and the Senate Appropriations Committee hear and pass these bills. Senate President Richard Cody and Assembly Speaker Joseph Roberts need to make sure this happens and that the bills are posted for a vote by the full Senate and Assembly. To make sure this happens we need to get a commitment from them before the elections to post and pass the bill. Here is their contact information:
Senate President Richard Cody
449 Mount Pleasant Ave.
West Orange, NJ 07052
Phone Number: (973) 731-6770
Fax Number 973-731-0647
Assemblyman Speaker Joseph J. Roberts Jr
Brooklawn Shopping Plaza,
Route 130 & Browning Rd,
Brooklawn, NJ 08030
Phone Number: (856) 742-7600
Fax Number 856-742-1831
Pots Off Reefs
Breaking news! Senator Robert Smith, Chairman of the Senate Environmental Committee, announced that he will hold a hearing on this bill on October 4th if there is quorum available. Senator John Adler agreed to be available for this hearing on October 4th. I will keep you posted by email.
It was clear from day one that the Marine Fisheries Council was not going to address getting the pots off the reefs to the satisfaction of the recreational community. Over the years due to the inherent bias of the members of the Marine Fisheries Council, recreational anglers never seem to get a fair shake. The Council is made up of 5 commercial seats, 4 recreational seats and 2 at large seats. Even though the recreational fishing industry is worth almost 4 times the worth of the commercial fin fishery and the number of recreational anglers is 1.3 million compared to less than 100 licensed pot holders, the recreational community is always ignored. It would help if Governor Corzine would finally appoint two people to the at-large seats and provide a better balance on the Council. We discussed this with Governor Corzine and Commissioner Jackson almost a year ago and we are still waiting.
The importance of the artificial reefs for recreational fishing is of increased concern this year because of the shortened summer flounder fishery. When the fishery shut down September 10th, most anglers had to shift their quest for dinner to the artificial reefs. The commercial fishermen continue to justify their actions by telling us they feed the non-fishing public. The problem is the 1.3 million anglers who want to feed their families by catching themselves are denied access. As Adam’s article explains below it is time for us to work directly with the legislature, Governor Corzine and Commissioner Jackson and bypass the biased NJ Marine Fisheries Council.
State Studies how to Clean Water Supply
Chemical Contaminants Spark Fears
Low Levels of Pharmaceuticals Found in Drinking Water
By Trish G. Graber the Express-Times
TRENTON - The state is studying methods of removing contaminants that make their way into New Jersey's drinking water, either flushed down the toilet or through human excretion.
Department of Environmental Protection officials said they have found low-level contaminants in drinking water -- from flame retardants to antibiotics, cosmetics and detergent ingredients.
"They're all very low levels, below a part per billion," said Eileen Murphy, DEP's director of the Division of Science, Research and Technology. "Any one of these compounds alone would not pose health concerns ... we don't know what the mixture could do."
The problem is one the U.S. Geological Survey found nationwide.
Murphy said the DEP is currently conducting studies to determine the best methods of treating water to eliminate the compounds. She said the work is being done with the possibility of requiring upgrades to treatment systems.
The state is also considering outreach to pharmaceutical companies to sponsor give-back programs to prevent leftover drugs from being flushed.
Officials are in the process of implementing water systems in Camden and Bergen counties to determine whether they will remove a greater amount of contaminants, mainly organic compounds, according to Murphy.
A state legislator questioned New Jersey's water quality after seeing a 2003 Texas study which found the active ingredient of the anti-depressant Prozac in the muscles, liver and brains of fish. Another survey, by the United States Geological Survey, found traces of pharmaceuticals in 80 percent of 139 tested streams.
Assemblyman Mike Doherty, R-Warren/Hunterdon counties, said the studies posed a concern at a time when "more and more people are using prescription drugs for a vast variety of physical as well as mental ailments."
Tom Fote, legislative chairman for the Jersey Coast Anglers Association, said Doherty's concerns are only "the tip of the iceberg."
Under his own research, Fote found that aquatic life throughout the world is affected by contaminants in the water, which has altered fish in some geographic locations both physically and in their mating behaviors.
He said he has worked on drawing attention to the issue for years.
"People get frustrated because people see a mountain and say 'How do we climb it?'" Fote said.
