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Delaware is ahead in New Jersey by removing fish pots from the reefs in state waters. On June 15th, Delaware petitioned the Mid-Atlantic Marine Fisheries Management Council to create special management zones around their reefs in federal waters. These special management zones would not allow for fish pots within 300 feet of the artificial reefs. This is a process that has just begun but the first vote was almost unanimous in favor with only New Jersey’s commercial representative abstaining. Our legislation or regulations when implemented will require DEP to also petition the Mid-Atlantic Marine Fisheries Management Council to create the same special management zones around our artificial reefs in federal waters. Remember, only 2.5 of New Jersey’s artificial reefs are in state waters. The pots off the reef bill or the DEP regulations will only deal with those 2.5 reefs.
S106 establishes Hooked on Fishing-Not on Drugs Program in the DEP and appropriates $200,000 there from the Drug Enforcement and Demand Reduction Fund. This legislation is now passed by the Senate. It moved from the Assembly Natural Resources and Agriculture Committee and is now waiting for a vote in the Assembly Budget Committee and the full Assembly. The corresponding bill in the Assembly is A228. You need to contact members of the Assembly Budget Committee and Speaker Sheila Oliver and ask for a speed vote. JCAA, NJOA and the NJSFSC will be meeting with legislators to help move the Hooked on Fishing-Not on Drugs bill through the legislature and make sure it gets posted and voted in the appropriate committees. JCAA will keep you posted.
The status of the artificial reef program is the commercial pots are still on the reefs. The New Jersey Division of Fish and Wildlife cannot use Wallop-Breaux funding because the commercial pots deny recreational access to the reefs. The legislation to remove the pots has passed the Senate and is being held up in the Assembly. Assemblyman Albano invited the RFA, Garden State Seafood and NJOA to a meeting in Trenton to find a compromise that will allow the Division of Fish and Wildlife to fund the artificial reef program while still allowing fish pots on the artificial reefs. JCAA sees this as another delaying tactic. We have always been clear that the only way to resolve the issue and make any legislation enforceable is to totally remove the pots from the artificial reefs. That is the only position that JCAA, the NJOA, Reef Rescue and NJ State Federation of Sportsmens Club and our member organizations have ever taken. For 6 years other interests have been looking for a compromise that would allow the pots to continue on the reefs. We have been steadfast in our refusal to consider any compromise that does not totally remove the pots from the artificial reefs. This is what our members have voted on and I don’t imagine their vote will ever change. Assemblyman Albano understands how to satisfy the US Fish and Wildlife Service and return the use of Wallop-Breaux money. All he needs to do is to move the existing legislation that has already passed the Senate to the Assembly for a vote. As of June 20th this legislation is co-sponsored by 24 of his fellow Assemblymen, both Democrats and Republicans. He and Speaker Oliver need to listen to the 24 co-sponsors and get this bill to the Assembly floor for a vote. You need to contact Assemblyman Albano and Speaker Oliver immediately. See the information below in the NJOA report listing the co-sponsors and telling you how to contact them through NJOA web page. You need to contact the Assembly members who are not co-sponsors. Again, see below.
Please contact Assemblyman Albano, particularly if you are in his district and ask him to post the bill. Assembly Speaker Sheila Oliver has the power to tell Assemblyman Nelson Albano to post the bill in the Assembly Agriculture and Natural Resources Committee for a vote. Please contact her and let her know that you want her to tell Assemblyman Nelson Albano to post this bill for a vote in his committee or move the bill to another committee. Then we want Speaker Oliver to post it for a full vote in the Assembly. Tell her that the Senate has shown the way and we will be judging the Assembly on its action on this bill. This bill contains no compromise and should not be amended. There are currently 21 co-sponsors for the present bill in the Assembly. Below is a letter that JCAA is sending to Speaker Oliver and all New Jersey Assemblymen/women. It is crucial that you write Assembly Speaker Sheila Oliver and your own Assemblymen/women immediately. All Assemblymen/women need to hear from everyone. Please use the letter below to Assembly Speaker Sheila Oliver and the cover letter to your assemblymen/women as a guide in creating your own letter.
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. For more information go to Pots off the Reefs at www.njreefrescue.com or at the JCAA newspaper archives.
Letter to Assembly Speaker Sheila Oliver
JCAA is writing to request your support for Assembly Bill A1152/S221 which prohibits the use of traps on artificial reefs. You need to tell Assemblyman Nelson Albano to post this bill for a vote in his committee so you can post it for a full vote in the Assembly. This bill was passed by the full Senate on Monday, March 21st by a vote of 31 yes and 4 no. Now is the time for the Assembly to pass this legislation. JCAA wants this legislation passed before you leave for summer recess. JCAA and the fishing clubs throughout New Jersey will be watching your actions on this matter and we will be judging you and the Assembly on its action or inaction. Our members and 800,000 New Jersey anglers are in support of this issue. Your action will matter to us in the upcoming election.
