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by Tom Fote
(from Jersey Coast Anglers Association May 2004 Newsletter)
Amendment 13 to the Northeast Multispecies Fishery Management Plan
Finding an Environmentally Friendly Replacement for the World Trade Center
Recreational Fishing Position Statement on Findings of the U.S. Commission on Ocean Policy
Since the last newspaper, I have been very busy. I attended a New Jersey Marine Fisheries Council meeting, an EPA dredge meeting, participated in conference calls with the Marine Fish Conservation Network, and went to the Ocean County Mayor’s meeting where Commissioner Campbell was the guest speaker. I also attended a two-day meeting in Annapolis for the ASMFC Habitat Committee. I have been to Trenton for meetings on the Highlands and several other issues. In addition, I attended two meetings of the Barnegat Bay Estuary Program. There never seems to be a slow season for fisheries management and the meetings listed above represent only a few of the meetings I attended this month. This week (April 19th) I will attend meetings on the Oceans Commission Report, fish testing, JCAA Fluke Tournament, and mercury along with two conference calls.
There are two articles included in this newspaper by Ed Cherry and Paul Turi that discuss the Oceans Commission and testing for toxics in fish. I hope you can attend these meetings or send your written comments.
The Atlantic States Marine Fisheries Commission is scheduled for May 25th. In preparation for this meeting, the Division of Fish and Wildlife developed some proposals for review by the Striped Bass Technical Committee. Once these proposals are reviewed by the Technical Committee, there will be hearings to discuss what action New Jersey should take. Legislation is required to make any changes in New Jersey’s Striped Bass Regulations. JCAA will work for consensus among all the anglers of the state. I will keep people informed via email. If you are not on my email list, please contact me at tfote@jcaa.org . JCAA Striped Bass committee will schedule a meeting before the public hearings.
The Oceans Commission Report will be released April 20th followed by a 30-day comment period. Paul Turi’s article explains what DEP is proposing in anticipation of the recommendations in this report. I have also included an article from ASA discussing their intention to work with the Oceans Commission. I also serve on the executive committee for the Marine Fish Conservation Network. The MFCN is preparing documents in response to this report.
JCAA will review the report and all the available information before developing a response. There will probably be some recommendations we like and some that generate concerns. We will keep you informed and will be asking for your input as we form a committee to develop our response. There will be considerable pressure on federal and state legislatures to respond by implementing many of the recommendations. It is important for us to pay attention and provide our elected officials with our input.
JCAA has become involved with the Highlands Water Protection and Planning Act. We realize that our water resources and needs are interrelated throughout the state. Any water problem experienced in the Highlands has an impact on the rest of the state. With our continued population growth and the greater demand for water, our current problems with water quality and quantity will only get worse. When we see the price of gas rise at the pumps we immediately become aware of shortages. But it is easy to ignore the mounting problems we face with our water. Experts believe that water will become the crisis of this century.
The Highlands Protection and Planning Act is an attempt to begin the process of protecting our water supply. The article below is the testimony that George Howard gave at a joint hearing of the NJ Senate and Assembly Environmental Committees. Please read this article for more information about this important issue.
NJ State Federation of Sportsmen’s Clubs
Position StatementS1 / A2635 – The “Highlands Water Protection and Planning
Act”.
(S1 – Primary Sponsors – Senators Bob Smith, District 17; Robert Martin, District 26. Co- sponsors – Senators Richard Codey, District 27; Joseph Palaia, District 11; Joseph Vitale, District 19. )
(A2635 – Primary Sponsor – Assemblyman John McKeon, District 27,
The New Jersey State Federation of Sportsmen’s Clubs, representing over 400 clubs with 25,000 members statewide, strongly supports the enactment of S1/A2635 the “Highlands Water Protection and Planning Act”. This bill represents long overdue and much needed action by our state, regional and local governments to protect the most important natural resources in the Highlands region. The Federation would like to call attention to the urgency of the situation as it exists today, which demands immediate effective governmental action to put an end to the destruction of the Highland’s natural resource base, which is occurring daily through virtually uncontrolled developmental sprawl.
Our members are particularly interested in aspects of this legislation which would protect Highland’s water, forests, open space and wildlife habitat. We see the need for the establishment of a regional planning council, made up primarily of Highland’s residents, and the identification and immediate protection the bill provides for a core protection area as recommended by the recent Highlands Task Force Action Plan. We thoroughly endorse the findings of the Task Force related to regulatory protection of the waters, steep slopes, forests and other natural resources of the Highlands region, and recommend Category 1 (C-1) classification for all Highlands streams and rivers.
