Fisheries Management & Legislative Report
by Tom Fote
(from Jersey Coast Anglers Association March 2011 Newsletter)
Contents:
The Problem with Emails: Editorial by Tom Fote A few years ago, I wrote some articles about working together. Last month I again called for a positive working environment. One of the issues we need to address again is emails. When I first addressed this issue, I was talking about how we communicate with one another or small groups who are copied on an email. The world has changed again. We now have Facebook, YouTube, and list servers that can send to thousands at once. This means we need to use even more caution in what we send or post. The growing tendency is to respond to an email or post immediately without giving the tone or content of your message any thought. Frequently people post or email becomes personal rather than a reasoned debate about the issue. People will often say something in an email they would never say to someone’s face. It is hard to look someone in the eye and repeat some of the things I see in emails. If you feel that strongly, it takes courage to confront someone directly. It seems easier to hide behind a keyboard than have a face-to-face conversation. I am calling on everyone to consider a phone call or a personal conversation in lieu of an email or post. At the very minimum, emails should go directly to the person involved and not be sent out to an entire list. Don’t hit reply to all. We are losing an audience because people are disgusted with these back and forth arguments. List serves are meant for facts and alerts. They are not for personal arguments or a boxing ring. Emails should be kept to the facts regarding the issues, not the personalities. There is room for personal opinion, not personal attacks. The “attackers” often agree on most of the issues but sometimes want to go to war to denigrate the other person and their organization for their purposes. I know many of these people and know what appears in the emails is only a detail, not the real issue. We need to understand that this “infighting” only empowers those with whom we don’t agree at all. They enjoy that we “divide” so they can “conquer”. Summer Flounder As you read in the President’s Report, we now have the summer founder options. Please read that column before the next meeting so JCAA can take a position. I want to focus on the Connecticut 2011 Summer Flounder proposal. One of the options Connecticut proposed is a smaller fish allowed for shore-based anglers. This is something JCAA has been calling for, for years. When we raise size limits on any species, the most affected are the shore-based anglers. That includes our fellow anglers who can’t afford a boat, a charter or a party boat ticket. This is a man, woman or child who stands on a dock and tries to catch something they can take home to eat. We have greatly limited their ability to do so. The larger fish are not so available at the dock, in the canal, on the pier or from the shore. They are also the anglers who have not caused any of these problems because of their limited ability to target the fish where they are feeding, spawning or congregating. Connecticut considered the data that showed that they had basically eliminated the shore-based anglers from taking home summer flounder. I am hoping that in 2012, after looking at the results of the Connecticut pilot project, ASMFC and all the federal fisheries management councils will make this a coastwide priority. New Jersey needs to look at the same type of proposals for many of its managed species. We need to stop using discriminatory fisheries management practices. I was proud to make the motion and fight for its passage. Cleaning Up the Lakes, Rivers, Streams, Estuaries and Bays The Governor and the Legislature have taken the first steps to cleaning up Barnegat Bay. The fertilizer bill will actually have statewide implications and will help in every river, lake and stream. Limiting the use of fertilizer will cut down on the nitrogen flowing into every body of water. The major sources of nitrogen, mercury and other pollutants are from air deposition from power plants and other industries located in the Midwest. There are many more pollutants flowing into our water from the air, sewer systems and ground water. These are having a major negative effect on the ecosystem of the entire country. The Clean Water and the Clean Air acts were passed during the Nixon Administration to address these problems. This was not a Republican or Democratic issue. Currently, however, there are individuals in both parties who care more about their state-based businesses than they do about the nation’s health. We see this at both the federal and state level. They are using the struggling economy and jobs to support their anti-environment actions. Most of us recognize that environmental laws were not the cause of the economic crash and the loss of jobs. We need to be creating jobs and infrastructure to address these problems, not ignoring them until they get worse. JCAA is focused on the drugs and other pollutants that enter the environment through the sewer systems. We need to invest in sewage treatment plants so we don’t have fish and wildlife that are failing to reproduce or