[From the U.S. Government Printing Office, www.gpo.gov]



                     A WATERSHED MANAGEMENT
                              PLAN FOR BARNEGAT BAY

                                                         Volume 1: Action Plans


                                                                            A Report of the
                                New Jersey Department of Environmental Protection and Energy
                                                              to the New Jersey Legislature,
                                                  Ocean County Board of Chosen Freeholders,
                                                                    Bay Area Municipalities
                                                             and the People of Ocean County



                                                                                    Draft
                                                                              August 1992


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                                                                      Jim Florio, Governor
                                                                        State of New Jersey

                                                                Scott Weiner, Commissioner
                                                                               New Jersey
                                          Department of Environmental Protection and Energy












                                     This report was funded by the
                     New Jersey Department of Environmental Protection and Energy
                                              and by the
                          Office of Ocean and Coastal Resources Management,
                            National Oceanic and Atmospheric Administration,
                                     U.S. Department of Commerce,
                                under the provisions of Section 305 of the
                     Federal Coastal Zone Management Act P.L. 92-583, as amended.



























                                US Departmenj of Commerce
                           NOAA Coastal Services Cc-ater Library
                                 2234 South Ilo?as3m Avc-nue
                                 Charleston, SC 29405-2413


              Cover Photo.- Barnegat Bay Catboat "Vim". Built in 1900 by Morton
             Johnson of Bay Head, NJ and still used to sail the Bay.








                   Theresa Fowler, Project Manager


                   Martin Bierbaum, Administrator, Office of Regulatory Policy
                   Robert Tudor, Administrator, Land Use Regulation Program



                   Contributors:

                   New Jersey Department of Environmental Protection and Energy

                   Larry Baier                   Janet Jessel                  Hilary Russell
                   Bob Beck                      Renee Jones                   Laurie Sands
                   Jill Bennis                   Jim Joseph                    Paul Scarleft
                   Tom Breden                    Gene Keller                   Bob Scro
                   Michelle Crew                 Joseph Kocy                   Sue Shannon
                   Gale Critchlow                Captain James Momm            Judy Shaw
                   Victoria Crouse               Larry Niles                   Larry Thornton
                   Bruce Halgren                 Carl Nordstrom                Larry Torok
                   Sue Halsey                    Tony Petrongolo               Susan Tsou
                   PaulHauge                     Kerry Pflugh                  John Tyrowski
                   Kyra Hoffmann                 Elizabeth Rosenblatt          Bill Vibbert
                   George Horzepa                Bruce Ruppel                  Steven Whitney
                   Steve Jandoli



                   Barnegat Bay Citizens Advisory Committee

                   Bert Alexander                Charlie Gallant               Connie Pilling
                   Bob Ansteft                   Allen Halliday                Art Richmond
                   Richard Beer                  Ed Harrison                   Liz Santomauro
                   Hon. Carl Block               Anne Hruza                    Charles Schroth
                   Eleanor Bochenek              Denis Hruza                   Jean Schroth
                   Roger Brown                   Rich Kunze                    John Sly
          %4       Willie deCamp                 John LaMaochia.               Ken Smith
                   Tammy DeGiacomo               Jan Larson                    Evan Spalt
                   Dave DiPaolo                  Frank Livelli                 John Tiedemann
                   Gef Flimlin                   Rick Mellerup                 Jay Vouglitois
          Sa-
                   Britta Forsberg               Jan Niemira                   Jerome Walnut
                   Tom Fote                      Shaun O'Rourke                Ken Winter
                   David Friedman                Hon. John Peterson









                  PREFACE

                         Government jurisdictions, throughout the United States, are grappling
                  with balancing issues of population growth and economic development with the
                  protection of increasingly scarce environmental resources. Meaningful
                  management approaches no longer presume simple trade-offs between
                  economic growth and environmental protection. Instead, they recognize that
                  economic vitality and environmental protection are inextricably tied and related
                  to maintaining and improving an attractive quality of life.

                         Nowhere is this interdependence between economic development and
                  the environment better illustrated than at the point where the land meets the
                  sea. This Barnegat Bay study and Management Plan provide an opportunity to
                  improve the understanding of this relationship, and to take actions based on
                  that improved understanding. Moving from the Hudson River through Newark
                  Bay to the Hackensack, Passaic and Raritan River basins to the back bays that
                  characterize the Jersey Shore, we experience a variety of water quality,
                  diversity of habitat and range of ecosystem health and vitality. Each of these
                  characteristics is directly related to the density and intensity of land uses as well
                  as the management practices used to protect the environmental resources.

                         The Barnegat Bay provides an interesting case study. In some ways, in
                  light of the density and intensity of development that surrounds the Bay, it is at
                  an important crossroads. Affirmative management practices are required to
                  maintain the Bay's viability as both a valuable environmental resource and
                  focus of human economic activity. Continued haphazard development will only
                  impair its future viability.

                         The need for an affirmative management approach leads to a number of
                  fundamental questions for which we are only beginning to develop answers.
                  Are there limits to the development that ought to occur adjacent to the Bay?
                  Might those limits be extended by improving the quality of development around
                  the Bay? Can carrying capacities with respect to Bay resources be
                  established? Are there performance guidelines that ought to be set in line with
                  those established carrying capacities? Whdt are the Best Management
                  Practices to ensure the Bay's future health?

                         In posing these questions we are just beginning to embark on the quest
                  for meaningful answers, we are proposing to explore both the science and the
                  values associated with the future use of this increasingly fragile, shallow bay
                  ecosystem. The importance of the Barnegat Bay and this Study transcend this
                  particular New Jersey estuary.

                         This study draws from other estuarine studies and will, in turn, add to that
                  growing body of literature. Some of the studies drawn from most heavily are the
                  Chesapeake Bay 2020 Plan, The Puget Sound Water Quality Managemeol
                  Plan, Delaware Lagoon Study and The City of Virginia Beach Back Bay
                  Management Stu&. By building upon these earlier works, this Barnegat Bay



                                                           i








                  Study will further our understanding of the ecological underpinnings and
                  human use interactions wherever the land meets the sea.

                        This study also emanates from years of accumulated local experience
                  and knowledge.1t was local concern that led to the New Jersey State
                  Legislature's enactment of P.L. 1987, Chapter 397. This Act mandated a study
                  of the Bay and the effects of the area's growth on this important resource.

                        The focus of this study, which is the Bay, necessarily encourages
                  regional perspective. In this way, this study is consistent with similar studies
                  such as those mentioned above. By regional we mean a perspective that is
                  greater than municipal, but also one that is less than statewide. The region is
                  the Barnegat Bay along with the area drained by the waters that ultimately flow
                  into that Bay. This Barnegat Bay watershed is largely contained within Ocean
                  County. The political, legal and administrative convenience of this situation
                  promises an important future role for Ocean County. Such an approach is
                  consistent with the State Legislative intent in mandating this Study. Historically,
                  regional planning efforts have been plagued by a lack of coincidence between
                  regional resource protection and an appropriate jurisdictional entity to do the
                  job. Ocean County, with the continuing support of its governing body and
                  planning board hopefully avoids this problem.

                        Finally, it is important to acknowledge the nature of the process that has
                  led to the development of this Plan. The planning process has been interactive,
                  acknowledging the importance of public participation in the development and
                  eventually the implementation of an effective plan. The Plan is the embodiment
                  of a great effort that began with preliminary consultant reports, considerable
                  New Jersey Department of Environmental Protection and Energy activity, and
                  significant contributions from local officials and citizen advisory groups whose
                  members volunteered their valuable time and effort to enhance the value of the
                  Plan. Special thanks are in order here for those volunteer citizens who
                  contributed so muchof their time and energy.

                        We do not expect that this process will abruptly cease with the release of
                  this Waterghed Manggement Plan for Barnegat Ba. To the contrary, we expect
                  that the productive interaction among the various levels of government and
                  between professional and citizen advisory groups will continue as the
                  Watershed Management PI n fgr Barnegat Bay is eventually implemented. The
                  release of this Plan is closer to the beginning, rather than the end of an
                  important planning process.









                 EXECUTIVE SUMMARY

                        The Barnegat Bay, a 75 square mile ecosystem, is an environmentally
                 sensitive estuary, replete with aquatic vegetation, shellfish beds, finfish habitats,
                 waterfowl nesting grounds, and spectacular vistas. Yet, the Bay is relatively
                 shallow throughout, allowing for only slow mixing and flushing, which
                 necessarily leads to the estuary's heightened environmental sensitivity.

                        The Barnegat Bay drains from an area of approximately 450 square
                 miles. In terms of land uses, the Barnegat Bay watershed area consists of four
                 different sub-areas: the barrier islands which are heavily developed with the
                 exception of Island Beach State Park; the northeastern mainland area which is
                 heavily developed with very little dedicated public open space; the less densely
                 developed southeastern mainland area with -protected environmentally
                 sensitive areas such as the Barnegat National Wildlife. Refuge and the
                 Manahawkin Fish and Wildlife Management Area; and the western side of the
                 watershed which has very low density development and is protected by the
                 Pinelands Comprehensive Management Plan.

                        The watershed area is now the year'round home for nearly 435,000
                 people, a population which more than doubles during the summer season.
                 Municipalities on the barrier islands bordering the Bay on the east may
                 experience a ten-fold increase in population. Moreover, the entire watershed
                 has undergone dramatic growth since 1950. During the 1980's the
                 municipalities surrounding the Bay reported population expansions that on
                 average exceeded 20%. Boat traffic has also significantly grown on the Bay.
                 This increased traffic is tied to commercial and recreational fishing as well as
                 expanded recreational boating use throughout the State and has raised
                 concerns with respect to both use conflicts and the cumulative impacts on the
                 Bay's water quality.

                        The intensity of changing landuses surrounding the Bay is having
                 important, and often degrading, effects. Most significantly, water quality in the
                 Bay is being degraded by nonpoint sources of pollution. The relationship
                 between land use and water has been clearly established. Through the natural
                 forces of wind, rain and gravity, what is on the land slowly makes its way to the
                 water unless efforts are taken to prevent this flow. It is expected that the primary
                 cause of this pollution is development on the land and the activities associated
                 with development such as motor vehicle use and lawn and garden
                 maintenance. The proliferation of impervious surfaces exacerbates this
                 situation by reducing the opportunities for infiltration of water and associated
                 pollutants into the soil. No one consciously intends to destroy the
                 environmental quality of Barnegat Bay. Indeed, many of those who may
                 unwittingly contribute to the Bay's gradual degradation are those who most
                 value its beauty and productivity as a natural resource. Yet, it is the cumulative
                 results of seemingly innocuous everyday activities in and around the Bay that
                 are slowly degrading the environmental quality of the Barnegat Bay.




                                                         i








                        The New Jersey State Legislature recognized this concern with its
                 passage of the Barnegat Bay Study Act, P.L. 1987, Chapter 397 in 1987. The
                 Act defined "bay area" as that area of Ocean County comprising Barnegat Bay
                 and all lands within the Bay area municipalities located between Barnegat Bay
                 and the first public road of the Bay area municipality. However, since the water
                 draining into the Bay emanates from the entire watershed and carries impurities
                 it picks up as it travels across the land, the New Jersey Department of
                 Environmental Protection and Energy (DEPE) and the citizen advisory group
                 expanded the study area to include the entire watershed to enhance its
                 ecological perspective. For ease in planning and because relatively little of the
                 watershed lies within Monmouth County, the Ocean County limit was chosen as
                 the northern boundary of the study area. New Jersey Route 72 was legislatively
                 defined as the southern boundary because it is considered by many to define
                 the geographical difference between Barnegat Bay and Little Egg Harbor. The
                 Act also called for a study of the nature and extent of the impact of development
                 upon the Bay, the creation of a Barnegat Bay Study Group to supervise this
                 study, and development of an appropriate land use and environmental
                 management plan for consideration by all levels of government.

                        Once constituted pursuant to the Act, the Bamegat Bay Study Group and
                 the DEPE responded by embarking on a three-phased study. The first phase of
                 the study was completed in March 1990. That phase culminated in a report
                 entitled Profile of the Barnegat Bay. The Profile provides a characterization of
                 existing conditions and anticipated trends with respect to Bay water quality. It
                 also importantly identifies a number of data gaps, suggesting directions for
                 further future inquiry.

                        The second phase of the study was completed in August 1990. This
                 phase resulted in a report entitled Mgnagement Recommendatigns for the
                 Barnegat D.U. It suggests a number of management initiatives, building on the
                 information presented in the earlier Profile of the Barnegat Bay.

                        Finally, the third phase of the study is represented by A Watershed
                 Management Plan for Barnegat M. However, the Plan itself only partially
                 represents the extensive planning process which was undertaken to produce it.
                 This process included the interaction between a citizen advisory group and
                 DEPE personnel over a four-year period. The watershed management plan
                 presents a multi-objective management approach directed at achieving
                 meaningful and measurable improvement to the quality of life and natural
                 resources of the Barnegat Bay.

                        A Watershed Manaaement Plan for Barnegat Bay is divided into seven
                 chapters, each with a set of individual action plans. The seven chapters are the
                 following: Watershed Management, Sensitive Area Protection, Water Area and
                 Use, Fisheries Management, Public Access, Public Participation and Education,
                 and Research and Monitoring. The action plans each include a rationale and
                 identification of implementation requirements. Ideally, all of these
                 recommended actions will be implemented. However, in recognition of
                 anticipated constraints, action plans were also prioritized.


                                                        i v









                        A theme that runs throughout the plan is that of the need for public
                 outreach and education. Effective long term improvement of the ecosystem and
                 quality of life in the Barnegat Bay watershed is dependent upon all residents
                 and users of the area understanding the role that each of us plays in the health
                 of the Bay.

                        A key component of this educational process and a priority action will be
                 the establishment of a Barnegat Bay Watershed Association by residents of the
                 area. This organization will concentrate on environmental issues within the
                 watershed and serve as an advocate on behalf of the Bay's environmental
                 protection, with education as its primary concern.

                        Another important management recommendation is that of sensitive
                 areas acquisition by both public and private entities. The bayshore is already
                 extensively developed. Many important habitats have been lost, making the
                 remaining ones all that much more critical.

                        There is also a significant need for sensitive areas, including all water
                 bodies, to be protected by "Best Management Practices", especially provision of
                 sufficient buffers. These buffers will be important in limiting human impact on
                 critical habitats and will reduce the pollutant loading of nonpoint source runoff
                 before it contaminates a river or the Bay and should be provided for through
                 government regulation and private conservation easements.

                        Finally, the Plan recognizes the dearth of data related to the Bay's
                 ecosystem. This situation needs to be remedied by the initiation by DEPE of an
                 effective research, monitoring and assessment process to make future planning
                 more meaningful.

                        How will the Watershed Management Plan for Barnegat BU be
                 implemented? No one institutional entity will be charged with the
                 implementation of the Plan. Instead, just as existing conditions are a collective
                 result of individual actions, the plan anticipe!tes that its implementation will be
                 the result of numerous actions by various levels of government, the private
                 sector and, very importantly, individuals through the judicious selection of
                 lifestyle choices. No new planning or regulatory entity is recommended Rather,
                 an effort is made to suggest rearrangement and augmentation of existing
                 influence and authority in order to encourage efficiency of planning and
                 regulation.

                        Obviously, the State of New Jersey, the County of Ocean, and the various
                 municipal jurisdictions that fall within the watershed area will play important
                 roles. The State's most important responsibilities focus less on regulation and
                 involve more provision of technical assistance and funding to local levels of
                 government. However, some legislative changes to coastal zone management
                 policies may also be required in order that they may more comprehensively and
                 effectively protect the coast.



                                                          v








                        Ocean County government offers special promise with respect to the
                 future management of the Bay. While the watershed area and the boundary of
                 the County do not precisely coincide, they match closely enough to have the
                 County be responsible for serving as the logical regional planning entity to
                 protect this valuable regional resource. Ocean County provides a convenient
                 and effective political and administrative jurisdictional unit which provides both
                 regional perspective and local knowledge. Assigning this Bay-focused regional
                 planning responsibility to the County obviates the need to introduce yet another
                 level of government administration.

                        Municipalities are urged to make full use of their planning and zoning
                 powers under the Municipal Land Use Law to ensure the protection of the
                 Barnegat Bay. Municipalities would greatly improve the situation by ensuring
                 that plans and zoning are consistent with each other and with this plan and that
                 development applications receive a thorough environmental review. Provisions
                 in the Municipal Land Use Law that encourage regional coordination should be
                 fully employed (N.J.S.A. 40:55D-77-88).

                       Finally, the proposed Watershed Association is expected to play a key
                 role in implementation. This role will include both public education and serving
                 as a watchdog to monitor the activities of the various levels of government and
                 the private sector to make certain that the Bamegat Bay as a valuable regional
                 resource is adequately protected.



























                                                      v i









                                                                      VOLUME I

                        TABLE OF CONTENTS

                        Chapte

                        PREFACE       ...............................................................................................................

