Fisheries Management & Legislative Report

We are approaching the end of the year and we don’t seem to be making much progress. The joint meeting to establish recreational quotas always takes place in December. Every time I return with the same disappointments and complaints. Every time NMFS bases their decisions on poor stock assessments and the fatally flawed Marine Recreational Statistical Survey. The National Marine Fisheries Service was directed to find a better system for counting the recreational catch. Fifteen years ago we were promised a solution. Then the National Academy of Science reviewed the Marine Recreational Statistical Survey and determined it had fatal flaws. After a diligent fact-finding mission they published a report which provided many recommendations. When the Magnusson Stevens Act was reauthorized in 2006, NMFS was directed to correct these problems, get better stock assessment data and better recreational statistics. As we enter 2011, the data is as unreliable as it was 15 years ago. The black sea bass is the latest example. We get statistical outliers in the wave data and NMFS still treats this data as gospel. The recreational community is punished because NMFS continues to use this flawed system. Maybe if I live another 30 years I will see the President and Congress fund the National Marine Fisheries Service sufficiently to develop a system that actually gives us accurate recreational statistics. Since 1994 I have been demanding better stock assessment so we can manage scup and black sea bass appropriately. We have better models for stock assessment but the basic biological data collection is no better than it was 20 years ago. Better stock assessment was also mandated in the 2006 Magnusson Stevens Act but again Congress and the President demanded but did not fund. President Obama and the 2011 Congress must finally appropriate the necessary funds so the recreational community can feel confident in fisheries management decisions.

I could not attend the Joint Meeting of ASMFC and the Mid-Atlantic Marine Fisheries Management Council. Chris Zemen, one of NJ’s members to the MAFMC, volunteered to write an article about this meeting for the JCAA Newspaper. On scup the Council and the Commission adjusted the quota to allow status quo in the regulations for 2011. This is what they should have done with black sea bass. People get confused about the actions taken on summer flounder. The motion passed at the joint meeting is the default decision. The Atlantic States Marine Fisheries Commission will establish a state by state conservation equivalency at the upcoming March meeting. The motions that were made at the meeting and their outcomes are included below.

JCAA would like to thank Senator Robert Menendez and Congressman Frank Pallone for their letters to Secretary Gary Locke on black sea bass. I am impressed with how well each of these letters articulates the problems we face. Senator Menendez and Congressman Pallone along with Senator Lautenberg and New York Legislators have also been helpful in securing funding for Partnership for Mid-Atlantic Fisheries Science (PMAFS) so we are getting better stock assessment data on black sea bass and summer flounder.

Adapted from REPORT: Offshore Wind is Next Clean Energy Wave for New Jersey (Entire report is available on the JCAA website)

The report, Offshore Wind in the Atlantic: Growing Momentum for Jobs, Energy Independence, Clean Air, and Wildlife Protection, makes the following key findings:

• Every state with significant offshore wind resources from Maine to Georgia has taken some steps forward on offshore wind. Northern states (Maine to Maryland) have the most advanced projects while Southern states (Virginia to Georgia) are quickly mobilizing on a series of projects. See detailed chart and state profiles.
• The Atlantic’s shallow water characteristics combined with excellent wind speed make it an ideal location for offshore wind farms. 93 percent of offshore wind projects worldwide are in shallow waters (zero to 30 meters deep). Close to half of the United States’ shallow water offshore wind is along the Atlantic coast.
• While the most extensive European study concluded that offshore wind farms do not appear to have long-term or large-scale ecological impacts, major data gaps for the Atlantic Ocean still exist and site-specific impacts need to be evaluated. A coordinated, comprehensive, and well-funded effort is needed to address these gaps and improve the permitting process.

Advocates stressed the role that offshore wind can play to reduce pollution, protect critical species, and help the environment.

“All New Jersey’s steams, rivers, lakes, estuaries, and lands suffer from the air deposition of mercury, nitrogen and other contaminants from fossil fuel-fired power plants,” said Tom Fote of the Jersey Coast Anglers Association. “New Jersey’s waters are also becoming more acidic because of the same air deposition. We know this is having an effect on the reproduction of shellfish and other species. We need to use non-polluting renewable energy like offshore wind to protect oceans, continents, wildlife and humans as much as we can from the effects of fossil fuels.”