showing other anomalies. If we see those problems in wildlife, we’re next. At a recent congressional hearing, EPA Administrator Lisa Jackson stated, “Chairman Upton’s bill is part of an effort to delay, weaken or eliminate Clean Air Act protections of the American public…Politicians overruling scientists on a scientific question – that would become part of this committee’s legacy.” (NY Times, 2/13/11) We need to be vigilant. In the last 35 years I have seen more excuses used to justify environmental degradation. We are here as stewards of the environment. By being stewards of the environment, we are protecting our families and their families to come. Pots Off the Reefs Reef Rescue asked JCAA, New Jersey Outdoor Alliance and other interested groups to meet and reinvigorate the pots off the reefs campaign. We all agreed that this campaign must move forward immediately. This is an election year and our representatives will be eager for our votes. You will be hearing more from Reef Rescue in the upcoming weeks. Please respond to any action alerts and help us move these bills through the legislature and to the Governor’s desk. The Senate bill is S221 and the Assembly bill is A1152. The Senate bill already moved out of committee unanimously and is ready for a vote by the full Senate. Below is a letter that JCAA is sending to all New Jersey State senators and Senate President Sweeney. It is crucial that you write Senate President Sweeney and your own state senator immediately. Senator Sweeney has already committed to posting this bill if we ask for this action. JCAA is now asking and he needs to hear from everyone. Please use the letter below as guide in creating your own letter. The Assembly bill has not been posted by Assemblyman Nelson Albano for a vote in the Assembly Agriculture and Natural Resources Committee. Please contact Assemblyman Albano, particularly if you are in his district. Assembly Speaker Sheila Oliver has the power to encourage him to post the bill. Please contact her as well and let her know this action is important to you. JCAA will be writing to the Assembly Speaker, Assemblyman Albano and other members of the Assembly asking them to follow the Senate’s lead and pass A1152. Your help is needed. To find the appropriate addresses, go to www.njleg.state.nj.us. You can find the names and addresses of your legislators. You can also check their votes on important legislation. JCAA, Reef Rescue and other member organizations will keep you posted. More information about Pots Off the Reefs at www.njreefrescue.com or at www.jcaa.org newspaper archives.
West Marine Talk on March 17 Before you go out and celebrate on Saint Patrick’s Day, come to West Marine in Brick and join me and Stan Hales, Ph.D. as we talk about Barnegat Bay and other estuaries. We will discuss their important role as nurseries for the fish we catch and the bait these fish depend on. We will be discussing the legislation designed to protect the bay and Governor’s proposals for the bay. We will also discuss the Barnegat Bay Partnership. I will also be doing a talk at West Marine on April 7th discussing this year’s upcoming fisheries regulations and how they come about.
West Marine Release: ASMFC Meeting Week & Hearings There are upcoming ASMFC hearings in New Jersey. Although the Tautog hearing has already happened, the public comment period is still open. The other two hearing dates are below. The draft documents are on the ASMFC webpage. At the upcoming meeting week, we will be voting on these draft addendums. Do not sit on the sidelines. This is a time for your participation. Don’t complain if you haven’t done the research, attended a hearing or sent in your comments. The ASMFC makes comments easy on their webpage. Your comments may be brief and just express your feelings about the proposals. Just speak from your own experience. A simple yes or no on a proposal is better than not responding at all. ASMFC Meeting Week Schedule
March 21, 2011 ASMFC Public Hearings
The NJ black sea bass public hearing (assuming the Draft addendum will be approved by the FAX/e-mail vote): Governor Christie Vetoes LNG Offshore Natural Gas Project to Safeguard New Jersey’s Environment, Economy and Security
For Immediate Release Trenton, NJ - Further demonstrating his commitment to protect New Jersey's coastal waters and natural resources, Governor Chris Christie today invoked his authority under the federal Deepwater Port Act, vetoing a proposed deepwater liquefied natural gas operation 16 miles off the coast of Asbury Park. The action prevents Liberty Natural Gas from constructing and operating its proposed offshore port to receive foreign vessels transporting liquid natural gas (LNG) to the U.S. for regassification. "I take very seriously our obligation to protect the environmental health of our coastal waters,” said Governor Christie. “Offshore LNG poses unacceptable risks to the State's residents, natural resources, economy and security. We must ensure that our 126 miles of shoreline remain an economic driver for tourism and that our fishing and shellfish industries remain healthy and productive now and for future generations.” As outlined in federal filings last September and October, the proposed deepwater port, at