N.J. Admin. Code § 7:7-12.22

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:7-12.22 - Artificial reefs

(a) Artificial reefs are man-made structures intended to simulate the characteristics and functions of natural reefs created by placing hard structures on the sea-floor for the purpose of enhancing fish habitat and/or fisheries. In time, an artificial reef will attain many of the biological and ecological attributes of a natural reef. Artificial reefs do not include shore protection structures, pipelines, fish aggregating devices, and other structures not constructed for the sole purpose of fish habitat.

(b) New reefs shall be sited in accordance with the following:

1. The reef site shall not be located in the following special areas: surf clam areas (7:7-9.3 ), prime fishing areas (7:7-9.4 ), navigation channels (7:7-9.7 ), inlets (7:7-9.9 ), submerged infrastructure routes (7:7-9.12 ) and historic and archaeological resources (7:7-9.34 );

2. The reef site shall be located in the Atlantic Ocean, except for one estuarine reef that shall be allowed in the Lower Delaware Bay to be constructed by the Department;

3. The reef site shall be located in a manner that minimizes impacts on commercial fishing operations;

4. The reef site shall not be located within shipping lanes, and/or anchorages;

5. The natural seafloor at the reef site shall have a firm substrate to minimize sinking of reef materials;

6. The reef site shall not be located within an area environmentally influenced by dredge disposal sites, sewage outfalls, or other areas known to experience hypoxic events, contaminated waters or sediment that may impair the quality of fish habitat; and

7. The reef site shall not be located in an area with currents that have the potential to cause material instability, scouring, or sanding over.

(c) Construction of new or expanded artificial reefs is conditionally acceptable provided that at the time of deployment, and at all times after creation, the following conditions are met:

1. The reef materials are of sufficient density so that it will not move outside of the approved reef boundary;

2. The reef materials shall not float;

3. The reef materials shall not pose a hazard to navigation;

4. The reef materials shall not pose a threat to the marine environment;

5. The reef materials shall not be toxic;

6. The reef materials shall not be hazardous;

7. The reef materials shall not be explosive;

8. The reef materials shall not be radioactive;

9. The following reef materials are acceptable for deployment, provided that (c)1 through 8 above are met:

i. Ships;

ii. Armored military vehicles;

iii. Manufactured reef habitats;

iv. Dredge rock;

v. Concrete and steel rubble;

vi. Demolition material free of floating debris;

vii. Obsolete submarine telephone cable; and

viii. Miscellaneous reef materials that meet the conditions in (c)1 through 8 above;

10. The reef material shall be deployed in the following manner:

i. No materials shall be deposited until notification has been provided to the Department at least 72 hours in advance;

ii. Inspection by the Department prior to deployment, to ensure materials are not harmful to the marine environment, and will not pose a threat to human safety, and comply with the reef material conditions (c)1 through 8 above;

iii. Department personnel shall directly observe and oversee the deployment of any reef materials;

iv. To the extent practicable, deployment of reef materials shall not adversely impact the marine environment; and

v. The locations of artificial reef sites shall be recorded using a Global Positioning Satellite (GPS) system.

(d) An Artificial Reef Management Plan shall be submitted for each individual reef permit application and shall include the following:

1. A description of the proposed site;

2. A mechanism for recording materials used in constructing the reef; and

3. A monitoring schedule to measure the stability, durability and biological attributes of reef materials and impacts to the marine environment. The schedule shall include submission of monitoring reports, including a listing of materials deployed in the previous year, to the Department every year during reef construction, and every five years thereafter.

(e) It shall be the responsibility of the reef-builder to provide the location of the artificial reef to the US Department of Commerce, NOAA, National Ocean Survey, 1315 East West Highway, Silver Spring, MD 20910-3282, for inclusion on nautical charts.

(f) Rationale: The construction of artificial reefs allows for both an increase in the marine resource biomass and the congregation of marine fish. Reefs in marine waters are public resources that are beneficial to the State's fishing industries, the sport diving community and to the marine ecosystem as a whole.

Proper siting of reef structures and use of appropriate construction materials is important to the success of the reef, while ensuring stability, safety and preventing degradation of the marine environment. In addition, proper siting of artificial reefs may reduce conflicts among competing users of ocean resources. For example, artificial reefs that are sited away from traditional commercial fish and shellfish areas may reduce conflicts between recreational and commercial fishers. Likewise, artificial reefs located outside of navigation areas and submerged infrastructure routes have a high potential to reduce ocean resource user conflicts.

Reef management plans will allow for uniform evaluation of reef structures during the permitting process and ensure the reef performs as designed.

Coordination of the Artificial Reef Program is the responsibility of the Department's Division of Fish and Wildlife. Functions include review and approval of individual reef management plans, coordination and oversight of reef material preparation and placement, and coordination of Federal, State, regional, local and private activities associated with artificial reefs in New Jersey.

The Department may adopt management measures to address reef size limitations and cumulative impacts of reef structures, as needed.

N.J. Admin. Code § 7:7-12.22

Renumbered from 7:7E-4.21 by 47 N.J.R. 1392(a), effective 7/6/2015