Fisheries Management & Legislative Report

by Tom Fote
(from Jersey Coast Anglers Association April 2013 Newsletter)

Contents:

Pots Off the Reefs: No Compromise!

I am asking all the member clubs of JCAA to say no to the compromise proposed by DEP. That compromise does not eliminate pots from all of New Jersey’s artificial reefs. It sets a bad precedent for our hope to remove all pots from the federal reefs as well. JCAA is always committed to fighting battles for the long term and to look at the future of fishing for our children, not just ourselves. We should not give away our children’s legacies just because we are tired of the fight. I have been dealing with legislation and regulation for 35 years and my recommendation is that JCAA does not change our existing vote and continue to support the removal of all pots from New Jersey’s 15 artificial reefs. Please read the information below for a brief history. I hope this will help you understand why I am not supporting this compromise.

It has been an interesting two months in the continuing battle to remove all pots off the artificial reefs in New Jersey. There was great news from the Mid-Atlantic Fisheries Management Council when the Council moved forward to set up special management zones (SMZ) in federal waters for Delaware’s artificial reefs. After 18 months of discussion, the Council sent its recommendation to the Northeast Regional Director, John Bullock, recommending that these special management zones should be set up and exclude fish pots from Delaware’s artificial reefs in federal waters. The Council determined these reefs should be for hook and line and spear fishing. As an example, the Council cited that Delaware had already taken this step in state waters and this was a progression of the existing management for artificial reefs. I discussed this with the Northeast Regional Director and he commented that the reefs were built with recreational money and there should be no pots. After my conversation with him, I was confident that he would approve the Mid-Atlantic Fisheries Management Council and order pots off Delaware’s reefs in federal waters.

As you all know, New Jersey’s recreational anglers have been pushing for the same action for our artificial reefs from both the state and federal government. Seven years ago, JCAA was asked to join a coalition under the banner of Reef Rescue to get the pots off New Jersey’s reefs. Under this umbrella there were many recreational groups in attendance at the first meetings. I represented JCAA and stated our position. JCAA was clear that this new organization must commit to no compromise on removing all pots from the reefs and stay the course for the long haul. JCAA had experience with long term projects such as making striped bass a game fish and removing the menhaden reduction boats from state waters. In both situations other partners in the coalitions had changed their stand in favor of commercial fishermen. From the beginning, JCAA was clear that we would not commit our energy and time if this new organization could not commit to the many years it would take to resolve this issue in our favor. We were assured by Reef Rescue and its members that everyone was committed to the long haul. After the first year, the Recreational Fishing Alliance decided to work more with the commercial fishermen to find a solution that would allow the commercial fishermen to continue to put pots on portions of the artificial reef. They dropped out of Reef Rescue and the remaining organizations moved forward in this coalition to move all pots off the reefs.

After Reef Rescue was in existence for a period of time, the New Jersey Outdoor Alliance was formed. Eventually Reef Rescue, NJSFSC, NJ Dive Council and JCAA joined the NJOA and removing the pots from the reefs became a high priority for all organizations. Reef Rescue, JCAA, the Dive Association, and many other recreational groups worked tirelessly to develop the contacts in the NJ Legislature that would be necessary to pass a favorable bill. Under the direction of the Senate Presidents (Cody & Sweeney) the favorable bill was passed by the full Senate in 3 separate sessions, including almost unanimous passage in the current session. In these 3 sessions there has been overwhelming support in the NJ Assembly. A majority of the Assembly are cosponsors to a bill that would remove Pots Off the Reefs. However, the Speaker (first Roberts & now Oliver) has never posted this legislation for a vote. They have allowed Assemblyman Albano to hold this bill in his committee and never allow for a hearing.

Assemblyman Albano and Senator Van Drew introduced a bill that would allow fish pots on up to 19% of the 2 state reefs. At the hearing on this bill, JCAA, Reef Rescue, NJOA, NJSFSC and every recreational group that testified opposed this bill with the exception of the RFA that spoke in favor of the bill. The Albano bill moved through the Assembly committee but was never posted for a vote by Speaker Oliver at our request. NJOA and Reef Rescue organized demonstrations outside the offices of Assemblymen Albano and Senator Van Drew outside their Cape May offices to protest this committee vote. That is where we stand right now with the legislation. JCAA has continued to hope that during the upcoming election season there would be enough pressure in the Assembly to get the favorable Senate Bill posted for a vote. We hope the continued work of the coalition would result in a vote.

When we first started working on to get the pots off the reefs, we tried to resolve the problem by developing regulations that would need approval by the NJ Marine Fisheries Council. I spent much time at meetings to no avail. When the NJ Marine Fisheries Council Pot Committee recommended their suggested compromise, it went nowhere. The commercial fishermen on the Council recommended a substitute proposal that was more to their liking. JCAA had little hope that we would get a solution through the NJ Marine Fisheries Council, since recreational anglers representatives on the council are in a minority. We have had the same problems when trying to work on solutions for menhaden and striped bass because of the lopsided membership in the Council and JCAA had to do it through legislation. It took awhile for our colleagues, who had less experience with the NJ Marine Fisheries Council, to realize legislation was the only hope of a positive solution.

About a year ago, DEP Commissioner Bob Martin made another attempt at a regulatory solution. There were many different proposals suggested, some of which were supported by JCAA, Reef Rescue and NJOA. The Commissioner asked if we would support creating additional artificial reefs that would allow for the inclusion of fish pots. The coalition would have supported this compromise. Of course, this proposal was turned down since a segment of the commercial community (scallopers, draggers and gill netters) oppose all artificial reefs. This is one of the reasons they are working with the potters, to keep them on the existing reefs and not have to deal with additional barriers as they fish. At various times throughout this process, members of JCAA, NJOA and Reef Rescue have voted overwhelmingly to maintain the existing policy and consider no compromise that would leave any pots on the existing reefs. I was clear with Commissioner Martin that JCAA would not support any compromise that did not meet this criteria.

February 7th, Commissioner Martin sent the NJOA a draft proposal for regulations for the artificial reefs. As the Albano Bill allows pots on segments of the inshore reefs, so does the draft proposal from Commissioner Martin. To placate the recreational groups, Commissioner Martin pledged to work for the establishment of an additional artificial reef in state waters that would equal the percentages of space allowed for fish pots on the two exiting reefs. The letter is not legislation or actual regulation so it is a bit vague and not at all specific. As all of us know, the details are the crucial element in any settlement. The proposal is also for regulations which would need approval at the NJ Marine Fisheries Council. Our history there is not positive. It takes the Council forever to reach a decision and frequently what we thought might be a yes vote is changed to a no at the last minute. That starts the process all over again. This also delays any attempt to impact legislation since we can’t really work on legislation to remove all the pots if we have accepted a tentative compromise. My real concern is that any agreement to allow some access by potters to the inshore reefs will send a message to the Mid-Atlantic Council that a compromise would be okay for the reefs in federal waters. This would set us back years! There are some who believe the compromise on the table would allow New Jersey to use Sport Fish Restoration Fund for our artificial reef program. This logic is flawed. First, the Sport Fish Restoration money is already in the Bureau of Marine Fisheries budget, it just can’t be used for artificial reefs. Second, the administration could currently move money around in the budget to fund artificial reefs and the program. We just don’t see the commitment given how little money is currently available. There is no way to find the level of funding that was available in the past unless new money is added to the budget to replace moving the Sportfishing money back to artificial reefs.

For the last 18 months, it has become obvious that some of the leadership in the coalition is tired and frustrated. Some would like to accept a compromise just to make the problem go away. Unlike the members of JCAA who are accustomed to long-term battles, some of our allies have never been in this position before. At JCAA we don’t fight battles for just ourselves but for future anglers. We measure time in accomplishment not just days. We have worked for years to develop relationships with legislators based on honesty and commitment. It sends a bad message to them when we have held them to a higher standard than we have for ourselves. They had an opportunity to accept this compromise legislation but we told them no. Will they really believe us the next time we ask them to take a hard vote? In my time at JCAA I have worked with 8 Governors and multiple DEP Commissioners. Things change but legislation is a better guarantee. For all the reasons stated above, I am asking you to protect JCAA’s legacy and vote for the future.

Submerged Superstorm Debris Threatens Tourism
by Wayne Perry, Associated Press, 2/18/2013

MANTOLOKING, N.J. — On the surface, things look calm and placid. Just beneath the waterline, however, it's a different story.

Cars and sunken boats. Patio furniture. Pieces of docks. Entire houses. A grandfather clock, deposited in a marsh a mile from solid land. Hot tubs. Tons of sand. All displaced by Superstorm Sandy.

"We did a cleanup three weeks ago. Then when we went back the other day, you could still see junk coming up in the wash," said Paul Harris, president of the New Jersey Beach Buggy Association, which helps take care of beaches on which the group goes surf fishing. "They go and clean it again, and two days later, you have the same thing again. There's nothing you can do about it; you can't vacuum the ocean."

Coastal areas of New Jersey, New York and Connecticut are racing to remove untold tons of debris from waters hardest hit by the Oct. 29 storm before the summer swimming and boating seasons begin — two of the main reasons people flock there each year and the underpinning of the region's multibillion-dollar tourist industry.

The sunken debris presents an urgent safety issue. Swimmers could cut themselves on submerged junk, step on one of thousands of boardwalk nails ripped loose, or suffer neck or spinal injuries diving into solid objects. Boats could hit debris, pitching their occupants overboard, or in severe cases, sinking.

The cleanup won't be easy, fast or cheap.

