Fixed gear is now legally restricted to only portions of the New Jersey’s two inshore artificial reef sites, as the compromise effort in the ‘pots off the reef’ battle is officially in place in the state of New Jersey.
In Volume 47, Issue 21 of the New Jersey state register dated November 2, 2015, the New Jersey Department of Environmental Protection (NJDEP) has officially adopted new regulations limiting the use of lobster, fish, and conch pots on artificial reefs in State waters, including the two existing New Jersey artificial reefs, the Sandy Hook Reef and the Axel J. Carlson Jr. Reef.
The new rule designates specific areas within the two existing artificial reefs within state waters as "full access zones." Commercial and recreational lobster, fish, and conch potters are limited to placing their pots only in theses designated full access zones; commercial and recreational anglers and divers alike will continue to have full access to all parts of the reefs, including the designated full access zones.
In addition to identifying the full access zones, the amendment and new rule identify specific requirements for setting pots within the full access zones meant to minimize spatial conflicts between users and enable law enforcement to be more effective. The rule also includes penalty provisions that impose monetary fines as well as license suspension or revocation for violations.
THE GEAR ZONES
At the Sandy Hook Reef site, the full access zone where fixed gear will be allowed is that portion of the Sandy Hook Reef site lying within a continuous line beginning at 40 22.800′ 73 56.600′ to 40 22.800′ 73 55.880′; then south to 40 22.500′ 73 55.880′; then west to 40 22.500′ 73 56.300′; then south to 40 22.400′ 73 56.300′ and west to 40 22.400′ 73 56.600′.
At the Axel J. Carlson, Jr. Reef site, there are two full access zones where fixed gear will be allowed, the North full access zone and the South full access zone. The North full access zone lies within a continuous line beginning at 40 04.180′ 73 59.750′ to 40 04.110′ 73 59.600′; then south to 40 03.500′ 73 59.600′; then west to 40 03.500′ 73 59.906′. The South zone where gear is allowed lies within a continuous line beginning at 40 00.900′ 74 00.499′ to 40 00.900′ 74 00.000′; then south to 40 00.060′ 74 00.000′; then west to 40 00.350′ 74 00.650′.
Wreck fishermen and divers who utilize these two reef sites, the only designated artificial reef sites that actually lie in New Jersey state waters inside of the federal three-mile limit, are advised to be cautious in these particular coordinates as fixed gear may, and more than likely will be present.
In a posted summary of public comments and agency responses, NJDEP said the amendment and new rule will significantly reduce the use of pots on the Sandy Hook and Axel Carlson Reefs, which should reduce fishing tackle and anchor losses resulting from entanglement with submerged potting gear. The setting of potting gear will be prohibited on 83.2% of the Sandy Hook and Axel Carlson Reefs. The remaining 16.8% of these reefs will be designated as full access zones where pots can be set. According to the new rule, once deployed or left on the reefs during daylight hours, pots may remain on the reefs overnight. “It would not be practical for fishermen to have to place and remove fishing pots the same day,” NJDEP said.
Prior to this adoption, commercial and recreational potters had full use of the reefs since the Sandy Hook Reef was constructed in the mid-1980s and the Axel Carlson Reef in the early 1990s. The compromise allows the commercial and recreational potters to continue potting on parts of the reefs, but provides that the majority of the reefs be open only for recreational uses.
The Sandy Hook and Axel Carlson Reefs are two of the largest reefs within New Jersey’s artificial reef network, which is comprised of these two State reefs and 13 Federal reefs. The Axel Carlson Reef is the second largest (4.0 square miles) and the Sandy Hook Reef is the fourth largest (1.4 square miles). The full access zones will be the only areas within these reefs where gear can be set. In addition, anglers will not be prohibited from utilizing the full access zones.
FUNDING QUESTIONS
While many anglers argued that the full access zone locations encroach on structures that were funded almost entirely by private donations from recreational fishermen in addition to special excise taxes paid by recreational fishermen, the NJDEP said there are no areas within the Sandy Hook Reef that encroach upon structures that were sponsored by private donations.
“On the Axel Carlson Reef, there is one location in the northern full access zone and nine locations in the southern full access zone that contain reef material sponsored by private donations as part of the Division of Fish and Wildlife’s Adopt-A-Reef Program,” the NJDEP noted. “These areas represent only 14.3% of the total material that is sponsored by private donations. The remaining 85.7 percent of reef structure sponsored through the Adopt-A-Reef program is in the portion of the reef where potting will be prohibited.”