                        EXECUTIVE SUMMARY                ...................................................................................... iii

                        I        INTRODUCTION

                                          Present Conditions and Trends             ..................................................2

                                          Problems Presented by the Trends               ...........................................6

                                          An Aftemative Vision        ....................................................................7


                                          Statement of Goals        .......................................................................8

                                          Land Use Management Tools               ....................................................9

                                          Structure of the Plan       ..................................................................... 10


                        11       WATERSHED MANAGEMENT                      ............................................................... 13

                        III      SENSITIVE AREAS PROTECTION                      ........................................................ 61

                        IV       WATER AREA AND USE                ...................................................I...................... 87

                        V        FISHERIES MANAGEMENT                   ................................................................... 133

                        VI       PUBLIC ACCESS           ..................................................................................... 155

                        VII      PUBLIC PARTICIPATION AND EDUCATION                           ...................................... 171

                        VIII     RESEARCH AND MONITORING                      ............................................................ 191

                        GLOSSARY         ............................................................................................................ 219

                        BIBLIOGRAPHY          ...................................................................................................... 235

                        INDEX BY SUBJECT             ............................................................................................. 241

                        INDEX BY LEAD RESPONSIBILITY                    .................................................................. 243







                                                                           vii









                        LIST OF TABLES


                        Table                                                                                                Page

                        1        Ocean CountyPopulation             ..........................................................4

                        2.       Population Estimates and Projections and Associated.
                                                                                         Housing Requirements 6

                        3.       Trends: Impervious Cover and Associated Pollutants                                  .........6

                        4.       Clam Landings        ........................................................................................ 134

                        5.       Blue Crab Landings          ............................................................................... 138

                        6.       Eel & Winter Flounder Landings                ...................................................... 139

                        7.       Monitoring Parameters and Objectives                     ....................................... 195

                        LIST OF FIGURES


                        Figure                                                                                                Rao

                        1 .      Bamegat Bay Study Area             ...................................................................3

                        2.       Watershed Boundaries            ........................................................................ 16


                        3.       Colonial Waterbird Nesting Sites               .................................................. 70

                        4.       Eel Grass Beds        ........................................................................................ 105


                        5.       Hard Clam Beds         ....................................................................................... 137

















                                                                         viii









                                               VOLUME 11

               APPENDICES

                      1. Authorizing Legislation

                      2. Profile of Barnegat Bay

                      3. Management Recommendations for Barnegat Bay

                      4. Development Related Pollutant Loadings

                      5. Growth Management Options
                      6. List of Agencies and Organizations
                      7. Model Ordinance for Creating an Environmental Commission

                      8. Model Ordinance for Plan Review

                      9. Sample Watershed Association Bylaws
                      10. Description of Delaware River Keeper Program

                      11. N.J. Department of Environmental Protection and Energy,
                            Environmental Commission Grant

                      12. Landscaping List of Native New Jersey Plants

                      13. Examples of County Open Space Referenda

                      14. Model Ordinance for Tree Protection

                      15. Massachusetts River Protection Act

                      16. Massachusetts Endangered Species Act
                      17. U.S. Environmental Protection Agency's Nonpoint Source Pollution
                            Management Measures for Marinas and Recreational Boating

                      18. Waterfront Public Access Sites

                      19. Potential Public Access Sites

                      20. Funding Sources for Public Access Programs

                      21. Research and Monitoring Programs







                                                   i X









                                          CHAPTER 1: INTRODUCTION

                  BARNEGATBAY .. Seventy five square miles of richly populated estuarine
                  ecosystem ... Replete with densely vegetated eelgrass beds ... Home to the
                  ecoriomically important blue crab and hard clam ... Year-round nursery for winter
                  flounder .. Nesting grounds for the endangered least tern ... Critical overwintering
                  site for large numbers of Amefican black ducks and Atlantic brant .. Feeding site
                  for populations of otters ... Provider of numerous scenic views ... Prime
                  recreational area for a variety of waterborne vehicles ... Recipient of drainage
                  from 450 square miles of land populated by approximately 433,203 people in
                  winter and two times as many in summer .. Provider of 1, 739 cubic meters per
                  minute of cooling water for a nuclear generating station...

                         ... an ecosystem at a crossroad, both in terms of its long term viability and
                  in terms of the commitment of the people of New Jersey to provide for sound
                  environmental management.



                         Barnegat Bay in Ocean County, New Jersey, provides innumerable
                  recreational, economic, and aesthetic benefits for residents and visitors alike;
                  benefits that are strongly dependent upon the overall vitality of the Barnegat
                  Bay ecosystem. And, like watersheds elsewhere, the Barnegat Bay basin is
                  currently experiencing development pressure which is adversely affecting both
                  water quality and the ecosystem in general.

                         In response to growing concerns about the impacts of development, the
                  New Jersey Legislature passed an Act requiring a study of the nature and
                  extent of development impacts upon the Bay. The Act, P.L. 1987, Chapter 397
                  (Appendix 1), created the Barnegat Bay Study Group and mandated a study of
                  the Bay and its watershed. In particular, it directed the Study Group and the
                  New Jersey Department of Environmental Protection and Energy (DEPE) to
                  accomplish the following:

                         1. Assess whether land development in the Bay area has reached such
                         a level that further growth could not be accommodated without a
                         significant effect upon the water quality of Barnegat Bay or the general
                         vitality of the Bay area ecosystem, and, if that level has not yet been
                         reached, determine the extent to which further growth can be so
                         accommodated;

                         2. Assess the navigability of Barnegat Bay and make recommendations
                         as to how it may be improved;

                         3. Assess whether boat traffic on Barnegat Bay has reached such a level
                         that additional traffic could not be accommodated without a significant
                         effect upon the water quality of Barnegat Bay or the general vitality of the
                         Bay area ecosystem, or threat to the public health and safety, and, if that
                         level has not yet been reached, determine the extent to which additional
                         traffic can be so accommodated; and









                       4. Develop appropriate standards and controls and institutional
                       alternatives to be considered for adoption and application by all levels of
                       government in those circumstances, if any, where additional growth may
                       be permitted in the Bay area.

                       5. Based on 1 - 4 above, prepare a comprehensive land use and
                       environmental management plan for the Bay area, which plan shall
                       address the concerns about the impact of further development in the Bay
                       area and include recommendations for appropriate action by the
                       Legislature, the Department, other State agencies, Ocean County, and
                       Bay area municipalities.

                       This report is the third part of a three part study of the Barnegat Bay. The
                first part of the study, the Profile of the Barnegatku (Appendix 2), was a
                characterization of conditions and trends in Bay water quality, ecosystem
                vitality, and human activities that rely on or affect the Bay. The second part of
                the study, Management Recommendations for the Barnegat Bay. (Appendix 3),
                was an assessment of alternatives for managing the Bay based on the results of
                the Profile and on issues of importance to the public. This third element of the
                planning process, a land use and environmental management plan for the Bay
                defines a multi-objective management approach directed at achieving
                meaningful and measurable improvement to the quality of life and resources in
                the Bay area. This is intended to be a non-regulatory approach; the purpose is
                to provide a guide plan which will raise the level of public debate by raising
                people's awareness of the management options available to them.

                PRESENI CONDITIONS AND TRELIDS

                       The Profile of the Barnegat Biay provided a detailed characterization of
                the physical environment and biological productivity of the Bay. The following
                data is a synopsis of that information.

                Geography
                       The Bame,gat Bay watershed lies in the coastal plain of New Jersey with
                topography gently sloping down to the estuary. The Bay itself is relatively long
                and harrow, lying between the mainland and a system of barrier islands. The
                water ranges in depth from less than 1 foot deep to about 13 feet deep.

                       For ease in planning and because relatively little of the watershed lies
                within Monmouth County, the Ocean County limit has been chosen as the
                northern boundary of the study area. New Jersey Route 72 was chosen as the
                southern boundary because it is considered by many to define the geographical
                difference between Barnegat Bay and Little Egg Harbor. Hence, the study area
                for the Watershed Management Plan for Barnegat Bay includes all or portions of
                29 of the 33 municipalities in Ocean County (see Figure 1). It is expected that
                many of the management recommendations provided in this plan can be
                applicable to other areas and that future planning and implementation efforts
                may call for expansion of the defined study area.



                                                      2



                                                                       FIGUR            1%
                              Barnegat Bay                                       E 1  Study Area


                                                                                                            Plea@unl     Point
                                                                                                                         Pleasor"i
                                                Jackson                                                                  Beach

                                                                              Lakewood            Br'!ck                 Boy Head
                   Plumsted                                                                                          Mantoloking


                                                         Lakehurst                 Dover
                                           Manchester                                        11 d
                                                                                            H"9   s
                                                                   South                     eight               Lovollette
                                                                   Toms River
                                                                                                                 Seaside
                                                                    er eley           Pine                       Heights
                                                                                      Beach0cec'                 Seaside
                                                                               Beachwood     Cate                Park


                                                               Lacey






                                                                    Ocean
                                                                     Bornegot                 C3         Bornegat
                                                                                                         Light             Locotion map
                                                                                                   \Long Beach
                                                                       Stafford          ba              (port)
                                                                                                   Harvey Cedars
                                                                                             \Long Beach
                                                                                                   (part)
                                              Little        Eagleswood          f            Surf City
                                              Egg Harbor                                 Ship Bottom

                N                                                                   Long Beach
                                                            Tuckerto                  (port)
                         0
              NJDLPE                                                                                                            Study Area
                                                                               Beach Haven                                      Boundary

                                                                      Long Beach
                                                                         (part)                                       Source:     NJDEPE GIS








               Population and Employment
                      The population of Ocean County has continued to grow each decade
               since the County's formation in 1850. Ocean County grew by 137,568 people
               between 1970 and 1980. An additional 87,165 people were added between
               1980 and 1990. The 1990 population was 433,203, an increase of 224,733
               people from its 1970 population. Population growth is expected to slow during
               the next two decades. Rutgers University Center for Urban Policy Research
               projections expect an increase of nearly 134,000 people by the year 2010.
               Ocean County Planning Board, as part of the State Development and
               Redevelopment Plan negotiations, projected growth of nearly 127,000
               additional residents. Although this increase is smaller than the growth of the
               previous two decades, it does represent a 30% increase in the population of
               Ocean County in the next 20 years. Since 1950 Ocean County has had the
               greatest population growth in New Jersey and it is estimated that it will continue
               this trend.

                                                 Table 1
                                     OCEAN COUN POPULATION

                                  Ym           Population        % Changa
                                  1950           56,622-         ---------------
                                  1960         108,241-          +91%
                                  1970         208,470*          +95%
                                  1980         346,038*          +66%
                                  1990         433,203*          +25%
                                  2000         502,833**         +16%
                                  2010         575,069**         +14%

                  Ocean County Planning Board
                 Rutgers University Center for Urban Policy Research

                     Available employment data indicates a similar growth pattern. Ocean
               County employment grew by 38,000 workers between 1980 and 1990, from
               77,300 to 115,3013. This represents a 49% increase in the employment base.
               The sectors experiencing the largest gains were services, finance, insurance
               and real estate, and wholesale trade. With continued growth in these sectors,
               projections to the year 2600 show an addition of 32,600 employees.

               Existing Land Use
                     In terms of land use, the watershed can be characterized as consisting of
               four different subareas, all of which have residential uses as the primary type of
               development. The first area, the barrier islands, is very heavily developed with
               the exception of Island Beach State Park. The northeastern mainland portion of
               the study area, from Toms River northward, is heavily developed and has
               relatively little dedicated public open space. The southeastern section is
               currently less built up, with development mostly occurring along the Route 9
               corridor. Much of the vacant area is environmentally sensitive and/or comprised
               of the Barnegat National Wildlife Refuge or the Manahawkin Fish and Wildlife
               Management Area. Much of the western side of the watershed has very low
               density development and is protected from extensive growth by the Pinelands
               Comprehensive Management Plan. There are also large tracts of dedicated
               public open space in this area.



                                                   4








                  Water QuaMy.
                         Water quality in the Bay is being degraded by nonpoint sources of
                  pollution. It is expected that theprimary cause of this pollution is development
                  on land and the activities associated with development (e.g., vehicle use, lawn
                  and garden maintenance, septic systems), although other sources, such as
                  boats and wildlife populations, are contributors to the pollution problem.

                         Current conditions in the Bay appear to reflect excessive nutrient inputs,
                  resulting in high levels of phytoplankton growth and turbidity. These conditions
                  in turn can upset the natural balance of the Bay ecosystem, although there is
                  insufficient information available to determine whether impacts to populations
                  are occurring. Coliform pollution is also evident in the Bay, as indicated by
                  water quality monitoring and shellfish bed restrictions. Coliform pollution has
                  resulted in direct impairment of human use of the Bay by resulting in restrictions
                  on swimming and shellfish harvesting. Although metals contamination has
                  been found in the sediments of some portions of the Bay, the extent of this and
                  other forms of pollution is not known due to limitations in the amount of
                  monitoring data available.

                         In general, development in the Barnegat Bay watershed has led to
                  degradation of the Bay and its resources. All factors being equal, it is clear that
                  more development will lead to more degradation. Approximately .34,000
                  dwelling units were built in the study area between 1972 and 1986. At least
                  65,000 additional units can be accommodated based on current zoning and
                  development constraints such as wetlands and floodplains. In fact, the rate of
                  degradation is likely to exceed the rate of development, given the pattern of low-
                  density, segregated-use development that current zoning in the watershed
                  encourages. The following tables demonstrate the general trend of population
                  growth, housing demands and possible related pollutants running off into the
                  Barnegat Bay area's waters. Although the extent of the watershed includes
                  most of Ocean County and, therefore, statistics for the County as a whole are
                  generally applicable, population figures have been further broken down to more
                  closely represent the watershed. However, the following population estimates
                  and projections include the entirety of any municipality which lies partially in the
                  watershed (i.e., 29 of the 33 municipalities ifi Ocean County), while the pollutant
                  loadings are presented for the watershed exclusively. It is unknown what the
                  exact relationship is between the population and dwelling-unit projections and
                  the zoned capacity of the watershed, but the tables serve to demonstrate the
                  growth of the watershed and what pollutant loadings we are at least
                  approaching. (see Appendix 4 for details.)











                                                           5









                                                    TabLP-2

                     POPULATION ESTIMATES AND PROJECTIONS AND ASSOCIATED
                                          HOUSING REQUIREMENTS

                                                                 Dwelling
                                           Population          Units Reguired
                       1972*               226,265              87,025
                       1986*               396,664             152,563
                       1990**              413,871             160,745
                       1995**              448,975             177,356
                       2010**              548,132             224,815

                    Ocean County Planning Board
                   Rutgers University Center for Urban Policy Research

                                                    Jable 3

                       TRENDS: IMPERVIOUS COVER & ASSOCIATED POLLUTANTS

                                           Pollutant Export - lbslyear*
                                     DISMI        i2liffil     BOD           Extractable
                       Year         P              N           5-day        Zn     a
                       1972         16,779       128,742      329,178     2,428 1,216
                       1986        32,123        229,816      583,269      4,572   2,359
                       Zoning       72,939        561,571     1,430,970 10,389     5,304

                  Schueler, 1987 and Cahill, 1992

                PROBLEMS PRESENTED BY THE TRENDS

                       The problems found in the Barnegat Bay watershed reflect the unique
                character of the area and offer an excellent opportunity for addressing these
                issues, though they are not found exclusively in that region. The issues are,
                rather, representative of universal problems related to humankind's living on the
                earth. They are issues of continued population growth and economic
                development. They are issues surrounding how we choose to develop and use
                the land and water. All result from an increasing number of people living in and
                visiting the watershed and creating a demand for more houses, shops, offices,
                roads, recreation areas, sewage and trash disposal, and other goods and
                services. These land requirements then consume open space, create negative
                impacts on environmentally sensitive areas and limit the land available for
                public access.

                       The impacts of development result not only from the amount r equired, but
                also from its form and function. Much of the bayshore portion of the Bamegat
                Bay watershed consists of very densely built residential areas. Other portions of
                the watershed are less densely populated and are more representative of a
                typical American suburban or rural setting. Both of these patterns of
                development involve the separation of residences from workplaces and
                services. Thus, the existing form of development calls for extensive use of


                                                        6








                 automobiles and, hence, large paved areas for roads and parking. Rainfall then
                 picks up the automobi le-gene rated contaminants on the roadway, runs off of the
                 impervious surface and often finds its way into the watercourses leading to the
                 Bay.

                        The function of, or standards related to, development is also important in
                 the equation involving growth and environmental h   ealth. For example, a
                 natural and critical buffer, filter and habitat is eradicated when native trees and
                 vegetation are removed from shorelines. The streams, rivers and Bay are thus
                 rendered more vulnerable to pollutants. This situation is often exacerbated by
                 the planting of non-native species which may require significant quantities of
                 fertilizers and pesticides to thrive. Public strategies to address the impacts of
                 growth and development are imperative even if we are to just maintain the
                 status quo.

                        As well as the above-mentioned land use related impacts, the continued
                 growth and development of the watershed has proved to have significant effects
                 on the use of the water area in the Bay. Increasingly large numbers of people
                 are wanting to use the Bay for all forms of recreational as well as commercial
                 uses. As a consequence, growing conflicts have developed between the users
                 concerning individual rights on the Bay. Concerns have also been raised about,
                 the impact of certain types of water area use on the quality of life of those living
                 at the waters edge and disputes have arisen over the effects of some vessels
                 and activities on the natural environment. A comprehensive set of policies is
                 called for to address these impacts of growth and development on the water
                 area.


                 AN ALTERNATIVE VISION

                        The current rate at which environmental degradation accompanies
                 growth need not represent destiny; proper use of management techniques can
                 contribute to simultaneous economic and environmental vitality. Although our
                 activities in the watershed are inevitably connected to environmental
                 disturbance and degradation, we can affect the type of pollutants and the rate at
                 which they are introduced by choosing appropriate practices. An alternative
                 vision of the future can guide our activities.

                        Such an alternative vision may include all levels of government
                 coordinating to promote efficient development patterns which require minimal
                 use of private automobiles and maximize accessible common open space.
                 Environmentally sensitive areas are protected while personal property rights
                 are respected. All citizens have adequate access to the bayshore in order to
                 enjoy fishing, picnicking, boating, etc. The swimmer, the fisherman and the
                 casual boater alike enjoy the Bay with a sense of safety. The assimilative
                 capacity of the Bay has been determined and development is carefully
                 constructed to minimize its contribution to pollutant loading. All residents and
                 visitors to the area are aware of the special qualities of the Barnegat Bay
                 watershed ecosystem and how they can contribute to its health. Stewardship of
                 the land and Bay has become a practice of each citizen. The health of the


                                                        7








                 environment and the quality of life have improved and all are pleased to live in,
                 visit or locate a business in the area.

                        What are the next steps to realizing this vision?