The report was released along the coast today in conjunction with many national and state partners including environmental, sportsmen, labor, and business organizations. These groups call on the federal government to take the following steps:

• Improve the offshore wind permitting process
• Identify ideal, high priority sites with limited resource conflicts off of the Atlantic for quick and thorough permitting
• Invest in and speed research of offshore wind technology and environmental impacts
• Coordinate planning with existing infrastructure and industries such as ports and fishing
• For New Jersey, the most densely populated state in the nation, offshore wind farms will be a necessary strategy to meet the state’s clean energy goals and help curb pollution from fossil fuel-fired power plants. And while European nations have enjoyed the benefits of offshore wind for decades, not a single offshore wind turbine has been built in America

“984 offshore wind turbines are spinning right now in Europe and not one in the Atlantic,” said Curtis Fisher, Offshore Wind Initiative Leader at the National Wildlife Federation. “The six gigawatts of proposed Atlantic offshore wind projects are a great start, but we need a coordinated and comprehensive effort of government and the market to bring these and other projects over the finish line in a way that values the precious Atlantic Ocean ecosystem and its fish and wildlife resources. This new industry holds great potential to create jobs, cut pollution, and reduce our reliance on dirty fossil fuels.”

Finally, some good news. It has been a good month for the bay. The legislative package for Barnegat Bay is moving through the legislative process. By the time you read this newspaper the fertilizer bill should have been signed by the Governor. Other bills should be moving forward for his signature. Governor Christie has released his long-awaited recommendations for Barnegat Bay. These recommendations are included in his press release below. These recommendations are a good first step. Many people have been working to make these first steps a reality. While the news is good, I am still concerned about the proposed closing of Oyster Creek in 2019. JCAA has never asked for the plant to be closed. We have consistently demanded cooling towers on Oyster Creek and Salem Nuclear Power Plant to mitigate the ecological damage to both bodies of water. While many people are pleased with the proposed closing of Oyster Creek, we are left with at least 9 more years of operation without cooling towers. The lack of cooling towers will continue to impede the recovery of Barnegat Bay. My additional concern is that in 2019 there may be pressing energy concerns that allow the plant to remain open, still without cooling towers.

In the next newspaper I will provide you with a more extensive report about the legislation and where we stand at that point. In the meantime you should contact your state representatives to support the entire package of bills. Also go to the JCAA web page under recent news and read the report by Environment New Jersey “Shore at Risk” that looks at a lot of the problems of Barnegat Bay.

Here are the bills:

S1411/ A2290 - Establishes standards for certain fertilizer applications, provides for certification of professional fertilizer applicators, and regulates sale and labeling of certain fertilizers.

Senate sponsors
Smith, Bob as Primary Sponsor
Beck, Jennifer as Primary Sponsor
Connors, Christopher J. as Co-Sponsor
Singer, Robert W. as Co-Sponsor
Ciesla, Andrew R. as Co-Sponsor
Assembly Sponsors
John F. McKeon, as Primary Sponsor
Reed Gusciora, as Primary Sponsor
Valerie Vainieri Huttle, as Primary Sponsor
Patrick J. Diegnan, Jr. as Co-Sponsor
Brian E. Rumpf, as Co-Sponsor
DiAnne C. Gove, as Co-Sponsor
Connie Wagner, as Co-Sponsor


S1410/A2501 - Requires State Soil Conservation Committee to adopt standards concerning soil restoration measures. *

Senate sponsors
Bob Smith, as Primary Sponsor
Christopher Bateman, as Primary Sponsor
Robert W Singer, as Co-Sponsor
Christopher J. Connors, as Co-Sponsor
Assembly Sponsors
Upendra J. Chivukula, as Primary Sponsor
John F. McKeon, as Primary Sponsor
Joan M. Voss, as Co-Sponsor
Patrick J.Diegnan, Jr. as Co-Sponsor


S1815/A2577 - "Ocean County Stormwater Management System Demonstration Act."

Senator Bob Smith as Primary Sponsor
Assembly Sponsors
John F. McKeon as Primary Sponsor
Peter J Barnes, III as Primary Sponsor
Patrick J Diegnan, Jr. as Co-Sponsor


S-1856 / A-2501 - Authorizes measures by Ocean County Planning Board for control of stormwater runoff and nonpoint source pollution.

