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 sales 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 Codey, Senate President, and ask him to post bill
S-336 (Traps Off the Reefs) for a vote in the senate. Call
973-731-6770 or go to his site and email:
http://www.njleg.state.nj.us/members/BIO.asp?Leg=82
Contact
Assemblyman Roberts, Speaker, and ask him to have bill
A-1519 (Traps Off the Reefs) posted for a committee
hearing, and then posted in the assembly. Call 856-742-7600
or go to his website and emaiI:
http://www.njleg.state.nj.us/members/BIO.asp?Leg=16
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]