ASSEMBLY, No. 692
STATE OF NEW JERSEY
211th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2004 SESSION
Sponsored by:
Assemblyman ROBERT J. SMITH
District 4 (Camden and Gloucester)
Assemblyman STEVE CORODEMUS
District 11 (Monmouth)
Assemblyman NEIL M. COHEN
District 20 (Union)
Assemblyman JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
Co-Sponsored by:
Assemblymen Azzolina, S.Kean, Burzichelli, Fisher, Gregg, Conover, Chiappone, Gibson, Connors, Rumpf and Conaway
SYNOPSIS
The "New Jersey Freedom to Fish Act."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
(Sponsorship Updated As Of: 6/4/2004)
An Act concerning fishing in marine waters and supplementing Title 23 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known, and may be cited, as the "New Jersey Freedom to Fish Act."
2. The Legislature hereby finds and declares that fishing is one of the most popular activities in the State; that the many people who take to the waters of New Jersey for the purpose of fishing make a substantial contribution to the local and State economies while doing so; that, in 2001, recreational anglers fished over 10.8 million fishing days in New Jersey for a total economic output of $1.4 billion; and that fishing also makes a substantial contribution to the quality of life in the State.
The Legislature also finds and declares that New Jersey's anglers have long demonstrated a conservation ethic through their abidance with fisheries management laws and regulations including minimum size requirements, possession limits, and seasonal closures.
The Legislature further finds and declares that the Atlantic Ocean and its bays and estuaries are some of New Jersey's most important natural resources; that effective planning, assessment, and management in the conservation of the resources of the Atlantic Ocean and its bays and estuaries are important tools to protect the marine environment and the fisheries resources it supports; that the marine environment can be adequately protected without unnecessarily closing off areas of the State's ocean waters, bays, and estuaries to fishing; and that the Department of Environmental Protection and the marine fisheries programs administered through the department have a critical role in the proper management and protection of the marine environment and the fisheries resources it supports.
The Legislature therefore determines that it is the policy of this State to protect, promote, and enhance fishing opportunities and access to the maximum extent possible, balancing both the interests of the fishing public and the interests of the marine environment.
3. The marine waters of the State shall not be closed to fishing unless:
a. conservation measures, including but not limited to minimum size requirements, possession limits, gear restrictions, or seasonal closures, will not, as determined by the Department of Environmental Protection in consultation with the Marine Fisheries Council, adequately provide for conservation of the affected stocks of fish;
b. the Department of Environmental Protection in consultation with the Marine Fisheries Council, has adopted, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and the Marine Fisheries Management and Commercial Fisheries Act," P.L.1979, c.199 (C.23:2B-1 et seq.), and after providing adequate public notice and opportunities for public comment including at least three public hearings prior to adoption, a rule or regulation establishing the closed area to fishing which is based upon an administrative record supporting the benefits thereof and which provides a timetable for periodic review of the continued need for the closed area at least once every three years;
c. the closed area is no larger than that which is supported by the best available scientific information as determined by the Division of Fish and Wildlife; and
d. provisions are made to reopen the closed area to fishing whenever the basis for the closure no longer exists.
4. The Department of Environmental Protection and the Marine Fisheries Council shall incorporate the policies and requirements established by this act when implementing and administering the "Marine Fisheries Management and Commercial Fisheries Act," P.L.1979, c.199 (C.23:2B-1 et seq.), or any other law, rule, or regulation pertaining to fishing in marine waters.
5. The provisions of this act shall not apply:
a. if the Department of Environmental Protection has determined, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that protection of the public health and safety, potential exposure to toxic substances, control of shellfish or finfish pathogens, or other conditions warrant an emergency closure of an area or areas to fishing or a long-term ban on shellfish or finfish consumption or harvesting;
b. to fisheries limits or closures established prior to the date of enactment of this act pursuant to R.S.23:3-51, section 1 of P.L.1987, c.83 (C.23:5-45.1), the "Marine Fisheries Management and Commercial Fisheries Act," P.L.1979, c.199 (C.23:2B-1 et seq), or any other law, or pursuant to any rule or regulation adopted pursuant thereto under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
6. This act shall take effect immediately.
STATEMENT
This bill, entitled the "New Jersey Freedom to Fish Act," would establish as State policy the importance of keeping New Jersey's marine waters open to all fishing in marine waters to the maximum extent possible without causing harm to the marine environment.
Specifically, in implementing that policy, the bill would provide that marine waters would not be closed to fishing unless:
(1) conservation measures, including but not limited to minimum size requirements, possession limits, gear restrictions, or seasonal closures, will not adequately provide for conservation of the affected stocks of fish;
(2) the Department of Environmental Protection, in consultation with the Marine Fisheries Council, has adopted a rule or regulation establishing a closed area to fishing which provides a timetable for periodic review of the continued need for the closed area at least once every three years;
(3) the closed area is no larger than that which is supported by the best available scientific information as determined by the Division of Fish and Wildlife; and
(4) provisions are made to reopen the closed area whenever the basis for the closure no longer exists.
The bill also provides certain exceptions to the bill's requirements.