This chapter focuses on the historical and current human uses of the environmental resources within the watershed. Colonial land uses caused environmental impacts that were unknown to the early inhabitants, who were mainly concerned with survival, the establishment of their communities, and commerce. These historical pursuits required the use of natural resources that were readily available, through timber cutting, bog iron mining, charcoal making, and the development of other industries (see Chapter 4). Modern human uses are currently influenced by population growth, tourism, and various forms of recreation. In addition to being home to many retirees and other year-round residents, Ocean County is an attractive location for large numbers of tourists who use Barnegat Bay and Little Egg Harbor for numerous activities.
As the Wisconsin glacier retreated, New Jersey was in a "pristine" condition, with untapped forest, mineral, clay, silicate, and water resources. Over a period of approximately 10,000 years, the presence of aboriginal hunter-gatherers had very little environmental impact on the land due to their low population size. About 3,000 years ago, the original inhabitants became more skilled at using natural resources for survival, and they began to exploit certain resources, most notably oysters and clams, for food and for production of wampum. These activities involved the use of vast amounts of shells.
Evidence exists that these original inhabitants were concentrated in the western part of New Jersey, near Burlington and Trenton. They traveled to the shore each summer to use their ancestral hunting and fishing grounds. The remains of their summer residences have been found in and around the Toms River and Tuckerton areas. It can be said that they were the first "tourists" in Ocean County.
When the first Europeans settled in Ocean County in the late 1600’s, they traded with the original inhabitants and bought their land. The mutually dependent trade relationship produced a demand for furs and pelts that depleted the local stocks of forest animals and forced the Indians to broaden their hunting areas. The widening of the hunting areas caused conflict with other tribes through competition for a dwindling resource. The term "competing uses" has an historical aspect and is not just a contemporary concept. Historical sources document that competition for land and resources has existed in Ocean County for almost 300 years.
Southern New Jersey, which today also encompasses part of the Barnegat Bay-Little Egg Harbor watershed, historically contained a large area of pine barrens which eventually included the more than 1 million ac (400,000 ha) that now comprise the protected Pinelands. For most of the 17
th Century, this area remained sparsely settled due to the dense nature of the forests and swamps between the Delaware River and the Atlantic Ocean. By the end of the 17th Century, the towns of Barnegat and Tuckerton had been established and several saw mills existed in Ocean County. Lumbering was so extensive during the first decade of the 18th Century that the New Jersey General Assembly was forced to promulgate regulations restricting the cutting of timber. By the mid-18th Century, conservationists were speaking out against the cutting of large amounts of timber (most notably Benjamin Franklin). Shellfish harvesting was so widespread during the early 1700’s that the first oyster law was passed, limiting harvesting to May 10th through September 1st.The maritime tradition of Barnegat Bay produced a rich history of whaling, boat building, fishing, shipping, commerce, and (during the Revolutionary War) privateering. All of these enterprises added to the economic well-being of the people who chose to settle in the woodlands south of New York and east of Philadelphia. Boat building produced an array of boats particularly suited to the shallow bay: sneakboxes for hunting; garveys for hunting and fishing; catboats for guiding the earliest visitors to the hunting and fishing grounds, and for shipping industrial goods to New York, Philadelphia and points south; sloops and schooners for commerce up and down the Atlantic Coast and to farther ports, such as the West Indies.
Other colonial industries, including lumbering, bog iron manufacture, charcoal production, cranberry cultivation, salt hay and sphagnum moss harvesting, depleted or altered the resources to the extent that some of the industries collapsed. In the case of lumber and bog iron, the environment was transformed when sawmill ponds and clearcut Atlantic white cedar stands were converted to cranberry cultivation after the lumber was depleted. It is evident from historical records that major parts of Ocean County were heavily industrialized from the mid-18
th Century to the mid-19th Century. Various historical sources corroborate that there is hardly a forested acre in Ocean County that has not been cut over many times, burned, cleared or otherwise disturbed. By the early 1900’s, eelgrass in the bay essentially disappeared due to a blight, although it returned in the 1950’s. In addition, the oyster industry was declining in Barnegat Bay.Natural forces also shaped the land and affected the way of life of the inhabitants. Great fires burned throughout Ocean County and the pine barrens as they had since the last ice age. Violent northeasters and hurricanes opened and closed inlets, swallowed up an entire island, and removed acres of beaches along the oceanfront.
