Salt Water Anglers of Bergen County, New Jersey
Supreme Court Rules
in Favor of New Jersey Herring Fishermen
Decision will impact how federal agencies make rules
By John Toth
Before I
explain this recent Supreme Court decision, some background
information is needed:
Several NJ
Commercial herring fisherman say they don’t think it’s fair that a
federal rule forces them to pay over
20% of their earnings to
cover the salary of the government’s at-sea monitors who ride on
their boats. They took their case to the U.S. Supreme Court and it
ruled in favor of commercial fishermen so that they do not have to
pay for the fees of monitors imposed on them by the federal
government.
The at-sea
monitors collect scientific, management, and regulatory compliance
and economic data and report back to the government. They also focus
on the discarded fish catch, or fish thrown back because they are
not the target species or are undersized. This data is used for the
management and monitoring of the annual catch limits.
The fishermen
concede federal law allows the government to require at-sea monitors
on their boats, but they argued Congress never gave the executive
branch further authority to pass monitoring costs to the herring
fishermen. They contend that the National Oceanic and Atmospheric
Administration (NOAA), which manages the nation’s fisheries, have
abused its power. NOAA expects these herring fishermen to pay for
these monitors as much as $700 per day, in some cases, making them the highest paid person on
the boat!
Their case
overturned a long-standing precedent set in a 1984 Chevron USA Inc.
vs. Natural Defense Council Inc. that allowed NOAA to pass on these
monitoring costs to fishermen. However, lawyers representing the
fishermen contend that this case was legally flawed and did not give
NOAA the right to pass on monitoring costs to fishermen.
In the short
term, these commercial fishermen probably will be reimbursed by our
federal government for the money they have paid to have these
monitors on board that comes to $700 a day. However, what are the
long term effects of this U.S. Supreme court decision for us
recreational anglers?
I believe
this decision favoring fishing businesses will have far reaching
consequences. For about 40 years, people from all walks of life have
been denied a fair hearing in federal court due to the Chevron case
that put tremendous power in the hands of regulatory agencies.
During this time, we have been at the mercy of federal bureaucrats
making fishing management decisions that have resulted in so many
charter/party boats and tackle shops going out of business. Our
concerns about their decisions affecting us have largely been
ignored. Their decision to impose the 28 to 31 inch size limit on
stripers was done without any input from us. The 10 knot rule
restriction on vessels to protect Right Whales needs modifications,
but our concerns about it are ignored. Fishing regulations are
developed by using the seriously flawed Marine Recreation
Information Program (MRIP) and the National Marine Fisheries Service
(NMFS) continues to use it even though it results in restrictive
regulations harming recreational businesses. This list can go on and
many of us have been angered and frustrated over the mismanagement
of our fisheries for these many years.
However, I do
believe that because of this recent U.S. Supreme Court ruling, we
have the ability to challenge decisions made by fishing managers
that make regulations that are not in our favor. In the past,
fishing managers told us that we had to accept their decisions with
no recourse because of the Chevron case. Now, that has changed and
if we don’t agree with their decisions we can take them to court.
They have not listened to us in the past, but I think they will
listen to us now!
(New York Times,
June 19, 2024)
(Asbury Park Press,
July 7, 2024)
Letter from our club to both Senator Cory Booker and Senator Menendez requesting their assistance to having NOAA reconsider their Atlantic Right Whale Reduction Act:
Senator Cory Booker,
NOAA Fisheries has proposed an Atlantic Right Whale Strike Reduction Rule (Document ID NOAA – NMFS-2002-0022-0005) that would devastate the fishing and boating industry in New Jersey. On behalf of the Salt Water Anglers of New Jersey, I request your assistance in having NOAA to reconsider this rulemaking and meet with key stakeholders to determine a better course of action that protects Right Whales and also protects the fishing and boating industry in New Jersey.
Right Whales are an endangered species with approximately 350 of them left in our ocean. NOAA, in a misguided attempt to protect them, proposed a rule that would impose speed restrictions of up to 10 knots (11.5 miles) on vessels 35 to 65 feet in length so that they do not strike a whale. The model used by NOAA to determine this speed restriction assumes a 10-meter draft depth when most of the boats in this range have approximately a 2 to 3 feet draft depth. This speed restriction was developed without any input from the recreational or boating industry. We are willing to meet with NOAA to develop a better alternative to protect Right Whales since we are also deeply concerned about their diminishing numbers.
Should NOAA’s proposed rule go into effect, boaters would have to operate at much slower speeds to reach their fishing grounds resulting in a loss of fishing trips and its negative effect on the many industries that rely on them such as tackle shops . In the event of an emergency situation caused by weather or other emergencies, boaters would have to travel at slow speed to reach their marina. Violators of the reduced speed could face significant fines.
Other organizations want NOAA to reconsider this proposed rule such as the American Sportfishing Association (ASA) that represents many fishing and boating industries.
Senator Booker, we request your assistance in reaching out to Janet Coit, Administrator of NOAA, and to reconsider this reduction rule and meet with stakeholders to determine a better course of action that protects Right Whales and the fishing industry in our state.
Sincerely,
John Toth, President
Member Steven Marengo received this information from Viking Yachts that can be used to assist club members inwriting their own letters to legislators requesting NOAA to reconsider its Atlantic Right Whale Reduction Act:
I write today to express my concern over vessel speed restrictions
proposed by NOAA Fisheries in the North Atlantic Right Whale Vessel
Strike Reduction Rule (Document ID NOAA-NMFS-2022-0022-0005). The
proposed speed restrictions will put human life at risk, devastate
the recreational fishing and boating industry, and threaten small
businesses along the Atlantic Coast.
Recreational anglers and boaters understand the need to safeguard
America’s waters and endangered wildlife, including North Atlantic
right whales. We affirm that conservation measures must be developed
with the best available science and that they are consistent with
the magnitude of risk a particular activity poses. NOAA’s proposed
rule fails on these key principles in natural resource management.
NOAA developed this rule without input from key stakeholders,
including anglers and boaters like myself who access and take care
of these areas every day. The proposal lacks concrete evidence –
specifically the Agency’s claims of the efficacy of vessel speed
restrictions for smaller vessels; larger speed zones, and longer
enforcement periods. With less than a one-in-a-million chance a
recreational vessel 35 - 65 feet will strike a right whale, the
proposed restrictions are unnecessarily severe. The rule represents
the most significant maritime regulation ever proposed for the
recreational fishing and boating industry and in its development,
NOAA vastly underestimated the number of anglers, boaters, and
coastal communities that will be negatively impacted by the rule.
Vessel speed is a significant safety feature on a recreational boat,
and the proposed restrictions will reduce the ability of boaters to
outrun weather or otherwise safely operate their vessel in an
appropriate manner for the given sea conditions. There is also a
safety concern for those who might find themselves offshore in a
non-emergency situation (out of fuel/broken down) waiting on
commercial tow boats unable to respond in a timely manner under the
speed restrictions.
Should NOAA’s proposed rule go into effect, thousands of
recreational boating and fishing trips will be curtailed each year
for practical reasons – jeopardizing a critical economic engine for
many coastal communities and a major source of conservation funding
nationwide.
Please weigh in with NOAA Fisheries Administrator Janet Coit on behalf of anglers and boaters today. The Agency needs to pause this rulemaking and meet with key stakeholders to determine a better course of action that protects right whales and fosters recreational activity for hundreds of thousands of families along the East Coast.
NOAA Told No on Designating the Hudson Canyon as a Marine Sanctuary
John Toth is a Trustee of the New Jersey Outdoor Alliance (NJOA), and Arnie Ulrich is this organization’s Membership Secretary. A letter on NJOA letterhead was sent to the National Oceanic and Atmospheric Association (NOAA) on August 4 indicating the lack of support for designating the Hudson Canyon as a Marine Sanctuary.
This letter follows: NOAA Docket # NAH- NUS -222-0053 8/5/22
New Jersey
Outdoor Alliance (NJOA) members John Toth and Arnold Ulrich both
attended NOAA’s public meeting at Monmouth University on July 21st
to hear its presentation on making the Hudson Canyon a Marine
Sanctuary. The goals of NOAA to
designate the Canyon as a sanctuary include: supporting conservation
of the area’s marine wildlife, habitats, and maritime cultural
resources; working closely with tribal partners to identify and
raise awareness of indigenous connections to the area and providing
a platform of collaborative and diverse partnerships that support
effective and inclusive long-term management of the area. Other
goals include identifying information on the indigenous and tribal
heritage of the area and developing a regulatory framework most
appropriate for the proposed sanctuary.
Throughout NOAA’s presentation, we did not hear specific reasons given
why the Hudson Canyon should be designated as a sanctuary. We did
not hear that turtles are in trouble; whales are dying or fish are
floating on the water. A sanctuary implies that there is something
to protect and what we heard was the above goals that do not show
compelling reasons why the Hudson Canyon should have this sanctuary
designation. NOAA is simply acting on a 2016 nomination to make the
Hudson Canyon a marine sanctuary lacking substantial reasons for
doing it.