We see the need for a coordinated approach to planned land acquisition within the Highland region between state, county, local and non-profit entities, supported by adequate funding to complete the job in a timely fashion.
The public awareness of Highlands environmental concerns, generated by the formation of the Highland Task Force, has provided a once in a lifetime opportunity to reverse a long standing disregard for natural resource destruction which has been pervasive in New Jersey governmental circles for generations.
While it is too late for much of New Jersey when it comes to maintaining natural resource values which would provide the quality of life most of us desire, it is still not too late for much of the Highlands region. It is imperative, however, that the resource protection measures outlined in the Highlands Task Force Action Plan and S1/A2635 be enacted without delay as time is of the essence. Each day sees more and more developmental sprawl and natural resource destruction statewide, which unfortunately, has become accepted by the average citizen and generally ignored in New Jersey governmental circles.
It is also later than you think for the natural resources of the Highlands and the New Jersey citizens whose very quality of life depends on them. It is to be hoped that we have finally learned our lesson regarding our acceptance of natural resource destruction caused by virtually uncontrolled development. The opportunities provided by S1 /A2635 will probably not come this way again.
Respectfully submitted,
George P. Howard, Conservation Director
New Jersey State Federation of Sportsmen’s Clubs
April 10,2004
NOAA Fisheries announces new regulations implementing Amendment 13 to the Northeast Multispecies Fishery Management Plan. The final rule (Rule. I.D. 122203 Amendment 13 to the Northeast Multispecies Fishery Management Plan) was filed today, April 16, 2004, at 12:08 p.m. and will be published on April 27, 2004. Unless otherwise specified, the effective date for these new requirements is May 1, 2004. All management measures that were in effect prior to May 1, 2004, and that are not modified by the new regulations, will remain in effect.
Note: This was the earliest publication date that the OFR could give us due to the size of this document and factoring in the size of other documents already scheduled to publish in the Federal Register.
To access the permit holder letter, copy of the federal regulations as submitted to the Federal Register, and other materials related to Amendment 13, visit the Northeast Regional Office Amendment 13 homepage at: http://www.nero.noaa.gov/amend13/ .
For more information or questions related to Amendment 13 and its final rule, contact the Sustainable Fisheries Division at 978-281-9315.
The twin towers of the World Trade Center were not environmentally friendly. The cooling system pulled water directly from the Hudson River, causing many ecological problems. The World Trade Center also dumped untreated sewage into the Hudson River for many years. As we look for an appropriate replacement for the World Trade Center and seek to honor all those who lost their lives there, we need to remember to look at the environmental impact. It does not honor the heroes of 9/11 if we allow the new buildings to have a negative impact on the environment. The article below discusses some of the environmental issues to consider.
Taking Account of Ecology at Ground Zero
By David W. Dunlap
Published: April 15, 2004
NY timesAQUATIC biota gotta swim, terrestrial resources gotta fly.
Fish and birds, the smallest stakeholders in the redevelopment of the World Trade Center site, have been accounted for in the final environmental impact statement, which is to be made public today. And they may end up influencing some very large projects.
A plan to recreate a central cooling plant for the entire development, using Hudson River water drawn and expelled through five-foot-diameter pipes, has been criticized for its potential harm to marine life (or "aquatic biota" in the language of the statement). And fears have also been raised about birds being killed in collisions with the Freedom Tower (discussed under the heading "terrestrial resources").
"The Hudson River flyway is very important for migratory birds, and we have to be aware of that," Gov. George E. Pataki said yesterday.
The environmental statement, approved Tuesday by the Lower Manhattan Development Corporation board, offers no definitive answers. But it does open what may become an important debate over ground zero: how the built environment affects the natural environment of which it is necessarily - if incongruously - a part.
At first, it is surprising to think that striped bass, white perch, bay anchovies and winter flounder have a stake in the design of the future World Trade Center. But these are among the species that were most commonly trapped by or drawn into the intake pipe of the original trade center cooling system.
That system drew water from the Hudson, pumped it through a refrigeration plant under the twin towers, where it was used to cool the air supply, and then returned it to the river. The pipe ends are still visible in the west foundation wall.
