N.J. Admin. Code § 7:7-9.13
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:7-9.13 - Shipwreck and artificial reef habitats(a) The shipwreck and artificial reef habitats special area includes all permanently submerged or abandoned remains of vessels and other structures, including, but not limited to, artificial reefs, anchors, quarry rocks or lost cargo, which serve as a special marine habitat or are fragile historic and cultural resources. An artificial reef is a man-made imitation of a natural reef created by placing hard structures on the sea floor for the purpose of enhancing fish habitat and fish stock. 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 and other structures not constructed for the sole purpose of fish habitat. 1. Known sites include those shown either on National Ocean Survey (N.O.S.) charts or listed in the following publications: W. Krotee and R. Krotee, Shipwrecks Off the New Jersey Coast (1966); B.L. Freeman and L.A. Walford, Angler's Guide to the United States Atlantic Coast Fish, Fishing Grounds, and Fishing Facilities (1974); B. Preim, J. Carlson, B. Figley, A Guide to Fishing and Diving New Jersey Reefs, (2000); and the NJDEP Fisherman Magazine and the Artificial Reefs Association publication, Shipwrecks of New Jersey's Reefs (2003). In addition to known sites, unidentified remains of vessels may exist within tidal waters. Shipwrecks may also be considered historic or archaeological resources pursuant to 7:7-9.34.2. Shipwreck and artificial reef habitats may be subject to the marine fish and fisheries rule, 7:7-16.2.(b) Acceptable uses of shipwreck and artificial reef habitats include finfishing, shellfishing, and scuba diving.(c) Any use, except archeological research, which would significantly adversely affect the usefulness of this special area as a fish habitat is prohibited. Persons conducting archeological research which significantly affects the usefulness of a shipwreck for fisheries purpose shall compensate for this loss by creation of an artificial reef of equal habitat value.(d) Rationale: Shipwrecks and other natural or artificial materials can serve as critical habitat for benthic finfish and lobsters, and other invertebrates which prefer shelter in hard substrates otherwise uncommon in New Jersey's marine waters. These areas function as congregation, refuge, feeding, and nursery areas for migratory species and support extensive fisheries. Although artificial reefs have been constructed for angling and diving, their goal is not solely to benefit human-use. A primary goal of an artificial reef is ecosystem and habitat enhancement. Due to the potential of reefs to serve as marine fish congregating areas, commercial and recreational fishing on artificial reefs may be regulated by the Department's Division of Fish and Wildlife, the Atlantic States Marine Fisheries Commission, and/or the Mid Atlantic Fisheries Management Council. As of 2015, New Jersey had 15 reef sites. With the restoration of Federal funding in 2016, as many as 10 additional vessels are planned to be deployed to enhance these existing artificial reef habitats. The sites are strategically located along the State's 120 mile coastline near navigable inlets. Shipwrecks are also fragile historic and cultural resources. Scuba divers from New Jersey and other states visit artificial reefs extensively.vvN.J. Admin. Code § 7:7-9.13
Renumbered from 7:7E-3.13 by 47 N.J.R. 1392(a), effective 7/6/2015Amended by 50 N.J.R. 361(a), effective 1/16/2018