The real concern for fishermen is that the Hudson Canyon will be closed
for the recreational and commercial industries. NOAA indicated at
this meeting that recreational and commercial fishing will be
allowed in the Canyon and that is at best an assurance and not a
guarantee. Concerned that we can have access for fishing in the
Canyon, John Toth testified to NOAA that the recreational fishing
industry has taken a lot of hits with so many party and charter
boats going out of business, including tackle shops, because of so
many regulations. The recreational industry relies on fishing in the
Canyon for its survival. He also commented that the commercial
fishing industry also needs to have access to the Canyon so that we
can have local fish to eat and not fish coming from China that has a
poor record for the safety of its fish.
U.S. Rep. Frank Pallone was at this meeting and he indicated his support
to have the Canyon as a sanctuary on the contingency that
recreational and commercial fishing industries would be allowed to
fish in it. He also indicated that NOAA should include
representatives from both of these fishing industries in any
framework that is formed to develop the Canyon as a sanctuary. While
we do not support Representative Frank Pallone’s position on the
Canyon, we do want to have a seat on any framework that is
established to consider designating the Canyon as a sanctuary.
The NJOA does not support NOAA designating the Hudson Canyon a Marine
Sanctuary since NOAA has not made a clear case that it is really
needed. In addition, NOAA has provided assurance that recreational
and commercial fishing would be allowed to continue in the Canyon,
but a guarantee is needed before any consideration can be given for
our changing our position on making the Hudson Canyon a sanctuary.
Closing this Fishing
Gap!
By John Toth
When
one fishing season ends, another one should open up soon after it.
When the fluke season ended (September19th) we had to wait until the
black sea bass opened (October8th). In the interim, we can only
catch one black fish and the striped bass season usually opens up
mid-October. Bluefish may or may not be around, but this year was
better than several previous years. In essence, we do not have that
much to fish for until the sea bass season opens up, usually about
three weeks after the fluke season ends. I have written about this
issue in this newsletter and I have been in contact with fishing
managers in the past trying to close or shorten this fishing Gap
between seasons.
As an Advisor to the NJ Marine Fisheries Council on sea bass, I was invited to attend a ZOOM meeting on October 26th by this Council, along with other members of the recreational community and the NJ Dep., to discuss how we could close this Gap by changing bag and size limits of sea bass so that this species would be available for us to fish after the fluke season ends. We discussed various ways of doing it like raising the 12.5 inch size limit to 13 inches in certain seasons to give us more days to fish, but the downside to this change is that we would have more throwbacks resulting in higher fish mortality.
Before this meeting started, I sent an email to Peter Clarke, the Marine Biologist in Marine Fisheries who prepared several sea bass charts for our review, asking that he focus on the 2 sea bass at 12.5 inches that we are allowed to catch from 7/1 to 8/31 and consider raising it to 13 inches to see what effect it would have on generating more days for us to catch sea bass. I chose the 2 fish in this summer season since during this time period we are in the fluke season and catching sea bass while we are fluking is more like a by catch. Surprisingly, by doing this, we would receive approximately 10 more days to catch sea bass! So, instead of sea bass opening up around October 8th, we could see it opening up round September 28th and that helps to shorten this Gap. The Advisors at this meeting were in agreement with this change and that the rest of the sea bass seasons for the year should remain as status quo.
This is certainly not a done deal and we have to see if we have overfished our sea bass quota for 2021 and also seek approval from fishing management to make this type of adjustment. But, I think that this is a step in the right direction to provide more fishing opportunities for us anglers and for the recreational for/hire industry so that they can be on the water making money instead of remaining idle at marinas until the sea bass season opens sometime in October.
Report on May 10th
Meeting with NJ DEP Assistant Commissioner Ray Bukowski
By John Toth
In an effort to
obtain feedback on what recreational anglers think that are
important issues facing this industry, Ray Bukowski, Assistant
Commissioner of the New Jersey Department of Environmental
Protection, convened a meeting on May 10th at the
Assunpink Central Region Office with invited anglers and members of
the NJ DEP. The recreational anglers included: John Toth (JCAA),
John DePersenaire (RFA), Rob Winkel (NJOA), Ed Goldman (RFA, NJ),
and Dick Herb, NJ Marine Fisheries Council. Representatives from the
NJ DEP included: David Golden, Director, Fish & Wildlife, Joe
Cimino, Administrator, Marine Fisheries, and Jeff Brust, Research
Scientist, Fish & Wildlife.
This meeting had no
set agenda since it was basically a brainstorming session on future
objectives the NJ DEP can work toward to support and improve access
and the health of critical fisheries. There was no expectation or
commitment expected from any guests since the discussion was geared
to just open dialogue. This meeting lasted for two hours. I cannot
cover all of the issues that were raised at this meeting, but I will
give you a brief overview of this meeting.
Flawed Data
– This is a
major problem that needs fixing! We all know of many instances of
data that is terribly wrong like we caught so many fluke just after
Sandy struck even though many boats simply disappeared and littered
our shorelines. From this flawed data, draconian quotas are applied
to fluke, blackfish and other fisheries. These draconian quotas have
devastating effects on our recreational fishing industry resulting
in many for-hire fishing boats going out of business along with
related industries like tackle shops. In essence, we are in a slow
death spiral of this industry with 24% less recorded fishing trips
in 2019.
What can be done to
address this issue? It was mentioned that more funds should be
allocated to improve data since only $11 million has been allocated
by the federal government to improve data collection methods since
1980! Given the money the federal administration is spending on a
variety of programs, this $11 million could be significantly
increased to improve data collection. The Magnuson-Stevens Act
restrains what actions fishing managers can take to improve our
fishing industry. More flexibility with this legislation would be
helpful to give more latitude to fishing management to ease
restrictions on harmful quotas. In changing the Magnuson Stevens
Act, we would need the help of our legislators like Congressman
Pallone, our senators and other legislators.
Economic Impact
– the
Magnuson-Stevens Act stipulates that when new fishing regulations
are proposed by fishing management, an economic impact statement
must be included. What would be the impact of these new regulations
on the recreational fishing industry like the for-hire fleet and
tackle shops. I have seen many proposals for new fishing
regulations, but I have not seen the economic impact statement that
should accompany them.
New Jersey Marine
Fisheries Council March 4th meeting on fluke regulations
for 2021
- This meeting generated
a lot of controversy since Council members decided to vote for an
earlier fluke season (May 22nd to September 19th)
even though the majority of anglers voted in a survey for the longer
season (May 28th to September 28th). This
created a no- win situation for the Marine Fisheries Council since
the inshore fishing for fluke in the southern part of our state has
fluke entering into its inshore bays and rivers earlier than in the
northern part of our state. If the council votes for a later season,
this adversely affects fluke fishing in the southern part of our
state.
This issue always
comes up in the Advisory meetings I attend to discuss fluke
regulations for the coming year. Discussion to resolve this issue
included a shorter size limit for fluke – perhaps to 17 ½ inches or
establishing boundaries to delineate where the southern section
would begin in our state. Something needs to be done to resolve this
issue since no matter how the NJ Marine Fisheries Council votes to
establish a new fluke season it will not satisfy angers who fish in
the inshore waters of the southern part of our state or anglers in
the north who prefer a longer fishing season.
Why can’t we be like
Florida?
– Rob Winkel visits Florida regularly and reported how much this
state takes care of its salt water angers with nice fishing ramps
and other amenities. He pointed out that their bridges have
locations on them for anglers to fish from. With the money coming
into New Jersey from the
Biden administration, perhaps some of this money can be dedicated to
improve amenities in our state like Florida has for its anglers
Angler Registry
issue –
when it comes to distributing federal funding or having political
clout during discussions with members of other states during fishing
management meetings, our state is under represented since it only
has about 250,000 registered
anglers. Other states with lower populations than New Jersey
have more registered anglers and receive more federal funding than
ours. When it comes to political clout, New Jersey can claim it has
only 250,000 anglers while other states can show it has much more
anglers than us even though we have a much larger population.
Dick Herb mentioned
that when he talked to some anglers, they claim that they are
registered, but are under the mistaken perception that they only
need to register once with our state. Registration in New Jersey is
required each year and it
is free. The DEP representatives indicated that they will focus on
an outreach program to get more anglers to register for our state.
By the way, to
register for New Jersey go to:
nj.gov/dep/saltwaterregistry/
Multi-Year
regulations –
Every year, we go through some type of drama about what our
regulation should be for our fisheries. Perhaps we should have
regulations for a two-year period instead of annually. This would be
helpful for the for-hire fleet since they and their customers would
know what the regulations would be to book their charters.