"The amount of debris that needs to be removed is mind-boggling," New Jersey Gov. Chris Christie said, ticking off the statistics in his state: 1,400 vessels sunk, broken loose or destroyed during the storm.

In just one shore town alone, Mantoloking, 58 buildings were washed into Barnegat Bay, along with eight vehicles, and a staggering amount of sand carried from the ocean beaches into the bay.

"Everything you can imagine is sitting in our waterways," he said.

Barnegat Bay is likely to have some no-go zones in place for at least part of the spring and summer as cleanup work progresses. "Big Al" Wutkowski, a locally famous striped-bass fisherman who volunteers as the Barnegat Bay Guardian for the American Littoral Society environmental group, is worried about what still lurks beneath the waves.

"When people start putting their boats back in the water in April, I know they're going to start hitting stuff," he said. "It's impossible not to hit stuff. It's also a lot shallower in places now. A lot of the lagoons are filled in with sand. People can't get their boats in or out."

Florida-based contractor AshBritt Environmental removed 42 boats from New Jersey waterways in recent weeks. Others were corralled by the State Police, or by private salvage companies acting on behalf of owners.

Property owners are not being held financially responsible for debris that washed or blew off their property into waterways unless they hire a private company to retrieve a boat they plan to repair and keep, according to the state Department of Environmental Protection.

The state, which issue contracts last week for the water cleanup work, plans to seek full reimbursement from the Federal Emergency Management Agency as part of $60 billion in Sandy relief approved by Congress.

Much of the work will involve cranes atop barges that pluck the largest debris from the bottom. Divers could be used for smaller pieces. Once that's done, many waterways will need to be dredged, with the sand placed back on beaches.

The private owners of an amusement pier that collapsed in Seaside Heights, N.J., pitching the Jet Star roller coaster into the ocean, are working with insurers to devise a plan to dismantle the ride and get it out of the ocean.

Seaside Heights also plans to send teams of divers to scour the ocean bottom in popular swimming areas before letting people back into the water, fearing parts of the wooden pier, metal pieces from boardwalk rides and other debris still linger in the ocean. Cars from the pier's amusement rides were found on beaches as far as 8 miles away in the days after the storm.

The Polar Bear Plunge, in which swimmers briefly dash into and out of the frigid surf to raise money for charity, was moved this year from Seaside Heights to Long Branch, a beach 24 miles to the north where hidden debris wasn't a concern.

New York and Connecticut face similar problems.

"We have everything from floating oil barrels, gasoline tanks, household hazardous waste products, buckets, tires, bathtubs, you name it," said Adrienne Esposito, executive director of the Citizens Campaign for the Environment on Long Island.

"We're concerned not only about pollution, but boater safety," she said. "Come the spring, this stuff is going to be submerged partially or totally, but the boats are going to have some very serious issues."

Rob Weltner, president of Operation Splash, said the Freeport, N.Y., volunteer group has spent the past 20 years collecting 1 million pounds of debris, mostly from waterways on the south shore of Long Island.

"Twenty years is out the window," he said. "Gone, gone. Sandy hit us right at the time when we would normally be putting the finishing touches on our cleanups. Every place I look I go, 'Oh, my God, not again, man. We just had that place looking beautiful and it's going to take us another 10 or 15 years to get it back looking decent again."

Among the items found by the group since Sandy are hot tubs, floating docks, damaged boats, barbecue grills, patio furniture, umbrellas, hundreds of trash cans and the grandfather clock.

Crews in Hempstead, N.Y., have removed 379 tons of debris from waterways since Sandy hit. Neighboring Babylon has retrieved 50 tons, including two tool sheds fully intact, with tools still inside, and 24 destroyed boats.

Fairfield, Conn., needs to remove debris left in marshlands by the storm, including bicycles, picnic tables and backyard furniture, said First Selectman Michael Tetreau. The town is waiting to use special equipment from the state to remove the debris without harming the marshes.

Fairfield also saw significant beach erosion and needs to dredge its harbor and marina because sand was pushed into the waterways. Tetreau doubts the work will be done before Memorial Day, and said there may be limits on boat traffic.

In Brick, N.J., the lagoon on which Mayor Stephan Acropolis lives is filled with junk, including the front door and part of a wall from one of three houses that burned during the storm. Also in the lagoon are a kids' picnic table, a 50-gallon plastic barrel holding who-knows-what, and two docks from homes two blocks away.

Acropolis is counting on the state to quickly remove the marine debris to prevent even deeper economic losses from the storm.

"Someone goes out crabbing; they buy gas for the boat, maybe they have to rent the boat in the first place. They buy bait, they buy lunch," Acropolis said. "It's a big economic impact. People live here because they want to be on the water, out on a boat. If we don't get this cleaned up, we're going to have a problem."

Associated Press writers Frank Eltman in Freeport, N.Y., and John Christoffersen in Fairfield, Conn., contributed to this report.

[News Contents] [Top]