[njdiver]

“The proposal, currently in a public comment period, was announced last week by the state Department of Environmental Protection as a “compromise” in a longstanding battle between recreational and commercial fishermen over gear conflicts on the state’s reef system.”

It is a proposed regulation; the “proposal”/“compromise” was first discussed at meetings held at the New Jersey Department of Environmental Protection back in January of 2013. The proposed regulation was introduced at a meeting of the New Jersey Marine Fisheries Council (NJMFC) Artificial Reef Committee on February 7, 2014. It was accepted by the NJMFC at their January 8, 2015 public meeting by unanimous vote and subsequently came out in the New Jersey Register on February 2, 2015.

“But Marty Buzas, a Cape May fisherman, said there is no compromise — as all the concessions would be made by the commercial sector.
“These artificial reefs are no different than a park bench donated by the Kiwanis Club. They were put there for everybody,” said Buzas. “They’re telling us to get out of there, but we’re staying. That’s the compromise?”’

And yet at a New Jersey Senate Environment and Energy Committee hearing on legislation to completely ban all fixed gear from our reefs in State waters back on Thursday, February 21, 2008, Mr. Jeff Reichle (Lund's Fisheries, President Garden State Seafood Association, GSSA) when asked by Senator Robert Smith:

“What do you believe to be your financial contribution to the artificial reef program?”

He answered:

“Yes Mr. Chairman, it’s a fact that commercial fishermen don’t write checks to the reef program. That’s absolutely the truth.”

So I ask where the compromise by the commercial side is. They have “proved” historical fishing on these areas of the two State’s waters reefs so the recreational side has compromised and allowed them their continued use of them without any contribution to the upkeep of those areas. And although they have sold some of their derelict ships to the program, they were not only compensated for them, they were paid to clean them before sinking.

“The proposal is expected to free up $250,000 in annual funding for the reefs from U.S. Fish and Wildlife Service. New Jersey used to get the money every year, but it has been withheld in recent years because of the reef battle. The state plans to petition the Wildlife Service to restore the funding.”

The money has not been “withheld”. The New Jersey Marine Fisheries Bureau has not been permitted to use Dingell-Johnson Sport Fish Restoration (SFR) funds for our Reef Program since April 12, 2011. This was a result of no action being accomplished by either the New Jersey Administration or Legislature since they were warned of being out of compliance with SFR Act years before.

“This compromise will address the needs of commercial fishermen and recreational anglers, and will result in restoration of federal funding that is vital to the development of artificial reefs that provide tremendous commercial and recreational benefits,” DEP Commissioner Bob Martin said.”

This is wishful thinking on the Commissioner’s part. This has taken so long, the gentleman that held the position of Chief, Division of Wildlife and Sport fish Restoration, who issued the letter terminating of our use of SFR funds on our Artificial Reef Program, has since retired. Hopefully someone has forwarded a copy of this Proposed Rule to his replacement for consideration.

“The plan limits lobster, fish and conch pots to sections of the reefs totaling just less than one acre. Anglers will have hook-and-line access to the entire reef area. It also limits potting to daylight hours.”

Please get your measurements and details correct. “The total combined area of the proposed full access zones within both reefs where commercial and recreational potters can set their gear is 0.91 square miles.” “Under the proposed amendments and new rule, commercial and recreational potters setting and tending gear within the full access zones may only do so between sunrise and sunset and must call the Marine Law Enforcement Unit two hours prior to doing so to provide information used by law enforcement to ensure that potters are complying with the rules.” Their pots will be there 24/7 with the exception of the new closed season for lobsters.

“The reefs, according to the state, draw about 50 commercial pot fishermen who catch lobster, black sea bass, tog and other fish on them.”

That is the number of permit holders, not the number of commercial fishermen fishing the reefs.

“But the reefs are more important to the recreational sector, which has contributed much of the funding to build them through donations and taxes on recreational fishing gear and motor boat fuel.”

I refer you to my earlier quote of the Senate Hearing. The only monies not from donations and the SFR were startup funds back in 1984 from a settlement over fish kills by the Lacey Nuclear Plant.

"The state’s reef plan created in 1987 made it clear the reefs could be used by both groups, but a 2005 update said the intent of the reefs is for hook-and-line fishing.”

The 1987 plan was never ratified. It was a working document that was updated and ratified in 2005.

“There have been attempts at compromise. In 2007, the state proposed allowing only commercial uses for six months of the year. The commercial industry offered to use different gear to create fewer snags.”

The proposal from the NJDEP was introduced by the Chairman of the NJMFC Artificial Reef Committee at their September 6, 2007 meeting, but was overtaken and gutted by a hostile amendment from a commercial Member recommended by GSSA. There is federal regulation of the type of line the potters must use that took effect in October 2007. There was even a program, Groundline/Exchange Conversion Plan 2009, with $ 3,000,000,000.00 to give them financial assistance to change over.