Staggered
regulations –
When one fishing season ends, another one should start shortly after
it. All too often, we have gaps between fishing seasons and the
for-hire fleet sits mostly idle until the next one begins. For
example, this year’s fluke season ends on September 19th
and the sea bass season starts on October 8 (18 days).
Since the sea bass stocks are in great shape, why can’t the sea bass
season start earlier so that there is not such a gap until October
8? There other ways to
close this gap. But that is just one example.
Only one issue was
off the table for discussion and that one is windmills. This issue
is complex and would require an entire meeting, limiting discussion
on other issues.
I want to THANK Ray Bukowski and his staff for meeting with us to have this open sharing of information with us. Ray indicated that he also intends to meet with other stakeholders for their input
Assistance for Recreational
Fishing industry – Adjustments to Fishing Regulations and Seasons
By John Toth
COVID-19 has had a
devastating effect on our country’s economy! Prior to this virus, we
had a 3% unemployment rate and now our citizens are experiencing an
unemployment rate of 20% or more that is close to the Great
Depression! Social distancing has required many businesses to be
closed and, unfortunately, when these restrictions are lifted a
number of them will be out of business.
Social distancing has also had a devastating effect on the for-hire
section of our recreational fishing industry and their related
industries like tackle shops. While boat captains cannot sail and
make money, their costs for insurance, dockage and boat maintenance
do not go away and have to be paid. The for-hire fleet could not
sail during April’s blackfish season that had a four fish bag limit
and while the striped bass fishing was red-hot. Essentially, the
month of April was lost for the for-hire fleet for these two
species. At the time this article was written (April 30th)
it is uncertain when the for-hire fishing boats can sail again with
their customers. Even when they can, a number of anglers may not go
fishing for fear of catching the virus. With so many people out of
work, many anglers may not have the funds to fish. What can be done
to help this industry?
A number of us think that we can try to adjust the fishing seasons
and their regulations to have more days for anglers to fish and more
types of fish to catch. For example, the stocks for black sea bass
are in good shape, yet their seasons and bag limits are severely
restricted. Only two sea bass can be caught from July 1 to August
31. Why not allow 10 sea bass to be caught during this period? Only
1 blackfish can be caught from August 1 to November 15th.
Since anglers can catch fluke during the summer, why not allow
anglers to catch 4 blackfish or 10 sea bass right after the fluke
season ends on September 19th? Possibly extend the fluke
season from September 19 to the end of September? The whole point
here is to give the for-hire fleet more days to fish for various
species that they cannot do so now and attract more anglers to their
boats so that they recoup the money they lost during this virus
situation. We do not want to see our for-hire fleet go out of
business and closed tackle shops. Once they close up, we may not see
their comeback anytime soon.
To start this
process of possibly making changes to our fishing seasons and
regulations, I have written the following email to Commissioners who
are directly involved in the decision process to make the changes in
question. I will keep you updated if these changes are made. This
email follows:
To: Chris Moore,
Ex. Director, Bob Beal, Ex. Director, Peter Hughes, Tony DiLernia,
MAFCC Council Board, Adam Nowalsky, ASMFC Board Chairman
From: John Toth
Date: April 29,
2020
Subject:
Assistance for Recreational Fishing Industry – Adjustments to
Fishing Regulations/Seasons
C0VID-19 has
changed the world we live in, especially with the recreational
fishing industry. Social Distancing has basically shut down the
charter/party boat industry and boat captains are facing financial
ruin. We are in this lockdown situation until May 15th when Governor
Murphy is expected to make his decision on whether our state will
continue to be in this lockdown mode or relax his current
restrictions on COVID-19.
Because of
COVID-19, our state’s blackfish season for April has been lost and
while the current striped bass fishing season is red-hot, our
recreational fleet is tied up at dock. What is not tied up are the
costs associated with running fishing boats such as insurance, dock
fees, and maintenance costs. Faced with these costs and no business
to offset them, the prospect of going out of business becomes more
realistic and the only way out. Also, even if Governor Murphy lifts
his present COVID -19 restrictions, a number of anglers may still be
fearful of contracting this virus and delay or even stop fishing
resulting in less business for the for- hire fleet. Given how many
people have lost their jobs, many anglers will not have the income
to go fishing, even if they want to.
What can be done
to help this industry by Commissioners and Council Members that is
fairly quick and without involving financial compensation? Consider
adjusting fishing regulations/seasons so that there are longer
seasons in the fall and have the possibility of different bag
limits; anything to provide better opportunities for party/charter
boat captains and the related industries that depend on them for
summer flounder and black sea bass to recoup some of their losses.
This consideration should also be extended to species that closures
have had an effect on like the April 2020 season for Tautog that was
essentially lost because of Social Distancing.
The joint MAMFC and ASMFC meeting scheduled for a webinar meeting on
May 6th and the June 16 to June 18 meetings in Virginia
Beach can provide a perfect opportunity to place this loss of
business caused by COVID-19 on the meeting’s agenda for discussion
and resolution. This issue needs quick attention so changes can be
made in time to help make the recreational fishing industry recoup
some of its losses before the 2020 fishing season ends.
Your support to
assist the recreational fishing industry during these trying times
would be most appreciated by the entire recreational community!
John Toth
President, Jersey
Coast Anglers Association
Trustee, New
Jersey Outdoor Alliance
Cc: Joe Cimino,
Ray Bukowski, Tom Fote
Update on the NJ DEP
Public Access Meeting held on October 7th
By John Toth
With the
urging of many fishing and environmental organizations, Governor
Murphy signed the Public Beach Access Bill into law on May 3, 2019
and it became effective on July 3rd.
It codifies the Public Trust Doctrine (PTD)
into law and confirms the public’s longstanding right to use our
state’s tidal waters and adjacent shorelines. It also provides
direction to the New Jersey Department of Environmental Protection
(NJDEP) to protect and enhance public access when permitting
development and approving publicly funded projects. The NJDEP is now
directed to make all tidal waters and their shorelines available to
the public and remove physical and other impediments that limit this
access.
The NJDEP
Division of Land Use Management has taken the lead on implementing
this new law and has had a number of stakeholder meetings with a
number of associations and individuals to receive input on
developing and codifying the new Public Access Rules that the NJDEP
would enforce. The NJDEP is
looking to have a draft of these new regulations for review during
January of 2020 and final rules in place during 2021. To receive
more input from the public, a stakeholders meeting was held on
October 7th at the NJ DEP office in Trenton with anglers,
home owners, business trade groups and others to receive comments
from a wide spectrum of individuals. Approximately 50 individuals
were in attendance and I represented the New Jersey Outdoor Alliance
(NJOA) and the jersey Coast Anglers Association (JCAA). This meeting
was chaired by Ms. Ginger Kopkash, Assistant Commissioner, NJDEP
Division of Land Use Management. This meeting lasted for two hours
and while I cannot record all of what was said, the following bullet
points capture some of the main points that were raised at this
meeting:
·
Ms. Kopkash
indicated that this is a complex issue involving competing interests
with home owners, municipalities, anglers and “we are on a journey”
to arrive at the new regulations to enforce the PTD.
·
We need to look at
not only the deficits that currently inhibit the PTD, but also new
opportunities to enhance it.
·
Dialogues with
stakeholders will still continue well after this October 7th
meeting.
·
Access not only includes
beaches, but waterfront locations as well (a couple living by the
Hackensack River complained how people walk over their private
property and wanted to know how the new regulations would address
this issue). Walking over private property for access to and from
beaches and waterways is a major comment that has emerged from
previous stakeholder meetings.
·
New locations for
beach access by municipalities should be explored including new
offsite locations to increase fishing opportunities. A new funding
mechanism to develop these new locations should be considered
through new permit fees or funding from other sources and placed in
an escrow account. (I made the comment that if this new funding is
approved, it has to be secured so that it is not diverted to other
budget shortfalls).
·
All municipalities
should develop an access plan, possibly by following the guidelines
of a new access template developed by NJDEP.
·
Determine what is
required through an access plan and what is not, like repairing a
bulkhead.
·
When new projects
are being considered in the design process by a municipality,
consideration should be given to access first and not last.
·
Specific violations
of access were raised in Avon and Deal.
Ms Kopkash indicated that they were being put on a spread
sheet for future resolution. I indicated that these were so
egregious that they should receive immediate corrective action so
that anglers would have more faith that something is being done as a
result of this new law. She responded that NJ DEP would look into
these violations but they may have some legal ramifications that
need to be reviewed first.
·
The question was
raised about what type of system will be in place that anglers can
not only report access violations but, also be aware of the progress
being done by NJDEP to correct them. Ms Kopkash indicated that NJ
DEP will work on its design and implementation.
·
Ms. Kopkash asked
the audience if it had any objections to the creation of a special
fund dedicated to expand access opportunities at municipal locations
or other locations like possibly bay areas. The audience response
was positive and nobody responded that it was a bad idea.
