Pots off the Reef update from the RFA

[Fish The Drop Off]

Recreational Fishing Alliance (NJ)
Contact: Jim Hutchinson, Jr. / 888-564-6732
For Immediate Release
February 28, 2013
NJ GOVERNOR TO ACT ON "POTS OFF REEF"
RFA Praises Christie Administration For Regulatory Pledge

February 28, 2013 - The Recreational Fishing Alliance (RFA) says the issue with commercial traps littering New Jersey's artificial reefs may soon finally be addressed comprehensively by Governor Christie's office.

RFA executive director Jim Donofrio said that he and RFA-NJ members have had several productive meetings with both the Governor's staff and high-level members of the New Jersey Department of Environmental Protection (NJDEP), and feels strongly that the Christie Administration is serious about tackling the pots issue once and for all.

"Anglers and angler groups have been fighting hard for over six years to address the access issues at New Jersey's artificial reef complex because of fixed commercial gear along the structure, and I think we're finally seeing light at the end of the tunnel," said Donofrio.

Donofrio said the Governor's office appears to be in agreement with a 2012 legislative appeal by Assemblyman Nelson Albano, chairman of the New Jersey Assembly Agriculture and Natural Resources Committee, which would prohibit commercial fixed gear from over 95% of the deployed reef materials at New Jersey's two inshore artificial reef areas. Chairman Albano's legislation would also prohibit all fixed gear from the state reef system during the prime recreational fishing period from May 15 to October 1, while simultaneously directing the NJDEP to initiate a pot management plan for state officials to into account and monitor the actual number of fish pots presently deployed - and by whom - in New Jersey coastal waters.

"RFA is thankful that the Governor and his staff has worked with leadership from both sides of the aisle along with the NJDEP and the Commissioner's office, to solve the problem with reef access, and we're hopeful that that the final regulation will incorporate a pot management plan and also resolve the conflict with federal funding," said RFA managing director Jim Hutchinson in an NJDEP press release which was expected to be released this past fall. Regrettably, opposing political pressure in early October coupled with the devastating superstorm has thus far tabled release of the governor's proposed reef trapping regulation.

"This reef issue has become such a political football, again Governor Christie is proving to be a problem-solver who can bring all sides together for a winning effort," Hutchinson added.

RFA said that NJDEP Commission Bob Martin has personally stressed a need by his office to improve access for state anglers overall while also allowing for traditional fisheries in a small portion of bottom structure around the Axel Carlson and Sandy Hook reef sites, and has already drafted a regulatory fix for the Governor to consider. RFA said part of the ongoing conflict between commercial and recreational interests has to do with a small portion of natural structure located inside New Jersey's two state reefs where artificial reef materials have been deposited over the years. RFA is hopeful that the Christie plan will ultimately address the core issues pertaining to fixed commercial gear and the state's reef system.

"We support the effort by the Governor's office, providing that it allows the potting to continue only on the traditional areas that have minimally deployed materials as expressed by Chairman Albano in his legislation," said Capt. Adam Nowalsky, chairman of the RFA-NJ chapter. "Furthermore, the state's reef program must resume either by the allowed use of federal funding or by the state finding other means to fund the program." Nowalsky added that a key consideration from the Albano legislation that is vital for resource protection in New Jersey waters is a pot management plan through which NJDEP can properly account for the actual amount of fixed gear deployed in coastal waters.

Rather than continue to push through time-consuming legislative channels, RFA is hoping that a regulatory fix from the Governor himself with support from the NJDEP will ultimately put this overall access, funding and conservation issue to rest once and for all.

"RFA has never stopped working on this issue and have met with the Governor's staff several times to get their help in forcing new regulation," Donofrio said. "We're hopeful that the regulatory fix coming down from the Governor's office will not only address the access issues on the reefs but will also deal with the conservation issue in New Jersey in terms of what happens to that gear when it's get deployed along natural structure within state waters."

RFA said that once the angler access issue is addressed at New Jersey's two inshore reefs through a regulatory change, the state can then move forward with special management zone (SMZ) privilege through the Mid Atlantic Fishery Management Council on all of New Jersey's 13 reef sites, as has been recently done in Delaware through the Mid Atlantic Fishery Management Council. Donofrio said a comprehensive pot management plan will allow the NJDEP to deal with any displaced commercial effort from federal waters off Delaware into New Jersey's state waters.

RFA also remains hopeful that the Governor's plan will allow federal funding to once again be dedicated to New Jersey reef building and maintenance efforts. "The U.S. Fish and Wildlife Service said New Jersey could no longer use federal Sportfish Restoration funds on artificial reef work until this conflict was resolved which forced the NJDEP to apply that federal money somewhere else in the state's fish and wildlife initiatives," Donofrio said, adding "with Governor Christie being so dedicated to resolving the conflict and freeing up that funding for reef efforts moving forward, I'm confident that the federal funding issue will be fixed as well."