              STATEME

                   This multi-year three part study involved significant coordination and
              public participation with citizens who live, work and recreate in the Bay area. A
              citizens advisory board was formed (see List of Contributors) to identify the
              issues and objectives of most concern to the citizens of Barnegat Bay
              watershed and, thereby, define the focus of the plan. The goals and objectives
              obtained from this process are listed below:

              Goal 1     Maintain Shoreline Open Space
                         ï¿½ Identify and protect significant waterfront habitats
                         ï¿½ Require development designs that minimize impacts to natural
                              habitats and maintain wildlife corridors
                         ï¿½ Allow only water dependent uses at the water's edge
                         ï¿½ Cluster waterfront uses to minimize open space consumption.
                         ï¿½ Clustering should be permitted only if supported by existing
                              infrastructure

              Goal 2     Maintain and Enhance the Recreational Fishing,
                         Waterfowl Hunting and Trapping and Commercial
                         Fishing Potential of the Bay
                         * Provide opportunities for shoreline access for the non-boating,
                              fishing public at well planned intervals
                         *Provide adequate infrastructure including parking facilities
                         * Restore and maintain water quality at levels to sustain directly
                              harvestable and consumable shellfish (bivalve) populations
                         * Protect water's edge wetlands and submerged aquatic
                              vegetation
                         * Ensure that harvests do not exceed sustainable yields
                         * Ensure that opportunities are provided for both recreational and
                              commercial fishing

              Goal 3     Provide Opportunities for Boating and Water Contact
                         Sports
                         ï¿½ Provide adequate infrastructure at access points including
                              parking facilities and pump out stations
                         ï¿½ Ensure that boat use does not exceed the carrying capacity of
                              the Bay
                         ï¿½ Ensure that opportunities are provided for both motorboating and
                              sailing
                          Ensure safe boating conditions
                          Ensure that boat use does not conflict with water contact sports
                          Minimize water quality impacts associated with boating
                          Ensure that water quality does not limit water contact sports

              LAND USE MANAGEMENT TOOLS

                   Numerous laws, policies and programs exist at the federal, state, and
              local levels of government to protect estuarine habitats and to control land and


                                             9








                  water use. These include: the Federal Clean Water Act, State coastal zone
                  management, wetlands and flood plain statutes, and local subdivision and site
                  plan ordinances, to name a few. All of these have effective components and the
                  efforts of agency personnel have resulted in important gains in land use
                  management and habitat protection through the years. The Wetlands Act of
                  1970, for example, has been quite effective in eliminating the wholesale
                  alteration of salt marshes. Nevertheless, incremental loss and degradation of
                  wetlands and other coastal habitats continues, the result of numerous small
                  scale coastal and upland development and polluting activities that fall through
                  the regulatory net. The regulated public also often expresses concern about
                  overlapping duties between State, County and local governments and the use
                  of standards which are inconsistent among agencies. Lastly, a recurring
                  concern of persons involved in the plan development process focus@ed on the
                  need for additional regional authority to deal with regional and multi-
                  municipality land use management problems.

                         One of the functions of this report is to address all three concerns by
                  advancing a course of action that will both streamline the regulatory process
                  and promote environmentally sensitive growth and development. After careful
                  review of the existing institutional framework it is clear that there are several
                  levels of opportunity for improved land use management as well as a broad
                  arreiy of available tools.

                         To achieve the goals articulated above, -it is necessary to employ several
                  land use management strategies. Over the short term there are many actions
                  that can be taken to more efficiently and effectively utilize existing tools.
                  Enhancement of these existing land use management tools (i.e., amending
                  existing rules, plans and ordinances) has the potential to accomplish a great
                  deal toward protecting the character and resources of the watershed. Longer
                  term initiatives involve expanding the influences of government by creating new
                  powers for controlling land and water use and changing individual behavior to
                  recognize that stewardship of the land is everyone's responsibility.

                         Fo Ilowing is a list bf a variety of the tools which can be used to assist in
                  achieving a balance between natural systems and residential, commercial and
                  industrial development. No one of these options will serve as a panacea and
                  not all are equally appropriate for.all municipalities, but each has the potential
                  to function as an integral element of a comprehensive growth management
                  scheme. A brief description and assessment of each method may be found in
                  Appendix 5.











                                                          10










                             Zoning
                             Development Allocation
                             Siting/Timing of Utilities and Public Facilities
                             Cluster Development
                             Planned Unit Development
                             Incentive Zoning
                             Conservation Zoning
                             Impact Fees
                             Donation of Property
                             Transfer of Development Right
                             Transfer of Development Credits
                             Regional Tax Base Sharing
                             Public Fee Simple Acquisition
                             Land Banking
                             Development Criteria Point System/
                             Performance Zoning



                STRUCTURE OF THE PLAN

                       For the most part, the watershed is located in Ocean County, New Jersey.
                From an institutional perspective this allows a management system that is not
                muddled by multi-State, or multi-County interests. Operating at the County level
                also provides the opportunity to do planning on a regional basis which can
                expand on the individual municipal perspective. At the same time, the goal of
                improving water quality to maintain and enhance aquatic systems, is one that
                cannot be realized by a few specific actions or even actions at one level of
                government. The study approach, therefore, capitalizes on these
                considerations and involves a broad array of actions spanning Municipal,
                County, State and Federal authority. Furthermore, an overt attempt to identify
                intergovernmental redundancies, environmental management loopholes, and
                opportunities to "bring government closer to the people" have been integrated
                into the plan design.

                       The watershed plan embodied in this report is organized into seven
                categories:

                       Watershed Management (Chapter 11)
                       Sensitive Area Protection (Chapter 111)
                       Water Area and Use (Chapter IV)
                       Fisheries Management (Chapter V)
                       Public Access (Chapter VI)
                       Public Participation and Education (Chapter V11)
                       Research and Monitoring (Chapter VIII)








                       Each chapter is designed to function as a guide for action for that
                 particular resource management issue. Each section consists of three
                 elements: 1) a definition of the resource management problem; 2) An
                 articulation of the major objectives for the subject resource management issue;
                 and 3) A series of specific action plans crafted to meet a specific short or long
                 term objective. Responsible parties and required resources and legislation are
                 then listed for each action plan in order to facilitate implementation. A list of
                 addresses for all identified agencies can be found in Appendix 6.







































                                                      12











                                 CHAPTER 111: WATERSHED MANAGEMENT

                  A Watershed Apl2roach

                         The environmental issues related to Barnegat Bay and the actions
                  necessary to address them provide an opportunity to engage in watershed
                  planning and management on a regional basis. Such an approach offers real
                  advantages when compared to either the more parochial perspective of
                  municipal planning or planning that usually occurs on the State level. The
                  Barnegat Bay is surrounded by 29 municipal jurisdictions within Ocean County.
                  The municipalities are also within the jurisdiction of the Ocean County Utilities
                  Authority and the Ocean County Soil Conservation District. In addition, the vast
                  majority of the area is within the purview of the New Jersey Pinelands
                  Commission and/or the New Jersey Department of Environmental Protection
                  and Energy, Environmental Regulation section. The land use, development
                  and stormwater management policies, frequently left uncoordinated from
                  jurisdiction to jurisdiction, eventually have considerable collective impacts on
                  the water quality of the Bay.

                         The water draining into the Bay emanates from throughout the entire
                  watershed, carrying impurities that the water picks up as it travels across the
                  land to a topographically lower watercourse and eventually into the Bay.
                  Therefore, effective protection of the Bay will require planning and management
                  on a regional watershed basis. In some ways, the Act authorizing the
                  Watershed Management Plan for Barnegat Bay (P.L. 1987, Chapter 397)
                  anticipated a regional approach. The Act defined "bay area" as that area of
                  Ocean County comprising Bamegat Bay and all lands within the Bay area
                  municipalities located between Barnegat Bay and the first public road of the Bay
                  area municipality. The expansion of the definition of the study area to include
                  the whole watershed simply incorporates an increased ecological perspective.

                         Since the environmental issues in the watershed arise on a regional
                  level and local jurisdictions adjacent to the Bay are not equipped on their own
                  to address many of these concerns, a regional planning entity must be identified
                  for the watershed. While the watershed area and Ocean County are not
                  precisely coincidental, they match. closely enough to have the County serve as
                  a logical regional planning surrogate. Making use of the County in this way
                  also avoids the introduction of yet another level of government administration to
                  this picture. The municipalities in the Bay area will continue to have primary
                  authority to establish land use policy that affects both the type and rate of
                  development. However, Ocean County provides a convenient and effective
                  political and administrative jurisdictional unit through which to plan and
                  eventually manage the Bay as a valuable regional environmental resource.
                  Bringing existing County authority to bear in a greater than local way as well as
                  augmenting that authority will vastly improve the management of this resource.

                         State government also has an important role to play in this
                  intergovernmental constellation. The most appropriate role for the State in


                                                         13








                 terms of the formulation and implementation of watershed-based policies is the
                 provision of technical advice and financial support. This role will expand as
                 municipal and county programs and regulatory activities expand. In this way,
                 regional watershed planning and management will augment municipal control.

                        Other areas of the country have already set the stage and experienced
                 success in regional watershed management planning. For instance, through
                 federal programs, governmental agencies around Puget Sound and
                 Chesapeake Bay have been able to coordinate their programs and develop
                 integrated processes to manage environmental problems, such as nonpoint
                 source pollution, and preserve significant sensitive resources. In both of these
                 cases, planning has been done on an extralocal level, but municipal input has
                 been integral to the decision-making process. Planners around Chesapeake
                 Bay took a detailed look at the Bay's problems and the effects of growth and
                 development on key resources, and then proposed means by which to direct
                 future growth and protect the resources. Closer to New Jersey, both Delaware
                 and New York have entered into similar regional planning processes for their
                 estuaries. It is now time to follow a watershed-based approach in order to
                 protect Barnegat Bay.

                 Nonl2oint Source Strateay

                        As was noted above, the origins of nonpoint source pollution are quite
                 diffuse, as is the manner in which it enters the water bodies of the drainage
                 basin. Therefore, this water quality problem cannot be adequately controlled
                 through a governmental permitting structure. The issue of appropriate
                 management is further complicated by the fact that the flushing of contaminants
                 into the water is closely associated to rainfall events and, hence, has widely
                 varying quantity, frequency, and duration. These complexities inherent to
                 nonpoint source pollution necessarily call for a mufti-faceted management
                 strategy. It is important to focus not only on technical solutions, but also on
                 pollution prevention and public outreach, streamlined permitting, and
                 administrative delegation to effective local jurisdictional units.

                 Action Agenda

                        The action steps outlined in this chapter are organized by watershed
                 management objective. There are five specific objectives as follows:

                               1      Encourage existing planning and regulatory bodies to
                                      coordinate and further promote land use which is sensitive
                                      to the natural environment.

                               2)     Improve water quality of the Bay by reducing nonpoint
                                      source pollution, including nutrients, sedi ments, toxics and
                                      pathogens to a point at which the full biotic and recreational_
                                      potential of the Bay is reached.





                                                        14








                             3)     Promote development patterns, densities and management
                                    strategies which minimize the increase in stormwater runoff
                                    and associated pollutants.

                             4)     Maintain shoreline open space.

                             5)     Recommend development designs that minimize impacts to
                                    natural habitats and maintain wildlife corridors.



















































                                                    15





                                                       FIGURE 2
      Watershed
      Boundaries




                                                                                                           lJonasquan
                                                                                                           Rive,
                                                                          Y'@
                                                                                 e


                                                                                                     se Ve!
                                                                                                    IQr&k




                                                             roms
                                                             RIVE!
                                                                                         Ke t tie
                                                                                         Creek








                                                                                                 _J

                                                                                                 GOT,
                                                                                                 Creek-


                       Unlabeled watersheds drain
                       directly to Bornegot Bay
                                                                                               9cloeolpk
                                                                                      q             Otte!. Cret
                                                                                                    Clarrinng
                                                                                                    Creek
                                                            Ctdor                                 mapte Creek
                                                            Creek



                                                                            orited Rive!
                                                                                                 SloiAs Creek

                                                                                               Wrongle Creek




                                                                       sit!               ffesh Creek
                                                                      reek
      Source:        NJDEPE GIS;
                                                                           CIA  0
                     1:24,000 USGS quadrangle                                 Double
                     maps                                       Lv__-@j       Creek
                                                                  Will



                                                                                iver        Crooked Cr k
                                                                                            9 co
               N                                                                           IF. Ct   ek
                                                                                          urtie C'e
             NJDEFF
        MNJDEPE
                                                                         Creek



              MILES








               Objective 1       Encourage existing planning and regulatory
                                 bodies to coordinate and further promote land use
                                 which is sensitive to the natural environment.


               Action Plan
               #2.1 A            Revise municipal master plans and amend
                                 development ordinances to encourage compact
                                 and efficient development patterns which will
                                 minimize negative impacts on the Barnegat Bay
                                 environment. The following should be included in
                                 this process:

                                 1) Coordinate development, using timing and
                                       sequencing, to maximize the use of existing
                                       infrastructure and reduce sprawl.

                                 2) Encourage clustering to reduce wasteful land
                                       consumption, maximize infrastructure,
                                       reduce impervious surfaces and stormwater
                                       runoff and lower development costs.

                                 3) Include all eleven elements as provided for in
                                       the Municipal Land Use Law. Incorporate
                                       concepts promulgated by the Interim State
                                       Development and Redevelopment Plan.

               Action Plan
               #2.1 B            Ocean County Planning Board should assist
                                 municipalities In the planning process by
                                 providing guidance and technical information.
                                 This assistance should include gathering,
                                 analyzing and disseminating information to
                                 municipalities. This information should be in
                                 tabular and mapped formats, ideally on a
                                 Geographic Information System (GIS), and
                                 include, but not be limited to:

                                 1) Land development trends over time
                                 2) Existing vacant developable land, including
                                       suitable redevelopment sites
                                 3) Development as permitted by municipal zoning
                                       ordinances

                                 4) The relationship of population projections to
                                       zoning allowances
                                 5) Projected acres of residential impervious
                                       coverage





                                                17








                                     6) Quantification, as feasible, of the pollutant
                                            export associated with the projected
                                            residential impervious coverage

                 Rationale           Municipalities are responsible for planning for growth and
                                     development as authorized by the New Jersey Municipal
                                     Land Use Law (MLUL) (N.J.S.A. 40:55D - 1 et seg.).
                                     Municipal master plans, however, do not as a rule contain
                                     the optional elements allowed by the MLUL. These
                                     optional elements would enhance the municipalities' ability
                                     to accommodate growth while protecting the natural
                                     environment of the Barnegat Bay watershed.
                                     Since Ocean County encompasses the vast majority of the
                                     watershed, the Ocean County Planning Board is the logical
                                     coordinating agency and technical resource to assist
                                     municipalities in planning. Municipalities will need the
                                     above data as they reexamine existing plans and
                                     ordinances and make decisions about locating future
                                     development.

                 Lead
                 Responsibility      Municipal planning boards and governing bodies to revise
                                     municipal master plans and zoning ordinances

                 Cooperating
                 Parties             1) Ocean County Planning Department to offer technical
                                            assistance to municipalities for revising master plans
                                            and zoning ordinances
                                     2) N.J. Office of State Planning to provide model ordinances
                                            and technical assistance
                                     3) N.J. Department of Environmental Protection and Energy
                                            (DEPE) to offer training in GIS mapping and provide
                                            digital data where available
                 Resources           Pass-through funds (passed down from the federal
                                     government, through the state government to the local
                                     level) available under the Coastal Zone Management Act
                                     and the Clean Water Act should be considered for use for
                                     watershed management planning in the Barnegat Bay
                                     watershed.

                                     Section 604(b) of the Clean Water Act provides for grants
                                     for conducting studies/projects pertaining to the
                                     development of a comprehensive regional nonpoint source
                                     pollution control and environmentally sensitive area
                                     management program. Regional public comprehensive
                                     planning organizations may apply for funding under this
                                     program.

                                     In addition, under Section 309 of the Coastal Zone
                                     Management Act, New Jersey is participating in the new
                                     Coastal Zone Enhancement Grant Program which is
                                     focusing on eight areas requiring program improvements

                                                       18










                               and enhancements. One of these areas is Cumulative &
                               Secondary Impacts. The State of New Jersey should seek
                               funding under this new program for the Watershed
                               Management Plan for Barnegat Bay as it relates to this
                               enhancement area.

                               Appropriate funds available under thes6 Acts should also
                               be used for State in-house activities relevant to Barnegat
                               Bay watershed management planning. For instance, DEPE
                               should continue to use a portion of the funds it receives
                               under Section 319 of the Clean Water Act to participate in
                               Barnegat Bay-related nonpoint source planning activities.

             Required
             Legislation       No new legislation is required











































                                                               CDG IM






                                             19









              Action Plan
               2.2             Strengthen the county enabling legislation and
                               develop an interagency agreement in order to
                               effect transference of the administrative
                               requirements of the Coastal Area Facility Review
                               Act (CAFRA) from the N.J. Department of
                               Environmental Protection and Energy (DEPE) to
                               the Ocean County Planning Board. (see also
                               Action Plans #3.6, #4.15 and #4.19)

              Rationale        The Ocean County planning board has a broad enough
                               jurisdiction to be able to bring a regional perspective to
                               planning and regulation within the vast majority of the
                               Barnegat Bay watershed while also being focussed enough
                               to know the local issues. It is therefore appropriate that,
                               where feasible, the State delegate suitable authority.
                               Transference of regulatory duties related to CAFRA would
                               also assist in streamlining the development review process.

               Lead
               Responsibility  N.J. Legislature

               Cooperating
               Parties         1@ DEPE
                               2 Ocean County Freeholders
                               3 Ocean County Planning Board
               Resources       Expanded review powers of the Ocean County Planning
                               Board will require additional dedication of staff time. This
                               labor could be supported by fees charged to applicants.

               Required
               Legislation     Requires amendment to the County Planning Act (N.J.S.A.
                               40:27-1 et seg.) or new legislation specifically written for
                               Ocean County


















                                              20










                  Action Plan
                   2.3                 Adopt municipal ordinances which are consistent
                                       with applicable policies in the N.J. Department of
                                       Environmental Protection and Energy's Rules on
                                       Coastal Zone Management and consistent with
                                       this plan.

