US Army Cop of Engineers and NJ DEP Continue with Plans to Sand Mine Prime Fishing Areas

(from Jersey Coast Anglers Association July 2015 Newsletter)

Harvey Cedars Lump is almost destroyed. A portion of the Sea Isle Lump Sea is slated for sand mining this year. Borrow Area B (a 360 acre lump just inshore of the Axel Carlson Reef) is slated for sand mining in 2016. Manasquan Ridge has been identified as a future site to sand mine. For many years recreational anglers have been subject to increased size limits, reduced possession limits as well as shorter and irregular fishing seasons. Most have abided by these restrictions in the name of conservation. Now the ACOE and DEP are destroying important historical fishing structures, the very habitat of our fishery.

The DEP is charged to protect the marine environment. These structures are identified as NJ Specific Sport Ocean Fishing Grounds and Prime Fishing Areas within the Coastal Zone Management (CZM) Rules. The rules were established specifically to protect these areas. JCAA, other fishing organizations and clubs have voiced their objections and requested that locations other than Prime Fishing Areas be used as sources of sand. The National Marine Fisheries Service (NMFS) and American Littoral Society (ALS) have objected. Our legislative representatives, Senator Corey Booker, Congressman Chris Smith and Congressman Frank Pallone have met or corresponded with the DEP attempting to resolve this issue. Still the project moves forward.

Below is a copy of the latest letter sent by the JCAA to the NJ DEP. Feel free to forward it to any contacts you have who may be helpful in assisting in this effort. For more details, please contact Ken Warchal at 908-715-0791.

June 18, 2015 Richard Boornazian Office of the Assistant Commissioner PO Box 420 Trenton, NJ 08625 Re: Manasquan Inlet to Barnegat Inlet Storm Reduction Project
Dear Mr. Boornazian,

Thanks very much for your letter of May 15th. We appreciate the history of the project as cited as well as its importance to the shore community. While we understand the purpose of the project, our concern is the destruction of an especially important natural resource, locations where fish populations concentrate. Our desire is to have the sand mined from other than “Prime Fishing Areas.” These designated areas are supposed to be protected by the Coastal Zone Management Rules. You state that a positive consistency determination was made on March 21, 2014 after coordination between the DEP and ACOE to “minimize impacts to Borrow Area B to the maximum extent possible.” We feel strongly that removing 5,300,000 cubic yards of sand from a structure that consists of 7,500,000 cubic yards of sand fails to “minimize impacts to the maximum extent possible.”

The coastal zone rules state, 7:7E-3.4, Prime fishing areas: “2. Prohibited uses include sand or gravel submarine mining which would alter existing bathymetry to a significant degree so as to reduce the high fishery productivity of these areas,” and in 7:7E-4.12, Sand and gravel mining: “(c) Sand and gravel mining for the purposes of beach nourishment is conditionally acceptable provided: 1. Direct and indirect impacts to special areas and marine fish and fisheries are minimized.”

This project is inconsistent with these rules. The bathymetry of Borrow Area B will be significantly altered and its high fishery productivity will be reduced. Since Borrow Area B is slated for dune construction and not beach nourishment, 7:7E-4.12 may not apply. Even if it did, the impacts are not minimized as previously stated. We question the validity of the consistency determination given and formally request a copy be forwarded to us.

We are also dismayed at the sand-mining work that has occurred on the Prime Fishing Areas known as “Harvey Cedars Lump” as well as the current project affecting the “Sea Isle Lump.” We formally request copies of the environmental evaluations and impact studies made prior to commencement of operations at both those locations as well as Borrow Area B. We also request a copy of the current monitoring report for Harvey Cedars Lump.

Local bait and tackle shops and commercial fishermen are telling us that negative economic conditions are currently being experienced. Reducing the size and bathymetry of prime fishing areas and marine habitat will diminish fisheries stock. Less fish will in turn reduce interest in fishing creating future economic declines. The recreational and commercial fisheries which have yet to recover from Superstorm Sandy can hardly afford this.

We urge the DEP and ACOE to reconsider their position and avoid prime fishing areas as sources of sand for this project. In the process of weighing public safety and environmental resources, prime fishing areas must be protected. Areas having less importance can be utilized.

Please forward the consistency determination, environmental evaluations, impact studies and monitoring reports mentioned above. We are hopeful to amicably resolve this issue with your department and await your response.

Respectfully yours, Kenneth F. Warchal Vice President
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