Traps Off the Reefs

After a thorough review by the individuals responsible for New Jersey's reefs it has been determined that the state may be out of compliance with the Sport Fish Restoration Act, as amended by Wallop-Breaux.

The Chief, U.S. Division of Wildlife and Sport Fish Recreation along with Commissioner NJ Department of Environmental Protection and Director, Division of Fish and Wildlife have determined that although the reefs belong to both recreational and commercial fishers --- they must be fished using hook-and-line and spear in order to comply with the Sport Fish Restoration Act.

Q) What is the Sport Fish Restoration Act?
A) The provisions of this Act are funded through the Sport Fish Restoration Account, which is part of the Aquatic Resources Trust Fund created by the Wallop-Breaux amendments in 1984. The Account consists of an excise tax on sport fishing equipment (including fishing rods, reels, lines, hooks; artificial lures, baits and flies; and fishing supplies and accessories), electric outboard motors and sonar fish-finding devices, and import duties on fishing tackle and yachts and pleasure craft. Congress authorized the amounts received by the Sport Fish Restoration Account to be appropriated for carrying out the Act.

Q) What does it mean?
A) The taxes collected on the sale of sport fishing equipment, primarily paid for by recreational anglers, is apportioned back to New Jersey, and other states, for things such as reef maintenance. If found to be out of compliance the state could lose this federal funding. The dollar amount could reach into the millions-of-dollars annually since Wallop-Breaux funding extends beyond reef maintenance.

Q) What about all the years the reefs were out of compliance, would New Jersey need to reimburse the federal government?
A) The state could be required to pay back for all the years it was found to be out of compliance - a sum that could be in the tens-of-millions of dollars.

Q) What are the objectives that must be met in order to receive federal monies?
A) According to the Sport Fish Restoration Program, one objective is: "To increase diversity, abundance and availability of reef-dependent species sought by recreational fishermen through creation of artificial reefs."

Q) Any other objectives?
A) There are several, but another is: "To provide increased fishing opportunity to recreational anglers, and thus provide economic benefits to New Jersey's sport fishing industry."

Q) What does all this mean?
A) Federal regulations and requirements are explicit that commercial use of the reefs cannot interfere with the purposes for which the lands are being managed. Commercial traps and gear limit recreational anglers from accessing the reefs, which means they interfere with the purposes for which the lands are being managed. In other words, New Jersey's reefs appear to be out of compliance and federal funding may be in jeopardy.

Q) Are commercial fishers allowed to fish the reefs under the Sports Fish Restoration Act?
A) It is our understanding that they can but they must use hook-and-line or spear.

Q) Are you sure?
A) Commissioner Jackson (NJ DEP) and Director Chanda (NJ DFW) have reviewed the specifics of the Sport Fish Restoration Act and recently announced that they would support all legislation that restricts fishing on the reefs to hook-and-line and spear. Their position was recently memorialized in a letter to the New Jersey Outdoor Alliance from Director, DFW, David Chanda.

Q) What is the NJOA doing about this?
A) NJOA & Reef Rescue initiated the campaign to approach the U.S. Fish & Wildlife and requested their position on compliance.
B) This prompted the USFW to contact the NJ DFW for compliance review.
C) DFW, and DEP, agrees NJ is out of compliance and have written the NJOA to express their support of legislation to restrict fishing on the two NJ reefs to hook-and-line and spear, PLUS, will petition the Mid-Atlantic Fishery Management Council for similar regulation on the remaining 13 reef sites located in the Economic Exclusion Zones.
D) NJOA and Reef Rescue are on a campaign to educate the public about non-compliance issues and loss of federal funding to bring pressure to bear on Trenton for remedial action.
E) We are meeting with representative from DEP, DFW and the Governor’s policy people to advance the issue.
F) NJOA has its lobbying firm educating legislators in Trenton.

Q) What can we do to help?
A) The reefs belong to the people and politics is keeping the reefs from the people. Get involved, let your local legislators know that NJ reefs may be out of compliance with the Sport Fish Restoration Act and this may cause the loss of millions-of-dollars in federal monies. Let them know that recreational anglers are being denied access to the reefs that they paid for through their Wallop-Breaux tax dollars. Find your legislator: http://www.njleg.state.nj.us/members/legsearch.asp
Also…

Contact Senator Sweeney, Senate President, and ask him to post bill S-221 (Traps Off the Reefs) for a vote in the senate. Call (856) 251-9801 or go to his site and email: http://www.njleg.state.nj.us/members/bio.asp?Leg=216 - you can also email him through our Legislative Education Section - http://njoutdooralliance.capwiz.com/bio/id/116839

Contact Assemblywoman Oliver, Speaker, and ask her to have bill A-1152 (Traps Off the Reefs) posted for a committee hearing, and then posted in the assembly. Call (973) 395-1166 or go to her website and emaiI: http://www.njleg.state.nj.us/members/bio.asp?Leg=242 -
you can also email her through our Legislative Education Section - http://njoutdooralliance.capwiz.com/njoutdooralliance/bio/id/140555

Thank you
Anthony P. Mauro, Sr
Chair
NJOA


Please click here to read the response from Dave Chanda, Director, NJ Division of Fish and Wildlife [this is a pdf that opens in a new window]

Updated 7/28/10