The DEP has a proposal that will impose additional restrictions on public access to tidal waters for the protection of endangered species. The proposal can be read or downloaded from this link.
You can also google: Access Restriction to Tidal Waters for Endangered Species Protection Proposed New Rules: N.J.A.C. 7:25-4A. Then click on the site titled - NJDEP| Rules and Regulations | 20241216a - NJ.gov.
A group of fishing clubs (JCAA included) is preparing comments to respond to the proposal. Comments are due to DEP by February 13th.
As this proposal is written, there are two areas that concern us. First, is the term, critical habitat area. That term is not found in the federal guidelines for managing endangered species and NJ does not have an official definition. That leaves critical habit area open to interpretation. Second is the term, anticipated use. Just as it reads, there is an expectation the area will be used by endangered species, but it does not require the species to be there, only that, based on past history, the species might show up. The DEP is proposing annual closures based on those two terms. Annual closures mean that regardless of the presence of endangered birds, there will be specific calendar dates for closures (i.e., April 1 to September 30).
These proposed closures will not only affect vehicular access but will close the beach to all access. No pedestrian access (you can’t walk along the beach for any reason) and water access to the critical habitat area will be restricted as well.
The water access closure would include prohibiting access to the area between the beach’s mean low tide line out into the water for 300 meters (almost 1,000 feet). That places many mudflats and shallow bay waters off limits anywhere the state determines (with no official definition) there is a critical habitat area. No wading, boating, clamming, or fishing in those areas and it will affect recreational clammers, crabbers and anglers.
In addition to affecting recreational anglers, the water access restriction would have a dramatic effect on the commercial fisheries in the bays. If it was anticipated endangered birds would use a critical habitat area on the bay, commercial anglers would be prohibited from fishing, clamming, or crabbing within 300 meters of the mean low-water mark.
The State wants to see closures imposed if the birds are breeding, resting, and/or foraging. Yes, resting.
We oppose closures based on calendar dates as prescriptive dates do not serve all beach stakeholders’ needs (including us).
We do support the current program that is performance based. The current program uses the following criteria for managing closures:
Under no conditions should closures occur if the birds are not physically there for breeding and/or foraging.
You can submit written comments until the close of business February 14, 2025. You can submit your comments at this link. Each comment should be identified by the applicable N.J.A.C. citation (Proposed New Rules: N.J.A.C. 7:25-4A), with the commenter’s name and affiliation following the comment.
If you want to mail your comments here is the address: