[Angler Paul]

I know that the NJOA favors the compromise and believe that the RFA and Garden State Seafood also support it. However, the JCAA has always voted for no compromise so that is our current stance. The matter will discussed at our general membership meeting tomorrow night but I do not expect our posiotion to change. Below is Tom's Fote's artcicle from the JCAA April newsletter which explains why we mosly likely continue to be opposed to any compromise.

Paul Haertel
2nd VP JCAa

Pots Off the Reefs: No Compromise! by Tom Fote

I am asking all the member clubs of JCAA to say no to the compromise proposed by DEP. That compromise does not eliminate pots from all of New Jersey’s artificial reefs. It sets a bad precedent for our hope to remove all pots from the federal reefs as well. JCAA is always committed to fighting battles for the long term and to look at the future of fishing for our children, not just ourselves. We should not give away our children’s legacies just because we are tired of the fight. I have been dealing with legislation and regulation for 35 years and my recommendation is that JCAA does not change our existing vote and continue to support the removal of all pots from New Jersey’s 15 artificial reefs. Please read the information below for a brief history. I hope this will help you understand why I am not supporting this compromise.

It has been an interesting two months in the continuing battle to remove all pots off the artificial reefs in New Jersey. There was great news from the Mid-Atlantic Fisheries Management Council when the Council moved forward to set up special management zones (SMZ) in federal waters for Delaware’s artificial reefs. After 18 months of discussion, the Council sent its recommendation to the Northeast Regional Director, John Bullock, recommending that these special management zones should be set up and exclude fish pots from Delaware’s artificial reefs in federal waters. The Council determined these reefs should be for hook and line and spear fishing. As an example, the Council cited that Delaware had already taken this step in state waters and this was a progression of the existing management for artificial reefs. I discussed this with the Northeast Regional Director and he commented that the reefs were built with recreational money and there should be no pots. After my conversation with him, I was confident that he would approve the Mid-Atlantic Fisheries Management Council and order pots off Delaware’s reefs in federal waters.

As you all know, New Jersey’s recreational anglers have been pushing for the same action for our artificial reefs from both the state and federal government. Seven years ago, JCAA was asked to join a coalition under the banner of Reef Rescue to get the pots off New Jersey’s reefs. Under this umbrella there were many recreational groups in attendance at the first meetings. I represented JCAA and stated our position. JCAA was clear that this new organization must commit to no compromise on removing all pots from the reefs and stay the course for the long haul. JCAA had experience with long term projects such as making striped bass a game fish and removing the menhaden reduction boats from state waters. In both situations other partners in the coalitions had changed their stand in favor of commercial fishermen. From the beginning, JCAA was clear that we would not commit our energy and time if this new organization could not commit to the many years it would take to resolve this issue in our favor. We were assured by Reef Rescue and its members that everyone was committed to the long haul. After the first year, the Recreational Fishing Alliance decided to work more with the commercial fishermen to find a solution that would allow the commercial fishermen to continue to put pots on portions of the artificial reef. They dropped out of Reef Rescue and the remaining organizations moved forward in this coalition to move all pots off the reefs.

After Reef Rescue was in existence for a period of time, the New Jersey Outdoor Alliance was formed. Eventually Reef Rescue, NJSFSC, NJ Dive Council and JCAA joined the NJOA and removing the pots from the reefs became a high priority for all organizations. Reef Rescue, JCAA, the Dive Association, and many other recreational groups worked tirelessly to develop the contacts in the NJ Legislature that would be necessary to pass a favorable bill. Under the direction of the Senate Presidents (Cody & Sweeney) the favorable bill was passed by the full Senate in 3 separate sessions, including almost unanimous passage in the current session. In these 3 sessions there has been overwhelming support in the NJ Assembly. A majority of the Assembly are cosponsors to a bill that would remove Pots Off the Reefs. However, the Speaker (first Roberts & now Oliver) has never posted this legislation for a vote. They have allowed Assemblyman Albano to hold this bill in his committee and never allow for a hearing.

Assemblyman Albano and Senator Van Drew introduced a bill that would allow fish pots on up to 19% of the 2 state reefs. At the hearing on this bill, JCAA, Reef Rescue, NJOA, NJSFSC and every recreational group that testified opposed this bill with the exception of the RFA that spoke in favor of the bill. The Albano bill moved through the Assembly committee but was never posted for a vote by Speaker Oliver at our request. NJOA and Reef Rescue organized demonstrations outside the offices of Assemblymen Albano and Senator Van Drew outside their Cape May offices to protest this committee vote. That is where we stand right now with the legislation. JCAA has continued to hope that during the upcoming election season there would be enough pressure in the Assembly to get the favorable Senate Bill posted for a vote. We hope the continued work of the coalition would result in a vote.

When we first started working on to get the pots off the reefs, we tried to resolve the problem by developing regulations that would need approval by the NJ Marine Fisheries Council. I spent much time at meetings to no avail. When the NJ Marine Fisheries Council Pot Committee recommended their suggested compromise, it went nowhere. The commercial fishermen on the Council recommended a substitute proposal that was more to their liking. JCAA had little hope that we would get a solution through the NJ Marine Fisheries Council, since recreational anglers representatives on the council are in a minority. We have had the same problems when trying to work on solutions for menhaden and striped bass because of the lopsided membership in the Council and JCAA had to do it through legislation. It took awhile for our colleagues, who had less experience with the NJ Marine Fisheries Council, to realize legislation was the only hope of a positive solution.

About a year ago, DEP Commissioner Bob Martin made another attempt at a regulatory solution. There were many different proposals suggested, some of which were supported by JCAA, Reef Rescue and NJOA. The Commissioner asked if we would support creating additional artificial reefs that would allow for the inclusion of fish pots. The coalition would have supported this compromise. Of course, this proposal was turned down since a segment of the commercial community (scallopers, draggers and gill netters) oppose all artificial reefs. This is one of the reasons they are working with the potters, to keep them on the existing reefs and not have to deal with additional barriers as they fish. At various times throughout this process, members of JCAA, NJOA and Reef Rescue have voted overwhelmingly to maintain the existing policy and consider no compromise that would leave any pots on the existing reefs. I was clear with Commissioner Martin that JCAA would not support any compromise that did not meet this criteria.