Senator Bob Smith as Primary Sponsor
Assembly Sponsors
John F. McKeon as Primary Sponsor
Peter J Barnes, III as Primary Sponsor
Patrick J Diegnan, Jr. as Co-Sponsor


S2275 - Directs DOT to study stormwater basins in Barnegat Bay watershed.

Senate Sponsors
Bob Smith as Primary Sponsor
Christopher Bateman as Primary Sponsor


S2341/A3415 - Requires DEP to adopt total maximum daily loads for Barnegat Bay.

Senator Bob Smith Primary Sponsors
Assemblyman John F. McKeon as Primary Sponsor

The fertilizer bill has far-reaching impact on the water quality of the entire state and should be signed into law soon. Willie DeCamp and Save Barnegat Bay deserve the credit for their relentless commitment to the fertilizer bill. They organized a coalition of environmental and fisheries groups to work together. They refused to allow industry to stop the legislation. Willie’s perseverance on this issue is a lesson to us all. He did whatever it took and absolutely refused to be sidetracked. When there is less nitrogen flowing into the lakes, streams and other bodies of water in New Jersey, we need to thank Willie. Again, this is just a first step. There is much public education that needs to be done to bring everyone on board. I know Willie and Save Barnegat Bay will be as relentless in this phase as they were in getting the legislation passed.

Without Senator Robert Smith and Assembly John F. McKeon to lead the fight in the legislature, these six bills would not be making progress towards the Governor’s desk. They held their joint committee meetings at the shore for 3 years, keeping constant attention on Barnegat Bay. They used all of their legislative and negotiating skills to develop these bills and move them through their committees and the Senate and Assembly. They refused to allow the naysayers, and there were many, to get in the way of significant progress.

The Barnegat Partnership was instrumental in bringing all of these resources together. They provided the scientific information needed to make the case for each of these actions. Stan Hales, the program staff and all the volunteers have built the program into a powerful force for saving the bay. When EPA initiated the Barnegat Bay Estuary Program in 1996, I was hopeful that we would see significant progress towards cleaning up Barnegat Bay. Many people questioned how long it has taken to see this type of progress. But I have come to realize that all that time was well spent laying the groundwork and gathering the necessary data to take these first crucial steps. I volunteer for many organizations but serving on the Policy Committee, the Advisory Committee and the former Citizens Advisory Committee have been one of the most rewarding and enlightening experiences. I have learned about the process of consensus building among diverse groups as a way to find solutions to problems and create sustained change.

As we go to press, the NJ Senate passed a free saltwater registry bill. It now awaits action by Governor Christie. JCAA has been trying to get a registry bill passed since the Magnusson Stevens Act was passed in 2006. We offered many options but no action was taken until the deadline loomed. This is the only bill that would allow New Jersey residents and people who fish in New Jersey to be part of the Federal Registry without paying a $15 Federal fee. You should urge the Governor to sign this bill and get the registry in place. This bill does not solve the problem of funding marine fisheries in New Jersey. The Governor and the Legislator must stop putting off the necessary funding to protect the marine resources of this state. JCAA will be working with other groups to push for appropriate funding. This funding is necessary not just for recreational fishing but also for commercial fishing and all the businesses that rely on fishing. Protecting the marine resource is really for all of our citizens who take advantage of the marine resources of this state, bird watching, sailing, boating, swimming or just taking a walk along the beach. The marine resource contributes billions of dollars to New Jersey’s economy. It is criminal that only $700,000 was appropriated from the New Jersey Treasury to run the Bureau of Marine Fisheries.

Excerpted from Press Release:Governor Christie Fulfills Pledge to Clean Up and Restore Barnegat Bay; Announces Comprehensive Plan of Action, 12/9/2010

The ecological health of Barnegat Bay is in decline, threatening the economic health of the region. Governor Christie has made addressing the degradation of Barnegat Bay—including resolving the issue of a cooling system at the Oyster Creek nuclear power plant—one of his Administration’s top environmental priorities. The Bay cannot be restored to pristine condition, but further degradation can be prevented and some restoration is possible. Input gained from extensive stakeholder involvement complemented the scientific data and research conducted by the Department of Environmental Protection and other researchers to provide the basis for the Administration’s action plan for Barnegat Bay.