·
After this meeting,
I approached Ms. Kopkash and indicated that I have attended a number
of these access meetings in Trenton. I said to her that there are so
many competing interests that make accommodations for access in
shore communities for NJ residents very difficult to achieve. She
recognized this problematic issue and that is why she is seeking
access to beaches and waterways at other locations instead of what
are the traditional locations.
·
The question was
raised on how the audience can be aware of future progress being
made on access and she gave us the contact of Jill Aspenwall who has
our emails from the signing in process of this meeting.
In summary, I have given you some of the many issues that were raised at this meeting. I thought that overall this meeting gave Ms. Kopkash a lot of useful information that can be used to develop legal guidelines to improve access. This is a “journey” as Ms. Kopkash indicated in the long road to follow the legal requirements of the Public Trust Document. I will keep you updated on the progress of this journey as it unfolds.
Summary of Public
Comments at Striped Bass Hearing in the Bay Avenue Community Center
in Manahawkin, NJ September
12, 2019
By John Toth
The Atlantic
States Marine Fisheries Commission (ASMFC) published Striped Bass
Addendum VI in response to the overfishing of striped bass. The
ASMFC has proposed options to help bring back the stocks of this
fish to a higher level and two of the options have a least an 18 %
reduction or more of our striped bass quota during
2020.The ASMFC scheduled
several hearings to receive public comments on these options, and I
attended the one that was held at the Community Center in
Manahawkin. This meeting lasted for about 2 ½ hours and I will try
to present only the main points presented at this meeting.
The format of
this meeting was to first give an overview of the Addendum and its
three options, solicit questions from the audience only on the overview of this addendum and then hear comments from
the attendees on this addendum. There were about 100 in attendance
and a significant number of them were boat captains and others very
concerned about the striped bass fishery. I have been to many of
these management types of meetings and I can’t recall seeing so many
boat captains as this one.
The three
options included:
1.
Status Quo – no
change
2.
Reductions of 18% or
more for both the recreational & commercial anglers
3.
Reductions of 20%
for recreational & 1.8 % for commercial anglers. (Striped bass is a
game fish and is not commercially harvested in New Jersey. In other
eastern states, commercial fishing for striped bass is legal).
Option 1 received limited discussion since almost everybody
in the room recognized that something has to be done to improve
striped bass stocks. Only one person supported Option 1. Nobody
supported Option 3 that would impose a 20% reduction for the
recreational sector and only 1.8% for the commercial industry. It
also received little discussion.
Option 2
(That all
jurisdictions would implement) received the most discussion and this
option has several sub options:
Sub- Option (2-A1) One Bag Limit - - 35 inches minimum – 18%
reduction
Sub – Option (2-A2) One Bag Limit - 28-35 inches- slot – 19%
reduction
Sub- Option (2-A3) One bag Limit -30-38 inches - slot – 18%
reduction
Sub-Option (2 - A4) One Bag Limit - 32-40 inches - slot- 21%
reduction
Included in
this Addendum is the use of circle hooks to catch bass – should
their use be mandatory or preferred.
With about
100 anglers in the room, consensus on the above sub options could
not be achieved, but most anglers preferred (2-A1) 35 inches and
also the Sub- Option (2-A2) - 28- 35
inches slot. Only one fishing
club preferred Sub-Option- (2-A4) 32- 40 slot inches which provide a
21% reduction.
In regard to
circle hooks, a number of anglers wanted their use to be mandatory
to reduce mortality of striped bass.
It is estimated by the ASMFC that 9% of striped bass die when
returned to the sea. Other anglers indicated that the use of circle
hooks should only be
encouraged since surf anglers would have difficulty in using
them to land fish. Anglers use bunker spoons to troll for bass and
circle hooks would not be effective for trolling. Tackle shops would
be adversely affected since they would not be able to sell bunker
spoons and similar tackle to land bass.
Our NJ DEP representatives, and not the staff from the ASMFC, conducted this meeting. That is a very positive development since it shows that our state is listening to what NJ’s anglers have to say about striped bass. The ASMFC will review all of the comments made by anglers during this comment period that will last until October 7th. It is most likely that the ASMFC will approve all or most of the options of 2 and 3 and their sub-options when it will convene again from October 27-31 in New Hampshire. What this means is that these options could be pre-approved by the ASMFC and states can choose one of them. However, this addendum allows for Conservation Equivalency which means that each state will be allowed to develop its own striped bass regulation provided it results in the mandated reduction of at least 18%. For example, a state might choose a minimum size of 28 inches, but reduce the length of their season. However, what the state chooses as its regulation has to be submitted to the technical committee of the ASMFC for approval to ensure that it meets the 18% reduction. The New Jersey Marine Fishery Council will meet possibly in November or later in January with its advisors to discuss the striped bass regulation it wants to have for our state in 2020.
There were
many comments and questions raised during the presentation of the
three options and I will give you a sample of them:
·
Sandmining is
destroying our fishing grounds and, consequently, our ability to
catch not only striped bass, but other fish like fluke and bluefish.
Have you taken into account how sandmining is contributing to the
18% reduction of our striped bass quota?
·
Sea bass stocks are
up by 230% according to ASMFC numbers, yet the fishing seasons for
them are so restricted in spite of their abundance. If we could fish
for them like we should, it would take some of the pressure off
striped bass fishing.
·
Close striped bass
fishing during their spawning season.
·
Close striped bass
in the summer months since their release in warn waters increases
their mortality.
·
Striped bass is a
game fish and cannot be sold in New Jersey, yet other states allow
it, especially Massachusetts that issues 3,500 permits to boats to
allow commercial fishing and selling of striped bass. While we are
fighting over crumbs, the guys in Massachusetts are laughing at us!
·
The data used to
show striped bass stocks are in trouble are so wrong – just a guess!
(This comment was made several times).
·
Circle hooks are
difficult to use for many anglers not accustomed to them.
·
Surf anglers will
have a very difficult time catching a striped bass if the minimum
size is 35 inches. Smaller bass are the norm. Some boat captains
expressed concern that their customers would have a harder time
catching a 35 inch bass.
·
We need to act
quickly to improve the stocks of striped bass since they are in
trouble.
·
Protect smaller
striped bass (24 inches) from the 2014 & 2015 stock assessment since
they will be the right size for breeding in 2020.
Public Access Bill Update
by John Toth
With the urging
of many fishing and environmental organizations, Governor Murphy
signed the Public Beach Access Bill on May 3, 2019. This
law becomes effective on July 3, 2019.
The Public Access bill
codifies the Public Trust Doctrine into law. This Doctrine states
that the tidal waters are held in trust by our State for the benefit
of the public. The bill confirms the public’s longstanding right to
use our state’s tidal waters and its adjacent shorelines. It also
provides direction to the New Jersey Department of Environmental
Protection (NJDEP) on how to protect and enhance public access when
permitting development and approving publicly funded projects. The
NJDEP is now directed to make all tidal waters and their shorelines
available to the public and remove physical and other impediments
that limit this access.
The passage of this bill was the culmination of a long struggle that
began in 2015. The Hackensack Riverkeeper won an appeal of the NJ
DEP’s Public Access Proposal since it would have stripped back
protections of the Public Trust Doctrine.
Shortly after this appeal, Senator Bob Smith, head of the
Senate’s Environmental and Energy Committee, convened a task force
in 2016 to help our legislature develop provisions for a new Public
Trust Doctrine that would codify and strengthen our state’s
obligations to provide public access to its beaches and waterways.
This task force was comprised of various organizations and led by
the American Littoral Society and the NY/NJ Baykeeper. Approximately
40 to 50 people attended these task force meetings that were held in
Trenton. I attended three of them and I can attest that these
meetings sometimes became heated with individuals advancing their
special interests that collided with the interests of other
organizations. After a number of meetings and hearings with Senator
Bob Smith, language for this bill (A) 4221 and (S) 1074 was finally
developed and acceptable for passage by our legislature during March
of this year and passed on to the Governor for his signature.
In the past, municipalities have restricted public access with
restrictive parking measures, vacating street ends and
non-maintenance of necessary dune/bulkhead walk ways that are needed
to access the water’s edge. In short, many municipalities passed
ordinances with the focus of keeping anglers off “their” beaches.
This type of mindset will be a challenge to change even with this
new access law in place.
A meeting was held on June 14th at the American Littoral
Society’s office in Sandy Hook and chaired by Tim Dillingham with
representatives from various fishing and environmental
organizations. The purpose of this meeting was to unite members of
these organizations into a new coalition to ensure that provisions
of this new bill are properly managed and enforced by the NJDEP.
This will not be an easy
task. I represented the JCAA, New Jersey Outdoor Alliance (NJOA) and
the Salt Water Anglers of Bergen County. This meeting started at
10:00 a.m. and ended at noon. The following are some of the major
points that were raised at this meeting:
·
Identify and
inventory those municipalities where access is restricted and is in
clear violation of the new law. George Browne of the JCAA will lead
this effort.