The original inhabitants - the native Americans - also vanished within a short period of time. They had roamed this land for more than 10,000 years, but within the space of 100 years they were gone, nearly without a trace. If the physical remnants of their existence (e.g., their shell middens) and their names (e.g., Manasquan, Manahawkin, Mantoloking, and Metedeconk) had not been preserved, we would hardly know that they once lived here.
When the first settlers arrived in the Ocean County area in the late 1600’s, there were approximately 500 million ducks making an annual flight over Barnegat Bay. By 1934, that number had dropped to 30 million ducks. It became increasingly obvious that the wholesale killing of birds by recreational and market hunters threatened to eliminate a number of species. Finally, game limits and hunting restrictions were imposed to mitigate the impact.
The growth of the tourist industry in the later part of the 19
th Century and early part of the 20th Century brought the mosquito problem to the attention of the state government, which organized a survey of the meadows along the bay in 1908. This eventually led to a great decline in the mosquito population through the elimination of their habitat and the use of insecticides. These early 20th Century actions had unexpected ecological consequences because the mosquitoes were preyed upon by the dragonflies and damselflies, who were in turn preyed upon by the martins, frogs, and toads. The dragonflies and damselflies declined after the mosquito exterminations, and thereafter a decline occurred in the toad population. The toads were the favorite prey of the hog-nosed snakes that frequented the beaches in the northern portion of the bay, and they eventually disappeared with the decline of their prey species. This anecdotal information is important because it illustrates how species are connected in a complex food web, and it reminds us how actions may have unintended consequences.With the advent of the first railroads, and then the automobile, tourism became an economic factor in the early 20
th Century, as hunting and fishing excursions employed local captains. The popularity of hunting and bay fishing, along with the benefits of ocean bathing, contributed to the growth of tourism, which had expanded to become a local industry by the end of the 19th Century, both at the head of the bay to the north and along the barrier island to the south. The tourist industry grew in the first half of the 20th century, but declined during World War II due to gas rationing. After the war, when the Garden State Parkway was completed, there was a resurgence of interest in Ocean County. As a result, the county experienced phenomenal growth during the late 1900’s. Thousands of shore homes were built, and thousands of new boats appeared on the bay. With this growth came a decline in bay water quality. In the 1970’s, many environmental regulations were enacted by the state to control growth, which was perceived as negatively impacting estuarine and freshwater wetlands resources.The opening of the Point Pleasant Canal in 1926 forever changed the ecology of the upper part of the bay by the introduction of saline water. Certain vegetation preferred by wildfowl, such as wild celery, disappeared completely. Similarly, the change in salinity contributed to the demise of oyster beds in the estuary. Freshwater species of fish disappeared and were replaced by salt water forms.
Human activity in the watershed and estuary have caused ecological impacts through the following:
th Century.•Clear-cutting of the forests every 25 to 40 years since the late 1600’s to the mid-1800’s for timber-harvesting and charcoal-making; the reduction of species diversity caused by poor soil nutrition as a result of so much clear-cutting.
•Elimination of animal species through indiscriminate hunting of animals inhabiting the interior of southern New Jersey.
•Disturbance of rivers, streams, and wetlands via damming for saw mill operations.
•Disturbance of streams and wetlands for bog-iron mining; the depletion of the bog-iron resources by the mid-1800’s.
•Near decimation of the duck population due to unrestricted hunting for 200 years.
•Destruction of tidal wetlands as a result of salt hay harvesting, cattle pasture, dock facilities, and development.
•Disturbance of freshwater wetlands for construction of roads and other colonial development.
•Elimination of freshwater fish species in the northern portion of the bay through construction of the Point Pleasant Canal.
•Demise of the prolific oyster industry in Barnegat Bay and Little Egg Harbor.
•Introduction of oil pollution into the estuarine system from motorized vessels during the 20
•Disruption of shallow water habitats and colonial nesting bird populations by personal watercraft.
Population growth over the last hundred years has also had an impact on the environment. This growth has been facilitated by:
•Construction of the railroads in the late 1800’s.
•Construction of the causeway to Long Beach Island in the early 1900’s.
•Construction of the Thomas A. Mathis Bridge in the 1950’s.
•Construction of the Garden State Parkway in the 1950’s.
•Proximity to major metropolitan areas.
•Construction of the Oyster Creek Nuclear Generating Station in the 1960’s.
•Development of the regional sewer system in the 1970’s.
First, the location of the bay and the inlets influenced settlement and growth by providing easy access by boat. Then, the modern transportation facilities enabled the growth of seasonal and year-round populations in the Barnegat Bay and Little Egg Harbor area. The regional sewer system provided large areas of the county with sanitary sewerage treatment.