1. Closing Oyster Creek Nuclear Power Plan
   The State has negotiated and entered into an agreement with Exelon Corporation to stop electric generation at the Oyster Creek Generating Station by December 31, 2019. In order to ensure that the Oyster Creek plant closes on time and operates safely during its remaining life, the DEP will enter into an Administrative Consent Order with Exelon that provides for specific activities and milestones that Exelon must meet; stipulated penalties for failure to do so; and the establishment of an Oyster Creek Safety Review Panel to supplement ongoing DEP safety inspections and oversight at the plant.
2. Funding Stormwater Mitigation Projects
   The State will identify and prioritize for funding projects designed to address nutrient pollution of Barnegat Bay from stormwater basins at the beginning of next fiscal year. Eligible project types will include but not be limited to stormwater sewer repairs, stormwater basin retrofits, salt dome coverings, truck wash facilities, street sweeping/leaf collection equipment, septic management, and land acquisition.
   State Revolving Funds (SRF): $10 million in grants New Jersey Environmental Infrastructure Trust (NJEIT): targeted at $100 million over the next decade for zero-interest or very low-interest loans
3. Reducing Nutrient Pollution from Fertilizer
   Governor Christie will sign legislation that establishes the most restrictive standards in the nation for nitrogen content in fertilizer and application rates for use, reducing excess nutrient runoff into the Bay by decreasing the total amount of nitrogen in fertilizer and increasing the amount of slow release nitrogen.
4. Requiring Post-Construction Soil Restoration
   The Administration will support pending legislation that requires the State Soil Conservation Committee to establish standards that ensure soil is restored to the greatest extent possible through aeration and re-vegetation to prevent soil compaction, which contributes to an increase in stormwater runoff and nonpoint source pollution in New Jersey's waterways.
5. Acquiring Land in the Watershed
   Critical lands need protection from the impacts of development in order to prevent pollutants from entering the Bay. The Green Acres program will identify and prioritize these lands for acquisition and work with willing sellers to purchase them. State Revolving Fund (SRF) monies may also be used for land acquisition, as well as resources from other ecological restoration funding programs.
6. Establishing a Special Area Management Plan
   A Special Area Management Plan (SAMP) will be developed in collaboration with members of the Barnegat Bay Partnership and other planning authorities in the region. The primary goal of a Barnegat Bay SAMP is to improve coordination among planning jurisdictions. The SAMP will take a total of five years and will be funded through the Coastal Zone Management Program’s National Oceanic and Atmospheric Administration Section 309 of the Clean Water Act funds, ensuring that the SAMP will be developed without additional cost to the State.
7. Adopting More Rigorous Water Quality Standards
   The DEP will adopt narrative nutrient criteria for coastal waters and establish a process to further assess and address water quality impairments in Barnegat Bay. The DEP also will investigate the feasibility of establishing numeric targets or criteria which could lead to establishment of a TMDL (Total Maximum Daily Load) for the Bay.
8. Educating the Public
   Changing the behavior of the base and summer populations along the Bay can have significant impacts. The DEP will develop a strategy that leverages the media, environmental advocates, and the Barnegat Bay community to educate the public on how actions as simple as how people landscape their homes, maintain their septic systems, operate and maintain their boats and where they wash their cars cumulatively have significant impacts on the Bay.
9. Producing More Comprehensive Research
   Over the years, extensive research has been conducted on Barnegat Bay, but the work has not been coordinated-resulting in some key gaps in the data. The DEP will work with the Science Advisory Board, Ocean County College, State Universities, the U.S. Geological Survey, and the U.S. Environmental Protection Agency to develop and fund additional research projects including:
   Evaluating the effect of modifying wastewater treatment plant discharges in order to improve circulation and recharge treated water to the groundwater. Establishing the baseline conditions of the Bay. Developing a hydrologic model for the Bay.
10. Reducing Water Craft Impacts
    Boats and personal water craft such as jet skis can harm the Bay by damaging submerged aquatic vegetation and disrupting aquatic habitats. The DEP will review existing research that identifies the locations of these sensitive areas to evaluate the designation of a Conservation Zone.