which the company would regasify liquefied natural gas for transport onshore, is only one component of Liberty Natural Gas' proposal. The project also would entail construction of a 9.2 mile onshore pipeline from Linden to Perth Amboy, and 44 miles of submerged pipeline designed to transport up to 2.4 billion cubic feet per day of natural gas from the deepwater port to shore. "New Jersey has invested much time, energy and resources into encouraging renewable energy, and its commitment has made the State one of the leaders in the nation on this front,'' Governor Christie wrote in his veto letter to David Matsuda, Administrator of the federal Maritime Administration. "The Liberty Natural Gas project could stifle investment in renewable energy technologies by increasing reliance on foreign energy sources, which would undermine all of the progress made by New Jersey to promote sustainable energy.'' In addition to potential harmful impacts on recreational and commercial fishing, shellfisheries and tourism industries vital to the State's economy, other reasons for the Christie Administration's opposition to the Liberty Natural Gas proposal include its proximity to large population centers; potential discharges of harmful wastewater into the environment as well as increased homeland security demands on the U.S. Coast Guard and New Jersey's Homeland Security personnel to deal with potential environmental disasters and the disruption of port commerce. "The Governor continues to prove his commitment to protecting our air, lands, waters and natural resources, and recognizes that the ocean is our most valued treasure,'' said DEP Commissioner Bob Martin. "This project just has too many unacceptable risks to our environment and to the safety and welfare of the State's residents. Last year, Governor Christie announced his strong opposition to oil drilling off the New Jersey coast, and on Earth Day 2010 first publicly stated his opposition to allowing LNG facilities to be located off the State's coast. Oyster Reefs are Vanishing from Overharvesting
by John Collins Rudolf, New York Times, 2/3/2011 Roughly 85 percent of the world’s oyster reefs have disappeared since the late 19th century, with many formerly prolific reefs rendered “functionally extinct” because of overharvesting and other manufactured causes, according to a new study published in BioScience. Areas where wild oysters have largely been extinguished include the Wadden Sea in Northern Europe and Narragansett Bay in Rhode Island. Oyster reefs were once the dominant ecosystem in the world’s temperate bays and estuaries, but destructive dredging by fishermen, pollution and the spread of disease through the introduction of non-native oyster species have led to their widespread decline. “Oyster reefs were hugely abundant — they were the coral reefs of our temperate world,” said Mike Beck, leader of the research team, and senior scientist with the Nature Conservancy. “Now we’ve lost 85 percent of those reefs.” About three-quarters of the world’s remaining wild oyster reefs are found in just five locations in North America, the study found. But in only one of these regions — the Gulf of Mexico — were oyster populations deemed relatively healthy. “The Gulf of Mexico is likely the last best place where there’s a chance for large-scale reef conservation and sustainable fisheries,” Mr. Beck said. The oil spill in the Gulf of Mexico last year did not significantly harm oyster reefs in the region, he said. But in the early days of the spill, Louisiana officials ordered the opening of giant valves on the Mississippi River, in a bid to flush incoming oil out of fragile marshes. In the process, some key oyster beds were killed by the sudden drop in salinity. Kenneth Feinberg, the administrator of the $20 billion BP spill compensation fund, recently authorized payments to oyster harvesters for losses related to the spill, which are estimated to run higher than those for other fisheries. Despite the damage from the BP spill, the oyster reefs of the Gulf of Mexico remain the healthiest and most productive on the planet, Mr. Beck said. In the past, oysters made for inexpensive food for the working class, but as reefs have vanished, their scarcity has made them more of a delicacy. In San Francisco, for instance, oysters were one of the primary foods given to Chinese workers building the railroads at the turn of the century. While the abundance of oysters has declined sharply, global demand remains high, putting increasing pressure on the world’s last wild reefs. “The fact of the matter is, anywhere where there are oysters in abundance, we’re doing the job to take every last one, it seems,” Mr. Beck said. “That’s even true in places like Chesapeake Bay.” Appeal Filed in Dredge Project