·
When tax monies
are spent on various public projects, new or improved access must be
provided.
·
When new
building permits are initiated for shore/waterway locations,
municipalities must have public access included in them.
·
This law is new
and the details of it have to be developed as in a model ordinance
so that they are easy to understand for municipalities to follow and
also include in their town’s Master Plans.
·
The public also
needs to understand the rights it has for access under this new law
so that it can report any violations they experience.
·
When violations occur, who in the NJDEP
will be the contact person(s) for taking reports and taking
corrective measures? Enforcement is the key to the success of this new law.
Tim Dillingham agreed to develop a summary of this meeting with
input from the coalition members. When this summary is completed, he
will send it to NJDEP Commissioner Catherine R. McCabe for her
review and discussion.
13 Artificial Reefs in Federal Waters
now Cleared of Traps – Ending a 12 Year Struggle
By John Toth
Background:
A number of readers may be under the impression that the 13
artificial reefs in federal waters off New Jersey’s coast have
already been cleared of commercial traps. Others
may have totally forgotten
about this issue. Other readers may not even know that it was a
problem since removing commercial traps off 15 of New Jersey’s
artificial reefs has taken over 12 years to do! Our memories tend to grow dull when resolving
an issue like this over a 12-year period that has taken so many
twists and turns. Let me highlight some of the major points in the
struggle of recreational anglers to remove these traps.
Under the
direction of Mr. Bill Figley, our state DEP in the 1980’s began the
development of creating 15 artificial reefs, two in our state’s
waters and 13 in federal waters.
These reefs provide a habitat for a large number of salt
water species and they also enhanced fishing opportunities for
recreational anglers. These reefs were built with funds provided by
the federal government under the Federal Sport Fish Restoration
Program and by various fishing clubs and private monies. The federal
monies come from excise taxes on our fishing tackle. Essentially,
these reefs were built with funds from recreational anglers and were
intended to be for general use, like a public park system for
everybody to use. It is estimated that 20% of the fish caught in New
Jersey come from these 15 reefs.
Unfortunately, these reefs were so successful in attracting fish and
lobsters that they also attracted commercial fishermen who
completely covered these reefs with their traps. Recreational
anglers got their gear continually snagged by these traps, rendering
the reefs virtually unusable for them.
Recreational
anglers, fed up with their inability to use the reefs, organized to
take these reefs back by forming
Reef Rescue, a group of
recreational anglers, clubs and divers pushing for new rules to
remove commercial traps from the reefs.
Removal would be through new state regulations and the reefs
declared as Special Management Zones (SMZS) that would prohibit the
use of traps on the reefs.
Reef Rescue,
a Council Member of the New Jersey Outdoor Alliance (NJOA),
spearheaded a number of initiatives to remove the traps by
galvanizing anglers to sign petitions, sending emails to their
legislators and meeting with them to get legislation passed for the
removal of these traps. On several occasions, Reef Rescue was
successful in getting a majority of New Jersey’s senators and
assemblymen and women to support this legislation, but the Speakers
of the Assembly (Albano and Roberts) would not post the bill due to
their ties to commercial anglers. Angered by this frustration, Reef
Rescue organized an official protest in front of Assemblyman’s
Albano’s office in Cape May on April 9th, 23rd
and April 30th of 2011 with anglers (including JCAA
members) carrying posters with the message
“Give Us Back Our Reefs”!
Close to 100 anglers were at these three demonstrations. In addition
to these demonstrations, funding for reefs from the federal
government was suspended due to recreational anglers not being able
to use them according to the regulations of the Federal Sport Fish
Restoration Program.
What these
demonstrations accomplished was to draw public attention to this
issue that eventually led to Assemblyman Albano chairing a meeting
of the Assembly Agricultural and Natural Resources Committee on
March 8, 2012 proposing that the two reefs in New Jersey’s waters
(Sandy Hook and Axel Carlson) be split for use by both recreational
and commercial anglers. It became apparent to Reef Rescue and NJOA
Council members that further efforts to remove all of the traps on
these two reefs through legislation would go on endlessly since the
commercial industry had important ties to legislators that would
thwart total removal of the traps. So a compromise was reached in
2015 whereby these two reefs would be split for usage by both
commercial and recreational anglers. To appease recreational anglers
for the loss of their space on the two reefs, agreement was also
reached that the New Jersey DEP would build a new artificial reef
for use only by recreational anglers by the Manasquan Inlet that
would occupy approximately one square mile.
While the
usage of the two reefs in New Jersey’s waters was resolved, what
about the 13 reefs in federal waters?
Would they also be split for usage like the Sandy Hook and
Axel Carlson reefs?
In 2016, our
state DEP petitioned the Mid-Atlantic Council (MAMFC) to designate
these 13 artificial reefs as Special Management Zones. The MAMFC
Steering Committee reviewed this issue and it recommended that the
13 reefs should have SMZ status. One issue that did not help the
commercial sector is their claim to the IRS that they only made
$25,000 in profits a year from using the 13 reefs! This bolstered
the argument that the commercial anglers would not be adversely
affected if these reefs became SMZS.
At a December
12th MAMFC meeting in Baltimore a vote was taken on whether to have
the 13 reefs designated as SMZS and it passed (9 votes for and 8
against). The usual
suspects on the MAMFC who vote against recreational anglers did not
prevail – including the New York representative who said we need to
study this issue more even though thousand of anglers signed
petitions to have the traps removed!
However,
before the reefs could be finally declared SMZS, public hearings and
input from both the commercial and recreational communities had to
be received by the MAMFC. A final decision was delayed with the
departure of John Bullard being replaced by Mike Pentony.
On July 9th,
the National Marine Fisheries Service (NMFS) finally ruled that the
13 artificial reefs can be fished with hook & line and spears by
divers. All traps must be removed by August 8, 2018.
New Windmills off
New Jersey’s Coast – By John Toth
On July 19th,
I attended a meeting hosted by the Bureau of Energy Management
(BOEM) a federal agency that would regulate the placement of
windmills of our coast. Governor Murphy wants to have these
windmills in place by 2030 to generate 3,500 Megawatts of power to
diminish our dependence of fossil fuels. BOEM presented a number of
charts to show possible placement of these windmills. They would be
positioned 17 miles off our shores. In attendance were commercial as
well as recreational anglers and developers who would build the
windmills. While on the surface the purpose of weaning off fossil
fuels and increasing our source of electrical power sounds well and
good, there are a number of problems associated with it. Some
comments voiced:
Commercial
fishermen
– the windmills
would be placed on prime fishing areas and that would put scallop
and clammers out of business. BOEM response was that possible
funding would be in place to compensate them. Also, windmills would
be positioned close together and commercial anglers want them to
have at least two miles between them so that they could drag between
them. BOEM would not give any commitment to his request. When asked
if BOEM would at least place the two miles specification in bid
documents for windmill developers, BOEM responded negatively and
commercial fishermen were livid over this.
Recreational
anglers
–
we asked if we would be able to fish by the windmills and we seem to
receive a positive reply. I am not totally convinced of this. This
is a very big and expensive project and I think that the developers
of these windmills would want these windmills to be very secure and
not have strange fishing boats floating around them.
Those European countries that
have windmills, with the exception of Britain ban anglers from
fishing by them.
Also, I indicated that
several years ago there was a big brouhaha over seismic testing
being done by only one boat. Clean Ocean Action led the protest
against it since the noise created by this boat was very harmful to
sea life, especially migratory fish like whales. I asked if one boat
making loud noises caused so many problems for sea life, how much
more noise would be created by pile driving for these windmills that
may reach heights over 300 feet (the windmills proposed for the New
York region will be 650 feet). The BOEM representative indicated
that this is a big issue and they would try to mitigate the noise
issue someway. I also asked the BOEM representative how many
windmills do they thing will be deployed and he indicated that he
did not know.
There is
certainly more to come on this windmill development and I will keep
you all updated as it moves along.
Fishing Management Issues – By John Toth
It
seems to me that challenges to our recreational fishing rights never
end with regulations that make no sense like sea bass stocks up 230%
yet we can only catch 2 sea bass from July 1st to August
31st. Now, the Atlantic States Fishery Commission (ASMFC)
and the Mid-Atlantic Marine Fisheries Council (MAMFC) are
considering transferring more of our recreational bluefish quota to
commercial anglers! On June 28th, I attended a meeting
held in the Toms River’s Public Administration Building by the ASMFC
and the MAMFC to hear public comment on this proposed transfer. I
read the following testimony to stop this increased transfer. I
wrote this letter on our club letterhead and presented it on behalf
of our club and the JCAA, NJOA and the NJ Federation of Sportsmen’s
Club.
The ASMFC and that MAMFC are holding similar public comment meetings with other coastal states and during the spring of 2019 there will be another meeting held by them to present their preferred options for this transfer. Most of the comments at this meeting favored keeping the status quo.