Current planning calls for a system that could take advantage of the surviving infrastructure - pipes, pumps and intakes - as the most economical and efficient way of cooling all the new buildings.
At the height of summer, the old system drew an estimated 63 million gallons of water a day. The corporation does not expect the future project to draw more than that and believes it may be considerably less.
In the draft environmental statement issued in January, the development corporation said "losses to aquatic biota" would "not be expected to be significant in 2009, but may be significant in 2015, if withdrawal volumes exceed projected flows."
A group of conservation organizations including Riverkeeper and the Natural Resources Defense Council saw nothing insignificant about it. "The withdrawal of large volumes of water from the biologically rich Hudson River will cause the needless loss of millions of fish and invertebrates each year," they said in their comments on the draft.
Criticism did not come from environmental groups alone.
"Any mortality of fish from the use of water for cooling purposes is an adverse environmental impact," the state Department of Environmental Conservation said. "Significant adverse impacts are likely to result from both the project's first phase, to be completed in 2009, and from the final build-out in 2015."
In response, the development corporation said it would work with the Port Authority of New York and New Jersey to explore ways to reduce the effect, including flow reduction or the installation of fine-mesh screens or an egg and larvae barrier known as a Gunderboom.
An even more significant alternative would be the construction of standard cooling towers in each building. But the corporation said those would take up floor space, add to building heights and consume otherwise drinkable water.
Looking skyward, the corporation said in the final statement it would "explore opportunities to reduce bird collisions." This might include using nonreflective glass (though reflective glass is helpful for energy conservation) and reducing the levels of interior and exterior lighting, especially during heavy migration periods.
IN the draft environmental statement, the corporation said the "number of collisions and resulting bird mortality is expected to be insignificant when compared to the total number of birds migrating along the Atlantic flyway."
But New York City Audubon said that was the wrong way to think about it. "Of the 97 different species of birds that have been found to have collided with New York buildings, 43 are in decline," the group said in its comments. "For a species in danger, every source of mortality is significant."
Absent from the group's comments was any mention of the power-generating windmills planned atop Freedom Tower. Governor Pataki himself expressed concern about the birds' welfare when he was shown the wind turbine proposal last year.
E. J. McAdams, the executive director of New York City Audubon, said yesterday that the omission was deliberate, since the group did not yet know what the wind turbines would look like and therefore could not assess how they would affect birds.
He did seem pleased to learn that the development corporation had responded to the group's comments, as a step toward integrating environmental concerns into building design. "We need to think in a more holistic way," Mr. McAdams said. "The bird issue and the fish issue are bringing that to the fore."
JCAA has been involved in achieving Category 1 designation for streams and other water sources. We are also interested in the reuse of sewer water. In the article below, there is information about how some of these concerns are being addressed by Governor McGreevey. I also attended a meeting of the Barnegat Bay Estuary Program and was pleased to hear that Ocean County Utilities Authority is taking a leading role in New Jersey, looking at ways to reuse treated sewer water.
Friday, April 16, 2004
BY STEVE CHAMBERS
Star-Ledger Staff
In a victory for Gov. James E. McGreevey's water-protection policies, the state has won a challenge to rules expanding the number of streams receiving increased regulatory protections.
An appellate panel threw out a lawsuit by the New Jersey Builders Association yesterday, after the group decided to abandon its case over the designation of six streams as Category 1. The Category 1 designation provides the highest form of protection available.
The association declined to comment yesterday, but some lawyers speculated that the group had decided it could mount a stronger challenge to a separate set of new water-protection regulations.
Taken in tandem, the two sets of regulations are making it increasingly difficult for builders in rural parts of the state, particularly in the northern Highlands where countless streams feed reservoirs that supply drinking water to half the state.
Environmentalists viewed yesterday's decision as a well-timed victory, coming as the state moves forward on a much broader effort to protect the water supply. A pending bill would sharply curtail development in the Highlands, a seven-county region that holds the water supply for half the state.
"It's a major victory for Gov. McGreevey's clean water and anti-sprawl efforts," Bradley Campbell, commissioner of the state Department of Environmental Protection, said of the court decision. The builders' decision to withdraw from the case "reflects the fact that these regs are strongly grounded in the law and science."
Campbell, who served as an environmental lawyer for the federal Environmental Protection Agency, had predicted that the rules were on firm legal footing and that DEP would prevail.