by Jessica Beym, (jbeym@sjnewsco.com), Today's Sunbeam, 2/3/2011 Five environmental groups have filed an appeal in U.S. District Court in Delaware and plan to appeal a similar ruling by a judge in New Jersey that allowed the Army Corps to proceed with its Delaware River deepening project. Work on a 12-mile stretch of the river near Salem was completed between March and November 2010 at a cost of $30 million. While there's currently no federal budget allocated for the project, the Army Corps plans to deepen another 5-mile stretch of the river going north from the Delaware Memorial Bridge this July or August, according to Ed Voigt, Army Corps spokesman. The environmental groups are trying to put a stop to it, saying the Army Corps is violating a number of federal and state laws protecting the water and environment. The Delaware Riverkeeper Network, New Jersey Environmental Federation, Clean Water Action, Delaware Nature Society and National Wildlife Federation filed the paperwork to begin the appeal process of U.S. District Judge Sue Robinson's decision. In November, Robinson, whose courtroom is in Wilmington, denied a motion filed by the State of Delaware and several environmental groups seeking a stay on dredging the river channel to a depth of 45 feet from the current 40 feet. A similar lawsuit to stop the project was thrown out of federal court in New Jersey in January by federal Judge Joel Pisano. The five environmental groups plan to appeal that ruling as well, according to Maya van Rossum, Delaware Riverkeeper. Van Rossum said the District Court judges both ruled, but for different reasons, that the deepening project was not in violation of state and federal laws and should be allowed to proceed. The Riverkeeper Network and the other environmental groups say otherwise. They contend the dredging project violates a number of federal and state laws and that the proper environmental impact studies have not been performed. Van Rossum said they're appealing Robinson's ruling on both the legal interpretations and what they believe are "factual errors" in the rulings. "What we think is that the judge inappropriately applied the law and gave undue deference to the claims and positions of the Army Corps of Engineers, essentially limiting our ability to talk about documents to only those documents the Army Corps put forth," van Rossum said. She said there are other public documents that would support their belief that the Army Corps is circumventing laws to push the project forward. "Our appeal isn't just about the Delaware deepening; it is about the precedent that is getting set for all federal projects on our river and every other river in the country. If the Army Corps is allowed to operate above the law here and now, it will be allowed to do so everywhere Ð and every community, every river, every environment, and all the drinking water, jobs, and fish for food they provide will be in jeopardy from our very own federal agency." Jane Nogaki, vice chair of the New Jersey Environmental Federation, said the Corps should be held to the same standards as other private or public entities. "We are confident that when the full weight of evidence is heard by the judge, that a ruling will go in our favor to protect the precious resources of the Delaware River," said Nogaki. Supporters of the dredging project have long contended that the deepening is necessary to keep Philadelphia's ports viable and able to serve the larger ships that travel through the Delaware River. Voigt said the Corps by practice does not comment on pending litigation. Delaware Estuary Improving as Three-day Conference on the Watershed Kicks Off
by Michael Miller, Staff Writer, Press of Atlantic City, 1/31, 2011 CAPE MAY - Scientists and government regulators are meeting this week to address future risks to the Delaware estuary, the sprawling region that provides drinking water to millions of people. The Partnership for the Delaware Estuary is hosting a three-day conference that started Monday at the Grand Hotel to talk about water quality, energy demands, climate change and conservation in this watershed that covers 6,000 square miles. For the most part, the news is good, said Jennifer Adkins, the group’s executive director. “We have a lot of uses on the Delaware Bay. It’s a pretty resilient system,” she said. The estuary is home to a major shipping channel, provides fisheries for commercial and recreational fishermen, is a major spring stopover for migrating shorebirds and is home to rare species such as shad and shortnose sturgeon, which are showing signs of recovery. Freshwater mussels have been found in the estuary - another sign of good water quality, Adkins said. But the river is still home to perch and catfish with high levels of toxins called polychlorinated biphenyls. The group’s latest five-year report on the estuary found positive indicators such as a high amount of dissolved oxygen, necessary for a healthy fish population. “At one point the river was in bad shape with no dissolved oxygen,” she said. Now researchers are seeing some predators such as striped bass and American bald eagles bounce back in the estuary. This is good news for people who rely on the river for their cup of coffee or morning bath, said Josef Kardos, a Philadelphia engineer. Unlike southern New Jersey, which relies on groundwater drawn from wells, most people north of Trenton get their water from the river or surface reservoirs. Philadelphia tests river water for acidity, pollution and oxygen levels, among others, Kardos said. “Now we’re looking at emerging contaminants such as pharmaceuticals,” he said. Most water-treatment plants do not filter the drugs that Americans consume and inadvertently