Editor's note: Recreational anglers in New Jersey are battling to ban commercial fish and lobster pots from the artificial reefs off the state's coast, and click here for an article about the problem. The latest edition of the Jersey Coast Anglers Association's newsletter gives some updates that follow.

Another issue is that recreational anglers are lobbying to allow old New York subway cars to be sunk on the reefs. Recreational anglers generally support using the cars on the reefs, because the nooks and crannies and other qualities seem likely to work great at supporting fish habitat. Some have questioned whether using the subway cars is not a good idea, such as when some have asked whether asbestos in the cars could be a health hazard. But others have said the asbestos is negligible and compared the likelihood of any asbestos seeping into the water to minute traces of asbestos that are even allowed in public drinking water. News from the JCAA about subway cars also follows.

From the Jersey Coast Anglers Association's October 2007 newsletter:

Pots off Reefs

Breaking news! Senator Robert Smith, Chairman of the Senate Environmental Committee, announced that he will hold a hearing on this bill on October 4th if there is quorum available. Senator John Adler agreed to be available for this hearing on October 4th. I will keep you posted by email.

It was clear from day one that the Marine Fisheries Council was not going to address getting the pots off the reefs to the satisfaction of the recreational community. Over the years due to the inherent bias of the members of the Marine Fisheries Council, recreational anglers never seem to get a fair shake. The Council is made up of 5 commercial seats, 4 recreational seats and 2 at large seats. Even though the recreational fishing industry is worth almost 4 times the worth of the commercial fin fishery and the number of recreational anglers is 1.3 million compared to less than 100 licensed pot holders, the recreational community is always ignored. It would help if Governor Corzine would finally appoint two people to the at-large seats and provide a better balance on the Council. We discussed this with Governor Corzine and Commissioner Jackson almost a year ago and we are still waiting.

The importance of the artificial reefs for recreational fishing is of increased concern this year because of the shortened summer flounder fishery. When the fishery shut down September 10th, most anglers had to shift their quest for dinner to the artificial reefs. The commercial fishermen continue to justify their actions by telling us they feed the non-fishing public. The problem is the 1.3 million anglers who want to feed their families by catching themselves are denied access. As Adam’s article explains below it is time for us to work directly with the legislature, Governor Corzine and Commissioner Jackson and bypass the biased NJ Marine Fisheries Council.

* * *

Reef Rescue Update

By Capt. Adam Nowalsky, Member of Reef Rescue

At the beginning of this year, a multi-front effort was launched at reclaiming NJ’s Artificial Reefs. The problem is simple: a number of NJ’s Artificial Reefs have become dominated by fixed fishing gear (i.e. – fish and lobster pots) consisting of traps, trawl lines, buoys and high flyers. The result is that it has become extremely difficult to recreationally fish via drift and anchor on reef sites, sites which would not have become possible without recreational efforts and donations. The JCAA, RFA and other groups have joined forces in forming NJ Reef Rescue, the goal of which is to remove all fixed gear from NJ’s Artificial Reef sites.

The State Marine Fisheries Council convened the Artificial Reef Committee and a number of sessions were held with various stakeholder groups, including divers, recreational fishermen, the for-hire sector (party/charter boats) and the commercial fishing community. Despite State studies and visual evidence to the contrary, the commercial sector maintained there was no problem, suggesting studies of their own in lieu of action.

After months of impasse, the Director of the Division of Fish and Wildlife, Dave Chanda, put forth a proposal of his own. This proposal would have restricted the use of fixed gear from NJ’s 2 in-state reef sites, the Sandy Hook and Axel Carlson Reefs, during the months of primary recreational use from May - October. Furthermore, the proposal called for the State to work with the Mid-Atlantic Fisheries Management Council to enact similar regulations for the 13 NJ reefs beyond 3 miles of the NJ coast and outside of NJ jurisdictional waters. This proposal was not supported by Reef Rescue, JCAA and RFA.

At the September meeting of the Marine Fisheries Council, the Artificial Reef Committee forwarded the aforementioned proposal to the Council with a motion for approval. At the last minute, commercial representatives entered a revised proposal. This revised proposal sought to limit only fish pot gear on just 2 of NJ’s reefs for a shortened period. Despite input from Director Chanda himself and other State officials that allowing one type of gear but not another was impractical and unenforceable; the commercially-weighted Council passed the revised proposal.

The current proposal for restricting fixed gear on reefs does nothing to alleviate the current problem on NJ’s Artificial Reefs. The State itself says it cannot be enforced; it only limits one type of gear, and applies to only 2 of the 15 NJ Artificial Reefs. Compromise? Anything but! NJ Anglers are now left with pursuing Legislative efforts to reclaim our Artificial Reefs. The State Assembly currently has bill A3986 which has been passed out of committee and is awaiting vote by the full assembly. The State Senate is considering bill S2635, which has yet to be considered by the Senate Environmental Committee. Your help is needed NOW. It is imperative that you contact your state Assemblymen and Senators and request moving these bills on to the full Assembly and Senate for a vote. Since it is clear the Marine Fisheries Council is not working for the State’s anglers on this issue, it is time to take matters into our own hands.