Washington, D.C. - Congressman Frank Pallone, Jr., Thursday requested Secretary of Commerce Gary Locke intervene on behalf of the recreational fishing public and associated businesses to make the quotas proposed by the National Oceanic and Atmospheric Administration and the National Marine Fisheries Services less restrictive. The proposed 2011 Black Sea Bass quota from the agencies will over regulate the fishery and does not reflect the current status of the black sea bass stock. As the guidelines are currently written, they may have the unintended consequences of a socio-economic crisis.

“Regulations proposed by NOAA and NMFS fail to consider this is a fully rebuilt stock that isn’t being overfished and that these restrictions will have severe consequences for the fishing community,” said Pallone. “Both science and the fishing industry have been ignored and I would like to see changes to the final regulations.

In order to offset the overly restrictive regulations issued by NOAA and NMFS, Pallone asked for support from the Secretary of Commerce to ensure that the agencies act on his suggestion to increase total allowable landings – what fishermen can bring in the boat minus incidental deaths – by just under one million pounds. Pallone’s proposed change to the regulations would not hinder efforts to continue to rebuild the fishery which is currently rebuilt and not being overfished. Pallone also believes his request is in line with current science-based data recommendations.

“The recreational fishing public continues to be regulated in reliance upon the same Marine Recreational Fisheries Science Survey data that was intended to be replaced by now. This is unacceptable,” Pallone said.

The text of the letter appears below.

Summer Flounder Recreational Management Measures for 2011

Move conservation equivalency for 2011 summer flounder fishery with a non-preferred coastwide measure consisting of an 18.5 inch TL minimum fish size, 2 fish possession limit, and an open season from May 1 through September 30, 2011. In addition, the precautionary default measure consisting of a 20.0 inch TL minimum fish size, 2 fish possession limit, and an open season from May 1 through September 30, 2011.
Council: Munden/deFur (14/4/1)
Board: Munden/Augustine (8/0/1/1) passed by show of hands
Motion carries

Scup Recreational Management Measures

Move NOAA and the MRFSS program provide a wave data report that explains the assumptions, extrapolations, and methodologies regarding the final catch data.
Zeman/no second
Motion fails

Move that states MA through NJ adopt a 9" minimum TL, 10 fish possession limit, and a 30 day bonus season with 30 fish bag limit for all anglers with no closed season. For all other states an 8" minimum TL, 10 fish possession limit with no closed season.
Board: Simpson/Augustine
Council: Augustine/Zeman
Motion

Substitute motion to reconsider 2011 Scup TAL.
Board: Augustine/Munden (9/0/1/0)
Council: Pate/Munden (18/0/1)
Motion carries

Substitute becomes main motion.
Board: 9/0/1
Council: 18/0/1
Motion carries

Move to increase 2011 TAL to a level associated with a 5.74 million pound recreational harvest limit, and maintain status quo recreational management measures in federal and state waters.
Council: Pate/Anderson (17/0/1)
Board: Augustine/Munden (9/0/1/0)
Motion carries

Black Sea Bass Recreational Management Measures for 2011

Move to recommend status quofor the 2011 recreational black sea bass fishery in the waters of the EEZ and to direct ASMFC staff to initiate an addendum to the Summer Flounder, Black Sea Bass, and Scup Fishery Management Plan that will address the regional imbalance in the recreational black sea bass fishery and will provide regional and /or state specific allocation scenarios that include season, size limits, and possession limits by area for 2011.
Board: Luisi/Augustine
Council: Luisi/Augustine

Move to table above motion.
C King/Anderson (18/0)
B Augustine/Munden 10/0/0
Motion carries

Move to recommend status quo for the 2011 recreational black sea bass fishery in the waters of the EEZ. Direct ASMFC staff to initiate an addendum to the Summer Flounder, Black Sea Bass, and Scup Fishery Management Plan that will address the regional imbalance in the recreational black sea bass fishery and will provide regional and /or state specific allocation scenarios that include season, size limits, and possession limits by area for 2011.
Augustine
no second
motion fails

Move to adopt a 13" minimum fish size, 25 fish possession limit, open season from 7/1 to 10/1 and 11/1 - 12/31.
Council: Augustine/Kray
Board: Augustine/Cole

Substitute above motion to adopt a 13" minimum fish size, 10 fish possession limit, and an open season of 5/30 - 9/5 and 11/1 - 12/31.
Board: Pierce/Luisi (5/13/1)
Council: King/Schafer
Motion fails