dispense into the water system when they go to the bathroom. Kardos said the issue now is studying the costs and benefits of filtering these drugs from the water supply. And climate change could affect river levels, drawing salty Delaware Bay water farther up the river during droughts. But controlling the flow of the river upstream can keep saltwater from migrating north into drinking supplies, he said. Maryland DNR Press Release: Illegal Striped Bass Seizure Spurs Shut Down of February Gill Net Season DNR, Stakeholders Offer Reward for Information Leading to Rockfish Poachers' Arrest Annapolis, MD (February 4, 2011) — The Maryland Department of Natural Resources (DNR) has shut down the February striped bass gill net season after Natural Resources Police (NRP) confiscated more than 10 tons of illegally caught striped bass in two days. NRP seized the 20,016 pounds of rockfish from four illegally anchored gill nets found near Bloody Point Light, south of Kent Island in the Chesapeake Bay. “Wanton illegal behavior cannot, will not be tolerated,” said Secretary John Griffin. “The people of Maryland have invested far too much time, effort and money into restoring striped bass, our State fish. These poachers are stealing from every Maryland citizen... including from our honest, hardworking watermen who follow the law. I particularly want to commend our dedicated Natural Resources Police officers, many of whom staked out the sites overnight, during terrible weather conditions.” Maryland’s commercial striped bass fishery is managed on a quota system, in cooperation with the Atlantic States Marine Fisheries Commission; the commercial gill net quota for February is 354,318 pounds. When the illegally harvested striped bass confiscated by the NRP were deducted from the quota, DNR was forced to immediately shut down the fishery. The fishery will remain closed until DNR can determine the extent of illegal nets out on the Bay and the amount of striped bass caught in those nets. “Watermen are allowed to catch about 300 pounds of rockfish per day. We seized 20,000 pounds. That means these poachers are stealing 66 days of work from honest watermen,” said DNR Fisheries Service Director Tom O’Connell. The State, along with the Coastal Conservation Association (CCA), The Maryland Watermen’s Association, the Maryland Saltwater Sportfishermen’s Association and the Maryland Charter Boat Association, is offering a reward of more than $7,000 for information that leads to the arrest and conviction of a person or persons responsible for setting these anchored gill nets in the vicinity of Bloody Point Light. Funding for the reward will come from dedicated funding as well as contributions from these stakeholder groups, who are publicly denouncing these crimes. “Today’s announcement demonstrates that illegal fishing that steals the resource from all Marylanders will not be tolerated,” said CCA Maryland Executive Director Tony Friedrich. “We look forward to working with the Department and other stakeholders to insure that the penalties for these types of crimes are strengthened and those responsible are held fully accountable.” “The Maryland Watermen’s Association is here to protect the honest fisherman,” said Association President Larry Simns. “Like to do anything in our power to catch the person responsible for this and we hope they lose their license.” “The Maryland Saltwater Sportfishermen’s Association is extremely disheartened and outraged over the events of the past several days,” said Executive Director Dave Smith. “This type of flagrant disregard for the law and our vital resource must end. The MSSA is working with the Department and other stakeholder groups to put in place deterrents and meaningful consequences for these types of crimes.” The NRP found the first anchored gill net on Monday, January 31 at 2 p.m., the day before the February striped bass gill net season opened. Officers began a surveillance detail and after 17 hours without activity officers pulled up the net, which was full of rockfish. Officers continued pulling the net and offloading the fish until 9 p.m., when 6,121 pounds of fish were taken out of the 900 yards of illegal anchored gill net; 400 pounds were given to state biologists for use in an expanded gender sampling survey, and 5,721 pounds were sold. Officers located another net at about 9 p.m. near the first net and began to pull it up immediately. NRP continued to load the net and fish into patrol boats throughout the night. While loading the second net, officers found two additional nets. The NRP worked until 5 p.m. Wednesday evening, landing an additional 13,895 pounds of illegally caught fish. Officers also recovered 2,100 yards of anchored gill net from the Choptank River on Sunday, January 30, and 100 yards of anchored gill net from the mouth of the Chester River on Thursday. These nets had a few fish that were released alive. Information on this crime may be called into the Natural Resources Police Catch-a-Poacher Hotline at 800-635-6124. Callers may remain anonymous. Photos of the seized rockfish can be found here. Christie Vetoes Offshore Gas Terminal Project