                  Rationale            Adoption of these policies would increase interagency
                                       consistency in development review and would decrease the
                                       environmental impact of development proposals not
                                       regulated under the Coastal Area Facility Review Act. Such
                                       policies include, but are not limited to:

                                              Barrier Island Corridor
                                              Bay Islands
                                              Beaches
                                              Filled Waters Edge
                                              Existing Lagoon Edge
                                              Flood Hazard Area
                                              Erosion Hazard Areas
                                              Cranberry Bogs
                                              Wet Borrow Pit Margin
                                              Coastal Bluffs
                                              Intermittent Stream Corridors
                                              Endanpred or Threatened Wildlife or Vegetation
                                                    species Habitat
                                              Critical Wildlife Habitat
                                              Dunes

                  Lead
                  Responsibility       Municipal governing body

                  Cooperating
                  Parties              1@ Municipal planning boards
                                       2 Municipal zoning boards of adjustment

                  Resources
                                       Development application fees and escrow monies can be
                                       used to provide funding for municipal review.

                  Required
                  Legislation          Municipal ordinances need to be introduced. The
                                       Municipal Land Use Law (Chapter 291, Laws of N.J. 1975)
                                       allows for this regulation in section 40:55D-65a. This
                                       section indicates that a zoning ordinance may "(I)imit and
                                       restrict building and structures to specified districts and
                                       regulate buildings and structures according to their type
                                       and the nature and extent of their use, and regulate the
                                       nature and extent of the use of land for trade, industry,
                                       residence, open space or other purposes".





                                                        21









              Action Plan
               #2.4             Adopt ordinances which establish environmental
                                commissions in all municipalities.

              Rationale         Environmental commissions can help municipalities in the
                                land use decision making process by providing information
                                on potential environmental impacts of proposed
                                development such as water quality, open space protection,
                                plant and animal habitats, etc. Environmental commissions
                                can also serve as sources of information on state
                                environmental laws and programs. In both of these roles,
                                municipal environmental commissions can be integral in
                                contributing to the healthy future of the Barnegat Bay
                                watershed.

              Lead
              Responsibility    Municipal governing bodies

              Cooperating
              Parties           1 @ Association of New Jersey Environmental Commissions
                                2 Ocean County Soil Conservation District
              Resources         No si? nificant financial resources required for
                                estab ishment of environmental commissions.

              Required
              Legislation       may require new municipal zoning ordinances or revisions
                                to existing ordinances (see Appendix 7 for enabling
                                legislation and model ordinance)






















                                               22










                  Action Plan
                   2.5                 Require in municipal land use ordinances that all
                                       site plan and subdivision applications be reviewed
                                       prior to a public hearing by a committee consisting
                                       of members of both the planning and zoning
                                       boards, environmental commission, board of
                                       health, appropriate authorities and other relevant
                                       parties.

                  Rationale            As per the Municipal Land Use Law (Chapter 291, Laws of
                                       N.J. 1975) a development application can only go before
                                       the planning board ar the zoning board of adjustment.
                                       Some variances can only be issued by the zoning board,
                                       therefore some development applications only appear
                                       before the zoning board for both a variance and site plan or
                                       subdivision review. Typically, the role of zoning boards is to
                                       focus on case-by-case issues, rather than have a more
                                       comprehensive planning approach. Therefore, it is
                                       appropriate for other parties to also have the opportunity to
                                       review a proposal. In addition, the recommended structure
                                       facilitates the flow of the formal portion of the review
                                       process.

                  Lead
                  Responsibility       Municipal governing bodies

                  Cooperating
                  Parties              1 Municipal planning boards
                                       2 Municipal zoning boards of adjustment
                                       3 Environmental commissions
                                       4 Municipal boards of health
                                       5 Ocean County Soil Conservation District
                                       6) Other appropriate entities

                  Resources            Fees will have to be paid for the services of professional
                                       consultants to the municipality. As is provided for in the
                                       enclosed example of an ordinance, the applicant may be
                                       required to post escrow fees to cover these costs.

                  Required
                  Legislation          May require new municipal zoning ordinances or revisions
                                       to existing ordinances (see Appendix 8 for an example of
                                       an ordinance)











                                                        23









            Action Plan
            #2.6A         Establish a Barnegat Bay Watershed Association
                          which will conduct educational programs and
                          otherwise function as an advocate for the
                          Barnegat Bay Watershed. This could be done in
                          conjunction 'with existing programs such as New
                          Jersey Department'of Environmental Protection
                          and Energy Water Watch and Barnegat Bay Watch
                          Monitoring Program. (see sample Watershed
                          Association Bylaws In Appendix 9)

            Action Plan
            #2.6B
                          Develop an affiliated Bay Keeper Program to
                          publicize findings of pollution data and violation
                          data to decision-makers, public agencies and
                          citizens groups. (see Appendix 10 for a brochure
                          describing the Delaware River Keeper Program)

            Rationale     A Watershed Association is a non-profit citizen's action
                          organization made up of people who live where the
                          problems are and who have the most to gain by solving
                          these problems. Instead of having to limit its activities to a
                          single municipality, a Watershed Association can function
                          throughout the natural boundaries of the region draining
                          into the Bay. A Watershed Association can act directly to
                          educate the public in protecting resources and to promote
                          better land use laws. It can encourage action by Municipal,
                          County and State agencies. A Watershed Association is
                          intimately familiar with the problems of its locality and can
                          meet them with local leadership, understanding and
                          initiative.

                          The major function of the Bay Keeper is to keep a watchful
                          eye on the Bay for pote ntial polluters and unchecked
                          pollution. Part of the responsibilities of a Keeper is to
                          educate agencies, businesses and the general public about
                          how to prevent pollution, to be an advocate for the
                          Watershed as a resource, to negotiate with agencies for
                          more stringent pollution laws and enforcement and to
                          initiate litigation when necessary. Such a person could act
                          as a liaison to the Watershed Association as well as other
                          environmental. organizations and alert agencies- and
                          citizens about potential problems and give updates on the
                          health and welfare of the Watershed.







                                      24









             Lead
             Responsibility
                            1) Interested citizens and organizations to form the
                                 Watershed Association
                            2) Ocean County Environmental Agency to initiate
                                 formation of a Bay Keeper program

             Cooperating
             Parties        1) Organizational assistance from the Mid-Atlantic Council
                                 of Watershed Associations
                            2) American Littoral Society, and other interested citizens
                                 and groups
                            3) N.J. Sea Grant (Barnegat Bay Watch Monitoring
                                 Program)

             Resources      1) Private foundation grants
                            2) N.J. Department of Environmental Protection and Energy,
                                 Office of Environmental Services; Matching Grant
                                 Program
                            3) Membership fees and donations
                            4) Corporate contributions

             Required
             Legislation    None



























                                        25









              Action Plan
               2.7             Pursue the use of Section 309 coastal zone
                               enhancement funds under the Coastal Zone
                               Management Act for implementation of priority
                               action plans of the Watershed Management Plan
                               for Barnegat Bay.
              Rationale        Under Section 309 of the Coastal Zone Management Act,
                               New Jersey is participating in the new Coastal Zone
                               Enhancement Grant Program which is focussing on eight
                               areas requiring program improvements and enhancements.
                               One of these areas is Cumulative & Secondary Impacts,
                               which is directly applicable to the Barnegat Bay watershed
                               and the cumulative and secondary impacts of the growth
                               which is occurring there.

              Lead
              Responsibility   N.J. Department of Environmental Protection and Energy
              Cooperating
              Parties          National Oceanic and Atmospheric Administration
              Resources        The State of New Jersey is currently seeking funding under
                               this new program for the Watershed Management Plan for
                               Barnegat Bay as it relates to this enhancement area.

              Required
              Legislation      None
























                                             26










                 Action Plan
                 #2.8               Request participation in the National Estuary
                                    Program by nominating Barnegat Bay to the U.S.
                                    Environmental Protection Agency as an estuary of
                                    national significance and request a management
                                    conference be convened to continue the
                                    comprehensive planning process.

                 Rationale          The time frame (initially up to five years) and financial
                                    provisions of the National Estuary Program would allow a
                                    management conference to perform research and
                                    monitoring to address those areas where there is a lack of
                                    data on the Barnegat Bay ecosystem. In addition, a more
                                    in-depth planning process would be feasible and could
                                    expand on the recommendations of the Barnegat Bay
                                    Watershed Management Plan.

                 Lead
                 Responsibility     The Governor of the State of New Jersey

                 Cooperating
                 Parties            1) U.S. Environmental Protection Agency (EPA)
                                    2) N.J. Department of Environmental Protection and Energy
                                    3) International, interstate or regional agencies or entities
                                           having jurisdiction over all or a significant part of the
                                           estuary
                                    4) Each interested Federal agency, as determined
                                           appropriate by the Administrator of the EPA
                                    5) Local governments having jurisdiction over any land or
                                           water within the estuarine zone, as determined
                                           appropriate by the Administrator
                                    6) Affected industries, public and private educational
                                           institutions, and the general public, as determined
                                           appropriate by the Administrator

                 Resources          The Administrator of the EPA is authorized to make grants
                                    to State, interstate and regional water pollution control
                                    agencies, interstate agencies, other public or nonprofit
                                    agencies institutions, organizations and individuals. The
                                    purpose of these grants is to pay for assisting research,
                                    surveys, studies and modeling and other technical work
                                    necessary for the development of a conservation and
                                    management plan. Federal grants will provide up to 75% of
                                    the cost for the research and development of a
                                    management plan. The State must contribute the
                                    remaining 25% of the funding necessary for this study.

                 Required
                 Legislation        None


                                                     27









             Action Plan
             #2.9             Conduct a general reexamination of the
                              Watershed Management Plan for Barnegat Bay at
                              least every five years and prepare a report on the
                              findings of such reexamination, a copy of which
                              report shall be sent to the Ocean County Planning
                              Board, the planning board of each municipality
                              lying completely or partially within the study area
                              as defined in the Watershed Management Plan for
                              Barnegat Bay and the director of the Barnegat Bay
                              Watershed Association, if existent.
                              The reexamination report should state:

                              1) The major problems and planning goals relating
                                    to the Barnegat Bay watershed at the time of
                                    the writing of the Watershed Management
                                    Plan for Barnegat Bay or the last
                                    reexamination report, whichever is more
                                    recent.

                              2) What measures have been taken to address the
                                    Identified problems and goals.
                              3) The extent, where measurable, to which such
                                    g
                                     roblems and goals have been reduced or
                                     ave Increased subsequent to the writing of
                                    the Watershed Management Plan for
                                    Barnegat Bay or the last reexamination
                                    report, whichever Is more. recent.
                              4) The extent to which there have been significant
                                    changes In the assumptions, goals and
                                    objectives forming the basis for the
                                    Watershed Management Plan for Barnegat
                                    Bay as last revised.
                              5) The specific changes recommended for the
                                    Watershed Management Plan for Barnegat
                                    Bay, if any, Including underlying goals and
                                    objectives, or whether a new plan should be
                                    prepared. If necessary, prepare said new
                                    plan.

             Rationale        Since the natural and human-created environments of the
                              Barnegat Bay watershed are dynamic systems, it can be
                              expected that significant changes may occur over time. A
                              reexamination of the Watershed Management Plan for
                              Barnegat Bay at five year intervals allows for assessment
                              and incorporation of these alterations into the planning and
                              implementation processes.

             Lead
             Responsibility   N.J. Department of Environmental Protection and Energy, or
                              the equivalent State agency

                                             28









            Cooperating
            Parties        1) Ocean County Planning Board
                           2) Municipal planning boards
                           3) Barnegat Bay Watershed Association, if existent

            Resources      The State should request that federal funds received under
                           the Clean Water Act, the Coastal Zone Management Act
                           and other relevant legislation be allocated to the review and
                           revision of the Watershed Management Plan for Barnegat
                           Bay.

            Required
            Legislation    None





































                                       29









              Action Plan
              #2.10            Oversee the implementation of the Watershed
                               Management Plan for Barnegat Bay. Duties
                               should include, but not be limited to:

                               1) Encouraging all relevant parties to implement
                                     appropriate action plans

                               2) Coordinating activities of implementing parties

                               3) Seeking funding for implementation
                               4) Serving as centralized manager of data
              Rationale        It is'imperative for implementation of the Plan that one entity
                               have responsibility for coordination. The Ocean County
                               Planning Board is the appropriate party for this role
                               because it is consistent with the focus of their mission to do
                               regional planning for Ocean County. In addition, they are in
                               the position of having a regional perspective but being
                               locally situated and, hence, having an intimate knowledge
                               ofthe area.

              Lead
              Responsibility   Ocean County Planning Board

              Cooperating
              Parties          1 @ Residents of the watershed
                               2 Members of the Watershed Association, if existent
                               3 N.J. Department of Environmental Protection and
                                     Energy
                               4) Municipal governing bodies and planning boards
               Resources       A stable source of funding will be required to undertake
                               adequate, continuous implementation of the Management
                               Plan.

               Required
               Legislation     None














                                              30








                  Objective 2         Improve water quality of the Bay by reducing
                                      nonpoint source pollution, including nutrients,
                                      sediments, toxics and pathogens to a point at
                                      which the full biotic and recreational potential of
                                      the Bay is reached.


                  Action Plan
                  #2.11               Adopt stormwater management plans             and
                                      ordinances for new development In accordance
                                      with the rules (N.J.A.C. 7:8 et seg ) implementing
                                      the New Jersey Stormwater Management Act.
                                      Stormwater management policies and programs
                                      should be horizontally coordinated on the state
                                      level (e.g., Pinelands, Ocean County Soil
                                      Conservation District) and vertically coordinated
                                      with local plans to minimize inconsistencies and
                                      contradictions.

                  Rationale           The Stormwater Management Act rules establish a program
                                      where the State provides municipalities with technical
                                      guidance to develop a stormwater management plan that is
                                      adopted into the municipal master plan. The plan, in turn, is
                                      implemented through a municipal ordinance and through
                                      the site plan and subdivision review process. Under this
                                      program, the plans and ordinances are reviewed and
                                      approved by Ocean County and the local Soil Conservation
                                      District. The adoption of the current model ordinance
                                      available from N.J. Department of Environmental Protection
                                      and Energy (DEPE) would establish minimum technical
                                      standards to address water quality impacts and flood
                                      control in each municipality throughout the area. Within the
                                      study area, Stafford Township has already adopted a
                                      stormwater management plan and ordinance in accordance
                                      with these rules that could be used as an example.

                  Lead
                  Responsibility      1) Municipal planning boards to develop plans
                                      2) Municipal governing bodies for adoption of ordinances

                  Cooperating
                  Parties             1) DEPE
                                      2) Ocean County Planning Board
                                      3) Ocean County Soil Conservation District

                  Resources           Possible grants under the Stormwater Management Act,
                                      current availability of funds in question.

                  Required
                  Legislation         Adoption of municipal stormwater ordinances required


                                                        31









               Action Plan
               #2.12             Establish a program of demonstration projects to
                                 encourage and investigate innovative best
                                 management practices for stormwater quality in
                                 existing developed areas. Best management
                                 practices should be flexible and reference
                                 alternative approaches to allow for local
                                 conditions and site sensitivity.

               Rationale         Current best management practices, such as detention
                                 basins, are primarily applicable to new development. In the
                                 Barnegat Bay study area, older stormwater systems are
                                 inadequate for water quality control and are not ready
                                 candidates for retrofitting with today's technology. Too
                                 often, the regulatory framework hampers opportunities to
                                 develop new technology or explore new management
                                 strategies. A program supporting the design and
                                 implementation of innovative, low-cost, long-term best
                                 management practices is needed. Municipalities should
                                 examine implementing stormwater management
                                 improvements when undertaking other projects which
                                 require roadbed disturbance that also exposes stormwater
                                 pipes (e.g., waterline installation).

               Lead
               Responsibility    N.J. Department of Environmental Protection and
                                      Energy to design and carry out projects

               Cooperating
               Parties           1) U.S. Environmental Protection Agency
                                 2) N.J. Department of Transportation
                                 3) Professional Planning and Engineering Associations
                                 4) Municipal engineers
                                 5) 00ean County Soil Conservation District

               Resources         The program could be run through a system of research
                                 grants or construction loans; funding is required.

               Required
               Legislation       Legislation may be required to set up the program,
                                 establish funding and clarify administrative responsibilities.










                                                32










                   Action Plan
                   #2.13A              Institute a regional watershed approach to
                                       stormwater management and maintenance.
                                       Municipalities should cooperate to purchase and
                                       share necessary machinery to perform
                                       maintenance.


                   Action Plan
                   #2.1313             Alter stormwater management facilities          or systems
                                       built for flood control to improve water       quality. For
                                       example, reconstruct the outlet structure of a flood
                                       control detention basin to hold back the water
                                       quality design storm.

                   Action Plan
                   #2.13C              Establish and implement a program of inspection
                                       and maintenance of stormsewer systems. Actions
                                       should include street-sweeping and catch basin
                                       cleaning.

                   Action Plan
                   #2.13D              Institute a program of inspection and maintenance
                                       of stormwater facilities (e.g., detention basins) so
                                       these structures perform at maximum efficiency.
                                       Inspection programs should include those
                                       facilities which may be privately owned as part of
                                       a homeowner/condominium association.
                                       Municipalities should include a stable source of
                                       funding In their budgets for facilities maintenance.

                   Rationale           A regional approach to maintenance can reduce the cost of
                                       maintenance by sharing the costs of machinery and
                                       equipment. A watershed approach can ensure that regular
                                       cleaning and maintenance is undertaken throughout the
                                       region.

                                       The stormwater systems in the Barnegat Bay study area
                                       were primarily designed for flood control. The outlet
                                       structure of flood control basins can relatively easily be
                                       altered to retain smaller storms for water quality control.
                                       Multi-chamber catch basins can replace traditional catch
                                       basins to capture sediment and oil. However, maintenance
                                       needs or alterations must be considered and met to ensure
                                       these facilities can be efficient and effective mechanisms in
                                       improving water quality of stormwater runoff.






