Authorizes use of certain fish pumps to remove menhaden from purse seines.

S3423

SENATE, No. 3423

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 9, 2026

Sponsored by:

Senator� PAUL D. MORIARTY

District 4 (Atlantic, Camden and Gloucester)

SYNOPSIS

���� Authorizes use of certain fish pumps to remove
menhaden from purse seines.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the taking of menhaden and amending
P.L.2013, c.74.

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

���� 1.��� a.� The Legislature
finds and declares that:

���� (1) the Department of
Environmental Protection does not prohibit the use of fish pumps in the
commercial bait catch of Atlantic menhaden beyond three nautical miles of the
State coastline;

���� (2) currently, the DEP
requires the removal of Atlantic menhaden captured by purse seine within State
waters to be by brailing or dip net only;

���� (3) the use of fish pumps by persons
in the commercial Atlantic menhaden fishing industry will not lead to
overfishing in State waters;

���� (4) previous bans on fish
pumps were successful in keeping large purse seine vessels from harvesting vast
numbers of menhaden;

���� (5) however, the Legislature
has already taken steps that prohibit menhaden reduction fisheries from
operating in the State;

���� (6) in addition to the annual
State menhaden catch quota established by the Atlantic States Marines Fisheries
Commission, the DEP allocates quotas of menhaden capture for each commercial
bait catch vessel during open season through the use of an Individual
Transferable Quota (ITQ) system, which eliminates the �race to fish� and reduces
the need to maximize the number of fish caught on daily trips;

���� (7) as a result of the ITQ
system, the season for commercial Atlantic menhaden fishing vessels has lengthened,
which has scattered fishing efforts out along various points of the coast as
these vessels will harvest where the menhaden are located during that
particular time of the season;

���� (8) allowing the use of fish
pumps in State waters for commercial menhaden bait catch would decrease the
chance of crew members being injured and allow purse seine nets to be emptied
more effectively, thereby minimizing the likelihood of fish kills from a broken
purse seine net caused by the laborious and dangerous process of brailing and
dip netting; and

���� (9) decreasing the amount of
time it takes to bring captured menhaden on board will allow commercial bait
capture vessels to vacate fishing grounds quicker, thereby limiting the
potential for harmful interactions between commercial and recreational fishing
vessels.

���� b.� The Legislature therefore
determines it is in the public interest to allow commercial bait catch vessels
to utilize certain fish pumps when harvesting menhaden, in order to increase
harvesting efficiency and protections for persons engaged in commercial and
recreational fishing operations in State waters.

���� 2.��� Section 11 of P.L.2013,
c.74 (C.23:3-51.9) is amended to read as follows:

���� 11.� Removal, from a purse
seine, of fish harvested from the waters of the State shall be by
fish pump,

brailing
,
or dip net
[
only
]
.�
[
No
]

A
fish
pump
[
shall
]

may
be
on board any vessel operating under a license, for the purpose of taking
menhaden for bait or human food purposes,
[
unless
the pump is completely covered and securely fastened with a brightly colored
tarp or other material, and the pump intake or hose is disconnected from the
pump and is securely stowed away from the pump so that it is not readily
available for use when the vessel is fishing in State waters
]

provided
that the fish pump is a wet pump, of either capsule or centrifugal design, and
the pump discharge hose is placed at or below the vessel�s water line in order
to minimize the potential for excess aeration of surface waters in proximity to
the fishing operation
.

(cf:� P.L.2013, c.74, s.11)

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

STATEMENT

���� This bill would revise the law
concerning the use of fish pumps to remove menhaden from purse seines in
certain circumstances.

���� This bill would allow a wet
pump to be used to remove menhaden from a purse seine, provided that the fish
pump is a wet pump, of either capsule or centrifugal design, and the pump
discharge hose is placed at or below the vessel�s water line in order to
minimize the potential for excess aeration of surface waters in proximity to
the fishing operation.

���� Current law requires that the
removal, from a purse seine, of fish harvested from the waters of the State be
by brailing or dip net only and further provides that a fish pump may not be on
board any vessel operating under a license for the purpose of taking menhaden
for bait or human food purposes, unless the pump is completely covered and
securely fastened with a brightly colored tarp or other material, and the pump
intake or hose is disconnected from the pump and is securely stowed away from
the pump so that it is not readily available for use when the vessel is fishing
in State waters.