LEGISLATIVE COMMITTEE REPORT

JUNE - SEPTEMBER, 2023

1. As of July 2^nd, NJ Fish and Wildlife implemented a 1 fish, 28-inch to 31-inch slot limit for Striped Bass because of emergency action by the Atlantic States Marine Fisheries Commission (ASMFC) Striped Bass Board. This was later extended by the ASMFC to October 2024. These regulations cover the Atlantic Ocean from 0 to 3 miles from shore, no closed season. All other NJ marine waters for Striped Bass is open from March 1^st to December 31^st, but no spearfishing in the Delaware River (fresh water) for Striped Bass. The NJ Marine Fisheries Council actually discussed the possibility of going out of compliance with the ASMFC action in September, but did not do so.

This emergency action does not affect the Striped Bass Bonus Program (SBBP) with a 1 fish at 24-inch to less than 28-inch slot open from May 15^th to December 31^st, with a special permit requirement available free from NJ Fish and Wildlife. If you have the Bonus Bass tag with you while spearfishing, the slot is 7-inches from 24-inch to 31-inch for a legal Striped Bass, either by Bonus Bass or by 28-inch to 31-inch. Please Note: the 2023 Striped Bass NJ Recreational Regulation Cards and printed 2023 Marine Digest are not correct because of the new emergency slot limit for Striped Bass. However, if you go into the “Attention Anglers” summary regulations sheet on the NJ Marine Fisheries website, the correction has been made. This recent tendency by fishery councils to revert to narrow slots is not good news for the sport diver fishery, since we cannot measure a fish and release.

2. The Safety Committee, Legislative Committee and Chairman of the NJCD&C met with a representative of Atlantic Shores Wind (ASW) on 6/16/23 to discuss several issues that would pertain to diving on wind turbines. Although I was told before the meeting that he could not give me a definitive answer on if diving ASW turbines will be allowed, he did give some assurance that there will be no leakage of electricity from the turbines or the cables, and stated that the cable would be metal encased going into the turbine. Regarding the question if the powerful survey work could be dangerous to divers, he stated that ASW is not expected to do any more survey work this year, and that most of the survey work was “up and down”, meaning that it is not powerful side scan. He also stated that the export cable that will exit at Sea Girt is 61 miles long. I don’t remember if we got an answer to how close the cables will come to the Atlantic City, Manasquan Inlet or Axel Carson Reefs, but will ask again. I also had a concern if Wind Turbines will be close to any wrecks, but Atlantic Shores may not have determined the exact location of those turbines yet.

3. BOEM published a Draft Environmental Impact Statement (DEIS) issued by Atlantic Shores Wind for public comment that was over 2000 pages long with a due date of July 3^rd. The Legislative Committee responded with a three-page letter that focused on shipwrecks, artificial reefs, marine life, pollution, underwater cables, and diver safety. This letter was also sent to the NJ Marine Fisheries Council in September. The letter pointed out how a 50-meter buffer zone is grossly inadequate for shipwrecks when the barges laying cables may be 300 feet long with limited maneuverability. Since shipwrecks are intensely fished, a cable accidentally laid too close or over a shipwreck would be improperly buried and likely would be hit by anchors or grapple hooks from fishing boats or dive boats. There will be 200 Wind Turbines in Atlantic Shores South with 200 cables going to a substation. I suggested buoying the wrecks with strict orders for cable laying vessels to stay a long distance from any buoy.

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According to the diagram in the DEIS, the Monmouth Export Cable (Sea Girt landfall) appears to be very close to the Manasquan Inlet and Axel Carson Artificial Reefs and Wind Turbine Area One very close to the Atlantic City Reef, but how close is not stated. I asked that the qualified marine archaeologist not only train staff, but be on board the vessels laying cable and reviewing side scans. Apparently there is no formal process for evaluating the impacts of powerful survey activity on the environment or marine life. I still have concerns about the warning we received from Lamont Labs, Columbia University to stay a minimum of 3.2 miles from powerful survey devices. I asked BOEM if survey activity could endanger sport divers underwater, but no response.

4. Based on an MSN news release, NJ governor Murphy signed an agreement with Orsted (Ocean Wind) in July allowing the company to keep federal tax credits that were supposed to be passed on to NJ utility rate payers to offset the potential for higher electric rates. This would shift the cost (1 billion dollars) of developing offshore wind to tax payers.

5. According to Clean Ocean Action, buried deep in the federal 2022 Inflation Reduction Act (IRA) are a few paragraphs that tie offshore wind energy to oil exploration and drilling. Section 50265 of this act requires that before any offshore wind leases are issued, 60 million acres of oil and gas leases must first be offered, a requirement that stands for the next ten years. So oil and gas leases must be offered before wind leases. Since offshore wind leases are roughly 100,000 acres each, this is at least 600 to 1 oil to wind ratio. Thus offshore wind may spell open access to the oceans for oil and gas. Land based wind and solar can also only be offered after oil and gas leases are offered.

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Respectfully

jf2983182@msn.com Jack Fullmer

Legislative Committee