The Salt Water Anglers of Bergen County have
the following comments to offer on your Bluefish
Management Plan (BMP) and its proposed Bluefish
Allocation Amendment. We are totally against
transferring an increased amount of our recreational
quota of bluefish to the commercial sector.
1. Why do this now? Does a benchmark stock
assessment of bluefish support this increased
transfer? What if this assessment indicates
that recreational anglers have exceeded their
bluefish quota? If that becomes the case, then our
recreational quota could be significantly reduced
and resulting in a shortened season and even a
closed season for recreational anglers to catch
fish.
2. Because of efforts to conserve this fishery,
we have not overfished our bluefish quota. We
want to rebuild the stocks of bluefish and not
reduce it! What do we get for our efforts to
stay within our quota – we have to transfer some of
it to the commercial sector. This is not fair and it
definitely supports our impression that commercial
fishermen receive better treatment from your
management than recreational anglers.
3. Historically, the split for bluefish has been
83% for recreational anglers and 17% commercial.
This has worked for many years and now we are
contemplating changing it. What is going to be now?
Will it get to 60% for recreational and 40 %
commercial? What about the following years? An even
split of 50/50 %? We have experienced confusing
seasons for our fisheries and sea bass is a prime
example. So, with changing allocations of the
bluefish fishery between the two groups, we may end
up with confusing fishing seasons for bluefish just
like sea bass in the future.
4. The recreational fishing industry is dying a
slow death in New Jersey with many charter/party
boats going out of business, including marinas.
Closed seasons and restricted seasons for sea bass,
blackfish, and fluke mean anglers are taking less
fish home and sometimes nothing. Why should anglers
pay to go on party/charter boats under these
circumstances? We have heard this from captains and
an overwhelming number of recreational anglers! Now,
we are hearing that we should transfer more of our
bluefish quota to commercial anglers! How much more
punishment should we receive! Bluefish helps us get
through those periods when fishing gets tough for
fluke and other species. But, that safety valve can
be taken away with this new allocation. What’s next
– you can catch only five or 3 bluefish instead of
15.
An article in the June 5th edition of the
“Record” points out that there have been fewer party
and charter boat trips since 2016. Recreational
fishing remains an economic engine for New Jersey
that supports 20,000 jobs and contributes $1.5
billion to New Jersey’s economy. The
Bluefish Allocation in question will contribute to
the slow death of New Jersey’s recreational
community.
Thank you for this opportunity to express our
comments on this Bluefish plan.
John Toth, President
Vice President, Jersey Coast Anglers Association
Fishing Management Issues - Sand Mining-by John Toth
Background - Super Storm Sandy damaged/destroyed so much of our beaches and now coastal communities want sand to bring their beaches back to what they were pre-Sandy. Beach replenishment has been an ongoing process when storms periodically hit our beaches, but the beaches now need a lot of it because of Sandy. The Manasquan Inlet to Barnegat Inlet Coastal Storm Reduction Project calls for beach fill construction along the oceanfront between Point Pleasant Beach, and the northern boundary of Island Beach State Park. This project calls for using sand from offshore sources for 50 years! Project cost - $513.9 million!
Where to Get the Sand Needed for
this huge project? - The Army Corps of Engineers (Corps)
has its present focus on the Manasquan Ridge which
was formed perhaps hundreds/thousands of years ago (the last Ice
Age?). This ridge is the home of numerous sand eels and other
species that attract all types of fish that is targeted by both
recreational and commercial fishing. In 2014, commercial fishermen
netted $4.8 million worth of summer flounder on the wholesale market
according to NOAA. The Manasquan Ridge is huge, about 1,700 acres or
1,500 football fields, and it has underwater sand hills that rise
about 20 feet off the bottom. There are also a few shipwrecks and
rock ledges on it. The Corps maintains that there are not many
economically viable land sources of sand for the large quantities
needed for these replenishment projects. This ridge's sand is also
the right texture for the Corp's use. It has 38.6 million cubic
yards of suitable beach fill material. The Corps would like to take
sand from this ridge (and others) since it is a big pile of sand and
makes their job easier to pick up this sand and the cost to do it
less than looking for it elsewhere. Not all of the ocean floor has
sand on it.
Conflict - Fishermen have been weary with
the Corps over this ridge and others nearby, which they depend upon
to hold fish. They are still bitter over the Corps use of
nearly half of the Harvey Cedar Lump for the Long Beach
Island to Little Egg Harbor Inlet beach replenishment project. The
coastal communities want this sand to restore their beaches,
especially for the tourism industry. The Corps does not unilaterally
act on its own to remove this sand, but acts on the direction
provided by our NJ Department of Environmental Protection in concert
with federal agencies like the Bureau of Ocean Energy Management
(BOEM) since this ridge is in federal waters. The NJ DEP has given
its approval for this project that may begin as early as next year.
At this point, BOEM has not and it is waiting for the NJ DEP to
submit a formal application to do so.
What's Next? - In an effort to come up with
some type of resolution to this conflict, a meeting was held in
Trenton on July 28th with the Director of the NJ DEP, Bob Martin,
and his staff. Representing commercial anglers was Jim Lovgren and
Scot Mackey from the Garden State Seafood Association. Ken Warchal
represented the Jersey Coast Anglers Association (JCAA). I
represented the New Jersey Outdoor Alliance (NJOA) since I am its
president and our club is also a member of NJOA. The above issues
were discussed and the following is a quick snapshot of the major
points that were raised:
While it was not the intention of the NJ DEP to disrupt
productive fishing areas, the fishing community should have been
invited to review the DEP’s plans for sand removal before it began.
Options other than taking sand from the Manasquan Ridge and
others like it included - taking sand from areas where it is has
been concentrating due to the normal washing away from the beaches
(in the Wildwood area or other locations like it) or even from areas
close to beaches that have unusual buildup from sand that washes
away from the nearby shores - taking it from one of the ridges that
is not that productive for fishing (lesser of two evils) - and
taking sand that has been dredged from inlets and then usually
dumped not far away them.
The Corps will not stop doing beach replenishment due to
the existing contracts that it has with the DEP. However, the NJ DEP
staff will do a comprehensive review of alternate locations that
sand can be taken from to lessen their impacts on our prime fishing
areas. When this review is completed, the NJ DEP will invite us to
another meeting to review their findings.
This meeting was constructive in that solutions were being offered
to mitigate the problems created by beach replenishment. I will keep
you updated as this sand mining issue unfolds.
Public Access Update - by John Toth
Background - Senator Smith is
working on a bill (S-919) that will incorporate language to provide
better and definitive rules for the New Jersey Department of
Environmental Protection (DEP) to manage public access to our
beaches, parks, waterways and other facilities. Senator Smith wanted
input from various stakeholders on what they wanted to include in
this bill. Four separate meetings were held in Trenton with various
stakeholders during Spring 2016 to develop language that he could
use for his bill. These stakeholders included environmental,
business and industry, municipalities, fishing organizations, NJ
Chamber of Commerce, etc. Given the diverse background of these
stakeholders, Senator Smith charged this task force to develop a
list of what they agreed upon and what they disagreed upon and then
give it to him for his review. I attended these meetings
representing the JCAA and the New Jersey Outdoor Alliance (NJOA).
These meetings at times became contentious with some stakeholders
demanding almost unlimited access and others wanting limited to
almost no access to our state's facilities.
Conflict - In addition to the differences of
opinions with the stakeholders at these meetings, the DEP sees
Senator Smith's draft version of his bill as very problematic having
a number of legal issues. For example, according to DEP's legal
representative, Ray Cantor, this bill as currently written would
allow anglers to traverse private properties to gain access to
beaches and that would generate a lot of lawsuits.
Public Comment - Senator Smith held a
meeting in the Municipal Building in Toms River on August 18th to
receive public comment on his proposed bill. (His bill has not been
brought in the Senate or Assembly for a vote and it is still in
draft form). At this public comment meeting, a number of people
expressed comments such as: NJ Builders - bill does not respect
constitutional rights of property owners, NJ Chamber of Commerce -
wants more clarity in the bill and specificity on homeland security
issues, Marine Trades Associations/marinas - does not want public
access for security reasons. Ray Cantor testified at length on the
legal problems that the DEP sees are inherent in this bill. Senator
Smith, irritated at the length of his testimony, instructed him stop
his testimony and to place all of DEP's problems/legal issues with
his bill in writing and forward it to him.
Next Step - Senator Smith, after receiving
this public input and others like it, may make changes to his bill
and then schedule it for a public hearing in Trenton at a future
date in his position as Chairman of the Senate and Environmental
Committee. Date unknown at the time of this writing.