Natural forces have also played a major part in shaping the physical environment by:
•Changing the locations and configurations of inlets and beaches over the centuries.
•Consuming the forest vegetation (via wildfires).
•Eroding beachfront, causing the destruction of Atlantic the White Cedar swamp on Long Beach Island, and eliminating Tucker's Island (via northeasters and hurricanes).
These two elements – human activities and natural dynamic forces - will continue to shape the Barnegat Bay-Little Egg Harbor estuary and watershed in the future.
Population growth has accelerated rapidly during the 20
th Century, both along the eastern and western sides of the bay. The Ocean County area has become a particularly desirable place to live and work. It is no longer merely a seasonal or retirement destination. It is home to nearly a half million people. This population growth has led to intense competition for resource use and the realization by the federal and state regulatory agencies that ecosystem management is a complex undertaking that must involve diverse groups of people with different attitudes. Population growth and associated human activities have produced significant change in the coastal ecosystem; they can be separated into three general categories to assess impacts on the estuary: (1) land-use activities; (2) competition between recreational and commercial fisheries; and (3) conflicts between boats and personal watercraft.
Accelerated population growth during the last half of the 20
th Century has led to changes in land use for homes and businesses. Since the most populated areas are located in the north-central portion of the county, in Dover, Brick, Lakewood, Manchester, Jackson and Berkeley Townships (Ocean County Department of Planning, 1998), these areas have experienced the most commonly recognized effects of land-use changes:•Filling of tidal wetlands (prior to 1970) for lagoon developments, which virtually ceased upon enactment of the Wetlands Act of 1970.
•Filling of freshwater wetlands for road construction, commercial development and housing development. As of 1988, freshwater wetlands were jointly regulated by the U.S. Army Corps of Engineers and the New Jersey Department of Environmental Protection (NJDEP). In March 1994, New Jersey assumed jurisdiction of the Federal 404 Program of the Clean Water Act. Between March 2, 1994 and June 30, 1998, 510 ac (207 ha) of freshwater wetlands were impacted by development activities and granted Statewide General Permits under the permit program of the NJDEP Freshwater Wetlands Protection Act Rules. The filling of isolated wetlands totaled 173 ac (70.1 ha) during that same time period, and minor road crossings totaled 65 ac (26 ha) (NJDEP, 1999). Between 1990 and 1998, filling of wetlands for development declined, leaving a total of approximately 300,000 ac (121,500 ha) of freshwater wetlands which remain in the state (New Jersey Future, 1999).
•Stormwater runoff from impervious surfaces (e.g., existing county roads, municipal streets, old pavement, and parking lots) has been linked to the decline in water quality and the decrease in base flow in streams.
•Historic (and some current) septic system failures, which introduce pathogens to groundwater and contribute to groundwater pollution.
•Over-fertilization of residential lawns, which can produce nutrient-loaded
stormwater runoff that can contribute to algal blooms, the decrease of light transmission in the water column, the decline in submerged aquatic vegetation, and the eutrophication of water bodies.
•Pet waste, which can produce high levels of bacteria (e.g., cryptosporidium, giardia, and salmonella) that cause water-borne diseases. Other wildlife, such as waterfowl, can contribute to this problem.
•Improper disposal of sanitation tanks in boats (boaters should dispose of sanitation waste at pump-out stations located throughout the bay).
•Beach closings, which have been linked to precipitation events, high stormwater runoff, and elevated bacterial counts. New Jersey has made great strides in controlling coastal pollution, and beach and bay closings have been dramatically reduced since 1988 (New Jersey Future, 1999).
•Landfills and buried toxic waste, which can leach contaminants into groundwater.
•Leaking underground storage tanks, which can also be a significant source of chemical contaminants in groundwater.
•Increased soil erosion at construction sites, which often generates high suspended solids, increased turbidity, and sedimentation problems in area streams.
•Soil compaction on large construction sites, which can inhibit groundwater recharge and decrease base flows in area streams.
•The cumulative effect of withdrawal of groundwater for public potable water supply, residential well use, irrigation wells, and industrial ground water withdrawal, which has created an estimated deficit in the Metedeconk River and Toms River of about 20 million gallons per day (75.7 million liters per day) that may increase to 34 million gallons per day (129 million liters per day) in the year 2016. Some of the purveyors presently use aquifers that have reduced allocations through NJDEP regulations. Purveyor demand is largely depletive in nature. Groundwater withdrawals can also affect baseflow to local streams and contribute to salt water intrusion in coastal communities (New Jersey Department of Environmental Protection, 1996).