The DEP has been greatly expanding the number of pristine streams designated as Category 1, paying particular attention to those that feed reservoirs and other drinking water supplies.
The effort has pitted the DEP against some of the state's major builders, threatening to kill large-scale proposals like the 911-house Windy Acres development by Pulte Homes in Clinton and the 292-house Milligan Farm by K. Hovnanian Companies in Union Township.
Some builders have argued that the overall strategy being employed by McGreevey is less about science and more about fighting any and all development.
But the appellate courts have been increasingly willing to accept restrictions that are tied to the water supply. The DEP argues that development in the state's last undeveloped places is introducing "nonpoint source pollution," seeping pollutants like lawn fertilizers and road runoff, to the water supply.
Tom Borden of the Rutgers Environmental Law Clinic in Newark, which entered the case on behalf of various environmental groups, said the builders didn't have a case.
"When you have a high-quality stream running through a development, unless you can demonstrate it can be sufficiently protected, both DEP and local government should be denying you permits."
The builders' other lawsuit, however, attacks a more radical expansion of protection policies.
The so-called stormwater rules require developers to design systems that allow rainwater to soak into the ground, rather than piping it off site. The DEP hopes the rules reduce runoff pollution and retains more water to reduce the effects of drought.
Most notably, the rules introduce a 300-foot buffer around all Category 1 streams.
American Sportfishing Association
Press Contact: Janet Tenneyson, (703) 519-9691 x227
On April 20th, the U.S. Commission on Ocean Policy, appointed by President Bush in 2001, released its long awaited recommendations for addressing America’s ocean policy in the 21st Century. The Commission calls for legislative and regulatory changes to improve marine management and promote long-term sustainable uses of the oceans. The undersigned members of the sportfishing community could not agree more strongly that this is needed.
We agree with the Commission’s overall findings that marine resources would benefit from improved management. We must manage our ocean resources for long-term sustainability ensuring future generations of Americans can enjoy the benefits of a healthy ocean ecosystem. Sportfishing relies on healthy fish, clean water and quality habitat. By conserving ocean resources, we safeguard the recreational fishing tradition.
Oceans are a treasured public resource that provides important recreational opportunities to all Americans. We believe ocean management must acknowledge that one of the main reasons we conserve natural resources is to ensure American citizens can continue to enjoy them through outdoor recreation. It is a long-standing policy of the Federal Government to allow public access to public lands and waters for recreational purposes consistent with sound conservation. This policy is reflected in the principles of our great wildlife refuges, national forests, national parks, and wilderness areas.
More than just a hugely popular recreational activity, sportfishing is a powerful economic force, an unparalleled contributor to conservation, and a vital part of the American culture. Each year, more than 17 million Americans fish for recreation along our oceans and coasts. This activity generates more than $31 billion in benefits to our national, state and local economies and supports nearly 300,000 jobs. Through the innovative Sport Fish Restoration Act, taxes imposed on fishing tackle and boat fuel, when combined with license revenues, result in a pot of nearly $1 billion being returned to states each year for conservation. Both in theory and practice, anglers return far more to the resource than they take out. For example, recreational anglers take only 3% of all fish landed along our coasts. Commercial operations are responsible for the remaining 97% of saltwater landings.
Fishery management has made tremendous progress in the past three decades since the enactment of legislation inspired by the Stratton Commission, but we have largely ignored habitat destruction, among the most critical threats to sustainable fisheries.
The recreational fishing community looks forward to working with Congress and the Administration to ensure the public’s recreational interests are well represented in subsequent policy considerations. We would hope to address the Commission’s findings by working cooperatively to reauthorize the Sustainable Fisheries Act and push for passage of other key ocean legislation.
American Sportfishing Association President and CEO Mike Nussman took part in a gathering with President Bush at his Crawford ranch last week along with the Bass Anglers Sportsman Society, Coastal Conservation Association, and more than a dozen other sportsmen's organizations.
"The President discussed several different topics with us, ranging from the upcoming Ocean Commission report and national forest initiatives to striped bass and redfish recovery and wetlands conservation," said Nussman. "It was great to be alongside BASS and CCA and have a strong fishing contingent taking part in this important dialogue."
The Crawford gathering follows up on a similar meeting ASA also took part in at the White House in December 2003 to discuss the President's conservation agenda and issues affecting anglers and hunters. "This is the first time fishing leaders have been invited to the home of a President, showing we're making headway in raising the profile of the sportfishing community and its role in recreation and conservation," said Nussman.