My Take of All of This - New Jersey is the
most densely populated state in our country and there are so many
competing interests in providing access to our beaches and other
facilities. Take any New Jersey beach and there is limited space for
parking purposes with so many people who want to park there,
especially in the summer on any given date. In addition to this and
other issues, many municipalities are not welcoming hosts to anglers
who want to surf fish. At one of the four hearings I attended, I
heard one municipal person, (name and town I do not wish to
identify) say something to the effect " When the Sandy Hook
Recreational Park closes because of capacity, all those beach goers
come down to my town looking to be on OUR beach and that makes life
miserable for us". In the way she said it, I visualized that these
beach goers are like raiding Huns, Vikings, Visigoths or other
tribes riding on horses with the purpose of pillaging and rape!
On one side, you have business/industry municipalities/marinas
wanting limited to no access, and the other side
environmental/fishing organizations wanting improved access or
totally unimpeded access. While the Public Trust Document says that
our citizens have a right to public access to our beaches and other
facilities, the reality is that this is a very complicated issue and
achieving compromise within the various groups trying to reach
resolution on it seems very problematic to me. I think that it is
going to take some time to iron out all of these differences and
that there will be more meetings/hearings to arrive at a bill that
reflects the access we are entitled to according to the Public Trust
Document.
I have tried to give you just a quick snapshot of what is going on
with public access and doing more would more than fill up this
entire newsletter. As this public access issue moves forward, I will
keep you updated on its progress.
Fishing Management Issues - By John Toth
Report on Making Sandy Hook Bay a Natural Marine Sanctuary
On behalf of the Jersey Coast Anglers Association(JCAA) and the New
Jersey Outdoor Alliance (NJOA), and our club, I attended a
presentation given by Mr. Rik van Hemmen who is proposing to
implement a Sandy Hook Bay Natural Marine Sanctuary. It would
stretch roughly from Sandy Hook to the Earle Naval pier and to parts
of the Navesink and the Schrewsbury rivers. This presentation was
given at the Red Bank library at 7:00 p.m. on March 16th and it was
attended by approximately 200-250 angry recreational anglers,
commercial fishermen, oyster harvesters, clammers, and waterfowlers.
Only about 60 could fit in the conference room and the rest waited
outside the library. This turnout was due to the threat that this
sanctuary would have on one of our most productive fishing grounds
for both recreational and commercial anglers.
Mr. Hemmen started his presentation by showing us a bunch of
pictures of this area with boats and birds, but nothing concrete
about WHY it should be a sanctuary. He did not stress any positive
results we would expect to receive by having this sanctuary. He
seems to love the area in question, but is oblivious to the
repercussions that would result by having a sanctuary. In fact, Mr.
Dan Ferrigno, a former and retired staff member of our NJ DEP with
30 years of experience, remarked that the sanctuaries we now have
around our country (about 5 of them) all end up with tough
restrictions on fishing, boating, jet skis and diminish the
enjoyment people should receive by having them. Others in the
audience voiced over and over again that this sanctuary status would
lead to more fishing restrictions and that we do not need more
regulations! Hemmen responded that he is not trying to impose these
regulations, but he seemed oblivious to this major concern voiced by
the audience.
One person told him that he lives by the affected area and that the
waters are cleaner than they have ever been and have more fish and
that he did not see a need for this sanctuary, but Hemmen just blew
off this remark. Building on this no need for a sanctuary, I
remarked that "you obviously love the sanctuary concept to keep
things the way they are for you, but YOU HAVE NOT MADE A CASE WHY WE
SHOULD HAVE IT! He responded that "we will have more fish"! One
person yelled out "do you have the data to prove it" and he said
that he did not! His answer to me like the one he made earlier about
a trash problem seems to be made up as he goes along with his
presentation since he has no real answers to the important questions
raised about his sanctuary proposal.
My take on this sanctuary issue is that Hemmen does not understand
the negative implications that a sanctuary has, but worse is that he
is not accepting the comments that were mostly made by anglers in
the room. The danger I see is that in spite of what was conveyed to
him about restrictions, he will still go forward with this sanctuary
and, of course, like- minded organizations may back him and this can
gain traction to move it further.
For this sanctuary to go to higher levels in our federal government
it has to be first approved by our state government and that is our
best hope to stop it. I will carefully track the sanctuary issue and
keep you updated. We all need to stay on top of this important issue
and all be united against it!
Support for Public Access to NJ Beaches and Waterways
We are lose our rights to access waterways?
Summer over but not beach access rules.
Rule change hi light:
·
It
takes effect Nov. 5,
·
individual towns to develop their own plans
·
change to access points every half mile. Under the old rules, it was
every quarter mile
·
Towns can close existing access points
·
Access can be even an area where there is inadequate parking or lack
of access to public restrooms
LONG BEACH TOWNSHIP, N.J. (CBSNewYork/AP)
— New Jerseyans have to put up with taxes, tolls, toxic waste and,
occasionally, Snooki. So an occasional trip to the beach is all that
keeps some folks here sane.
Now officials in the nation’s most densely populated state are
rewriting
public beach access rules that could make it easier for
well-to-do towns to keep out-of-towners off their beaches — and a
sandstorm is brewing.
The state says it had to act and give more local control over
access after a court decision struck down more stringent rules that
spelled out uniform standards for each shore town. The state feels
it can accomplish more by working with shore towns and giving them
flexibility rather than dictating a “one-size-fits-all” access
policy to them.
But many beachgoers fear the new rules, if adopted, would reward
the very people who have made it so hard for outsiders to reach the
beach for decades.
Joe Woerner, an official with the Jersey Shore Surfrider
Foundation, said he was handcuffed as a teenager 20 years ago as he
came out of the ocean with his surfboard. He was taken to a police
holding cell in Sea Girt. Crossing a hundred yards or so of sand
without a beach badge.
“I was a 15-year-old boy arrested for using the ocean,” he said.
“These are the kind of people who will be making our rules.”
http://www.hudsonriverwaterfront.org/oldsite/about.htm
Open-to-the-public-Could-Hudson-County-residents-lose-waterfront-access
current news/opinions/waterways
http://www.stripersonline.com/t/830178/latest-news-on-pots-off-the-reefs
http://www.onthewater.com/nj-pots-off-reef-bill/
Pots Off The Reef Update
– By John Toth
We have been trying to get the pots (traps) off the artificial reefs
for almost seven (7) years by writing letters, contacting
legislators, signing petitions and even demonstrating in front of
Senator Van Drew and Assemblyman Albano’s office in Cape May on
three weekends since they are responsible for holding up progress in
getting the traps removed from the reefs. Our legislators are tired
of this issue not being resolved and NJ’s DEP Commissioner Robert
Martin, after meeting with representatives of the NJ Outdoor
Alliance (NJOA), has offered a compromise solution to this issue. In
a letter to Anthony Mauro, Chairman of the NJOA he proposed a number
of agreements that include but are not limited to:
·Traps
and fixed gear will be permitted at the two inshore reefs (Axel
Carlson- (ACR) & Sandy Hook- SHR). The fixed gear areas will only
permitted to not exceed 15% of the total existing size of the two
reefs.
·A
New Reef will be constructed, in the vicinity of the Manasquan and
Shark River inlets, equal to or greater in area than the permitted
zones of the two reefs – ACR & SHR).
·The
new agreement may restore the reef program to satisfy the US Fish &
Wildlife Service for the continuance of the reef program that was
suspended due to the commercial dominance over these two reefs.
·There
are a series of penalties if the commercial trappers do not follow
established guidelines concerning the reefs leading to the
suspension of their license to fish on these reefs.
·The
NJ DEP will petition the MAMFC for Special Management Zone (SMZ) for
the thirteen artificial reefs in federal waters that effectively ban
commercial anglers from using them. There are two artificial reefs
in NJ’s waters (ACR & SHR) and thirteen (13) in federal waters.
·There
are downsides to this proposal that include commercial anglers not
agreeing to the restrictions on them using only specific areas of
the reefs, the enforcement affecting them and they likely will
object to our receiving a new reef because it will interfere with
their dragging operations.
There are many more points covered in this agreement and it would take more than one page to list all of the issues covered in it. I just wanted to highlight a few of the major points covered in this agreement. The issue is should we agree with this proposal or stick with our position that all of the pots should be removed from the reefs? While I would like to have all of the pots removed, I wrote down all of the positive and negative points of this agreement (which is a good way to make a decision on any complex issue) and I presented these points to our members that this agreement should be pursued since the positive points outweigh the negative ones. A vote was taken by club members belonging to the NJOA and the majority of the clubs voted to pursue the compromise agreement offered by Commissioner Martin. This was not a unanimous vote with the JCAA voting against it and the NJ Federation of Sportsmen’s Clubs voting for it. There is pressure on the NJ DEP to come up with some type of compromise solution since the NJ DEP has to balance both the interests of the recreational and commercial anglers. This issue will not be determined overnight. It has to be reviewed by the Federal DEP Commissioner (John Organ) to determine if the compromise proposal from Commissioner Martin meets federal guidelines concerning commercial usage of the reefs. The entire issue will require back and forth discussion with the parties involved. The terms of this agreement may change and even more discussions will be needed to come up with agreement that can be pursued. I will keep you all informed of its outcome. We all have expended a lot of time and energy on this issue and, hopefully, we will see an outcome we can be satisfied with.