by Tom Dunphy, BrickPatch, 2/9/2011 Governor Chris Christie has vetoed a proposal that would allow a liquefied natural gas terminal off the coast of New Jersey in a move that environmental groups are calling a major victory in the fight to protect the marine environment. The veto came on Tuesday. The Liberty Natural Gas project would have consisted of 44 miles of submerged offshore pipeline and nine miles of onshore pipe. The station would have been beyond view from the shore, with pipes extending from a location off the Asbury Park shoreline to a terminal in Linden. “This is a clear victory for the ocean,” said Cindy Zipf, Executive Director of Clean Ocean Action, in a release. “It is our most treasured natural resource and it will now be free from harmful industrialization.” The veto comes after several years of protests from various environmental groups, who have opposed the project since its inception. “The Governor’s veto today keeps New Jersey’s eye on the prize — environmentally and economically, we need to be developing clean renewable energy and becoming more energy efficient instead of relying on dirty and dangerous options like liquid natural gas on the Jersey Shore,” said Dave Pringle, Director of the New Jersey Environmental Federation. Christie stated publicly on Earth Day 2010 that he would veto any off-shore liquified natural gas projects. Shortly after that announcement, Atlantic Sea Island Group, who had planned to build an LNG facility off the coast of Sea Bright, and ExxonMobil, who had planned to construct a LNG storage facility off Sea Girt, both withdrew their plans. Only Liberty continued their plans. “I take very seriously our obligation to protect the environmental health of our coastal waters,” said Governor Christie. “Offshore LNG poses unacceptable risks to the State’s residents, natural resources, economy and security. We must ensure that our 126 miles of shoreline remain an economic driver for tourism and that our fishing and shellfish industries remain healthy and productive now and for future generations.” While lauding the governor’s recent action, environmentalists insist the fight is not over. Local activists will now push for permanent federal protection of New Jersey’s coasts from future LNG projects. State Adopts Preliminary Rules to Govern Offshore Wind Market
by Tom Johnson, NJ Spotlight, 2/11/2011 How hot is New Jersey’s offshore wind market? Hot enough to convince a developer to file an application before the state adopted preliminary rules governing the development of offshore wind farms. On Wednesday, Fisherman’s Energy of New Jersey, LLC filed an application to build the first phase of its proposed offshore wind farm about three miles off Atlantic City. The project envisions a 25-megawatt facility, the first phase of a proposal expected to deploy up to 300 megawatts of wind capacity. "We are very focused on building the first offshore wind farm in New Jersey," said Daneil Cohen, president of Fishermen’s Energy. "We are still looking to build next year." As the company was well aware, the filing came the day before the Board of Public Utilities (BPU) approved new rules concerning the development of offshore wind projects. These regulations include an Offshore Wind Renewable Energy Certificate (OREC) program, which will require all projects to demonstrate a positive net economic impact on the state. Cohen’s optimism may be dimmed by the BPU's assertion that it is unlikely any ORECs will be operating in the next 18 months. In recognition of that, the new rules do not address some of the major issues concerning the offshore wind farms, which have emerged as a priority of the Christie administration. Those issues revolve around the funding of the ORECs and how ratepayers will absorb the costs of developing offshore wind farms, which will deliver cleaner electricity but at much higher costs than conventional power sources like nuclear, natural gas and coal-fired plants. Under the rules, any offshore wind project approved by the state must have a positive net economic impact "and thereby improve and protect New Jersey’s economic standing," in the words of BPU President Lee Solomon. The rules require a cost-benefit analysis that indicates the potential impact upon electricity rates of residential and industrial customers over the life of the project; impact on income, employment and business taxes; and net environmental impact. The net economic impact benefit is emerging as possibly the biggest hurdle to winning approval from the board. Already, one developer, Garden State Offshore Energy, is considering expanding its proposed project from 350 megawatts to 1,000 megawatts because it believes only a project of that scale will be able to attract enough related manufacturing to justify the net economic benefit. The state rules come on the heels of the designation by the federal government of a wide swath of New Jersey coastal waters as Wind Energy Areas, a move aimed at streamlining the federal permitting process, which before the designation could have taken between seven and nine years. Besides Garden State Offshore Energy and Fishermen’s Energy, two other developers have expressed interest in building offshore wind farms off the New Jersey coast. They are NRG Bluewater Wind and OffshoreMW.
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