President Bush gave a tour of the ranch before a more formal dialogue with the group, altogether dedicating nearly three hours of his time. The President reportedly fit the gathering into his schedule between watching National Security Advisor Condoleezza Rice's testimony before the September 11 Commission and a discussion with Russian President Vladimir Putin on the situation in Iraq.
Organizations attending included the Boone and Crockett Club, Congressional Sportsmen's Foundation, Ducks Unlimited, National Rifle Association of America, National Shooting Sports Foundation, National Wild Turkey Federation, Pheasants Forever, Quail Unlimited, Rocky Mountain Elk Foundation, Ruffed Grouse Society, Safari Club International, and Theodore Roosevelt Conservation Partnership.
FOR IMMEDIATE RELEASE, APRIL 8, 2004
PRESS CONTACT, TINA BERGER (202)289-6400
ASMFC May 2004 Meeting Week
May 24 - 27, 2004
Radisson Hotel, Old Town Alexandria
901 N. Fairfax
Alexandria, VA 22314
(703) 683-6000
PRELIMINARY AGENDA Atlantic States Marine Fisheries Commission
| Monday, May 24, 2004 | 1:00 p.m. - 4:00 p.m. |
Summer Flounder, Scup, and Black Sea BassManagement Board Review and Approve Draft Addendum XII for Public Comment, and Set Up Public Hearings for Addendum; Review State Recreational Measures |
| 4:00 p.m. - 6:00 p.m. |
Advisory Panel Oversight Committee |
|
| Tuesday, May 25, 2004 | 8:00 a.m. - 11:00 a.m. | Atlantic Herring Section |
| 11:00 a.m. - 1:00 p.m. |
Atlantic Striped Bass Management Board New Jersey Proposal for the Recreational Fishery Technical Committee Review and Advisory Panel Recommendation; Update on the Chesapeake Bay Striped Bass Symposium; NOAA Fisheries Rulemaking Update: Reopening EEZ to Harvest of Striped Bass |
|
| 1:00 p.m. - 5:00 p.m. | Management and Science Committee | |
| 1:00 p.m. - 5:00 p.m. | Law Enforcement Committee | |
| 2:00 p.m. - 5:00 p.m. |
Winter Flounder Management Board Review and Consider Approval of Draft Amendment 1 for Public Comment |
|
| 5:00 p.m. - 6:00 p.m. |
Weakfish Management Board Elect Chair and Vice Chair; PRT State Compliance Report and FMP Review; Technical Committee Report Terms of Reference for 2004 Stock Assessment and Update on Rhode Island Implementation Plan; Advisory Panel Report; Update on Advisory Panel Pilot Program |
|
| 6:30 p.m. - 8:00 p.m. |
Annual Awards of Excellence Reception |
|
| Wednesday, May 26, 2004 | 8:00 a.m. - 11:00 a.m. |
Atlantic Menhaden Management Board Review the Draft Addendum for Public Comment; Review the Research Recommendations to Evaluate Local Depletion in Chesapeake Bay; Consider the Postponed Motion Regarding Localized Depletion of Menhaden in Chesapeake Bay |
| 8:00 a.m. - Noon | Management and Science Committee | |
| 8:00 a.m. - Noon | Law Enforcement Committee | |
| 11:00 a.m. - Noon |
Executive Committee Presentation of FY05 Budget; Future Annual Meetings Update; Interim Action Plan Report |
|
| 1:00 p.m. - 3:00 p.m. |
American Eel Management Board Discussion of Potential Management Changes for American Eel; 2003 FMP Review; Review/Approve Nominations to the PDT |
|
| 3:00 p.m. - 6:00 p.m. | American Lobster Management Board | |
| Thursday, May 27, 2004 |
8:00 a.m. - 11:00 a.m. |
ISFMP Policy Board Discuss and Consider Action on Appeal Process WhitePaper; Review Draft Consistency White Paper; Habitat Committee Report; Management and Science Committee Report; Update on Non-Native Oyster Activities; Law Enforcement Committee Report; Review Non-Compliance Recommendations (if necessary) |
| 11:00 a.m. Noon |
Business Session Review Non-Compliance Recommendations (if necessary); Review and Consider Approval of Amendment 1 to the Northern Shrimp FMP |
View Calendar of Upcoming Events