                                                        33








                            Lack of maintenance and inspection is a significant cause
                            for failure of stormwater management facilities such as
                            detention, infiltration and retention basins. A maintenance
                            manual for these facilities has been developed by Ocean
                            County Planning Department and Killam Associates for the
                            N.J. Department of Environmental Protection and Energy.
                            This publication is available from the New Jersey
                            Department of Environmental Protection and Energy
                            (DEPE) (see bibliography). Street-sweeping and catch
                            basin cleaning are already practices observed by most
                            municipalities; however, implementation may be sporadic
                            and insufficient to effect pollutant reduction. Uncleaned
                            catch basins can be conducive habitats for bacteria.
                            Guidance for proper scheduling and inspection should be
                            provided by the DEPE and the N.J. Department of
                            Transportation.

             Lead
             Responsibility Owner of the system or facility, usually municipal or county
                            public works departments or homeowner association

             Cooperating
             Parties        For engineering advice:
                            1) DEPE, Office of Regulatory Policy
                            2) U.S. Department of Agricufture, Soil Conservation
                                Service
                            3) N.J. Department of Transportation
                            4) Ocean County Soil Conservation District
                            5) N.J. Highway Authority
                            6) Mosquito control commissions

             Resources      1) Combined Sewer Overflow and Stormwater
                            Management Abatement Bond Act, loan administered
                            under Municipal Sewage Treatment Trust Fund within the
                            DEPE. Also DEPE's Clean Communities Street and Storm
                            Drain grants may provide possible seed money. A long-
                            term funding mechanism for public works departments is
                            needed. DEPE & Federal grants could be shared to fund
                            equipment purchased as part of a regional maintenance
                            agreement.

                            2) Ocean County Health Department should explore the
                            feasibility of requesting funding for these activities from
                            DEPE under the County Environmental Health Act (N.J.S.A.
                            26:3A2-21 pd M.).

             Required
             Legislation    Although the $50 million bond is significant, it is still
                            insufficient to address both combined sewer overflows and



                                        34









                                    stormwater system repairs. An increased appropriation or
                                    bond is needed.


















                                                                                          v





































                                                                            I

                                                                             'k,
                                                                          LN@


                                                                                   f








                                                                                                            'w





                                                    35









               Action Plan
               42.14            Develop and implement a training program on
                                stormwater best management practices and
                                implementing regulations for county and municipal
                                officials and employees.

               Rationale        A Nonpoint .9ource and Stormwater Control Best
                                Management Practice Manual Nanual) is currently being
                                developed by N.J. Department of Environmental Protection
                                and Energy (DEPE). The Manual describes appropriate
                                techniques to reduce nonpoint source pollution at the time
                                of site development, at the source, and prior to delivery to a
                                receiving water. Seminars focussing on this guidance
                                document are part of its implementation strategy. Priority
                                should be placed on reaching the audience within the
                                Barnegat Bay study area. The Ocean County Planning and
                                Engineering Departments have expertise on the
                                maintenance needs of stormwater management facilities
                                and can provide further assistance to municipalities.

               Lead
               Responsibility   DEPE, Office of Regulatory Policy

               Cooperating
               Parties          1) Ocean County Soil Conservation District
                                2) Ocean County Engineering Department
                                3) Ocean County Planning Board
                                4) Municipal engineers
                                5) Municipal planning boards
                                6) Municipal zoning boards

               Resources        Funding may be required for training materials and space.

               Required
               Legislation      None















                                               36










                Action Plan
                #2.15             Install native species landscaping to demonstrate
                                  water conservation, pesticides reduction and
                                  fertilizer reduction on public lands and common
                                  open spaces. Coordinate N.J. Pinelands
                                  Commission, N.J. Department of Environmental
                                  Protection and Energy (DEPE), and Soil
                                  Conservation District programs to ensure
                                  consistency among programs. Educational signs
                                  explaining the purpose of this source control
                                  technique should be included.

                Rationale         Often, the adoption of new practices to protect the
                                  environment by local residents is hindered by disbelief that
                                  such techniques work and are relatively easy to implement.
                                  Demonstrating alternative landscaping on public property
                                  and common open spaces would provide a tangible
                                  example of a nonpoint source control best management
                                  practice to area residents and save money for the
                                  municipality in the long-term.

                Lebd
                Responsibility    1) Municipal and county public works departments
                                  2) Homeowners associations

                Cooperating
                Parties           1) Rutgers Cooperative Extension of Ocean County
                                  2) Municipal environmental commissions

                Resources         DEPE's Environmental Commission grants for planning
                                  only (see Appendix 11)

                Required
                Legislation       None

















                                                 37









               Action Plan
               #2.16            Amend existing municipal ordinances and
                                construction codes to include provisions for water
                                quality improvement while maintaining safety and
                                durability of roads and other infrastructure.

               Rationale        Requirements for municipal subdivision improvements are
                                sometimes in conflict with water quality and flood control
                                objectives. While recognizing the purpose for these
                                improvements, small changes could be made to minimize
                                water quality impacts. For example, many towns require
                                curbs for residential development. Curbs act to convey
                                pollutant-laden water directly and quickly into a stormwater
                                system. In contrast, grassed swales along the road's edge
                                slows the water, captures sediment and absorbs nutrients.

              Lead
              Responsibility    1) N.J. Department of Environmental Protection and Energy
                                      (DEPE) in cooperation with the N.J. Department of
                                      Community Affairs should develop model ordinances
                                2) Municipal governing bodies should adopt model
                                      ordinances

               Cooperating
               Parties          1) Professional planners, engineers and builders
                                      associations
                                2) Municipal planning boards
                                3) Municipal zoning boards
                                4) N.J. Department of Transportation
                                5) N.J. Parkway Authority
                                6) Ocean County Soil Conservation District

               Resources        Section 319 (Nonpoint Source Pollution) of the Federal
                                Clean Water Act provides funding for implementation of
                                water quality improvement programs.

               Required
               Legislation      Legislation not required. Memorandum of Understanding
                                needed between the DEPE and the N.J. Department of
                                Community Affairs.











                                               38










             Action Plan
             #2.17         Ensure effective regulation and Implementation of
                           soil erosion and sediment control for all
                           construction activities.

             Rationale     The Soil Conservation Districts have the authority and
                           program to regulate construction activities through the Soil
                           Erosion and Sediment Control Act of 1975 (N.J.S.A. 4:24-
                           39 et seq.). Sediment is often a destructive pollutant
                           smothering organisms and clouding the the water column.'
                           In addition, sediment is a natural vehicle to carry other
                           pollutants to a receiving water. A successful program of
                           sediment and erosion control has potential to significantly
                           reduce pollutants entering Bamegat Bay.

             Lead
             Responsibility The N.J. Legislature

             Cooperating
             Parties        Ocean County Soil Conservation District

             Resources     Funding for the Soil Conservation Districts has recently
                           been cut. Past funding should be reinstated and expanded
                           as the nonpoint source control program expands.

             Required
             Legislation   The Soil Conservation District currently has the authority to
                           monitor all multi-family dwelling and disturbances over
                           5,000 sq.ft. The Soil Erosion and Sediment Control Act of
                           1975 (N.J.S.A. 4:24-39 et seq.) should be amended by the
                           legislature to close the loophole exempting single family
                           dwelling construction from Soil Conservation District
                           regulation.


















                                        39









                Action Plan
                #2.18                Empower the Ocean County Planning Board to
                                     review all aspects of proposed development which
                                     will have extralocal or regional impact. Such
                                     authority should Include the review of drainage,
                                     roads and other relevant design provisions.
                                     Drainage review should be In accordance with the
                                     goals and objectives of the Ocean County Water
                                     Ouality Management Plan. The County decision
                                     should not be able to override a negative
                                     municipal vote. Applicable legislation could
                                     permit other counties to adopt this provision for
                                     comprehensive county review.

                Rationale            The quality and quantity of nonpoint source runoff is
                                     affected by all development within the Barnegat Bay
                                     Watershed and all functions together to have a cumulative
                                     impact on the Bay and associated water bodies. Therefore,
                                     drainage review should be done on a regional, as well as
                                     municipal, level. However, the municipalities should still be
                                     able to use their localized knowled   of the area to
                                                                       c;y
                                     definitively oppose a proposal. A    Itionally, when the
                                     Department of Environmental Protection and Energy adopts
                                     a,Best Management Practices manual for nonpoint source
                                     runoff, the recommended techniques could be adopted and
                                     implemented at the county and local levels, thereby limiting
                                     the need for extensive state review.

                                     For similar reasons, regional, or County, review of
                                     development proposals is also appropriate for other design
                                     aspects which have extralocal impacts.

                 Lead
                 Responsibility      N.J. Legislature

                 Cooperating
                 Parties ,           1 @ Ocean County Soil Conservation District
                                     2 Ocean County Planning Board
                 Resources           Expanded review powers of the Ocean County Planning
                                     Board will require additional dedication of staff time. This
                                     labor could be supported by fees charged to applicants.

                 Required
                 Legislation         Requires amendment to the County Planning Act (N.J.S.A.
                                     40:27-1 et seg.) or new legislation specifically written for
                                     Ocean County







                                                      40










                 Action Plan
                 #2.19 A           Develop a Coastal Nonpoint Pollution Control
                                   Program as stipulated by the Coastal Zone
                                   Reauthorization Amendments of 1990. This
                                   Program will require municipalities to develop
                                   local stormwater management/n on point source
                                   control plans.

                 Action Plan
                 #2.19 B           Develop rules under the Sewage Infrastructure
                                   Improvement Act (SIIA) to implement municipal
                                   stormwater management/nonpoint source control
                                   programs at the local level.

                 Rationale         The Coastal Zone Reauthorization Amendments of 1990,
                                   amending the Coastal Zone Management Act, charge the
                                   New Jersey Department of Environmental Protection and
                                   Energy (DEPE) with developing a Coastal Nonpoint
                                   Pollution Control Program. Municipalities must take
                                   measures to control nonpoint source pollutants that are
                                   contaminating stormwater. These nonpoint source
                                   pollutants include: nutrients in fertilizers from suburban
                                   lawns, oil and grease from streets and bacterial
                                   contaminants from domestic animal waste. All of these
                                   pollutants when washed into surface waters during a rain
                                   event can cause adverse impacts on water quality, and
                                   therefore, must be controlled.

                                   The SJIA requires municipalities to implement nonpoint
                                   source control programs at a local level.

                Lead
                Responsibility     DEPE, Office of Regulatory Policy

                Cooperating
                Parties            1) The N.J. Pinelands Commission
                                   2) Ocean County Planning Board
                                   3) Municipalities in Barnegat Bay watershed
                                   4) Ocean County Soil Conservation District

                Resources          There is $2.8 million available under the Sewage
                                   Infrastructure Improvement Act to provide grants to
                                   municipalities to develop stormwater management/non point
                                   source control plans. These programs will address
                                   stormwater associated pollution concerns from new and
                                   existing development, as well as from such potential
                                   pollution sources such as solid and hazardous waste
                                   facilities. Included in these programs will be requirements
                                   for routine maintenance of the stormwater sewer system


                                                  41









                                and options for financing stormwater manage ment/nonpoint
                                source control.

              Required
              Legislation       None













































                                               42










                  Action Plan
                  #2.20                Complete Phase 11 of the requirements under the
                                       Sewage Infrastructure Improvement Act. In Phase
                                       11 municipalities will be mapping their stormwater
                                       sewer system, monitoring stormwater discharges
                                       and investigating the system to locate the sources
                                       of contamination. Municipalities that are not
                                       involved in the Sewage Infrastructure
                                       Improvement Act should be performing similar
                                       work. Once the source of contamination is
                                       located, municipalities should take steps to
                                       eliminate the problem.

                  Rationale            The Cooperative Coastal Monitoring Program has identified
                                       areas in the Barnegat Bay that have exceeded water quality
                                       standards for bacteria. Many of these problems have been
                                       correlated to rainfall events. In 1988, for example, 14% of
                                       the samples collected in Ocean County exceeded the water
                                       quality standards for bacteria. Of these samples, 84% were
                                       collected after a rain event. From these data, it is evident
                                       that contaminated stormwater is causing water quality
                                       problems. In order to correct these problems the source of
                                       the contamination must be located and corrected. Phase 11
                                       of the Sewage Infrastructure Improvement Act is designed
                                       to address these problems by requiring -municipalities to
                                       monitor the stormwater discharges and investigate the
                                       systems to locate problems. Municipalities not involved in
                                       the Sewage Infrastructure Improvement Act should be
                                       performing similar work to identify concerns. If the source of
                                       the contamination is not found and corrected, contaminated
                                       stormwater discharges will continue to cause water quality
                                       problems.

                  Lead
                  Responsibility       N.J. Department of Environmental Protection land Energy,
                                       Office of Regulatory Policy

                  Cooperating
                  Parties              1) Ocean County Board of Chosen Freeholders
                                       2) Municipalities in the Barnegat Bay watershed

                  Resources            There is $5.5 million available under the Sewage
                                       Infrastructure Improvement Act to provide grants- to
                                       municipalities to perform mapping and monitoring. There is
                                       an additional $4.7 million available under the Act for
                                       planning and design work to eliminate interconnections and
                                       cross-connections. However, these am o*unts are
                                       insufficient to ensure this work is performed. Municipalities
                                       should look towards the Stormwater Management and


                                                         43









                             Combined Sewer Overflow Abatement Bond Act , which
                             provides $50 million in the form of grants and loans to fund
                             stormwater management and combined sewer overflow
                             abatement projects.

             Required
             Legislation     None









                                                                            1P









































                                           44










                Action Plan
                #2.21           Develop a State stormwater permitting program for
                                municipal stormwater systems. This permit would
                                be a system-wide permit and would include new
                                systems, best management practices, retrofitting,
                                repairs and maintenance of a stormwater system.

                Rationale       The U.S. Environmental Protection Agency (EPA) has
                                developed regulations for permitting stormwater systems in
                                large and medium municipalities and is in the process of
                                conducting studies in order to determine what other types of
                                stormwater permits will be issued for municipal systems.
                                New Jersey currently has a Pollutant Discharge Elimination
                                System permit program authorized by the EPA and has the
                                authority to develop and implement a municipal stormwater
                                permitting system.

               Lead
               Responsibility   N.J. Department of Environmental Protection and Energy
                                (DEPE), Office of Regulatory Policy

               Coloperating
               Parties          1) U.S. Environmental Protection Agency
                                2) Municipalities in the Barnegat Bay watershed
                                3) Ocean County Planning Board
                                4) Ocean County Soil Conservation District

                Resources       The DEPE has the necessary individuals to develop a
                                municipal stormwater permitting program. However, the
                                DEPE must commit to performing this task in order for it to
                                be accomplished.

                Required
                Legislation     None

















                                              45










                 Action Plan
                 #2.22              Plan, construct and maintain sewer infrastructure
                                    in a manner that recognizes and protects sensitive
                                    natural resources from secondary impacts of
                                    installing infrastructure and the development that
                                    it may support or induce. Create more compact
                                    development patterns, in appropriate locations, to
                                    take advantage of existing sewer infrastructure
                                    within the watershed.

                Rationale           The Barnegat Bay watershed, with the exception of the
                                    western, less densely zoned areas, is designated as sewer
                                    service area in the Ocean County Water Quality
                                    Management Plan. However, collection systems have not
                                    been constructed in all areas; existing and future
                                    development in these areas must rely on septic systems.
                                    Septic systems are a documented source of nutrients and
                                    coliform bacteria released to groundwater and ultimately to
                                    the Bay. These pollution sources would be eliminated by
                                    the provision of sewer service. Municipalities should be
                                    encouraged to plan sewer infrastructure and sewer service
                                    to development in the watershed to alleviate septic damage
                                    placed on areas adjacent to waterbodies and areas with
                                    known septic failures. Sewer infrastructure planned to
                                    eliminate failing septics in areas of environmental sensitivity
                                    should be of limited capacity to avoid attracting additional
                                    development which could cause further environmental
                                    damage.

                Lead
                Responsibility      1) Ocean County Utilities Authority
                                    2) Ocean County Planning Board

                Cooperating
                Parties             1) Municipal planning boards
                                    2) N.J. Office of State Planning
                                    3) N.J. Department of Environmental Protection and Energy,
                                           Office of Regulatory Policy
                                    4) Municipal utility authorities

                Resources           New Jersey Wastewater Treatment Trust administers a
                                    State revolving loan fund for municipal wastewater
                                    treatment and conveyance systems.

                 Required
                 Legislation        None





                                                     46










                 Action Plan
                 #2.23              Establish and implement a program of required
                                    septic system maintenance and inspection for new
                                    and existing systems. A public education program
                                    should be the first stage of this program and be
                                    Implemented as soon as possible.

                 Rationale          The presence of excessive nutrients and coliform bacteria
                                    can cause environmental and human health problems in
                                    the Bay. Septic systems serve as a source of these
                                    pollutants even when they are functioning correctly; failure
                                    of these systems compounds the problem. Failure of septic
                                    systems is generally a result of improper construction
                                    and/or improper maintenance and siting. Where sewer
                                    service is available, every effort should be made to sewer
                                    existing and future development in accordance with the
                                    applicable Water Quality Management Plan. Where sewers
                                    cannot be made available, efforts must be made to
                                    minimize the contribution of septic systems to the nutrient
                                    and bacterial loadings of the Bay. There are presently,
                                    under N.J.A.C. 7:9A, requirements to ensure the proper
                                    design and construction of new and altered systems. A
                                    management program is not in place to address the
                                    problem of operation, maintenance and inspection of
                                    existing systems. The establishment of such a
                                    management program should be pursued and other
                                    mechanisms should also be explored. An immediate step
                                    which should be taken is a public education program.

                 Lead
                 Responsibility     N.J. Department of Environmental Protection and
                                    Energy (DEPE), Wastewater Facilities Management
                                    Element

                 Cooperating
                 Parties            1) Ocean County Heath Department
                                    2) Municipalities
                                    3) Homeowners
                                    4) Rutgers Cooperative Extension of Ocean County
                                    5) Ocean County Soil Conservation District

                 Resources          The Sussex County Septic System Management
                                    Demonstration Program, funded by DEPE, has produced
                                    several documents including a "Homeowner's Operation &
                                    Maintenance Manual". The DEPE has produced a
                                    "Homeowner's Manual for Septic Systems". Documents
                                    such as these should be looked to as models.