•Riparian construction, such as bulkheads, sea walls, docks, and dredging, which has reduced shallow nearshore habitat area and impacted the benthic environment.
•Dredging of bay bottom that destroys benthic habitat, including submerged aquatic vegetation.
•Petroleum and halogenated hydrocarbons, metals, particulate organic matter, pathogens, and floatables introduced into surface waters at marina sites.
•Reduced public access to the bay due to the lack of public open space along the bay shore.
These are among the most common impacts created by modern land-use changes in the watershed. Some of the categories mentioned are controlled by state environmental regulations (e,g., wetland impacts, soil erosion, and sediment control), whereas others are not. The dredging and filling of wetlands in tidal waters are also regulated by federal agencies. Some of the causes of pollution listed above are not being addressed because of the lack of clean-up funds or reduced enforcement budgets. A number of these impacts can be attenuated by more effective planning and development, but some problems may have no immediate solution and will require an intense public outreach effort aimed at education and personal behavioral modification.
B. Recreational and Commercial Fisheries
Conflicts over fishing rights are generally based on resource availability and natural stock restoration, and they become evident when any economically or recreationally important species suffers an observable decline. These types of conflicts began in colonial times, when the first oyster law in New Jersey was passed in 1720, and they have continued up to the present. The public trust doctrine that protects fishing and navigation rights against privatization became U.S. law through conflicts over oysters in New Jersey (McCay and Jenks, 1998). The conflicts between recreational and commercial fishermen are not Barnegat Bay-Little Egg Harbor specific. They occur in the marine waters of this geographic region because the anadromous, coastal pelagic, crustacean, and shellfish species which inhabit the waters of Ocean County are recreationally and commercially important.
Historical accounts of fishing in Barnegat Bay and Little Egg Harbor are replete with descriptions of the vast amounts of fish available to recreational and commercial fishermen. Based on these descriptions, it is almost inconceivable to think that such vast numbers of fish could be depleted and that human use could outstrip the resource’s ability to replenish itself. Yet, that is exactly what is happening to many of the important finfish stocks in coastal waters of the United States (Fowle, 1993). Human exploitation and habitat loss are affecting the abundance of fish and impacting the commercial fishing industry, as well as the recreational angler. Conflicts have arisen over economic interests versus conservation and sustainability of the resources. For many species, fisheries management now regulates the size of the catch, the gear used to catch the fish, the waters that can be legally fished, how the bycatch is to be handled, and a host of other issues pertaining to fishing in the recreational and commercial fishing industry.
The Magnuson Fishery Conservation and Management Act was passed in 1976 (later amended and reauthorized to become the Magnuson-Stevens Fishery Conservation and Management Act, Public Law 94-265) for the purposes of maintaining the viability of U.S. fish populations for the future. The act pertains to ocean species of fish harvested in federal waters, but many of these species use estuaries as nurseries during the juvenile stage. The act has established the Exclusive Economic Zone (EEZ) to exclude foreign vessels without specific permits. It established eight regional fishery management councils that develop Fishery Management Plans (FMPs) for the EEZ (Fowle, 1993). The Mid-Atlantic Fishery Management Council represents the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia and North Carolina and has authority over the fisheries in the Atlantic Ocean seaward of the states, from 300 to 500 mi (480 to 800 km). Several species managed by the New England Fisheries Management Council can also be found in the waters in and around New Jersey. The 1996 Sustainable Fisheries Act reauthorizing the Magnuson-Stevens Fisheries Management and Conservation Act (MSFMCA) required the identification of "essential fish habitat" (EFH) for all of the species managed by the regional Fisheries Management Councils. The goals of the EFH amendments to the Magnuson Stevens Act include the protection, conservation, and enhancement of the EFH. In Barnegat Bay, Little Egg Harbor and the waters of the Atlantic Ocean off Ocean County, EFH has been designated for 24 species. Offshore management of fish landings can affect bay stocks. The information presented above on the origins of the act illustrates the nature of conflicts between commercial fishermen and recreational anglers.