SALTWATER FISHING FREE FOREVER
saltwater-fishing-free-forever
New York Saltwater Fishing License Experience – By John Toth
When I
was president of our club during the
mid1980’s, there was
serious talk about instituting a saltwater fishing license and I was
even interviewed by a reporter at that time from the Bergen Record
about my thoughts of this issue. I told her that
I was against it, but she
erroneously reported in that paper that I was
for it. Consequently, I
took a lot of heat over this erroneous reporting from many sources,
including our members.
Fast-forward to today and that debate about the saltwater fishing
license is still alive.
However, a saltwater fishing license was instituted in New York a
few years ago by anglers who were first enthusiastic about it and
thought that the license would reap huge benefits for anglers.
Instead of using the funds from the license to construct more
piers, ramps etc., for anglers, it did not take too long for New
York’s politicians to look at this golden egg of revenue.
They got their greedy hands on it and used this revenue to
apply to their general funds, most likely to plug some revenue
shortfall or gimmick.
Consequently, NY anglers would get
NO benefit from this
license and they could look forward to paying more license fees or
perhaps even a special license to catch blues like freshwater stamps
to fish for different species.
New York anglers
angered by this turn of events got
legislation recently passed
to eliminate NY’s saltwater fishing license during March of this
year
Support for Public Access to NJ Beaches and Waterways
Will we lose our rights to access waterways?
Reported in 2011 BY BILL SHEEHAN The Record
Captain Bill Sheehan is Riverkeeper and executive director of
Riverkeeper Inc.
To put it plainly, the New Waterfront Public Access Rules (“New
Rules”) that were published by the Christie Administration April 4,
2011 will vastly reduce the ability of the citizens of New Jersey to
avail themselves of the State’s beaches, shorefronts and riverwalks.
Under the proposed New Rules, determination of the beachfront
permitted for use by the general public will be determined, not by
federal standards adopted by the state in 1973 but ultimately by the
local shore municipalities. The NJ Department of Environmental
Protection, the agency empowered to protect the access rights of the
general public, will lose its ability to oppose those local
decisions. Over the years there have been numerous attempts by
various shore communities to bar the general public from their
beaches. These New Rules will allow them to diminish public access
as much as possible with little or no hope of being able to
effectively challenge or overturn court decisions that favor local
municipalities. The Christie Administration is saying to them, "Go
to it."
Even more importantly, the New Rules strip away the term “public
trust” from every section of the present rules that refers to public
usage. The reason for such a drastic move is that almost every court
case brought in an attempt to override public access has been
defeated because judges have consistently upheld the Public Trust
Doctrine (“Doctrine”). This principle is based on a centuries-old
Roman law, which requires the government to provide the public with
use of the waterfront. It has appeared in NJ legal decisions from
1821 (Arnold vs. Mundy) to 2005 (Raleigh Ave. Beach Association vs.
Atlantis Beach Club). The Doctrine has been a powerful tool in
preserving the concept of public usage. Now, however, that these
critical words “public trust” are removed from the New Rules, it
will make it easier for courts to rule against the public interest
and in favor of local municipalities. Altogether, the Christie
Administration wants to reduce the power of the Doctrine as well as
diminish the right of citizens to the access long guaranteed to
their waterfront.
Lastly, there is a popular saying about a baby and bath water, which
means destroying everything for one less important cause. That is
what the New Rules do. They are too sweeping in scope and
unnecessarily destructive. There are other ways to change existing
and long-standing rules. Rather than governing with a hammer why not
try building something together. These New Rules do not do that and
need to be withdrawn.
Hudson River Waterfront Conservancy of NJ, Inc.
http://www.hudsonriverwaterfront.org/oldsite/about.htm
Open-to-the-public-Could-Hudson-County-residents-lose-waterfront-access
Report On NJ Angling, Hunting & Conservation Caucus
By John Toth
Our legislators have established a New Jersey
Angling, Hunting and Conservation Caucus to hear firsthand the input
of anglers and hunters about the issues that are important to them.
This caucus enables our legislators to help them understand
these issues and ask questions about them so that they can possibly
draft legislation or take action to improve fishing and hunting in
New Jersey. On June 6th,
a caucus was held in NJ’s State House Annex.
The first order of business was to introduce legislators to
the meeting’s attendees and they included:
Senate Democratic Chair, Donald D. Norcross, and Senators
James W. Holzapfel and Christopher Bateman..
On the Assembly side, Alison Little McHose, Assembly
Republican Chair, John J. Burzichelli, Assembly Democratic Chair and
Caroline Casagrande.
The
Issue: Member clubs of the New Jersey’s Outdoor Alliance (NJOA)
and other fishing associations have identified the
lack of funding for the
Bureau of Marine Fisheries and its shrinking number of staff as a
major problem making this Bureau increasingly unable to effectively
manage our state’s fisheries despite its important multi-billion
dollar industry for our state.
Without additional funding, New Jersey will also lose its
competitive edge to other states that are well funded and staffed
and they are always seeking to take more of our state’s fishing
quotas from us. This
issue was requested to be on the agenda of the caucus by NJOA’s
Legislative Liaison, Tom Connors, and this issue was the main focus
for this caucus.
The second speaker was
David Chanda, Director, NJ
Division of Fish & Wildlife who told legislators of the
increasing challenges he faces in trying to do more with less staff
in managing our state’s fisheries.
His staff has to respond to the fishing management plans
required by our federal management officials and he does
not have enough staff to
adequately respond to them.
For example, in the case of blackfish (tautog) his staff
could not do the necessary research to support the position that our
state’s stock of blackfish was healthy enough and did not need any
reduction to its quota.
Consequently, our state had to have its blackfish season reduced
even though this action was most likely unnecessary.
This same example applies to river herring, sharks and winter
flounder. The Bureau of
Marine Fisheries has to respond to almost 20 federal management
plans that require staff and time to do the stock assessments and
technical research necessary to adequately respond to them.
Staff members who retire are not replaced.
We could possibly have better fishing in our state with
possibly increased quotas for winter flounder or blackfish, but our
Bureau of Marine Fisheries does not have the funding or staff to
help us reach this goal.
The Bureau of Marine Fisheries receives
$900,000 from state appropriations and with license fees and other
sources of revenues it has a current budget of $4.1 million.
In contrast to New Jersey, other states like New Hampshire or
Massachusetts have budgets in the $20 million range and even have
twice the number of staff in comparison to our Bureau staff.
The third speaker was Chris Zeman, member of
the Mid-Atlantic Fishery management Council, who made the very
eloquent but pointed remark
“lack of data means less fish”.
Chris indicated that our state needs better technical data to
defend its stock assessment of its fisheries and our Bureau of
Marine Fisheries does not have the resources to do it.
He told our legislators that each state is going after our
quota for each fishery and it is a tough fight to defend our fishing
quotas allocated by the federal management.
Chris represents our state in this constant battle with other
states that have better funding and staff to define the status of
their fisheries and to make a case to federal management officials
that they should have some of our fishing quotas.
Data is necessary to defend what quotas we have and our state
is having an increasing problem in handling this issue.
Chris said that our river herring season might have been
unnecessarily closed recently because we did not have the necessary
data to indicate to federal management that it should stay open.
Chris asked for an additional $ 1.2 million of state funding for the
Bureau with more funding over the years to follow.
Jersey Coast Anglers Association’s Legislative
Chairman, Tom Fote, made the important point to legislators that in
the 1980’s, the Bureau of Marine Fisheries had a budget of $3
million dollars. It should at least be funded to a level of up to $5
or $6 million to start with and increased each year thereafter.
We all know that our state has budget problems, but this is
an important economic industry for our state and its importance
should not be diminished due to the lack of funding by only several
millions of dollars when it generates so much revenue for our state.
He also pointed out that our Marine Fisheries is not
attending important technical committees that help to determine
fishing stocks and other related matters due to lack of staff.
We need to be involved in these technical committees to keep
abreast of the latest fishing issues or we will not be able to shape
or respond to them due to our lack of participation.
The last speaker was Ed Markowski, President of
NJOA’s Outdoor Alliance Projects, who made brief remarks about
upcoming hunting legislation.
Ed commented that New Jersey’s hunting associations are very
mad about the proposal to replace firearms identification cards with
a driver’s license endorsement and it should not even be considered.
Assemblywoman McHose pointed out to the
legislators present that the
Division of Fish & Wildlife is the only branch of NJ’s government
that has to pay rent to the state for its facilities and for the
benefits of its staff.
The legislators thanked all of us who attended
this hearing and to the NJOA for organizing it.
They also indicated that they will use the information
generated from this caucus in determining the next budget for the
Bureau of Marine Fisheries.