Establishes restrictions and requirements for use of fishing gear and conch, fishing, and lobster pots on artificial reefs.

A1565

ASSEMBLY, No. 1565

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Establishes restrictions and requirements for use of
fishing gear and conch, fishing, and lobster pots on artificial reefs.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning use of fishing gear on artificial reefs, and
supplementing P.L.1979, c.199 (C.23:2B-1 et seq.).

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.���
a.� (1)� Except as otherwise provided pursuant to paragraph (2) of this
subsection, no
person, within the marine waters of the State, may use,
leave unattended, set or deploy any fishing gear, or attempt to take any fin
fish by any method other than rod-and-reel, hand line, spear, or recreational
gig, within the geographical boundaries of the Sandy Hook or Axel Carlson permitted
artificial reef sites, or within 300 feet thereof.

���� (2)�� Notwithstanding
the provisions of paragraph (1) of this subsection to the contrary and except
as otherwise provided pursuant to section 2 of this act, a
person,
within the marine waters of the State, may use, leave unattended, set or deploy
any fishing gear, or attempt to take any fish by any method, which is licensed
or permitted by the Department of Environmental Protection, within the
geographical boundaries, or within 300 feet thereof
, of
th
e following areas of the
permitted artificial reef sites with the following latitudinal and longitudinal
coordinates:

���� (a)�� On the Sandy Hook
permitted artificial reef site � NW 40.22.93n x 73.56.80w; NE 40.23.03n x
73.55.48w; SW 40.22.30n x 73.56.80w; SE 40.22.55n x 73.55.48w; and

���� (b)�� On the Axel Carlson
permitted artificial reef site �

���� (i)��� in the northwest corner
of the reef site � SE 40.03.50n x 73.59.60w; SW 40.03.50n x 74.00.20w; NW 40.04.20n
x 74.00.20w; NE 40.04.20n x 73.59.60w; and

���� (ii)�� in the southwest corner
of the reef site � NE 40.00.90n x 73.59.90w; NW 40.00.90n x 74.00.70w; SE 39.59.80n
x 73.59.90w; SW 39.59.80n x 74.00.70w.

����
b.��� The
department shall apply, within three months after the date of enactment of this
act, to the Mid-Atlantic Fishery Management Council to designate all permitted
artificial reef sites constructed under the Artificial Reef Program of the New
Jersey Division of Fish and Wildlife within federal waters as Special
Management Zones pursuant to section 648.148 of title 50, Code of Federal
Regulations.

����
c.���� T
he department, in consultation with the United States
Fish and Wildlife Service, shall review and revise projects associated with the
Artificial Reef Program to ensure that the projects are eligible for use of
funds received as part of any federal law providing funding for artificial reef
programs, including but not limited to, the federal Dingell-Johnson �Sport Fish
Restoration Act,� 16 U.S.C. s.777 et seq.

���� d.��� On
and after the date of enactment of this act, federal funds received by the
State for support of recreational fishing on artificial reefs shall be used
exclusively for areas of permitted artificial reef sites other than those areas
described in paragraph (2) of subsection a. of this section, and may be used to
expand the size and areas of the
Sandy Hook and Axel Carlson artificial
reefs to offset the areas of the artificial reefs designated pursuant to
paragraph (2) of subsection a. of this section.� The operation, maintenance,
and restoration of the areas of the artificial reefs designated pursuant to
paragraph (2) of subsection a. of this section may be funded by donations, or
federal or State moneys specifically allocated for, applied for by, or provided
to commercial fishermen.

���� e.���� As used in this section,
�permitted artificial reef site� means a site for which the department, or any
other State agency, has been issued a permit by the United States Army Corp of
Engineers for the construction of an artificial reef, the coordinates of which
are established pursuant to permit
CENAP-OP-R-200401135-1,
or any such subsequent permit therefor or update thereto, and which are
identified on nautical charts 12326, 12323, 12318, and 12214 issued by the
National Oceanic and Atmospheric Administration.

���� 2.��� a. No person issued a
license pursuant to section 2 of P.L.1941, c.211 (C.23:5-24.2) to set lobster
or fish pots may set a lobster or fish pot in a permitted artificial reef site,
except in those areas designated pursuant to paragraph (2) of subsection a. of
section 1 of this act.� In those areas, no person may set more than 75 such
pots, or a string of pots exceeding more than 25 pots per line.� The licensee
shall check and empty the pots of all fish and other organisms weekly, and
shall remove them from the water in accordance with the manner and standards
prescribed therefor by the Department of Environmental Protection in rules and
regulations adopted by the department.

���� b.��� Whenever a pot or trawl
is in use in an area at a permitted artificial reef site designated pursuant to
paragraph (2) of subsection a. of section 1 of this act, the endpoints on the
trawl, or the sinking line linking the pots, shall be clearly marked by the use
of a minimum of one high flyer on each endpoint of the trawl or sinking line.�
For the purpose of this subsection, �high flyer� means a flag, radar reflector,
or radio beam transmitter on a pole, buoy, fishing line, or other equipment,
that is visible above the water line.