Although there are 10 locations sponsored by private donations in the full access zones, NJDEP said donors who sponsored these reef materials will have complete access and will not be excluded from angling or diving there. “The reefs were initially and are continually built using funds generated by the Federal excise tax and State matching funds through the Wildlife and Sport Fish Restoration Program, and donations of material from public agencies such as the U.S. Army Corps of Engineers (USACE), in addition to private donations of materials (such as vessels that are sunk on the reefs), and private donations of money through the Adopt-A-Reef or Memorial Reef programs,” NJDEP said.
As for the Federal excise tax collected on fuel, tackle, and other sporting related purchases, NJDEP said funds are disbursed to the State as a part of the Wildlife and Sport Fish Restoration Program. “The Federal excise tax is 75% of that program’s funding, and the State must come up with a 25% match. The State match has been provided through labor to build reef balls and donations of material.”
The Federal excise tax monies returned to the State historically have been in the $250,000 range annually and go towards paying for the material to construct reef balls, the monitoring of the program, and other costs associated with deploying material on the reefs. “The majority of the material deployed on the reefs comes from donations from agencies such as USACE, which has donated large rocks from USACE’s dredging operations,” NJDEP said. While the agency said anglers are correct that excise taxes paid by recreational users have been used to build reefs, they said the bulk of the donated reef material has come from donations of rock from USACE.
REALLOCATION OF SPORT FISH FUNDS
In an April 10, 2011 letter to NJDEP Commissioner Bob Martin, Dr. John Organ, Chief of the Division of Wildlife and Sport Fish Restoration at the U.S. Fish and Wildlife Service said Sport Fish Restoration (SFR) monies given to the state each year could no longer be used on reef building. “Over the past several months, I have been contacted by phone, mail and personal visits by a variety of New Jersey recreational anglers who have claimed that proliferation of lobster pots and fish traps for commercial purposes interferes with hook and line and spear recreational fishing,” Organ noted. “My staff has investigated the allegations and confirmed that the use of pots and traps is interfering with the purposes for which the reefs were constructed.”
“Because of the aforementioned conflicts that clearly violate provisions of the SFR Act and its implementing regulations, I am terminating all further SFR funding for the artificial reef program in New Jersey, effective the date of this letter,” Dr. Organ added. “Funding can be restored when appropriate action is taken to eliminate the conflicts that currently interfere with recreational fishing on these reefs.”
The State of New Jersey traditionally has used prison labor, specifically reef balls built by prisoners, as the ‘upfront’ investment towards getting matching funds. According to NJDEP sources, the prison labor force in New Jersey and the product they produce is considered a public sector asset or taxpayer resource, and could be used to get matching SFR funds. However, no private sector donations were used, nor could be used, to secure matching funds through the U.S. Fish and Wildlife Service.
As for SFR funds since 2011, that money did not disappear entirely, but instead was used in other capacities in the state of New Jersey. According to NJDEP sources, some of the federal funding previously used for reef efforts was reallocated to a part-time biologist working on the river herring issue, and also for additional salaries for other NJDEP and Division of Fish and Wildlife initiatives.
The Department’s reef building activities have been ongoing since the reefs were initially constructed and will continue as long as the State has the resources to build the reefs. Recreational fishing advocates who had been pushing to remove fixed gear from the two inshore reefs are hoping now to secure special management zone (SMZ) status for the other artificial reef sites in federal waters where gear conflicts also occur.
The Sandy Hook Reef site is located approximately 1.4 miles east of Sea Bright, Monmouth County. The site is located approximately 5.7 nautical miles at a compass bearing of 157 degrees from Sandy Hook Channel. The Axel J. Carlson Jr. Reef site is located approximately 2.0 miles east of Mantoloking, Ocean County. The site is located approximately 4.4 nautical miles at a compass bearing of 166 degrees from Manasquan Inlet.
NJDEP said penalties for potters who violate the new regulation are the maximum allowed by the statute, noting that violators are subject to suspension and/or permanent revocation of their licensing.
To view the entire document, go to www.lexisnexis.com/njoal/, select the NJ- New Jersey Register option at the upper left hand navigation, and type 47 N.J.R. 2653 into the search box.