Bill > A343

Introduced Session

This bill specifically designates certain areas of the Sandy Hook and Axel Carlson artificial reefs for use by commercial fishermen. The bill includes in these areas the 300 feet around the geographical boundaries described by latitudinal and longitudinal coordinates in the bill. The description and coordinates of the geographical boundaries are as follows: 1) On the Sandy Hook permitted artificial reef site - NW 40.22.93n x 73.56.80w; NE 40.23.03n x 73.55.48w; SW 40.22.30n x 73.56.80w; SE 40.22.55n x 73.55.48w; and 2) On the Axel Carlson permitted artificial reef site - a) in the northwest corner of the reef site - SE 40.03.50n x 73.59.60w; SW 40.03.50n x 74.00.20w; NW 40.04.20n x 74.00.20w; NE 40.04.20n x 73.59.60w; and b) in the southwest corner of the reef site - NE 40.00.90n x 73.59.90w; NW 40.00.90n x 74.00.70w; SE 39.59.80n x 73.59.90w; SW 39.59.80n x 74.00.70w. These designated areas represent about 50 percent of the area historically available to commercial fishermen. In these designated areas, the bill restricts the number of lobster or fish pots that can be set to 75 pots, and a limit of 25 pots per line to any string of pots. The endpoints of any trawl or sinking line linking pots are required to be clearly marked with at least one "high flyer" - defined in the bill as a flag, radar reflector, or radio beam transmitter on a pole, buoy, fishing line, or other equipment, that is visible above the water line. No commercial fishing of lobster using lobster pots would be permitted in the designated areas from November 1 through December 15, and of other fish using fish pots from May 15 through October 1. The bill prohibits the recreational use of lobster pots in the designated areas. The term "fish pot" in the bill includes conch pots because they are considered to be fish pots in regulations. Also, under current law and regulation, there is no distinction between commercial or recreational use of other fish pots including conch pots, although most of the major fisheries in the State, other than conch, currently require commercial landing permits. Therefore, only conch and a very limited number of other fish can be caught with pots by a person who does not have a commercial landing permit. The bill further requires federal funds received by the State for the support of recreational fishing on artificial reefs to be used exclusively for areas of permitted artificial reef sites other than those areas designated for commercial fishing as described above. The funds may also be used to expand the size and area of the Sandy Hook and Axel Carlson artificial reefs to offset the areas of the artificial reefs designated for commercial fishing. The bill provides that the operation, maintenance, and restoration of the designated areas for commercial fishermen may be funded by donations, or federal or State moneys specifically allocated for, applied for by, or provided to commercial fishermen. The bill requires the Department of Environmental Protection, in consultation with the United States Fish and Wildlife Service, to review and revise projects associated with the State Artificial Reef Program to ensure that the projects are eligible for use of funds received as part of any federal law providing funding for artificial reef programs, including but not limited to, the federal Dingell-Johnson "Sport Fish Restoration Act," 16 U.S.C. s.777 et seq. Finally, the bill requires the DEP to apply, within three months after the date of enactment of the bill into law, to the Mid-Atlantic Fishery Management Council to designate all permitted artificial reef sites constructed under the Artificial Reef Program of the New Jersey Division of Fish and Wildlife within federal waters as Special Management Zones pursuant to section 648.148 of title 50, Code of Federal Regulations.

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Sean Kean (R)*, 

Introduced, Referred to Assembly Agriculture Committee (on 01/14/2020)