���� c.���� A person issued a
license pursuant to section 2 of P.L.1941, c.211 (C.23:5-24.2) to set lobster
pots who is doing so recreationally pursuant to a recreational lobster pot
permit may not set any lobster pots in the areas of a permitted artificial reef
site designated pursuant to paragraph (2) of subsection a. of section 1 of this
act.

���� d.��� In areas at a permitted
artificial reef site designated pursuant to paragraph (2) of subsection a. of
section 1 of this act, no commercial fishing for:

���� (1)�� lobster using lobster
pots shall be permitted from November 1 through December 15; and

���� (2)�� other fish using fish
pots shall be permitted from May 15 through October 1.

���� e.���� The Department of
Environmental Protection may, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to implement
this section.

���� 3.
��� a.�� Within
one year after the date of enactment of this act, the Division of Fish and
Wildlife in the Department of Environmental Protection, in consultation with
the Marine Fisheries Council, shall develop a pot management plan for the use
of lobster and fish pots by persons licensed pursuant to section 2 of P.L.1941,
c.211 (C.23:5-24.2) to set such pots.

���� b.��� The Department of
Environmental Protection shall, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to establish
the pot management plan developed pursuant to subsection a. of this section and
for its implementation.

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill specifically
designates certain areas of the Sandy Hook and Axel Carlson artificial reefs
for use by commercial fishermen.� The bill includes in these areas the 300 feet
around the geographical boundaries described by latitudinal and longitudinal
coordinates in the bill. The description and coordinates of the geographical
boundaries are as follows:

���� 1)��� On the Sandy Hook
permitted artificial reef site � NW 40.22.93n x 73.56.80w; NE 40.23.03n x
73.55.48w; SW 40.22.30n x 73.56.80w; SE 40.22.55n x 73.55.48w; and

���� 2)��� On the Axel Carlson
permitted artificial reef site �

���� a)��� in the northwest corner
of the reef site � SE 40.03.50n x 73.59.60w; SW 40.03.50n x 74.00.20w; NW 40.04.20n
x 74.00.20w; NE 40.04.20n x 73.59.60w; and

���� b)��� in the southwest corner
of the reef site � NE 40.00.90n x 73.59.90w; NW 40.00.90n x 74.00.70w; SE 39.59.80n
x 73.59.90w; SW 39.59.80n x 74.00.70w.

���� These designated areas
represent about 50 percent of the area historically available to commercial
fishermen.

���� In these designated areas, the
bill restricts the number of lobster or fish pots that can be set to 75 pots,
and a limit of 25 pots per line to any string of pots.� The endpoints of any
trawl or sinking line linking pots are required to be clearly marked with at
least one �high flyer� � defined in the bill as a flag, radar reflector, or
radio beam transmitter on a pole, buoy, fishing line, or other equipment, that
is visible above the water line.� No commercial fishing of lobster using
lobster pots would be permitted in the designated areas from November 1 through
December 15, and of other fish using fish pots from May 15 through October 1. ��The
bill prohibits the recreational use of lobster pots in the designated areas.

���� The term �fish pot� in the
bill includes conch pots because they are considered to be fish pots in
regulations.� Also, under current law and regulation, there is no distinction
between commercial or recreational use of other fish pots including conch pots,
although most of the major fisheries in the State, other than conch, currently
require commercial landing permits.� Therefore, only conch and a very limited
number of other fish can be caught with pots by a person who does not have a
commercial landing permit.

���� The bill further requires
federal funds received by the State for the support
of recreational fishing on artificial reefs to be used exclusively for areas of
permitted artificial reef sites other than those areas designated for
commercial fishing as described above. The funds may also be used to expand the
size and area of the
Sandy Hook and Axel Carlson artificial reefs to
offset the areas of the artificial reefs designated for commercial fishing.�
The bill provides that the operation, maintenance, and restoration of the
designated areas for commercial fishermen may be funded by donations, or
federal or State moneys specifically allocated for, applied for by, or provided
to commercial fishermen.

���� The bill requires the
Department of Environmental Protection, in consultation with
the United States Fish and Wildlife Service, to
review and revise projects associated with the State Artificial Reef Program to
ensure that the projects are eligible for use of funds received as part of any
federal law providing funding for artificial reef programs, including but not
limited to, the federal Dingell-Johnson �Sport Fish Restoration Act,� 16 U.S.C.
s.777 et seq.

���� Finally,
the bill requires the DEP to apply, within three months after the date of
enactment of the bill into law, to the Mid-Atlantic Fishery Management Council
to designate all permitted artificial reef sites constructed under the
Artificial Reef Program of the New Jersey Division of Fish and Wildlife within
federal waters as Special Management Zones pursuant to section 648.148 of title
50, Code of Federal Regulations.