"If we know it's affecting the fish, then sooner or later it affects us."
Trish Graber is Trenton correspondent for The Express-Times. She can be reached at 609-292-5154.
Reef Rescue Update
By Capt. Adam Nowalsky, Member of Reef Rescue
At the beginning of this year, a multi-front effort was launched at reclaiming NJ’s Artificial Reefs. The problem is simple: a number of NJ’s Artificial Reefs have become dominated by fixed fishing gear (i.e. – fish and lobster pots) consisting of traps, trawl lines, buoys and high flyers. The result is that it has become extremely difficult to recreationally fish via drift and anchor on reef sites, sites which would not have become possible without recreational efforts and donations. The JCAA, RFA and other groups have joined forces in forming NJ Reef Rescue, the goal of which is to remove all fixed gear from NJ’s Artificial Reef sites.
The State Marine Fisheries Council convened the Artificial Reef Committee and a number of sessions were held with various stakeholder groups, including divers, recreational fishermen, the for-hire sector (party/charter boats) and the commercial fishing community. Despite State studies and visual evidence to the contrary, the commercial sector maintained there was no problem, suggesting studies of their own in lieu of action.
After months of impasse, the Director of the Division of Fish and Wildlife, Dave Chanda, put forth a proposal of his own. This proposal would have restricted the use of fixed gear from NJ’s 2 in-state reef sites, the Sandy Hook and Axel Carlson Reefs, during the months of primary recreational use from May - October. Furthermore, the proposal called for the State to work with the Mid-Atlantic Fisheries Management Council to enact similar regulations for the 13 NJ reefs beyond 3 miles of the NJ coast and outside of NJ jurisdictional waters. This proposal was not supported by Reef Rescue, JCAA and RFA.
At the September meeting of the Marine Fisheries Council, the Artificial Reef Committee forwarded the aforementioned proposal to the Council with a motion for approval. At the last minute, commercial representatives entered a revised proposal. This revised proposal sought to limit only fish pot gear on just 2 of NJ’s reefs for a shortened period. Despite input from Director Chanda himself and other State officials that allowing one type of gear but not another was impractical and unenforceable; the commercially-weighted Council passed the revised proposal.
The current proposal for restricting fixed gear on reefs does nothing to alleviate the current problem on NJ’s Artificial Reefs. The State itself says it cannot be enforced; it only limits one type of gear, and applies to only 2 of the 15 NJ Artificial Reefs. Compromise? Anything but! NJ Anglers are now left with pursuing Legislative efforts to reclaim our Artificial Reefs. The State Assembly currently has bill A3986 which has been passed out of committee and is awaiting vote by the full assembly. The State Senate is considering bill S2635, which has yet to be considered by the Senate Environmental Committee. Your help is needed NOW. It is imperative that you contact your state Assemblymen and Senators and request moving these bills on to the full Assembly and Senate for a vote. Since it is clear the Marine Fisheries Council is not working for the State’s anglers on this issue, it is time to take matters into our own hands.
Doherty Seeks Study of NJ Water Supply - Legislator Prompted by Discovery in Texas of Prozac in Fish
By Trish G. Graber the Express-Times 8/17/2007
TRENTON - A Texas study that found the active ingredient of Prozac in fish has prompted questions from a legislator about what could be floating in New Jersey's water supply.
Conducted by Waco, Texas-based Baylor University, the 2003 study found traces of the anti-depressant Prozac in the muscles, liver and brains of fish in a stream near a Texas water treatment facility.
The drug is believed to have entered the stream through urine or from pills flushed down the toilet.
In addition, a 2002 U.S. Geological Survey found that 80 percent of 138 streams tested in 30 states contained traces of pharmaceuticals.
"These studies are definitely cause for alarm," said Assemblyman Mike Doherty, R-Warren/Hunterdon counties.
Citing New Jersey's thriving pharmaceutical industry, Doherty called on the Legislature to authorize the study of New Jersey's water supplies.
"The state seized most of the land in our district claiming protection of fresh water as its motivation," Doherty said. "If these compounds are appearing in fish tissue in other states, then certainly similar studies are needed here to determine if we are ingesting a drug cocktail without a prescription every time we turn on our tap water."
Doherty represents a district affected by the Highlands Water Protection and Planning Act of 2004, which restricts development in a seven-county area in North Jersey to protect the water supply for more than half of the state.
A spokesman for the Department of Environmental Protection said the state is aware of the study and has discussed the issue. However, no information was available late Thursday on whether the state has already, or plans to take action.
"I think this is becoming an emergent issue across the nation," said DEP spokesman Lawrence Hajna. "Certainly the department is aware of what's happening in science."
Recreational Fishermen Hurt by NMFS' Decisions
By Karen E. Wall, Asbury Park Press 9/7/2007
I've lost track of the number of times I've heard and read that phrase in the last four years with regard to fisheries management.
"We have to use the best available science," those who sit on the various management councils and commissions are fond of saying, especially when it comes to restricting the summer flounder fishery more and more.
But more and more, it seems the National Marine Fisheries Service has abandoned the "science" altogether, and more and more seems interested in one thing: pushing recreational anglers off the water in favor of commercial fishermen.
Let me be clear about one thing: This column is not an indictment of commercial fishermen. It's not about them, and I do not believe they should be denied the right to earn a living.
But more and more, NMFS, under the leadership of William Hogarth, seems to favor commercial fishing and treat recreational fishing as a plague to be eradicated as quickly as possible.
How else do you explain so much of the decision making that's occurred in the last year?
Let's start with the recent proposal regarding shark fishing.
In July, NMFS put out for public comment a proposal that eliminates recreational landings of several recreational species while approving commercial landing and sale of these same species.
When I read John Geiser's story on the proposal last week, all I could say was, "HUH?"
Eliminate recreational fishing because recreational anglers are apparently too stupid — in their minds, anyway — to be able to tell the difference between the species.
And at the same time, allow commercial fishing on an animal that is among the slowest to reproduce.
That's why commercial fishing for spiny dogfish was banned for so long, they've told us.
That's using "the best available science?"
When they want to restrict recreational fishermen more and more on fluke, they turn to the Marine Recreational Fisheries Statistics Survey and cite it as "the best science available" to make decisions on the quota — even though MRFSS has been labeled "fatally flawed" by the National Academies of Science.
They cut the quota on scup, yet don't even have a definitive biomass figure.
Where's the science in that? How can you say something is overfished when you don't have a clue how many fish there are to begin with?
Fisheries managers lay the blame for the problems with the blackfish stocks at the feet of recreational anglers, while ignoring the fact that something on the order of 20,000 pounds of live blackfish — the same amount reported as the commercial catch — was held and sold locally (with the proper permits).
The list goes on and on.
And yet the National Marine Fisheries Service can't see why it's losing any scrap of respectability with recreational anglers.
It seems, quite honestly, that they simply don't care what recreational anglers think. They don't care about all the tackle shop owners, the party boat captains and mates, the marine mechanics, and all the others whose livelihoods depend on these fisheries.
It's OK to them to put the recreational fishery out of business, because its forces are scattered, its constituents too busy trying to survive to fight or to pay someone to fight for them.
They see commercial fishermen taking 14-inch summer flounder and don't understand why, come Tuesday, they won't be able to catch any — a month sooner than the season ended last year.
"Why are they allowed when we can't take any fish?" is the question I hear often when I talk to anglers while I'm out fishing, or just out strolling the docks, as I did in Belmar on Labor Day.
"A few commercial guys in a boat take more in one net than a boatload of my passengers do in one trip," said Bobby Quinn, captain of the Ocean Explorer.
The bitterness is palpable. And it grows by leaps and bounds as folks who've spent a lifetime building a business, working at something they love, see it whittled away bit by bit by people who don't seem to care that they are ruining lives.
Everyone needs a job to pay the mortgage, to feed and clothe their families. And no one should be forced to completely uproot their lives just on a whim. And when "the best available science" is used selectively, when consistency from those who hold your life in their hands becomes a consistency of negative outcomes, belief in the system and in the managers running it disappears.
Instead of balancing the needs of everyone — recreational and commercial anglers and sustaining the fisheries for years to come — the National Marine Fisheries Service has entered the realm of appearing to make decisions on a whim. And more and more often, that "whim" has the appearance of outright contempt for recreational anglers.
And that's a crying shame.
[News Contents] [Top]