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About njdiver

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  1. Unless you are making use of their "facilities" you can walk from Sandy Hook to the Delaware Bay and not be charged. Of course you may encounter a few "tyrants" along the way.
  2. Fishing at 13 Artificial Reef Sites in New Jersey is Limited to Handline, Rod and Reel, and Spear Fishing Goes Into Effect August 8, 2018 Today, NOAA Fisheries filed the final rule to designate 13 New Jersey artificial reef sites as special management zones. This action: Establishes year-round special management zones for 13 New Jersey artificial reefs. Allows only handline, rod and reel, or spear fishing (including the taking of fish by hand) in these areas. This action will be effective on August 8, 2018. Vessels must remove all pot/trap gear from these reef sites prior to this date. Read the final rule as filed in the Federal Register, and the permit holder bulletin available on our website. Questions? Media: Contact Jennifer Goebel, Regional Office, 978-281-9175 Fishermen: Contact Travis Ford, Regional Office, 978-281-9233. To be published on Monday: https://www.federalregister.gov/documents/2018/07/09/2018-14661/fisheries-of-the-northeastern-united-states-special-management-zones-for-13-new-jersey-artificial https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-14661.pdf
  3. A4221 Provides for protection of public's rights under public trust doctrine. Identical Bill Number: S1074 (1R) Last Session Bill Number: S2490 (1R) w/c Pinkin, Nancy J. as Primary Sponsor
  4. Senator Sarlo abstained, did not vote for or against.
  5. Onsite report coming in S1074 Sca (1R) Provides for protection of public's rights under public trust doctrine, has passed out of the Senate Budget and Appropriations Committee.
  6. Senate Budget and Appropriations Monday, June 18, 2018 - 1:00 PM Meeting - Committee Room 4, 1st Floor, State House Annex, Trenton, NJ
  7. Today, NOAA Fisheries published the proposed rule to designate 13 New Jersey artificial reef sites as special management zones. This action would: Establish year-round special management zones for all 13 New Jersey artificial reefs; and Allow only handline, rod and reel, or spear fishing (including the taking of fish by hand) in these areas. Read the proposed rule as published in the Federal Register. https://www.federalregister.gov/documents/2018/02/13/2018-02916/fisheries-of-the-northeastern-united-states-special-management-zones-for-13-new-jersey-artificial We will be accepting public comment on this proposed rule through March 15, 2018. You may submit comments through our online Federal eRulemaking Portal or by mailing your comments to Mike Pentony, Regional Administrator, NOAA Fisheries Greater Atlantic Region, 55 Great Republic Drive, Gloucester, MA 01930. Please mark the outside of the envelope, “Comments on New Jersey Special Management Zones Designation.” Questions? Contact Jennifer Goebel, Regional Office, at 978-281-9175 NOAA Fisheries Greater Atlantic Region 978-281-9175, www.greateratlantic.fisheries.noaa.gov
  8. https://www.facebook.com/groups/CitizensAgainst1124/permalink/1284069828365756/ Check out the comments for more photos.
  9. 1973 Public Lands - The Public Trust Doctrine Includes a Right to Equality of Access to Municipal Beach Area Mary Joann Woods (Snip) "In 1970, the New Jersey municipality of Avon-by-the-Sea adopted an ordinance which required non-residents using the municipal beach area to pay a substantially higher fee than residents or taxpayers of Avon." (Snip) "On appeal, the supreme court, per Justice Hall, reversed the decision of the lower court.5 The court saw no legislative authorization in the language of the statute for charging higher beach fees. The court rested its decision upon the common law right of the citizenry to equal access to public lands: the public trust doctrine.6 In Avon, the New Jersey Supreme Court articulated a modern and flexible view of the public trust doctrine which marks a significant departure from prior cases and an extension of the trust doctrine generally." (Snip) "The Avon case, however, introduces a new element into the doctrine: equality of access to public lands." http://lawecommons.luc.edu/cgi/viewcontent.cgi?article=2410&context=luclj
  10. "In summary, in this eminent domain action, the trial court properly determined that the expanded dry beach (previously tidally flowed) that was produced by the government-funded beach replenishment program fell within the public trust doctrine and was not the property of the upland owners, the Lius. Therefore, the Lius were not entitled to compensation for property they did not own. In addition, the jury determination that a reasonably willing purchaser would not have paid substantially more for the property with the furnishings, fixtures, and equipment was not a miscarriage of justice. We reject the Lius' contention that they did not receive just compensation for their property. For the reasons given, we affirm the judgment of the Appellate Division." http://caselaw.findlaw.com/nj-supreme-court/1539167.html
  11. Riparian rights are given to property owners by the State for portions of adjacent land seaward of their property line to the Mean High Water line. Several Private Clubs were sued by the Public Advocate of NJ, before it was eliminated, in Monmouth County and settled with agreements to allow the public to use dry sand above the Mean High Water line. "In January 2010 a legal dispute between several Sea Bright private beach clubs and the state was settled with an agreement which “significantly expands the amount of beach open to the general public." The settlement obliged five of the businesses — Chapel Beach Club, Surfrider Beach Club, Sands Beach Club, Water’s Edge Beach Club and Ship Ahoy Beach Club — to contribute $30,000 each to fund public-access improvements, while the Driftwood Beach Club was to contribute $20,000 and give the state a tract of oceanfront property in nearby Monmouth Beach. Additionally, Sea Bright will spend $556,000 to provide public-access amenities within the borough that are related to providing public access to the beach. The new agreement expands one signed in 1993 that established a 15-foot “limited-use public corridor” in front of the clubs’ beaches. Instead, a “full public use” area encompassing at least 50 percent of the beach, up to a maximum of 150 feet, will be established. In September 2012, a state appellate panel ruled that Sea Bright Beach Club had benefited from a beach replenishment project paid for with millions in taxpayer money and so should not restrict its beach from non-members. Sea Bright Beach Club was one of nine private clubs in the borough part of a long-standing lawsuit that the state filed in 2006. It was the only club that had not settled or dismissed its case with the state over the years. " http://www.beachapedia.org/State_of_the_Beach/State_Reports/NJ/Beach_Access Here is the decision on the matter: http://www.nj.gov/oag/newsreleases10/Sea-Bright-Files/SeaBright-SandsConsentJudgment.PDF
  12. http://www.nj.gov/dep/cmp/access/public_access_handbook.pdf
  13. At present, NJ has no public access to tidelands regulations other than the ability of the NJDEP to require public access under a waterfront development or CAFRA permit. The legislation to empower the NJDEP to write public access regulations is being held up in Committees and "legal review". The regulations written under both the Corzine and Christie Administrations were declared invalid, twice, by the NJ Superior Court of Appeals.
  14. http://www.pressofatlanticcity.com/news/press/science_nature/offshore-wind-proponents-voice-support-in-atlantic-city/article_a64c8829-447f-5ad4-a94f-b26b6f33c7cb.html?utm_source=WhatCountsEmail&utm_medium=Breaking News&utm_campaign=BREAKING NEWS