The management system in place for almost all U.S. marine fisheries is the open access system (Fowle, 1993) that results in a cumulative impact from so many fishermen, both recreational and commercial, without providing for any return of the resource. The open access system is a type of fishery which allows anyone wanting to fish who has the appropriate gear to do so. Even when licenses are required, if the number of licenses is not limited and the holder does not have to abide by quotas or other restrictions to access, the fishery is an open access fishery. The open access coupled with technological advances in fishing strategy, such as fish finders, hydraulic gear, spotter planes, on-board processing equipment, and satellite communication systems has given commercial fishermen the ability to find almost all of the fish, making fish vulnerable to overfishing impacts. Certain fisheries are commercially extinct, since they are depleted to the point where the fishing effort is no longer economically feasible. Not
all species have been assessed for a determination of overfishing. The commercial fishing industry has contributed to the increase in the unintended catch, also known as the bycatch, of fish that are killed by non-selective gear use. The bycatch consists largely of juvenile fish, which further limits recovery of depleted species. Although recreational anglers experience bycatch, the numbers of unwanted fish caught by recreational anglers is significantly lower than that experienced by the commercial fishing industry (Fowle, 1993).It has been estimated that 75% of all commercially valuable fish in the United Sates depend on estuaries and their associated wetlands for some portion of their life cycle (Fowle, 1993). Nursery grounds for juveniles of many marine species are found in these unique inshore habitats. Protection of these habitats in the Barnegat Bay-Little Egg Harbor estuary should be a top priority for any management strategy, since the estuary directly contributes to restoration of the resource. Overfishing increases the impacts resulting from habitat loss, and the combined pressure from overfishing and habitat loss can cause a collapse of fisheries (Fowle, 1993).
Although not specific to Barnegat Bay, conflict arises between the recreational and commercial fisheries due to the dwindling resources and the problems associated with this decline. Recreational fishermen claim that the gear used by the commercial fishing fleets can deplete the resources and limit the recreational angler’s ability to retain a catch. They are more vocal in support of conservation, and protest loans and loan guarantees, tax exemptions, and federal subsidies for overcapitalized fisheries (Fowle, 1993).
Overcapitalization pertains to the commercial fishing industry, and occurs when too many boats pursue too few fish, or the total investment in and effectiveness of gear exceeds what is
necessary to catch the available fish. Size limits and catch-and-release management policies make it extremely difficult for recreational anglers to retain some species for personal consumption. Commercial fishermen claim, on the other hand, that recreational anglers on party and charter boats land as many fish of some species as commercial boats and that improved harvesting methods are required to keep the industry competitive. The federal fishery management polices, however, have generally been responsive to the voices of the people who have a direct and immediate economic interest in how a fishery is managed and regulated. Commercial fishermen are reluctant to accept increased regulation in a fishery where they are catching less than in previous years, exerting twice as much effort, and losing their jobs in some cases because the fishing is no longer profitable. They consider over-regulation as a threat to their livelihood. The recreational fishermen are concerned that overfishing will destroy their traditional catches and that there will be no more fish left to catch, thereby eliminating an important recreational pursuit and the facilities that support the recreational fishing community. They have an interest in restoring a healthy and productive ecosystem by limiting landings of certain species until the resource recovers. Recreational and commercial interests also clash over how many fish are allocated to each fishing group. Preventing overfishing and restoring depleted fish stocks will provide solutions to the conflict between these two groups of fishermen, but accomplishing this goal will be a long-term task, and no one knows when, or if, the stocks will rebound. For example, the porbeagle shark fishery off the U.S. Atlantic coast was decimated in seven years, and 30 years later, the species still had not recovered (Fowle, 1993).The Mid-Atlantic Fishery Management Council has a Scientific and Statistical Committee (SSC) and Advisory Panels (APs) to provide expertise for development of Fishery Management Plans (FMPs). Existing FMP’s for the Mid-Atlantic, as of March 1993, include those for the surf clam (Spisula solidissima), ocean quahog (Arctica islandica), Atlantic mackerel (Scomber scombrus), butterfish (Peprilus triacanthus), long-finned squid (Loligo pealei), short-finned squid (Illex illecebrosus), summer flounder (Paralichthys dentatus), and bluefish (Pomatomus saltatrix). FMP’s for tilefish (Lopholatilus chamaeleonticeps) and spiny dogfish (Squalus acanthias) are under development. The New England Fisheries Management Council has FMP’s for species found in New Jersey waters, such as the monkfish (Lophius americanus), Atlantic sea herring (Clupea harengus), and the northeast multispecies FMP, which includes the winter flounder (Pseudopleuronectes americanus). These plans can require size limits, bag limits, quotas, limits on the number of vessels, restriction on net mesh size, closed areas and seasons, or any other measure to control fishing activity. The Mid-Atlantic Fishery Management Council must carry out the objectives of the Magnuson-Stevens Act, one of which requires conservation and management measures to be based on the best scientific information available. In the past, some council members were reluctant to limit fishing if they did not believe the data conclusively proved that a species was in decline (Fowle, 1993).