                                                     47







                                           I



             Required
             Legislation    None


  I








































































             i









                                          48








               Objective 3      Promote development patterns, densities and
                                management strategies which minimize the
                                increase in stormwater runoff and associated
                                pollutants.


               Action Plan
               #2.24            Municipalities should include cluster development
                                In their zoning ordinances as a means of reducing
                                Impervious surfaces while providing buffers
                                adjacent to sensitive areas. Planning boards
                                should encourage it where supported by existing
                                inf rastructure.

               Rationale        Altering the pattern of development is one way to reduce
                                the amount of pollution generated by development.
                                Although low density development has less impervious
                                coverage on a per acre basis, the pollutant loadings from
                                low density development are higher when considered on a
                                per capita basis. When low density development relies on
                                septic systems, nitrogen loadings will be higher still.

               Lead
               Responsibility   1) Municipal planning boards should encourage cluster
                                     development in site plan applications and
                                     negotiations
                                2) Municipal governing bodies should incorporate
                                     provisions for clustering into land use ordinances

               Cooperating
               Parties          Technical assistance to municipal planning boards and
                                governing bodies should be provided by
                                1 @ N.J. Office of State Planning
                                2 Ocean County Planning Department

               Resources        No significant financial resources required.

               Required
               Legislation      May require new municipal zoning ordinances or revisions
                                to existing ordinances














                                              49









              Action Plan
              #2.25            Establish minimum buffers adjacent to coastal
                               wetlands

              Rationale        Buffers preserve wildlife habitat and open space and serve
                               as a pollutant control zone to reduce the impacts of
                               development upon wetlands and wetlands species. They
                               also provide temporary refuge for wetlands fauna during
                               high water episodes, critical habitat for animals dependent
                               upon but not resident in wetlands, and allow for slight
                               variations of wetland boundaries over time due to
                               hydrologic or climatologic effects.

              Lead
              Responsibility   1) N.J. Leaislature to amend the Wetlands Act of 1970
                                    Ki.S.A. 13:9A-1 VIOq.)
                               2) Municipal governing bodies to adopt protective
                                    ordinances

              Cooperating
              Parties          N.J. Department of Environmental Protection and Energy

              Resources        No significant financial resources required.

              Required
              Legislation      Requires amendment to the Wetlands Act of 1970 (N.J.S.A.
                               13:9A-1 et seg.) or municipal ordinances need to be
                               introduced.

                               Amendment of the Wetlands Act of 1970 to establish
                               minimum buffers adjacent to coastal wetlands will serve to
                               minimize the impacts of human activities on the wetlands
                               regulated by the DEPE. Alternatively, adoption of municipal
                               ordinances which establish minimum buffers adjacent to
                               coastal wetlands will serve the same purposes as above
                               and will minimize the impacts of human activities on the
                               wetlands not currently regulated by the DEPE (development
                               which falls below the threshold of the Coastal Area Facility
                               Review Act and outside the wetlands boundary mapped
                               under the Wetlands Act of 1970).

                               In addition, development of setbacks from the waters edge
                               to maintain shoreline open space and habitat protection
                               may require new municipal zoning ordinances or revisions
                               to existing ordinances.







                                             50










               Action Plan
               #2.26            For developed areas:

                                A) Create critical zones no less than 150 feet in
                                     width along the Bay, other water bodies and
                                     storm sewer inlets.

                                B) Critical zones shall be landscaped with low-
                                     maintenance, non-exotic, native species.

                                C) Within the critical zone the following activities
                                     should be prohibited:
                                     1) Use of fertilizers & pesticides
                                     2) Release of animal & other wastes
                                     3) Construction or use of impervious
                                           surfaces
                                     4) Storage of waste & toxic material
                                     5) Storage of motor vehicles

               Rationale        Creation of this type of buffer for existing development is a
                                means for minimizing the degradation of water quality and
                                can complement broader community stormwater
                                management. The use of native species should limit the
                                need for application of pesticides and fertilizers and, hence,
                                the potential for runoff of these chemicals into Barnegat
                                Bay. Reference the plant list at Appendix 12.

               Lead
               Responsibility   Municipal governments to amend zoning ordinances
               Cooperating
               Parties          1) Ocean County Environmental Agency to draft model
                                     ordinances
                                2) Property owners to modify behavior and comply with
                                     ordinances

               Resources        No significant financial resources required

               Required
               Legislation      Municipal ordinances need to be adopted












                                              51









               Action Plan
               #2.27           Establish incentive programs, such as
                               conservation easements and re-evaluation of real
                               estate assessments on such easements to entice
                               property owners and real estate developers to
                               create buffer areas consisting of indigenous
                               vegetation to protect wetlands and surface waters.

               Rationale       Creation of a voluntary program for establishing buffers,
                               where feasible, in existing development and new projects is
                               a positive step in minimizing the degradation of water
                               quality due to human activities. A conservation easement
                               will ensure formal protection against loss of buffers while
                               providing financial relief and incentive to the property owner
                               for the diminished use of their property.

               Lead
               Responsibility  Municipal planning boards should initiate the feasibility of
                               incentive programs such as conservation easements.

               Cooperating
               Pdrties         1) Municipal governments should encourage incentive
                                     programs where appropriate.
                               2) Technical assistance for model conservation easement
                                      language may be required from Association of New
                                      Jersey Environmental Commissions and the Natural
                                      Lands Trust.

               Resources       No resources required to implement. The creation of
                               easements may result in a diminution of property
                               assessments and a slight reduction of real estate taxes.

               Required
               Legislation     None
















                                              52








                Objective 4      Maintain shoreline open space.


               Action Plan
               #2.28             Create a stable funding source for the purpose of
                                 acquiring open space and achieving beach
                                 stabilization. Ocean County should place a
                                 referendum on the ballot to allow the tax payers to
                                 recommend an addition to the property tax (e.g.,
                                 1-3 cents) for such a fund (see Appendix 13 for
                                 copies of Monmouth, Atlantic and Cape May
                                 Counties' referenda.). Acquisition and
                                 stabilization along bayfront shorelines should be
                                 made a priority.
               Rationale         Public p@quisition of land is one effective means of directly
                                 maintaining shoreline open space. Public agencies are
                                 also responsible for beach stabilization. However, a stable
                                 funding source is needed to be able to do both of these
                                 proj@cts. An addition to the property tax would provide such
                                 monies.


               Lead
               Responsibility    Ocean County Board of Chosen Freeholders to place the
                                 referendum on the ballot

               Cooperating
               Parties           Ocean County Environmental Agency to educate citizens
                                 about this proposal.

               Resources         No significant financial resources are required to place the
                                 referendum on the ballot. If successful, this referendum
                                 would provide a stable source of funding for open space
                                 acquisition.

               Required
               Legislation       None
















                                               53









              Action Plan
              #2.29            Acquire sites fronting on open water bodies
                               appropriate for open space, using Federal, State
                               and  private funds. Representative upland &
                               wetland complexes which are suitable include, but
                               are not limited to:
                                     Goodluck Point
                                     Cedar Creek Point
                                     Stout's Creek/ Murray Grove
                                     North Side Forked River
                                     Oyster Creek
                                     Lighthouse Camp
                                     Double Creek
                                     Undeveloped Bay islands
              Rationale        Acquisition of land by governmental bodies is one effective
                               means of directly maintaining shoreline open space. These
                               areas re resent the remaining undeveloped areas adjacent
                               to or in t e Bay and have been identified by the U.S. Fish
                               and Wil life Service for addition to the Forsythe Refuge.

              Lead
              Responsibility   N.J. Department of Environmental Protection and Energy

              Cooperating
              Parties          1) U.S. Fish and Wildlife Service
                               2 Green Acres Administration
                               3 Ocean County Board of Chosen Freeholders
                               4 Ocean County Environmental Agency
                               5 Municipal governing bodies and environmental
                                     commissions
                               6) Non-profit environmental organizations

              Resources        1) U.S. Fish and Wildlife Service, Division of Ecological
                                     Services
                               2) Green Acres Bond funds
                               3) Private foundation grants

              Required
              Legislation      None














                                             54










                Action Plan
                #2-30           Restrict development density and height at the
                                water's edge in already developed areas. Revise
                                municipal ordinances and municipal master plans
                                accordingly.
                Rationale       Most of the development surrounding Barnegat Bay and its
                                tributaries is composed of low-rise single family residential
                                units or marine commercial. The scale of existing
                                development and open character of the Bay provide a
                                perception of open space. Therefore, in order to maintain
                                the sense of open space in developed areas the scale of
                                development needs to be restricted.

                Lead
                Responsibility  1) Municipal governing bodies to adopt municipal
                                      ordinances
                                2) Municipal planning boards to revise master plans

                Cooperating
                Parties         Advisory role:
                                1) N.J. Department of Environmental Protection and
                                      Energy
                                2 Ocean County Planning Board
                                3 Citizen advisory groups
                                4 Rutgers University Department of Urban Planning and
                                      Policy Development
                Resources       No significant financial resources required

                Required
                Legislation     Municipal ordinances need to be introduced




















                                               55









              Action Plan
              #2.31            Encourage and promote maintenance of
                               commercial water dependent uses in appropriate
                               areas that provide water access and a sense of
                               open space.

              Rationale        Present open space in developed areas is provided by
                               public ownership, scale of development and provisions for
                               access provided by marine commercial uses. The nature of
                               these marine commercial uses tends to provide large
                               quantities of open space in the form of vehicle parking
                               areas, boat storage areas etc. Therefore, to maintain open
                               areas along the water, marine commercial uses must be
                               maintained. It should be noted that the use of stormwater
                               best management practices is especially important for these
                               developments due to their proximity to the water.

              Lead
              Responsibility   1) Municipal governing bodies
                               2) Municipal planning boards and zoning boards

              Cooperating
              Parties          Advisory role:
                               1) N.J. Department of Environmental Protection and
                                     Energy
                               2@ Ocean Cou*nty Planning Board
                               3 Rutgers University Department of Urban Planning and
                                     Policy Development

              Resources        No significant financial resources required

              Required
              Legislation      May require new municipal zoning ordinances or revisions
                               to existing ordinances



















                                             56








               Objective 5    Recommend development designs that minimize
                              impacts to natural habitats and maintain wildlife
                              corridors. (see also Action Plan #3.13)


              Action Plan
              #2.32           Adopt a municipal ordinance for tree protection.

              Rationale       Minimizing the cutting of trees during site development
                              helps limit increased surface drainage, sedimentation and
                              soil erosion, decreased soil fertility and loss of wildlife
                              habitat.

              Lead
              Responsibility  Municipal governing bodies
              Cooperating
              Parties         For guidance:
                              1) N.J. Department of Environmental Protection and
                                    Energy, Division of Parks & Forestry
                              2@ Ocean County Shade Tree Commission
                              3 Municipal environmental commissions

               Resources      No significant financial resources required

               Required
               Legislation    May require new municipal ordinances or revisions to
                              existing ordinances (see Appendix 14 for model ordinance)























                                            57









              Action Plan
              #2.33             Develop and implement a River and Stream
                                Corridor Protection Program. Establish a system
                                of protected, connected, open space lands along
                                rivers and streams to protect the natural integrity
                                of waterways and adjacent lands.

              Rationale         Maintaining natural vegetative cover along waterbodies can
                                reduce erosion and sedimentation, provide -wildlife habitats
                                and travel paths, protect structures from flood damage,
                                provide public open space and provide opportunities for
                                access to a scenic natural resource. These corridors would
                                also strengthen and supplement the N.J. Freshwater
                                Wetlands Protection Act.

              Lead
              Responsibility    The N.J. Legislature to authorize waterway corridor
                                protection

              Cooperating
              Parties           1) N.J. Department of Environmental Protection and Energy,
                                      Office of Regulatory Policy should develop
                                      regulations to provide waterway corridors.
                                2) Ocean County Environmental Agency
                                3) Municipal environmental commissions

              Resources         None required

              Required
              Legislation       Legislation will be needed to authorize waterway corridor
                                protection. The Massachusetts River Protection Act should
                                be considered as a possible model for implementation (see
                                Appendix 15).


















                                               58










                    Action Plan
                    #2.34                Increase the size of the enforcement staff at the
                                         N.J. Department of Environmental Protection and
                                         Energy (DEPE) so they can consistently and
                                         uniformly enforce regulations requiring buffers
                                         and preservation of vegetation under the Coastal
                                         Area Facility Review Act.

                    Rationale            The sections of the DEPE responsible for enforcement of
                                         environmental regulations are currently understaffed.
                                         Increasing the staffing of these offices and, hence, their
                                         enforcement abilities, would help assure the preservation of
                                         buffers and limit the cutting of on-site vegetation, thereby
                                         helping limit increased surface drainage, sedimentation
                                         and soil erosion, decreased soil fertility and loss of wildlife
                                         habitat and generally promote effectiveness in
                                         environmental protection.

                    Lead
                    Responsibility 1 N.J. Legislature
                                         2@ DEPE

                    Cooperating
                    Parties              Residents of the area can report questionable activities
                    Resources            Increasing the *Size of the enforcement staff of the DEPE will
                                         require the allocation of additional State funds to these
                                         offices. Fines collected for enforcement actions could be
                                         used to offset the added cost.

                    Required
                    Legislation          An amendment to R.S.12:7-23.6 is required to return fines
                                         to the law enforcement agencies rather than the General
                                         Fund of the State Treasury.



















                                                           59








                                Chapter III: SENSITIVE AREAS PROTECTION


                  Introduction

                          The Barnegat Bay and its watershed is a complex network of habitats.
                  These habitats support a wide variety of species on land and water and work
                  together to regulate and maintain a healthy Bay environment. These habitats
                  are dependent on clean water to thrive; they are sensitive to deterioration of
                  water quality and susceptible to the negative effects of increased development
                  and human activity in the watershed. Activities may directly damage one
                  habitat, and because habitats are interlinked, other areas suffer secondary
                  damage. Below is a list of sensitive areas found in the Barnegat Bay
                  Watershed. Descriptions of each may be found in the Glossary.

                          Bay Islands                Bay Beaches                      Dunes

                    Hard Clam Depurating         Intertidal and Subtidal        Ponds and Lakes
                          Relay Beds                   Shallows

                            Forests              Rivers and Estuaries           Shellfish Habitats

                     Submerged Aquatic           Rare and Exemplary             Coastal Wetlands
                          Vegetation                 Communities

                    Freshwater Wetlands             Wetland Buffers             Furbearer Habitat

                       Endangered and             Intermittent Stream           Anadromous Fish
                     Threatened Species                Corridors                Spawning Runs
                            Habitat


                        aterfowl Habitats         Colonial Waterbird
                                                     Nesting Sites


                  Buffer Protection

                          Establishing buffers and retaining them between development and the
                  Bay and its waterways can improve water quality of runoff and thereby protect
                  important habitats. Buffers are important pollution mitigation measures because
                  not all nonpoint source pollution can be treated with best management
                  practices. Forested buffers are a superb filter and regulator of the environment.
                  Less rain runs immediately off forested areas and sediments are filtered out
                  before runoff exits a forested buffer. In addition, bacteria, which thrives in leaf
                  litter on the forest floor, is effective in removing nitrogen left over from lawn
                  application. Wetland buffers also trap sediment and filter pollutant runoff from
                  land. In addition to their water purification functions, these buffers also harbor
                  wildlife. Maintaining buffers along stream corridors is especially important as it
                  provides paths connecting habitat areas.


                                                          61









                        State freshwater wetlands laws should be reexamined, as existing
                 statutory buffer requirements may be insufficient in width to permit the buffer to
                 improve water quality. Buffers need to be maintained in a forested, natural
                 state. Buffers regulations currently restrict construction to prevent wetland
                 damage, but do not regulate mowing or planting non-native vegetation, which
                 can be equally damaging.

                 Habitat Protection

                        Saltwater wetlands are the food-rich marsh and tidal flats where crabs
                 and young fish reside and waterfowl feed. Tidal marshes provide protection
                 against erosion by absorbing wave energy, stabilizing sediment and absorbing
                 excess runoff. This area is better known to modern man as waterfront real
                 estate. The competition between nature, marinas and homeowners has been
                 intense.

                        Non-tidal wetlands are home to a number of the Bay region's rare plant
                 and animal species unable to exist outside of these wet habitats. Direct
                 destruction through filling, draining or paving has been slowed due to statutory
                 protection. Wetlands can be indirectly damaged through overloading of
                 sediments generated from poorly managed construction sites. Seasonal
                 recreational activities have also caused unintentional damage to the resources
                 of the Bay as curious boaters and hikers intrude into nesting areas, damaging
                 dune plants and frightening birds intolerant of human interference.

                        Upland habitats are disappearing due to development and related
                 activities. Forests are being cleared as suburbanization spreads throughout the
                 watershed. As forests disappear, so do habitat opportunities for birds and other
                 wildlife. Suburbanization is resulting in the loss of rare and exemplary
                 vegetative communities, which contribute to the diversity of the watershed.

                 Vegetation Protection

                        The Barnegat Bay is shallow, a characteristic which allows sunlight to
                 penetrate the Bay's waters. Ught supports the vast underwater beds of grass.
                 Submerged aquatic vegetation (SAV) beds are food for ducks and geese and
                 indirect food sources for egrets and herons that feed on crabs and fish that
                 inhabit the SAV beds. SAV beds clear the Bay's water by trapping and filtering
                 tremendous loads of sediment, thereby clarifying water for better growing
                 conditions. SAV beds are susceptible to propeller damage when boaters stray
                 from navigation channels across shallow Bay areas.

                        Forested buffer areas perform valuable cleaning functions for runoff
                 described earlier. Forested areas require maintenance and protection from
                 clearing to ensure they remain healthy.





                                                       62








                 Water Quality Protection

                       Development has rapidly increased the amount of impervious surfaces
                 and lawn areas within the watershed, and has hence increased stormwater
                 runoff. Stormwater is a major vehicle for pollution to be introduced to
                 waterbodies. In recent decades, as development in the Barnegat Bay
                 watershed has surged, runoff from developed land has included a more potent
                 and harmful range of chemicals. For instance, pesticides and fertilizers are
                 washed from suburban lawns. Petrochemical residue and toxic chemical
                 residue from automobiles collect on impervious surfaces, waiting to be washed
                 into the nearest stormwater facilities and eventually into the Bay.