New Jersey’s artificial reef system is one of the nation’s most successful reef building programs. Though it occupied just 0.3 percent of the sea floor off New Jersey’s coast, a 2000 study by the state’s Division of Fish and Wildlife revealed that 20 percent of New Jersey’s recreationally landed fish come from the state’s 15 reefs. As more and more severe fisheries restrictions are placed on the more than 800,000 New Jersey anglers and the more than 500,000 out-of-state anglers who fish New Jersey’s waters, the reef sites have become even more important to the state’s recreational anglers. In the case of summer flounder, aka fluke, the reefs are the best opportunity for most recreational anglers who target fluke to catch one that meets the new minimum size of 18 inches.
This fishing effort provides a tremendous trickle-down economic effect in both shore and inland communities, as these anglers support marinas, boat liveries, bait and tackle stores, fuel stations, restaurants, convenience stores, sporting goods stores, toll highways, hotels/motels, real estate rentals, etc. These considerations add $4 billion to New Jersey’s economy, $150,000 in sales taxes, and provide for 37,000 jobs.
At issue here is the very legality of the use of traps on the artificial reef sites. According to the state-approved 2005 Artificial Reef Plan, the intent of the reef sites is for “hook-and-line” angling activities. Continuing to allow fixed gear on the reefs is in complete disregard for this Department of Environmental Protection-approved measure.
Furthermore, the continuingly increasing use of fixed gear for commercial fishing purposes on New Jersey’s reef system may directly violate federal law. For more than 20 years, the administration of the reef program has been funded by Dingell-Johnson Sport Fish (Wallop-Breaux) Restoration Funds. These funds are derived from an excise tax on recreational fishing purchases, and as a “user pay, user benefit” program, federal law requires that these funds be used to benefit recreational fisheries. Under 50 CRF 80.14 and the U.S. Fish and Wildlife Service Federal Assistance Toolkit, Part 521, Section 2.9 lists ineligible activities for the use of these funds, with paragraph C specifically disallowing their use for “Providing services or property of material value to individuals or groups for commercial purposes or to benefit such individuals or groups.” Violation of these rules is subject to repayment of funds.
The majority of states that have artificial reef programs, including New York, Virginia, South Carolina, Georgia and Florida, have identified traps as incompatible with their reef programs and no longer allow traps on their reefs. Furthermore, this action has been supported federally by classifying reefs in federal waters for a number of those states as Special Management Zones (SMZs), restricting the use of traps on those sites.
The issues are clear and the precedent has been set: Traps are not compatible with the purpose or the laws governing New Jersey’s artificial reefs. JCAA looks forward to your support in enforcing this mandate and voting for Bill S221and A1152. If you have any questions, please contact our legislative chairman, Tom Fote, at 732-270-9102 or tfote@jcaa.org.
Letter to your Assemblyman/woman
We are asking for your support for A1152. The attached letter to Assembly Speaker Oliver states the reasons this bill is crucial to the recreational fishing community. We are asking you to let Speaker Oliver know that you support this legislation and want it voted on in the Agriculture and Natural Resources Committee and then posted for a vote by the entire Assembly. We are asking you to also contact Assemblyman Albano, Chairman of the Agriculture and Natural Resources Committee to request his immediate action to post this bill. Jersey Coast Anglers Association, our member clubs and the 800,000 recreational anglers want this legislation passed before the summer recess. Since the Senate has passed this bill in three sessions and the Assembly has refused to post this bill for a vote, we clearly know that the problem is in the Assembly. We will be watching and hold you accountable for your action or inaction.
At this time, we need for Governor Christie to become involved in the artificial reef program. During the campaign, the New Jersey Outdoor Alliance hosted a meeting with candidate Christie. At that time we asked for his support for removing the pots from the artificial reefs. He made a commitment to us to resolve this issue and protect the funding for the reefs. Governor Christie will either sign the legislation if it ever reaches his desk or he has the power to create an executive order that will remove the pots. There are a block of regulations that were developed by DEP in 2007. None of these regulations have been implemented. The Governor could finally request the implementation of all of these regulations including the ones that would get the pots off the reefs. The former Governor and Commissioner supported removing the pots. It is now up to Governor Christie and Commissioner Martin to make their commitment a reality. The Governor has options. We don’t care which option he chooses as long as the pots are removed from the reefs. We have the most powerful Governor in the nation. Time for action! Governor Christie does not need to wait for the Assembly. Please contact the Governor’s Office and ask for his immediate action to remove the pots off the reefs and insure the Wallop-Breaux funding will be available for the artificial reefs.
The public hearings on the proposed changes to public access are completed. The coalition that JCAA joined is still working to change some of the proposed rules. DEP will be meeting with the coalition to discuss what changes we could support. We will keep you posted. If action is needed we will send an alert. If you do not receive our alerts, please go to our webpage and subscribe. JCAA will be sending more alerts to keep you informed of actions you can take. See the article in the June newspaper or go to our webpage.