* * *

COMMISSIONER JACKSON
MOVES TO SECURE
600 SUBWAY CARS
FOR NEW JERSEY’S ARTIFICIAL REEF PROGRAM

JCAA received this memo from Commissioner Lisa Jackson to the Division of Fish and Wildlife directing their staff to amend the artificial reef permit to allow New Jersey to accept 600 subway cars from New York.  Her memo is below.  Commissioner Jackson chaired a meeting at the JCAA office to discuss this issue.  In attendance were Deputy Commissioner Jay Watson, Director of Fish and Wildlife Dave Chandra and representatives from JCAA, RFA, COA, ALS, NJ Dive Council, and Reef Rescue.  Commissioner Jackson promised an unbiased look at the science.  She contended that these were different subway cars and a new review was required.  This memo is a result of that review.  It is refreshing to work with a Commissioner who puts science first and is not tied to previous decisions that were politically motivated.  We will keep a watchful eye to make sure this process does not stall.  The anglers of New Jersey are grateful to Commissioner Jackson for her foresight and her willingness to put science first. 
 
MEMORANDUM
 
 
TO:                  Amy Cradic, Assistant Commissioner
                        Natural and Historic Resources
 
FROM             Lisa P. Jackson, Commissioner
 
DATE:            September 17, 2007
 
SUBJECT:      NYCTA Subway Cars / NJ Artificial Reefs
 
This will serve to follow up our recent discussions, meetings, and research to determine if the Department should accept New York City Transit Authority’s (NYCTA) offer of 600 stainless steel subway cars for deployment on New Jersey’s artificial reefs.
 
As you know, subway cars are not currently included as an acceptable reef material under our permit (Permit # cenap-op-r-200401135-1) with the Army Corps of Engineers (ACOE) and the “Artificial Reef Management Plan for New Jersey 2005” currently lists subway cars as a prohibited material for reef construction.
 
After consultation with DEP technical staff and scientists, review of studies conducted by the NJ Division of Fish and Wildlife (NJDFW) and other Mid-Atlantic States’ Artificial Reef Programs, the United States Environmental Protection Agency (USEPA) and a literature review conducted by the Department’s Division of Science and Research, I have concluded the following on the productivity, durability, stability and the effects of asbestos on marine life associated with the use of subway cars as reef habitat.
 
Subway cars have been shown to be a fully functioning productive artificial reef habitat, offering trophic support to reef fishes by supporting invertebrate communities. Reef fishes, particularly black sea bass, tautog and cunner have been shown to utilize subway cars for habitat.  A three year study conducted by the NJDFW determined that the mean number of reef fishes utilizing subway cars as habitat was 323 per car.  An underwater video census conducted by South Carolina’s Artificial Reef Program on deployed subway cars showed that dense communities of invertebrate marine life develop on subway cars within 10 months of soak time.

Although constructed of relatively thin gauge steel, subway cars are engineered for strength and are structurally complex.  A study conducted by NJDFW during 2004 showed that subway cars deployed in 1990 were found to be 67 percent structurally intact and upright after 13 years and 10 months soak time.  A recent side scan survey conducted on these same subway cars showed that after 17 years of soak time the subway cars are still upright and intact.  The estimated life span of the stainless steel subway cars as determined by USEPA, is 25-35 years.  This life span is comparable to other reef materials deployed by New Jersey’s Artificial Reef Program.
 
Subway cars remain stable on the ocean floor once deployed.  Findings from a four year study conducted by the NJDFW indicated that once deployed, subway cars remain in place and do not move even after northeast and tropical storms.  The stainless steel subway cars currently available from NYCTA weigh almost twice as much (35,000 pounds each) as the subway cars deployed by NJDFW during 1990 (18,000 pounds each).
 
Following a literature review performed by the NJ Division of Science and Research related to encapsulated asbestos (asbestos bound in an epoxy resin) and effects on marine life, it was determined that asbestos fibers would not be expected in the vicinity of subway cars deployed on artificial reefs.  Therefore, exposure of fish and other species to asbestos fibers from subway cars would be minimal, and any exposure if it occurred, would be temporary due to the dynamics of epifaunal growth.  Similarly, results from an encapsulated asbestos study conducted by Delaware Division of Natural Resources’ Artificial Reef Program showed that no asbestos fibers were found in ocean water samples adjacent to 400 deployed redbird subway cars.  Studies conducted by the USEPA also show no significant releases of asbestos fibers from encapsulated asbestos-containing surfaces in subway cars deployed on a New Jersey reef site in 1990 or from non-encapsulated asbestos on a Navy vessel deployed off the coast of Maryland.
 
In conclusion, I have determined that the 600 stainless steel subway cars currently offered by New York City Transit Authority are a durable and valued ocean reef material. Both New Jersey’s fishing and sport diving communities would directly benefit from the addition of the stainless steel subway cars on the artificial reef network.   
 
Please direct your staff to take the necessary steps to confirm New Jersey’s desire to receive the 600 stainless steel subway cars from the NYCTA, and seek all necessary approvals through the appropriate processes to amend New Jersey’s Artificial Reef Plan and the ACOE permit.

* * *

These articles reprinted with the permission of Tom Fote from the Jersey Coast Anglers Association.

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