                       Nitrogen and phosphorus occur naturally in soil. Small amounts of these
                 elements naturally erode into waterways and are deposited into the Bay where
                 they fertilize much of the Bay's phytoplankton and nourish the Bay's SAV beds.
                 Currently the Bay is being overloaded with nutrients from fertilizers washed from
                 laidns. This can cause the production of too much phytoplankton which can
                 cloud the water, thereby diminishing light for underwater grasses.

                       Small amounts of sediment are healthy for the Bay. Sediments are a
                 source of nutrients and building materials for marshes. The increased sediment
                 entering the Bay can be deadly as it smothers the eggs of spawning fish,
                 damages gills of fish and contributes to the clouding of waters.

                       Excessive stormwater causes severe physical degradation of smaller
                 waterways. Rain, which used to soak into soil, is now collected from impervious
                 surfaces, channeled into gutters and is drained into streams. Rain also runs
                 overland in what is called "overland flow" and eventually drains into streams.
                 Streams are subject to flooding for brief periods which result in widened
                 channels with bare, eroded banks. Erosion must be controlled to minimize
                 sediment.in stormwater. Existing stormwater systems should be retrofitted with
                 pollution and discharge controls to reduce the sediment load and velocity of
                 stormwater discharge.

                       The Barnegat Bay water body, an important component of Ocean
                 County's economy, is a recreational attraction for fishing, boating and bathing.
                 The Bay's popularity as a summer vacation retreat and sporting playground has
                 served as a catalyst to environmental decline and loss of sensitive areas. The
                 increase of pollutant loading has had a detrimental effect on water quality and a
                 deteriorating domino effect on all organisms that depend on the Bay for survival.

                 Action Agenda

                       Increased development throughout the Bay watershed has slowly filled,
                 cut down and paved-over sensitive areas. The real estate improvements met
                 development standards imposed by local planning boards and, often, State
                 agencies, which attempted to mitigate and minimize negative environmental
                 impacts. Mitigation was never 100% and adverse impacts slowly accumulated
                 throughout the watershed, outside the jurisdiction and accountability of any one


                                                     63







                 municipality. Affirmative management practices implemented on a watershed
                 basis are necessary to avoid continuing to make mistakes of the past. We can
                 no longer use the Bay without considering the negative impacts on sensitive
                 areas which result from our use. We must begin to view the Bay as an entire
                 watershed system of forests, wetlands, streams, tidal flats and the Bay's waters.
                 We must become responsible stewards, amending regulations and our
                 behavior to protect a sensitive resource so future generations may continue to
                 enjoy it.

                       With appropriate management of the watershed, the damage can be
                 mitigated. This will require coordinated action on the part of government and
                 citizens to restore the environmental health of the Bay. The Action Plans in this
                 chapter recommend new legislation, increased planning efforts, enhanced
                 awareness of the importance of sensitive areas and modification of individual
                 behavior. The Action Plans of this chapter of the Watershed Management Plan
                 for Bamegat Bay are organized around of the following objectives:

                               1     Maintain and improve the overall water quality of Barnegat
                                     Bay through environmentally sensitive land use practices
                                     and recreational use management.

                              2)     Protect and enhance the quality of near shore and
                                     estuarine habitats critical to sustaining a balanced Bay
                                     ecosystem (i.e., areas east of Route 9)

                              3)     Maintain and improve the quality and diversity of native
                                     flora, fauna and biological communities; enhance valuable
                                     natural habitats and features within the watershed of the
                                     Barnegat Bay ecosystem.





















                                                       64









                Objective 1         Maintain and improve the overall water quality of
                                    Barnegat Bay through environmentally sensitive
                                    land use practices and recreational use
                                    management.


                Action Plan
                #3.1                Protect intermittent streams by establishing
                                    policies which prohibit discharge of untreated
                                    stormwater into them. (see also Action Plan #2.1)


                Rationale           Intermittent stream corridors are habitats for rare and
                                    endangered flora and fauna. They are also habitat for
                                    recreationally and commercially important wildlife,
                                    especially as travel corridors between larger habitat areas.
                                    Intermittent streams are spring areas for freshwater and
                                    coastal streams in the Bay ecosystem. As headwater areas,
                                    these streams serve a critical role to the overall water
                                    quality of the watershed, especially those which function as
                                    groundwater discharge points. Due to their small size and
                                    impermanent nature, intermittent streams are very
                                    susceptible to surface and subsurface disturbances,
                                    particularly human related disturbances.

                Lead
                Responsibility      The N.J. Department of Environmental Protection and
                                    Energy should amend stormwater discharge policies to
                                    prohibit discharge of untreated stormwater into intermittent
                                    streams.

                Cooperating
                Parties             Ocean County Planning Board should amend County
                                    stormwater management regulations to prohibit future
                                    discharges. The County should also initiate action to
                                    decrease existing untreated discharges.

                Resources           No additional resources would be required for policy
                                    formulation. Funding would be required for modification of
                                    existing stormwater systems to eliminate untreated
                                    discharges.

                Required
                Legislation         None






                                                   65









              Action Plan
              #3.2             Draft and implement a regional stormwater
                               management plan for the Barnegat Bay watershed.
                               Identify sources of nonpoint pollution.

              Rationale        Most human activities and developments contribute to
                               polluted runoff and discharges which then contribute to the
                               deterioration of Barnegat Bay's water quality. Excess
                               nutrients contribute to increased phytoplankton growth;
                               excess sediments harm fish and clams. The sources and
                               activities which contribute and result in polluted runoff need
                               to be identified and controls need to be suggested and
                               implemented to reduce degradation. The development of
                               municipal stormwater plans is important, but due to the
                               extralocal nature of stormwater, a regional plan is
                               imperative. (see also Action Plan #2.1).

              Lead
              Responsibility   Ocean County Planning Board should initiate the data
                               collection for sources of degradation and prepare the
                               watershed stormwater management plan.

              Cooperating
              Parties          1) Technical assistance may be required from:
                                     a) N.J. Department of Environmental Protection
                                          (DEPE)
                                     b) U.S. Department Of Agriculture, Soil Conservation
                                          Service
                                     c) Ocean County Soil Conservation District

                               2) Municipal planning boards should assist in the the data
                                     collection and implementation of a regional
                                     stormwater plan. Much of this data will have already
                                     been gathered as a result of activities conducted
                                     under the Sewer Infrastructure Improvement Act.

              Resources        Additional funds will be required. for data collection,
                               research and preparation of a stormwater management
                               plan. The State Legislature, the DEPE and the Ocean
                               County Board of Chosen Freeholders should contribute
                               funding to prepare this regional stormwater plan.

              Required
              Legislation      None







                                              66










             Action Plan
             #3.3          Develop an educational program which promotes
                           appreciation of the significance and protection
                           needs of sensitive areas and encourages
                           appropriate passive recreation. (see also Action
                           Plans #7.4 and #7.7)

             Rationale     Effective protection of sensitive areas requires the
                           development of an appreciation of their ecological
                           importance. Encouraging appropriate passive recreational
                           and educational use of sensitive areas assists in their
                           protection by minimizing impacts while developing an
                           appreciation of the resources and establishing the reason
                           for their protection. Educating citizens can lead to modified
                           behavior and activities which lessen the negative impacts
                           on the Bay.

             Lead
             Responsibility Ocean County Department of Parks and Recreation

             Cooperating
             Parties       1) N.J. Department of Environmental Protection and Energy
                           2) N.J. Sea Grant Program
                           3) N.J. Marine Sciences Consortium
                           4) U.S. Fish and Wildlife Service
                           5) School systems in Ocean County
                           6) Environmental organizations

             Resources     Private foundation grants should.be sought by the
                           appropriate public and nonprofit entities to assist in the
                           development of a curriculum.

             Required
             Legislation   None
















                                        67








                 Objective 2          Protect and enhance the quality of near shore and
                                      estuarine habitats critical to sustaining a balanced
                                      Bay ecosystem (i.e., areas east of Route 9).


                 Action Plan
                 #3.4A                Restrict access to estuarine habitats by posting
                                      near-shore critical habitats during the waterfowl
                                      nesting season (April I - August 15). Water craft
                                      landings should only be allowed under emergency
                                      circumstances. (see also Action Plan #2.15)

                 Action Plan
                 #3.4B                Prohibit anchoring watercraft within posted areas
                                      adjacent to critical habitats. Consider the
                                      minimum buffer areas:
                                             1) Nesting   raptors = 300 feet
                                             2) Nesting   black skimmers = 300 feet
                                             3) Nesting   wading birds       300 feet
                                             4) Nesting   tern colonies       150 feet

                 Rationale            Near-shore critical habitats include endangered and
                                      threatened species habitats, colonial water bird nesting
                                      sites (e.g., herons, egrets, ibis, terns and skimmers), and
                                      migratory waterfowl stopover sites. Many of these species
                                      are not tolerant of human contact. Therefore, human
                                      disturbances can render habitat unsuitable for these
                                      important species, further threatening their survival in New
                                      Jersey. The major sources of impact to these habitats are
                                      personal watercraft (jet-skis) which can navigate shallow
                                      narrow waterways, anchoring of craft in proximity of these
                                      habitats and the landing of recreational craft on dredge
                                      spoil islands which provide critical habitat. However boats
                                      passing by these habitats cause only a temporary
                                      disturbance to the species of concern and ov  'er time those
                                      species are able to adapt to these disturbances. Therefore,
                                      this element of the management plan does not prohibit
                                      navigating in proximity to these habitats, but does seek to
                                      eliminate direct disturbances and occupation of the critical
                                      buffer area during breeding season.

                 Lead
                 Responsibility       The N.J. Department of Environmental Protection and
                                      Energy, Divisions of Parks and Forestry and Fish, Game
                                      and Wildlife should identify and post critical near-shore
                                      habitats and enforce access restrictions.






                                                        68









            Cooperating
            Parties        1) The Tidelands Resource Council, within its limited
                                authority, should impose access restrictions to tidal
                                areas, where necessary to protect critical habitats.
                           2) The N.J. State Police, Bureau of Marine Law
                                Enforcement should assist in enforcing access
                                restrictions.

            Resources      Additional funding will be required by the N.J. State Police,
                           Bureau of Marine Law Enforcement to enhance
                           enforcement capabilities. This funding could be provided
                           by increasing boat registration fees, which requires an
                           amendment to R.S. 12:7-34.47 (Power Vessel Act). This
                           money is already dedicated to marine law enforcement
                           efforts pursuant to R.S. 12:7-34.48a.

            Required
            Legislation    None








































                                                                 1991


                                       69





                                          FIGURE 3
     Cdonial
     Waterbird
     Nesting             Sites                                            itdcto-A Riv-



                                                                   3 7




     LEGEND

               Colonial Nesting
               Birds


     Source:    NJDEPE, Division of
                Fish, Come and
                Wildlif e












                NIDEPE                           A/










              Action Plan
              #3.5            For undeveloped areas:
                              Establish minimum buffers adjacent to
                              wetlands, waterways and sensitive habitats.
                              Consider the following minimum buffer areas:

                              A) Barnegat Bay - 100 feet, or erosion hazard area
                              (an area likely to be eroded in 30 years),
                              whichever is greater (see also Action Plans #3.6
                              and #4.18)

                              B) Shorebird Habitats (April 1 to August 15)
                                   1) Osprey - 300 feet
                                   2) Black Skimmer -300 feet
                                   3) Wading Birds - 300 feet
                                   4) Terns - 150 feet

                              C) Intermittent Streams - 25 feet

                              D) Wetlands and water areas supporting river otter
                                   habitat- 300 feet

                              E) Coastal Wetlands - to be determined

                              G) All other wetland/waterways:
                                   east of Route 9 - 100 feet
                                   west of Route 9 - 50 feet

              Rationale       A buffer would preserve wildlife habitat and open space
                              and will serve as a pollutant control zone to reduce the
                              impapts of development upon wetlands and wetlands
                              species. It would also provide temporary refuge for
                              wetlands fauna during high water episodes, critical habitat
                              for animals dependent upon but not resident in wetlands,
                              and allow for slight variations of wetland boundaries over
                              time due to hydrologic or climatologic effects. The bird
                              species listed above are not tolerant of human contact.
                              Human disturbances can render habitat unsuitable for
                              these important species, further threatening their survival in
                              the Barnegat Bay watershed. Current regulations only
                              allow buffers for a single reason (e.g., flood control). There
                              is a need to be able to comprehensively consider the value
                              and purpose of buffers.









                                            71









            Lead
            Responsibility 1) N.J. Legislature to amend the Wetlands Act of 1970
                                (N.J.S.A. 13:9A-1 gja=)
                           2) Municipal governing bodies to adopt protective
                                ordinances
                           3) N.J. Department of Environmental Protection and Energy
                                (DEPE), Division of Fish, Game & Wildlife to restrict
                                access to habitats under existinp wildlife harassment
                                provisions of Title 23 (the Fish, Game & Wildlife
                                statutes)

            Cooperating
            Parties        Technical assistance may be required from the following:
                           1 @ DEPE, Office of Regulatory Policy
                           2 Ocean County Soil Conservation District
            Resources      No significant financial resources required

            Required
            Legislation    Requires amendment to the Wetlands Act of 1970 (N.J.S.A.
                           13:9A-1 et seg.) or municipal ordinances need to be
                           introduced.

                           Amendment of the Wetlands Act of 1970 to establish
                           minimum buffers adjacent to coastal wetlands will serve to
                           minimize the impacts of human activities on the wetlands
                           regulated by the DEPE. Alternatively, adoption of municipal
                           ordinances which establish minimum buffers adjacent to
                           coastal wetlands will serve the same purposes as above
                           and will minimize the impacts of human activities on the
                           wetlands not currently regulated by the DEPE (development
                           which falls below the threshold of the Coastal Area Facility
                           Review Act and outside the wetlands boundary mapped
                           under the Wetlands Act of 1970).

                           In addition, development of setbacks from the waters edge
                           to maintain shoreline open space and habitat protection
                           may require new municipal zoning ordinances or revisions
                           to existing ordinances.
















                                       72










               Action Plan
               #3.6             Adopt municipal ordinances which recognize
                                erosion hazard areas equivalent to the area likely
                                to be eroded in 30 years and prohibit new
                                development and redevelopment in this area..
                                (see also Action Plans #3.5 & #4.18)

               Rationale        Beaches provide valuable forage areas for a variety of
                                wading birds. Dune systems also provide habitats for
                                wildlife species. Although comprehensive identification of
                                appropriate areas may indicate that this policy is applicable
                                in a limited number of locations, a setback equivalent to the
                                30 year erosion rate will provide important ecosystem
                                protection at these sites. The Rules on Coastal Zone
                                Management requires that all coastal development
                                regulated under the Coastal Area Facilities Review Act be
                                consistent with this policy. Adoption of similar municipal
                                ordinances would provide for more comprehensive
                                environmental protection and would increase municipal
                                influence over local land use.


               Lead
               Responsibility   The N.J. Department of Environmental Protection and
                                Energy (DEPE), Office of Regulatory Policy should
                                promulgate model ordinances for municipal beach & dune
                                setback ordinances

               Cooperating
               Parties          Ocean County bayfront municipalities should adopt DEPE
                                      model ordinances.


               Resources        None

               Required
               Legislation      A) Municipalities need to adopt ordinances consistent with
                                this action plan.

                                B) Legislation is needed amending N.J.S.A. 13:19-1 et seg.
                                (the Coastal Area Facility Review Act ) to remove the
                                exemption of 24 or fewer units so that this action plan can
                                also be more comprehensively implemented by DEPE.

                                C) Strengthen the county enabling legislation and develop
                                an interagency agreement in order to effect transference of
                                the administrative requirements of the Coastal Area Facility
                                Review Act (CAFRA) from DEPE to the Ocean County
                                Planning Board. (see Action Plan #2.2)
                                Completion of any of the above legislative actions will
                                provide for more thorough environmental protection while


                                              73








                                     ac@-hieving interagency consistency and providing more
                                     regulatory authority on the local level.














































                                                     74










               Action Plan
               #3.7A            Prohibit new or expanded marinas within shellfish
                                habitat areas.


               Action  Plan
               #3.7B            Prohibit new dredging within shellfish habitat,
                                except for existing marina facilities. Discourage
                                new dredging adjacent to shellfish habitat, and
                                where there is a demonstrated need and no
                                feasible alternative, manage dredging to minimize
                                any impact to the shellfish and their habitat. (see
                                also Action Plan #4.13)

               Action Plan
               #3.7C            Allow maintenance dredging In shellfish habitat
                                provided that impacts to the shellfish and the
                                habitat are minimized, including the use of
                                shellfish recovery programs. (see also Action Plan
                                # 4.13)

               Action Plan
               #3.7D            Prohibit new dredging In submerged aquatic
                                vegetation (SAV) habitat, except where necessary
                                to accommodate a needed public facility which
                                has no prudent or feasible alternative location.
                                (see also Action Plan #4.14)

               Action Plan
               #3.7E            Prohibit construction of new facilities, including
                                marinas, launching ramps and private docks, In
                                areas where SAV habitat must be traversed in
                                order to access the open Bay, unless there is an
                                existing channel or water depth of three feet or
                                greater at mean low water over the habitat.
                                Depths must be verified by survey. Only public
                                facilities which have no prudent or feasible
                                alternative non-SAV site, and for which there is a
                                demonstrated demand which cannot be met by
                                existing facilities, may be exempted from the
                                policy.

               Rationale        Boating is an important recreational and economic resource
                                in New Jersey. However, overuse of the Barnegat Bay and
                                poorly sited facilities can have a significant adverse
                                environmental effect on the Bay. For example, marinas
                                sited in close proximity to shellfish beds can result in the
                                closure of those beds for harvest. Similarly, facilities sited
                                in areas where submerged aquatic vegetation exists result
                                in pressure for new navigation channels which destroy the


                                               75








                           vegetation. These reasons illustrate the need for managing
                           boating facilities and activities.