In August I will be attending the ASMFC Summer Meeting Week, August 1 – 4, in Alexandria, VA and the Joint ASMFC & Mid-Atlantic Fishery Management Council Meeting, August 16 – 18. At the ASMFC Summer Meeting Week we will be looking at addendums for striped bass and other species. The agenda for the August meeting has not been posted. I also know at the Joint Meeting we will be setting the specifications for summer flounder, scup, bluefish and black sea bass. This will follow a Scientific and Statistical Committee meeting on these species July 27 and 28. Bruce Freeman will be attending that meeting for JCAA. We will not be publishing a newspaper before those meetings. We send an alert with the meeting agendas and addendums when available. You need to go to jcaa.org to receive these alerts. You can also keep track at both the ASMFC and MAMFC websites which you can reach from the JCAA webpage under links. I know it is fishing season but you need to pay attention to the information as it becomes available. The way to do this is to sign up for JCAA alerts.
Here is a letter that Senator Menendez circulated to other senators on the NMFS budget request that provide for improved data collection, catch monitoring, and stock assessment science. JCAA wishes to thank the Senator for being in the lead on this important issue. The only way we are going to see proper management of the marine resource is with necessary funding. If we had the better science we would have larger quotas on scup, black sea bass and many on species.
As you consider the Fiscal Year 2012 budget for the National Marine Fisheries Service (NMFS), we write to express our support of core activities in the NMFS budget request that provide for improved data collection, catch monitoring, and stock assessment science. These core capacities are critical to successful management of fishery resources and to the coastal economies dependent upon them. In light of NOAA’s Catch Share Policy, funding to support reliable, up-to-date fisheries science and catch monitoring is now a greater priority than ever before.
According to NOAA, in 2008 U.S. commercial fishermen earned over $4.4 billion for their catch, generated $104 billion in sales impacts, generated $45 billion in income impacts, and supported approximately 1.5 million jobs. Furthermore, an estimated 12 million recreational saltwater anglers across the U.S. spent $4.9 billion on fishing trips and $18 billion on durable fishing-related equipment, contributing $59 billion in sales to the U.S. economy, generating $27 billion in value-added impacts, and supporting 384,000 jobs.
Improved NMFS capabilities in data collection, catch monitoring, and stock assessment science are needed to secure, for future generations, these economic benefits that fishermen provide. Accurate, real-time catch monitoring and stock assessment information will be imperative as managers respond to a dynamic ecosystem. In an era of strained relations between NMFS and the fishing industry, cooperative research is key to obtaining industry involvement and trust in fisheries science. Through this lens, we view the following activities within the NMFS budget as fundamental to conducting ecologically and economically sustainable management of our nation’s fisheries:
Cooperative Research. Funding of cooperative research programs is crucial to ensure the involvement of commercial and recreational fishermen in the collection and application of fisheries data. Fishermen’s expertise and experience should be sought in all phases of research work, including priority setting, project development, inquiry and evaluation. Whenever possible, cooperative research funding should be responsive to timely management needs.
Expand Annual Stock Assessments. Funding in support of more frequent and precise assessments of a greater number of fish stocks is essential to successful implementation of annual catch limits in all U.S. fisheries based on the best available science.
Fisheries Statistics. Funding for fisheries statistics will enable necessary improvements in data management systems. For example, the Marine Recreational Information Program (MRIP) will accelerate the transition away from the Marine Recreational Fishery Statistical Survey and enable NMFS to more effectively manage recreational fisheries by improving the precision, timeliness, and completeness of recreational fishing data.
Fisheries Observers. Commercial fisheries observer programs must deliver cost-effective, unbiased fishery-dependent data used for stock assessments and quota monitoring. In addition to collecting reliable data, observer programs help to accurately assess by-catch, monitor fishery compliance with catch limits, and increase industry confidence in scientific information used to set catch limits. Funding for observers or other at sea monitoring (such as electronic monitoring) is especially important in catch share, or hard Total Allowable Catch, fisheries.
Survey and Monitoring Projects: Funding of fishery-independent survey and monitoring projects is complementary to stock assessment expansion and essential for developing and updating stock assessments for some of our nation’s most important fisheries, including red snapper, bluefin tuna, groundfish, skate, bluefish, striped bass, and Alaskan pollock.
In the interest of our nation’s hardworking fishermen, we must invest in the infrastructure necessary to support new management initiatives, find ways to help the industry bridge difficult times as we work to rebuild depleted stocks, and strive for a collaborative approach with the industry in all aspects of fisheries science and management. Funding for these core fisheries programs is foundational for determining sustainable catch limits, for rebuilding fisheries to achieve their full economic potential, and for increasing fishing industry confidence in the science being used to make management decisions.
Thank you for considering our emphasis on the importance of these core activities.
| Robert Menendez | J. Snowe |
| United States Senator | United States Senator |
| Barbara Boxer | John Kerry |
| United States Senator | United States Senator |
| Mark Begich | Jeff Merkley |
| United States Senator | United States Senator |
| Jack Reed | Joseph Lieberman |
| United States Senator | United States Senator |
| Kirsten Gillibrand | Sheldon Whitehouse |
| United States Senator | United States Senator |
| Maria Cantwell | Jeanne Shaheen |
| United States Senator | United States Senator |
| Charles Schumer | Daniel Akaka |
| United States Senator | United States Senator |