The only solution that will alleviate many fishing conflicts is a return of the resources to previous levels of abundance. The Barnegat Bay Estuary Program can recommend the formulation of estuary management strategies aimed at protecting the resources that nurture the larval and juvenile species of recreationally and commercially important fish. A resource management strategy based upon the best scientific information available on a probable species decline will be a key element of that solution.
The 1996 amendments to the Magnuson-Stevens Fishery Conservation and Management Act strengthened the ability of the councils to protect and conserve the habitat of marine, estuarine and anadromous finfish, mollusks, and crustaceans. As noted previously, this habitat is called "essential fish habitat" (EFH) and is broadly defined as waters and substrate necessary to fish for spawning, breeding, feeding or growth to maturity. The act has established measures to protect EFH, including summaries of EFH for selected 10’ x 10’ squares of latitude and longitude along the coast (NOAA/National Marine Fisheries Service, 1999).
There are few written sources of information on the problems of conflicts between commercial fishermen and recreational anglers in the Barnegat Bay-Little Egg Harbor estuary, but there are issues of concern. According to the New Jersey Department of Environmental Protection, Bureau of Shellfisheries, the major conflict is related to boaters, who complain that commercial crab pots interfere with boat navigation in shallow bay areas (James Joseph, NJDEP, personal communication, March 8, 1999). "Commercial crab pot" is a cube or rectangular shaped device not larger than 30 in (76 cm) on a side with openings inward for the entrance of crabs. The buoys and trot lines (a single length of anchored line no longer than 3,000 feet, to which baits or baited barbless hooks are attached) require that boats maneuver around the pots. Boaters complain that they can not navigate in areas where there are many crab pots (Eleanor Bochenek, New Jersey Sea Grant, personal communication, March 4, 1999).
The New Jersey Department of Environmental Protection regulates the blue crab (Callinectes sapidus) commercial crabbing industry through regulations administered by the Division of Fish,
Game and Wildlife’s licensing program (N.J.A.C. 7:14.1-12. Authority: N.J.S.A. 23-2B-6, 23:2B-14, and 50:3-16.13). All provisions of Subchapter 14, Crab Management, were originally adopted pursuant to authority of N.J.S.A. 50:3-20 and became effective June 1, 1977, as R.1977 d.196. Subchapter 14 was amended and adopted as a new rule pursuant to Executive Order No. 66(1978) as R.1985 d.560, effective November 4, 1985. In recent years, blue crab management has made commercial crabbing a "limited entry fishery." The regulatory goal is to reduce the number of crab pot fishermen over time. Those fishermen who drop out of the industry are not replaced. No additional crab pot licenses will be issued until the number of licenses issued decreases below the number issued in 1991 (312 licenses). There are currently still only 312 commercial crabbing licenses for the State of New Jersey, and each license holder in the Barnegat Bay-Little Egg Harbor is limited to no more than 400 crab pots for each license (Bruce Halgren, NJDEP, personal communication, March 8, 1999). License holders can harvest crabs from March 15th to November 30th each year. Hard blue crabs must measure 4.5 in (11.4 cm) across the back from tip to tip of the spikes to be legal. Since the crabs are a limited resource, there have been complaints to the NJDEP from recreational crabbers, who feel that the commercial crabbers take an unfair proportion of available crabs, and that there are not enough crabs left in the bay for them. That perception has caused recreational crabbers to blame commercial crabbers for a perceived lack of crabs. However, placing blame on the commercial crabbers may not be justified. Local baymen with personal knowledge of the bay have stated that the location chosen for crabbing has more to do with the size of the catch than the number of crabs taken by commercial crabbers (D. Hook, proprietor of Double Creek Fishery, personal communication, April 21, 1999).According to the NJDEP, conflicts between commercial and recreational clammers in Barnegat Bay-Little Egg Harbor estuary are so minor that they are not perceived to be an issue requiring regulatory action. Clamming conflicts are related to the minimal stocks in the estuary (G. E. Flimlin, Jr., Ocean County Cooperative Extension, personal communication, March 11, 1999). Contemporary clam stocks are much lower than the level of historical resource stocks. There is an effort on the recreational side to have Sunday clamming approved in New Jersey, but the restriction on Sunday clamming may never be lifted due to the limited resources available and the fear by regulators that lifting the limit would further deplete the clam stocks.
