Bill Text: NJ A238 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires DEP to establish artificial reef plan for commercial and recreational fishing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A238 Detail]
Download: New_Jersey-2014-A238-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Requires DEP to establish artificial reef plan for commercial and recreational fishing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning artificial reefs and supplementing Title 23 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Within one year after the date of enactment of this act, the Division of Fish and Wildlife, in the Department of Environmental Protection, shall develop a plan for, and determine the use of, the two artificial reefs within State waters. The plan shall consider the history of the fishing grounds and the commercial and recreational uses of the reef sites.
b. The Department of Environmental Protection shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the use and quantity of fish and lobster pots on the artificial reefs within State waters.
c. The Department of Environmental Protection may apply to the Mid-Atlantic Fishery Management Council to designate all artificial reefs in federal waters off the State's coast, constructed under the Division of Fish and Wildlife's Artificial Reef Program and permitted by the United States Army Corps of Engineers, to duplicate the management program created for the artificial reef sites within State waters pursuant to this act.
2. This act shall take effect immediately.
STATEMENT
This bill would require the Division of Fish and Wildlife, in the Department of Environmental Protection (DEP), to determine the use of artificial reefs within State waters, within one year after the date of enactment of this bill into law.
Under the bill, the division would develop a plan which would take into consideration the history of the fishing grounds and the commercial and recreational uses of the reef sites. The DEP would also establish rules and regulations concerning the use and quantity of fish and lobster pots allowed on the artificial reefs within State waters.
Currently, there are 17 artificial reefs off New Jersey's coast, of which two reefs are within State waters (i.e., within three nautical miles of the State's coast), and 15 reef sites are in federal waters. The two artificial reefs within State waters require a DEP permit, in addition to a United States Army Corps of Engineers permit, and would be the only two artificial reef sites subject to the provisions of this bill.
Under the bill, the DEP may apply to the Mid-Atlantic Fishery Management Council (MAFMC) to designate all artificial reefs in federal waters off the State's coast, constructed under the division's Artificial Reef Program and permitted by the U.S. Army Corps of Engineers, to duplicate the management program created for the artificial reef sites within State waters pursuant to this bill. The MAFMC is responsible for the granting of Special Management Zones on artificial reefs in federal waters, which are areas that have special restrictions on fishing gear.