Click here for March 8, 2012 release - New Pots Off Reef Bill Moves in Assembly
(or visit www.joinrfa.org/Press/PotsOffReef_030812.pdf)




About Recreational Fishing Alliance
The Recreational Fishing Alliance is a national, grassroots political action organization representing recreational fishermen and the recreational fishing industry on marine fisheries issues. The RFA Mission is to safeguard the rights of saltwater anglers, protect marine, boat and tackle industry jobs, and ensure the long-term sustainability of our Nation's saltwater fisheries. For more information, call 888-JOIN-RFA or visit www.joinrfa.org.

[june181901]

Deo gratias.

[frugalfisherman]

I had every intention of voting for Christie in his re-election bid but I think I'll revise that. I'll vote for him only IF this legislation passes by election day.

[njdiver]

Solution to gear conflict inches forward

While the effort to remove commercial gear from New Jersey's artificial reefs has been moving at a glacial pace, at best, there are indications from the New Jersey DEP and Gov. Christies' office that momentum is picking up. What the solution will look like and when it will be implemented are questions that won't be answered anytime soon, but DEP Commissioner Bob Martin has indicated to a number of outdoor groups that he's anxious to get the situation resolved.

One key reason to get the problem rectified is that New Jersey has been denied federal funds for its artificial reef program since money for the reefs comes from the U.S Sport Fish Restoration Fund, which can only be used for recreational fishing. New Jersey was cut off from these funds nearly two years ago. Reef funding also comes from an excise tax imposed on the sale of recreational fishing tackle.

Legislation aimed at outlawing commercial gear on the reefs has passed in the New Jersey State Senate on several occasions only to be stymied in the Assembly. Peter Grimbilas, chairman of the Reef Rescue Fund, who has been fighting this battle in the legislature for the past six years, said the issue has really gained some traction in past three months or so.

The recent movement can be attributed to one simple word: compromise.

Because the reefs were funded and built for recreational use, a number of outdoor groups were solidly against the idea that any portions of the artificial reefs should be used for commercial fishing. Commercial interests argued that because sections of the reef were built on naturally occurring structure and these were historic fishing grounds in use for years, commercial fishermen should have access to them. A stalemate ensued.

During a conversation with Grimbilas in December, Commissioner Martin told him that nothing will be accomplished unless there is compromise. He asked Grimbilas and other members of the New Jersey Outdoor Alliance Conservation Foundation to come up with a list of conditions that would appease most of the members.

"We canvassed the members of the NJOA and asked them what will make you accept a compromise," said Grimbilas.

On that list were a number of stipulations, chief among them were that any regulation would satisfy U.S. Fish and Wildlife Service requirements for the restoration of federal funds and that the state would petition the Mid-Atlantic Fishery Management Council for SMZ designation for all of New Jersey's offshore reefs.

In addition, if commercial gear were to be allowed on a small segment (16 percent) of the state's two inshore reefs, the state would build a new reef equal to or greater in area that will be designated exclusively for recreational use.

In a letter dated Feb. 7 to Anthony Mauro, chairman of the NJOA, Commissioner Martin wrote "that as part of a proposed compromise between recreational and commercial fishing communities, the DEP will commit to establish commercial zones within each of the two in-state reefs, create a new state reef and petition the Mid-Atlantic Fishery Management Council (MAFMC) for Special Management Zone (SMZ) regulations for the existing 13 reefs in federal waters that essentially prohibit the use of pot gear."

"The 23 council members of the NJOA (CF), which include some of the largest salt water fishing organizations in New Jersey, are excited by the proposals because it would both eliminate gear conflicts --- and equitably represents the interests of the recreational angler," said Mauro

"This is a major movement by the DEP," said Grimbilas. "It's important to note that this is only a proposal at this time, and the NJOA (CF) is currently reviewing it. The NJOA (CF) has not announced any agreement, nor has the Christie Administration to our knowledge."

The Recreational Fishing Alliance (RFA) also reported movement on the effort to remove commercial gear from New Jersey's reefs while preserving the commercial sector's access to those reefs.

"Anglers and angler groups have been fighting hard for over six years to address the access issues at New Jersey's artificial reef complex and I think we're finally seeing light at the end of the tunnel," said Jim Donofrio, executive director of the RFA. .

Donofrio said the Governor's office appears to be in agreement with a 2012 legislative appeal by Assemblyman Nelson Albano, chairman of the New Jersey Assembly Agriculture and Natural Resources Committee, which would prohibit commercial fixed gear from over 95 percent of New Jersey's two inshore artificial reef areas.

Chairman Albano's legislation would also prohibit all fixed gear from the state reef system during the prime recreational fishing period from May 15 to Oct. 1, while simultaneously directing the NJDEP to initiate a pot management plan for state officials to account and monitor the actual number of fish pots presently deployed --- and by whom --- in New Jersey coastal waters.

"Whatever come out of the governor's office we'll embrace.," said Jim Hutchinson, executive director of the RFA.

"We support the effort by the Governor's office, providing that it allows the potting to continue only on the traditional areas that have minimally deployed materials as expressed by Chairman Albano in his legislation," said Capt. Adam Nowalsky, chairman of the RFA-NJ chapter.

Whatever solution is adopted, don't expect it to come too quickly. It will probably be another two years before this situation is resolved. But at least now there is some activity.

http://www.app.com/article/20130228/NJSPORTS06/302280126/Solution-gear-conflict-inches-forward