Conflicts exist between recreational clammers and boaters when boats speed past people treading for clams. The boaters are not sensitive to the safety issues of overboard treaders in the congested bay. Recreational clammers have complained that the boat traffic is so intense around Swan Point that they can not work the clam beds (G. E. Flimlin, Jr. Ocean County Cooperative Extension, personal communication, March 11, 1999). Commercial clammers complain about the improper use of personal watercraft and inconsiderate boaters (D. Hook, proprietor of Double Creek Fishery, personal communication, April 21, 1999).
C. Boats and Personal Watercraft
Ocean County has a long history of maritime traditions, which began in colonial times. Boats were the basic means of transportation, and the location of the inlets along the Ocean County coast has played a major role in the settlement and development of the watershed. Sail powered vessels were the most common type of vessel on the estuary until the early to mid-20
th Century, when the development of the gas-powered engine forever changed the nature of boating in the region. As motorized boats began to gain in favor, the power boats and sail boats on the bay were still able to co-exist peacefully. It was not until the mid-1950’s that the numbers of power boats using the bay began to increase substantially, leading to conflicts between the two types of craft. Sailors prefer the experience of using the wind to power a boat. However, sailboats do not have the same maneuverability or speed as power boats and conflicts often arise if proper boating safety practices are not observed, such as giving the right-of-way to boats under sail.Recreational boating has experienced tremendous growth within the last decade. Many marinas are located on both the east and west sides of Barnegat Bay and Little Egg Harbor, and along the major inland tributaries. The tidal portions of the Manasquan River also provide boating facilities which are connected to Barnegat Bay by the Point Pleasant Canal. Boating, along with its associated facilities and traditions, has been a primary recreational industry since the 1800's and is part of the heritage of Barnegat Bay and Little Egg Harbor (Tiedemann et al., 1996).
Personal watercraft (PWC) are classified as boats in New Jersey, but there are several major differences between boats and personal watercraft, the major one being the depth of water in which the PWC can operate. The PWC can maneuver in shallow waters that often contain seagrasses, such as eelgrass (Zostera marina) and widgeon grass (Ruppia maritima). These are also important habitats for fish and wildlife. The turbulence which results from the operation of the water jet pump can uproot seagrasses, cause shoreline erosion, destruction of larval habitat, and the disruption of colonial nesting birds. The roiling of bottom sediments causes sediment resuspension that limits light penetration and may deplete oxygen. Although no studies have been performed to assess PWC impact on the larvae in Barnegat Bay, the U.S. Fish and Wildlife Service estimates that approximately two-thirds of commercial and recreational species of fish and shellfish rely on estuarine marshes for spawning and as nursery habitat (Chin, 1998). SAV beds have also been designated as a habitat area of particular concern for summer flounder by the Mid-Atlantic Fisheries Management Council. In addition to fish habitat destruction, the PWC can maneuver close to islands where colonial birds nest, disrupting the nesting season and causing abandonment. Other impacts of disturbance on birds include permanent loss of habitat, reproductive problems, interruption of courtship, and behavioral changes (Chin, 1998). Emphasis should be placed on educating PWC users about the sensitive nature of the estuary, and how the use of their craft can impact the estuary on several levels. For example, seagrasses, shallow flats, and wetlands may be adversely affected by PWC users. Burger (1996) has recommended a buffer zone around key nesting islands because she has observed PWCs cutting so close to islands that they keep the birds off their nests for hours. During high tide, they may even run over some nests, as well as eggs and chicks hidden in the grass. PWCs can have a devastating effect on coastal creeks and shallow water habitats of the estuary, especially in areas that other craft have not been able to reach.
A variety of other problems are related to the PWCs, such as noise pollution, water pollution from polycyclic aromatic hydrocarbons released in raw unburned gasoline, air pollution, lack of formal safety education of operators, and reduced enforcement due to budget cuts. All of these factors can lead to conflicts between users of the estuary. PWC manufacturers have attempted to address these problems through education and the development of quieter engines (Chin, 1998). Crabbers, anglers, public officials, and members of the public have expressed concerns about the use of PWCs on Barnegat Bay (Burger, 1996; Barnegat Bay Watershed Association, 1998). Given the popularity of this type of water craft, more research is needed to identify all the specific problems with their use in the Barnegat Bay-Little Egg Harbor area. Conflicts between PWC users, the public, and other boaters will continue to exist until environmental restrictions are developed to protect the estuarine resources.
