Bill Text: NJ S213 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes conflict resolution procedures through Department of Agriculture for complaints against commercial fishing docks and fish processing facilities.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S213 Detail]
Download: New_Jersey-2010-S213-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
Co-Sponsored by:
Senator Ciesla
SYNOPSIS
Establishes conflict resolution procedures through Department of Agriculture for complaints against commercial fishing docks and fish processing facilities.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning commercial fishing and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known, and may be cited, as the "Commercial Fishing and Fish Processing Rights Act."
2. Notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial fishing dock or fish processing facility, located in an area in which the operation of a commercial fishing dock or fish processing facility is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, and the operation of which conforms to commercial fishing industry practices developed by the Department of Agriculture and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the department to constitute a generally accepted commercial fishing operation or practice, and all relevant federal or State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may:
a. Land, process and package fish;
b. Provide for the operation of a fish market, including the construction of building and parking areas in conformance with municipal standards and all relevant laws, rules and regulations;
c. Conduct fish-related educational and recreational activities, provided that the activities are related to marketing the fish output of the commercial fishing dock or fish processing facility; and
d. Engage in other commercial fishing activity as determined by the department and adopted by rule or regulation pursuant to P.L.1968, c.410.
3. In all relevant actions filed subsequent to the date of enactment of this act there shall exist an irrebuttable presumption that no commercial fishing dock or fish processing facility, activity or structure which conforms to commercial fishing industry practices developed by the Department of Agriculture and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the department to constitute a generally accepted commercial fishing operation or practice, and all relevant federal or State statutes or rules and regulations adopted pursuant thereto and which does not pose a direct threat to public health and safety, shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
4. a. Any person aggrieved by the operation of a commercial fishing dock or fish processing facility shall file a complaint with the applicable county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14), or the State Agriculture Development Committee, established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4), in counties where no county board exists prior to filing an action in court.
b. In the event the dispute concerns activities that are addressed by a commercial fishing industry practice developed by the Department of Agriculture and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the county board shall hold a public hearing and issue findings and recommendations within 60 days of the receipt of the complaint.
c. In the event the department has not developed and adopted a commercial fishing industry practice concerning activities addressed by a complaint, the county board shall forward the complaint to the committee for determination of whether the disputed commercial fishing operation constitutes a generally accepted commercial fishing industry operation or practice. Upon receipt of the complaint, the committee shall hold a public hearing and issue its decision, in writing, to the county board. The county board shall hold a public hearing and issue its findings and recommendations within 60 days of the receipt of the committee's decision.
d. Any person aggrieved by the decision of the county board shall appeal the decision to the committee within 10 days. The committee shall schedule a hearing and make a determination within 90 days of receipt of the petition for review.
e. The decision of the State Agriculture Development Committee shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court. Any decision of a county agriculture development board that is not appealed shall be binding.
5. Any person aggrieved by any decision of a county agriculture development board regarding specific commercial fishing industry practices or conflict resolution, may appeal the decision to the State Agriculture Development Committee in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The decision of the State Agriculture Development Committee shall be considered a final administrative agency decision.
6. a. The Department of Agriculture shall adopt, in consultation with the Attorney General and pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), standards determining what constitutes a direct threat to public safety pursuant to sections 2 and 3 of this act.
b. The Department of Agriculture shall adopt, in consultation with the Department of Health and Senior Services and pursuant to P.L.1968, c.410, standards determining what constitutes a direct threat to public health pursuant to sections 2 and 3 of this act.
c. The Department of Agriculture shall develop and adopt, pursuant to P.L.1968, c.410, a program of commercial fishing industry practices which shall include, but not necessarily be limited to, air and water quality control, noise control, waste disposal, and labor practices pursuant to sections 2 and 3 of this act.
d. The Department of Agriculture shall adopt, pursuant to P.L.1968, c.410, rules and regulations necessary to implement the provisions of this act.
7. This act shall take effect immediately.
STATEMENT
For over 300 years, New Jersey's commercial fishermen have provided citizens of the State with some of the finest fish and seafood caught anywhere in the world. The State is ideally located to provide access to a wide variety of both northern and southern species, including black sea bass, flounder, swordfish, tuna, whiting, mackerel, porgies, butterfish, scallops, clams, oysters, crabs and lobsters. Local product is shipped to some of the most discerning seafood markets in the world.
New Jersey boasts six major commercial fishing ports, including Cape May, Atlantic City, Point Pleasant, Barnegat Light, Belford and Port Norris. These ports and others make a significant contribution to the State's economy. New Jersey fishermen make these contributions while meeting tough environmental standards to protect State waters and New Jersey shellfish harvesters adhere to strict monitoring regulations to ensure a sustainable industry.
The Department of Agriculture, through the Fish and Seafood Development Program, promotes the fishing industry Statewide and throughout the region, and presents New Jersey as a desirable place for fish and seafood processing operations. The creation of processing businesses and the development of vertically integrated business ventures are critical to New Jersey's ability to compete more effectively in the rapidly expanding global market for fresh and processed fish and seafood products.
In short, the commercial fishing industry provides a unique service to the State and those providing this valuable service deserve protection from frivolous complaints about their lawful and reasonable operations. To that end, this bill would protect the rights of commercial fishermen and fish processors to operate their businesses in New Jersey.
Specifically, this bill establishes a conflict resolution procedure , similar to that in the "Right to Farm Act" for farmers, for complaints against commercial fishing docks and fish processing facilities. The bill directs the Department of Agriculture to develop and adopt commercial fishing industry practices. Any commercial fishing dock or fish processing facility conforming to the commercial fishing practices developed and adopted by the department would benefit from an irrebuttable presumption that it does not constitute a public or private nuisance, nor does it invade or interfere with the use and enjoyment of any other land or property.
Under the bill, any person aggrieved by the operation of a commercial fishing dock or fish processing facility must file a complaint with the applicable county agriculture development board, or the State Agriculture Development Committee in counties where no county board exists, prior to filing an action in court. Within 60 days after the receipt of the complaint, the board or committee would issue findings and recommendations in connection thereto. Any person aggrieved by the decision of a county board would be permitted to appeal the decision to the committee within 10 days. Any decision of the committee would be binding and constitute a final administrative agency decision, subject to the right of appeal to the Appellate Division of the Superior Court.
