Legislators consider a sea change in ocean protection

In the decades that New Jersey has carved out environmental regulations, laws have been passed to protect endangered species, manage housing development and upgrade sewage-treatment plants.

But since the first major pieces of environmental legislation were adopted in the early 1970s, there has never been a holistic approach to consider how those regulations would impact the ocean, environmentalists and legislators said.

Yesterday, at a special meeting of the Senate Environment Committee held at Monmouth University, the panel voted to release for vote a bill creating a New Jersey Coastal and Ocean Protection Council to address the ills of the ocean off New Jersey's coast and to close gaps in current laws that have detrimental effects on the Atlantic.

The bill (S-2645), sponsored by Sen. Ellen Karcher (D-Monmouth), stems from two major national reports in 2003 and 2004 recommending ecosystem-based management of oceans as the best way to correct pollution, overfishing, fishkills and other problems.

The council, as proposed, would be advisory to the state Department of Environmental Protection. It would have nine members -- six of whom would come from the public and three from state government, including the DEP commissioner, the CEO of the New Jersey Economic Development Authority and the executive director of the Division of Travel and Tourism. The public members would come from the commercial and recreational fishing industries, an academic organization, an environmental group, a public interest group and a nonprofit organization.

"We cannot sit back and watch as our marine ecosystem dies. Too much is at stake, and we must take action now," Karcher told the committee. "The creation of the New Jersey Coastal and Ocean Protection Council will allow us to examine every possible idea and solution that will help improve our ocean water and continue recreational opportunities that are essential to sustaining coastal tourism."

Jeff Tittel, director of the New Jersey Sierra Club, likened the council to the state's Clean Water Council, but one that concentrates almost exclusively on the ocean and its environs.

"There are more than two dozen state programs with five different state agencies and different committees here and there. It's not coordinated," Tittel said. "This bill is the first important step that we're taking in trying to bring everybody together."

But not all environmentalists and ocean advocates agreed.

Tim Dillingham, executive director of the American Littoral Society, called the legislation a "false step."

He said there have been a number of studies over the years, but there have been no results. He said many state agencies already have the authority to take an ecosystem-based approach to ocean water problems.

"Are we at a point in this crisis that we now need to take action as opposed to create another forum?" he asked the committee.

He suggested studies of gaps in ocean protection legislation can be done without a new council.

Tom Fote, legislative chairman for the Jersey Coast Anglers Association, said the state already has the ability to combat many ocean problems but hasn't done so.

"The problem is inaction, and we don't see this council basically doing what we need to be doing," he said.

At the conclusion of 2 1/2 hours of testimony, committee chairman Sen. Bob Smith (D-Middlesex) and Sens. John Adler (D-Camden) and Andrew Ciesla (R-Ocean) voted to release the bill for a vote. Its companion bill (A-4332) in the Assembly was released in June for a vote. The measures could be taken up before the end of the year.