In 1998, Senator Leonard T. Connors drafted NJ S-556, which would give waterfront towns the authority to issue tickets to boaters and PWC operators who violate state safety regulations, if adopted. This bill would allow municipalities to adopt a resolution or ordinance restricting "…the operation of personal watercraft above idle speed within 100 ft (379 m) of residential units, beaches with swimming areas that have boundaries marked by buoys or signs, the shoreline, persons in the water, fishing piers, or other vessels". It would also allow the Bureau of Marine Law Enforcement, or any other officer of a county or municipal police department, to enforce the provisions of the bill. The bill would allow local regulations to hold operators of PWC’s to a higher safety standard, but would not prohibit a legal PWC from operating on state waters. NJ A-419, sponsored by Assemblyman Christopher J. Connors and Assemblyman Jeffrey W. Moran mirrors S-556, with certain additional restrictions (Chin, 1998). The bills proposed by members of the assembly have not yet received the legislature’s approval and the ultimate disposition of this legislation is uncertain.
It is anticipated that the action items included in the Barnegat Bay Estuary Program’s Comprehensive Conservation and Management Plan will include specific management recommendations that will:
•Attempt to mitigate water quality impacts and other impacts associated with development in the watershed through education of stakeholders and involvement of the public in resource protection. It is hoped that increased public awareness about ways to protect the environment, while accommodating responsible development, will lead to actions mutually beneficial to the region’s economic vitality and the health of the estuary and its watershed.
•Attempt to alleviate the conflicts between crabbers and boaters, recreational crabbers and commercial crabbers, and recreational and commercial fishermen by advocating protection of the estuary’s essential fish habitat, providing a forum for exchange of information, and promoting public education about the problems.
•Contribute to development of regulatory guidelines on personal watercraft that will lessen their impact on sensitive habitats in the estuary while still allowing for their proper use.
Barnegat Bay Watershed Association. 1998. Watershed Waves. Newsletter of the Barnegat Bay Watershed Association, Inc., Toms River, New Jersey
Burger, J. 1997. Avian studies on Barnegat Bay. Pp. 345-350 in Flimlin, G. E. and M. J.
Kennish (eds.), Proceedings of the Barnegat Bay Ecosystem Workshop. Rutgers Cooperative Extension of Ocean County, Toms River, New Jersey.
Chin, M. 1998. Issues and problems associated with personal watercraft in Barnegat Bay. Cook College Education Program Paper, Rutgers Cooperative Extension of Ocean County, Toms River, New Jersey.
Fowle, S. 1993. Fish for the future: a citizens guide to federal marine fisheries management. Technical Report, Center for Marine Conservation, Washington, D.C.
McCay, B. J. and W. P. Jenks, III. 1997. From the Goose Bar to Swan Point: reflections on Barnegat Bay clamming. Pp. 299-308 in Flimlin, G. E. and M. J. Kennish (eds.), Proceedings of the Barnegat Bay Ecosystem Workshop. Rutgers Cooperative Extension of Ocean County, Toms River, New Jersey.
New Jersey Department of Environmental Protection. 1996. New Jersey Statewide Water Supply Plan. Trenton, New Jersey.
New Jersey Department of Environmental Protection. 1999. Freshwater Wetlands Rule Development. acreage impacted under general permits since New Jersey assumed the federal wetlands program, March 2, 1994 - June 30, 1998. Internet Site: http://www.state.nj.us/dep/landuse/news/impact.htm
New Jersey Future. 1999. Living with the future in mind. Technical report, State of New Jersey, Trenton, New Jersey.
National Oceanic and Atmospheric Administration. 1999. Guide to essential fish habitat designations in the northeastern United States, Volume IV: New Jersey and Delaware. Technical Report, National Marine Fisheries Service, Gloucester, Massachusetts.
Ocean County Planning Board. 1988. Comprehensive Master Plan: 1997, 1998. Ocean County Data Book, Ocean County Planning Board, Toms River, New Jersey.
Tiedemann, J., M. Danko, and D. McKeon. 1997. From the Goose Bar to Swan Point: reflections on Barnegat Bay clamming. Pp. 283-296 in Flimlin, G. E. and M. J. Kennish (eds.), Proceedings of the Barnegat Bay Ecosystem Workshop. Rutgers Cooperative Extension of Ocean County, Toms River, New Jersey.