            Lead
            Responsibility 1) The N.J. Department of Environmental Protection and
                                Energy (DEPE) should revise the Rules on Coastial
                                Zone Manaaement to be consistent with these
                                policies.
                           2) Municipalities should adopt ordinances which are
                                consistent with these policies.

            Cooperating
            Parties        The DEPE Land Use Regulation Program needs to enforce
                           new regulations through the permit process in consultation
                           with the DEPE, Division of Fish, Game and Wildlife, Bureau
                           of Shellfish and the DEPE, Science and Technical
                           Programs, Bureau of Marine Water Classification.

            Resources      None

            Required
            Legislation    Municipalities should adopt ordinances which are
                           consistent with these policies.



























                                       76










                   Action Plan
                   #3.8                 Create habitat using dredge spoils.

                   Rationale            Dredge spoils are a renewable resource that is generated
                                        from the routine maintenance of navigation channels. If
                                        used properly, these dredge spoils can serve a beneficial
                                        purpose by providing a viable habitat for birds which nest
                                        on isolated beaches.


                   Lead
                   Responsibility       The N.J. Department of Environmental Protection and
                                        Energy (DEPE), Division of Fish, Game and Wildlife should
                                        find potential sites for the creation of habitats from dredge
                                        spoils.

                   Cooperating
                   Parties              1) The Ocean County Soil Conservation District should
                                               assist in siting potential dredge spoil habitat sites.
                                        2) Municipalities at the Bay's edge should cooperate with
                                               the DEPE, Bureau of Coastal Engineering in the
                                               creation of these habitats


                   Resources            None

                   Required
                   Legislation          The Fund for the Support of Free Public Schools (The
                                        School Fund) was created in the New Jersey Constitution of
                                        1947 (Article Vill, section 4, paragraph 2). Title 18A-
                                        Education (N.J.S.A. 18A;56-1 et seg.) provides for the
                                        proceeds from the sale or lease of lands under water to be
                                        dedicated to support public schools (The School Fund). An
                                        amendment to N.J.S.A. 18A;56-1 et seq. is needed to
                                        exempt the DEPE, Bureau of Coastal Engineering from
                                        paying fair market value into the School Fund when
                                        creating habitat from dredge spoils.
















                                                          77









              Action Plan
              #3.9             Consistently apply the regulations found in
                               N.J.A.C. 7:7E-1.1 et seg. (Rules on Coastal Zone
                               Management which allow for maintenance of
                               anadromous fish spawning runs within the
                               Barnegat Bay watershed.

                               a) Prohibit development which creates a physical.
                                     barrier to the movement of fish (e.g., dams,
                                     dikes, spillways and Intake pipes) unless
                                     acceptable mitigating measures are used
                                     (e.g., fish ladders).

                               b) Require mitigation measures for any
                                     development which would result in: lowering
                                     dissolved oxygen levels, raising ambient
                                     water temperature, causing siltation or
                                     raising turbidity levels.

                               c) Incorporate mitigation access structures, such
                                     as fish ladders, on water's edge
                                     development

                               d) Enhance anadromous fish spawning runs by
                                     Installing fish ladders where needed '
                                     removing obstructions, stocking and other
                                     acceptable means.

              Rationale        Two species of herring, an anadromous fish and important
                               forage species, are found along New Jersey's coast in
                               marine, estuarine and lacustrine habitats. Herring are of
                               commercial importance as a human food source, crab bait,
                               fish meal, and fish oil. They play an important role in the
                               food web, occupying an intermediate level between
                               zooplankton and piscivores. The Rules on Coastal Zone
                               Management offer protection of these fish and should be
                               consistently applied.

              Lead
              Responsibility   N.J. Department of Environmental Protection and Energy
                               (DEPE), Land Use Regulation Programs to apply
                               appropriate sections of N.J.A.C. 7:7E-1.1 et seq. to all
                               appropriate development applications.

              Cooperating
              Parties          1) DEPE, Division of Fish, Game and Wildlife
                               2) U.S. Fish and Wildlife Service
                               3) U.S. Army Corp of Engineers



                                             78









                 Resources           Funding will be requirpd to construct migration access
                                     structures. Possible sources of funding are:
                                     1) Permit fees for coastal development
                                     2) Annual fee for coastal development having direct impact
                                            on Bay ecology
                                     3) Mitigation fees,for violations
                                     4) Commercial harvester fees

                 Required
                 Legislation         None








































                                                      79









              Objective #3     Maintain and improve the quality and diversity of
                               native flora, fauna and biological communities;
                               enhance valuable natural habitats and features
                               within the watershed of the Barnegat Bay
                               ecosystem.


              Action Plan
              3.10             Strengthen and rigorously enforce regulations to
                               protect endangered and threatened species
                               habitats from needless destruction by land
                               development. Regulations include:
                               1) The Rules Qn Coastal Zone Management
                               2) Pinelands Comprehensive Management Plan
                               3) Freshwater Wetlands Protection Rules
                               4) Municipal zoning and development ordinances

              Rationale        Endangered and threatened species are facihg possible
                               extirpation in the watershed and State and possible
                               extinction worldwide due to a loss of suitable habitat or past
                               exploitation through human activities. Their disappearance
                               from the Barnegat Bay watershed would represent a loss to
                               human use, education, research and the quality of the
                               ecological systems within the watershed.

              Lead
              Responsibility   The N.J. Department of Environmental Protection and
                               Energy, Office of Regulatory Policy and Land Use
                               Regulation Program should'research enhanced protection
                               standards.

              Cooperating
              Parties          1) N.J. Pinelands Commission
                               2) Municipal planning boards

              Resources        None

              Required
              Legislation      1) The Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-
                                     1 et seq.)should be strengthened to classify wetlands
                                     providing habitat for State Endangered Plant
                                     Species as exceptional resource value Wetlands
                               2) The Rules on Coastal Zone Management (N.J.A.C. 7:7E-
                                     1.1 et seg.) and Pinelands Comprehensive
                                     Management Plan regulations (N.J.S.A. 13:18A-1 gI
                                     M.) should be strengthened to provide protection to
                                     species identified as "Special Concern" pursuant to
                                     the State Endangered Plant Species List Act.


                                             80









                                   3) Municipal ordinances should be created to protect
                                          upland habitat for endangered and threatened
                                          species.
                                   4) State statutes should be created to protect upland habitat
                                          for endangered and threatened species outside the
                                          Pinelands and Coastal Zones.













































                                                                    V





                                                   81









              Action Plan
              #3.11            Develop and implement sound management
                               practices for rare and endangered species. on
                               publicly-owned lands. Research and amend
                               management practices to monitor, protect and
                               improve the condition of endangered and
                               threatened species and habitats.

              Rationale        Endangered and threatened species are facing possible
                               extirpation in the watershed due to human activity and loss
                               of habitat. Endangered and threatened species are integral
                               components of natural ecological communities and are
                               needed to sustain the ecological systems and the biological
                               diversity of the watershed.

              Lead
              Responsibility   The following divisions of the N.J. Department of
                               Environmental Protection and Energy should initiate the
                               preparation of management practices:
                               1) Division of Parks and Forestry
                               2) Division of Fish Game and Wildlife

              Coo perating
              Parties          Conservation organizations could play a positive role by
                               offering technical assistance in the preparation of
                               management practices and in providing public education.

              Resources        Additional funding may be required for species
                               management research.

              Required
              Legislation      None



















                                             82










              Action Plan
              #3.12             Regulateaccess to undeveloped Bay islands to
                                protect habitat.

              Rationale         Bay islands contain valuable wildlife habitats or have the
                                potential to become habitats. Their value for habitat areas
                                stems from their isolation from human activity as compared
                                to the intense development and use of oceanfront islands.
                                These islands also contain and are adjacent to areas of
                                high environmental sensitivity including wetlands, shellfish
                                beds and rare and endangered wildlife habitats. Access to
                                these islands could pose a great threat to these natural
                                resources and habitats.

              Lead
              Responsibility    The N.J. Department of Environmental Protection and
                                Energy (DEPE) should initiate revisions to the Rules on
                                Coastal Zone Management (N.J.A.C. 7:7E-3.21 IL&W to
                                control access on undeveloped Bay islands.

              Cooperating
              Parties           The U.S. Coast Guard and N.J. Marine Police should assist
                                in the enforcement of access regulations to Bay islands to
                                protect habitat. The DEPE should also recommend
                                legislative amendments to the Coastal Area Facility Review
                                Act (CAFRA) (N.J.S.A. 13:19-1 et seq) to lower the 25-unit
                                development threshold for CAFRA review so that this action
                                plan can be comprehensively implemented.

              Resources         Additional funding will be required by Ihe N.J. State Police,
                                Bureau of Marine Law Enforcement to enhance
                                enforcement capabilities. This funding could be provided
                                by increasing boat registration fees, which requires an
                                amendment to R.S. 12:7-34.47. This money is already
                                dedicated to marine law enforcement efforts pursuant to
                                R.S. 12:7-34.48a.

              Required
              Legislation       The Legislature should examine and revise CAFRA to lower
                                the 25-unit development threshold for CAFRA review so that
                                this action plan can be comprehensively implemented.










                                              83









              Action Plan
              #3.13            Recognize the value of forests and take steps to
                               properly maintain and manage this resource.
                               Monitor insects, diseases and growth
                               characteristics.

              Rationale        Forests stabilize soil, retard erosion and runoff, promote
                               infiltration of surface water, reduce the force of the wind,
                               provide food shelter and breeding sites for wildlife and add
                               aesthetic values for recreation and domestic life. Trees also
                               release oxygen, filter particulate pollutants, and provide
                               foods and fuel.


              Lead
              Responsibility   The N.J. Department of Environmental Protection and
                               Energy, Division of Parks and Forestry, Bureau of Forest
                               Management should undertake the following actions:
                               1) Cooperate with municipalities on the implementation of
                                     the Forest Health Monitoring Initiative Program and
                                     the Community Forestry Program.
                               2) Assist Ocean County Planning Board and Ocean County
                                     Department of Parks and Recreation on the
                                     formulation of a Forest Management Plan for Ocean
                                     County'

              Cooperating
              Parties          The Ocean County Agricultural Extension Service should
                               provide information and instruction on forest management
                               to municipalities and landowners.

              Resources        None

              Required
              Legislation      Municipalities should adopt tree removal ordinances that
                               reflect a policy of no net loss of environmental benefits
                               attributable to trees. (see also Action Plan #2.23)















                                             84









                   Action Plan
                   #3.14                Adopt a uniform set of regulations statewide,
                                        including Pinelands and the Coastal Area Facility
                                        Review Act regions, which strengthen protection of
                                        Endangered and Threatened species and Species
                                        of Special Concern.

                                        1) Prohibit possession, sale and transportation of
                                               any native plant or animal listed as
                                               Endangered, Threatened or of Special
                                               Concern

                                        2) Prohibit destruction and detrimental alteration
                                               of Endangered and Threatened species
                                               habitats

                                        3) Strengthen penalties for violations

                   Rationale            Strengthened protection is needed to save rare and
                                        endangered species from extirpation in the state. Habitats
                                        should be protected from direct destruction due to
                                        development activities and hobbyists seeking specimens
                                        for collections. Penalties could be collected to offset
                                        enforcement costs.


                   Lead
                   Responsibility       1) The N.J. Department of Environmental Protection and
                                        Energy, Natural and Historic Resources Group should
                                        promulgate new regulations for species and habitat
                                        protection.
                                        2) N.J. Pinelands Commission

                   Cooperating
                   Parties              1) Ocean County Environmental Agency
                                        2) Conservation groups
                                        3) Municipal environmental commissions

                   Resources            Funding will be required for enhanced enforcement. Fines
                                        collected for enforcement actions could be used to pay the
                                        salaries of the enforcement staff, however, this would
                                        require new legislation.










                                                           85









             Required
             Legislation      Legislation will be required to strengthen species
                              protection. The Massachusetts Endangered Species Act
                              should be examined as a model for implementation (see
                              Appendix 16).










































                                            86









                                    CHAPTER IV: WATER AREA AND USE


                  Introduction

                         Bamegat Bay is increasingly popular among recreational boaters. In the
                  Profile of the Barnegat Bay, Rogers, Golden, and Halpern estimate that of the
                  boats registered in New Jersey, 30,000 different vessels used Barnegat Bay at
                  some time during 1979. That number swelled to over 53,000 different vessels
                  during 1988. These numbers do not include non-motorized watercraft less than
                  12 feet in length such as rowboats, rafts, small sailboats and wind surfers.
                  While these numbers are a good representation of the popularity of recreational
                  boating on Barnegat Bay, they cannot be used to estimate the volume of vessel
                  traffic on the Bay. To estimate the actual number of boats operating on
                  Barnegat Bay at any one time, the Department of Environmental Protection and
                  Energy conducted an aerial survey on two Saturdays in mid-summer 1991.
                  Based on these surveys, the Department estimates that, at times of peak use,
                  more than 800 vessels were on the Bay at one time. Also these vessels are not
                  distributed evenly on the Bay, resulting in identifiable high traffic areas. This
                  volume of traffic results in three types of impacts on the Bay: natural resource
                  impacts from boat operation; user conflicts, including accidents; and natural
                  resource impacts from boating facilities. It is the intent of this plan to
                  recommend means to minimize these three types of conflicts.
                         The Barnegat Bay encompasses 47,615 acres. Of this area, nearly half
                  is less than 3 feet deep at mean low water. In -addition, the Bay contains
                  extensive eel grass and widgeon grass beds, as well as significant shellfish
                  beds. Further discussions of these and other sensitive areas are contained in
                  Chapter 111, Sensitive Areas Protection. The number of power vessels operating
                  on the Bay has the potential to severely impact these resources through prop
                  scar or increased turbidity resulting from.navigating in areas with insufficient
                  water depth. Further, this volume of vessel traffic can result in the erosion of
                  natural shorelines due to wash and wake. As discussed in Chapter III, boat
                  traffic can also result in disturbance to critical near shore habitats such as
                  colonial water bird nesting or waterfowl staging areas. These types of impacts
                  are most likely to occur in confined narrow waterways in and around dredge
                  spoil islands.

                         The second type of impact to be addressed by this element of the Plan is
                  that experienced by the Bay users. Though recreational boat registrations have
                  increased dramatically statewide, reported accidents have not. However, user
                  conflicts occur whenever one use of the Bay has a negative effect on another
                  use. These types of impacts include. vessel to vessel conflicts and the effects of
                  watercraft operation on swimmers, docked craft, and waterfront residents.

                      .  Facility impacts result from the construction of piers, marinas,.,
                  bulkheading and dredging. These facilities all require modifications to the
                  natural environment, compromising natural shorelines and wetlands,
                  submerged vegetation beds, shellfish beds, benthic communities and other
                  important resources.





                                                        87








                       In addition to direct facility construction impacts, certain vessel-related
                impacts are more appropriately addressed at the dock. These include the
                overboard discharge of trash and sewage. To facilitate the consolidation of
                water quality impact issues resulting from boating, the contribution of motorboat
                exhaust and fuel leakage is also addressed here.


                Action Agenda

                       The action steps outlined in the chapter are organized by water area and
                use objectives as follows:

                Natural Resource Impacts from Boating
                              1     Reduce erosion of natural shorelines and wetlands when
                                    caused by wash and wake of watercraft

                              2)    Restrict vessel operation to minimize the impact of boating
                                    on near-shore critical habitats.

                User Conflicts
                              3)    Regulate watercraft operation to minimize safety hazards
                                    and nuisance to waterfront residences.

                              4)    Minimize the potential for conflicts between watercraft by
                                    identifying areas suitable for special uses and encouraging
                                    those uses in designated areas, consistent to the extent
                                    practicable, with existing use patterns, and by establishing
                                    special speed advisories in hazardous areas.
                              5)    Improve boaters' adherence to existing Boat Operation
                                    Regulations (N.J.A.C. 7:6-1 .1 et seq.).

                              6)    Minimize the conflicts between watercraft and fishing
                                    equipment.

                Water Use Facility Deve lopment/I m pacts
                              7)    Permit new or expanded facilities only in environmentally
                                    appropriate areas.

                              8)    Minimize need for structural shore protection of natural
                                    shorelines.

                              9)    Maintain navig@t@ion channels to facilitate recreational
                                    boating and minimize environmental disturbance.

                              10)   Manage existing and proposed boating facilities to reduce
                                    boating impacts on the water quality of Barnegat Bay.







                                                     88








                   Natural Resource Impacts from Boating


                   Objective 1          Reduce erosion of natural shorelines and
                                        wetlands when caused by wash and wake of
                                        watercraft.



                   Action Plan
                   #4.1                 Post "no wake" zones where vessel wakes are
                                        documented to be causing erosion of natural
                                        shorelines.

                   Rationale            Powered watercraft can raise significant wakes that have
                                        the potential to erode natural shorelines. Shorelines in
                                        confined areas of the Barnegat Bay which are not subject to
                                        significant natural wave action, due to a limited fetch,
                                        generally accumulate finer sediments and are vegetated.
                                        These vegetated shorelines contribute to the ecologic
                                        health of the Bay by providing cover and grazing habitat for
                                        waterfowl and snore birds. These shorelines also
                                        contribute significantly to the decomposer portion of the
                                        food web. These shorelines are also most prone to erosive
                                        damage from vessel wake.

                                        In contrast, shorelines exposed to natural wave action
                                        generally consist of coarser sediments often appearing as
                                        sandy beaches. Where wetlands exist in these areas, they
                                        are usually protected by extensive mud flats or offshore
                                        sand bars. Vessel wakes in these areas are less likely to
                                        produce an erosive impact discernible from the natural
                                        wave action.

                                        New rules concerning vessel speeds were promulgated in
                                        the April 15, 1991 New Jersey Register by the Boat
                                        Regulation Commission, (N.J.A.C. 7:6-1.31). The new
                                        regulations require power vessels to maintain minimum
                                        headway when passing through lagoons, canals or other
                                        confined areas less than 200 feet wide. The effectiveness
                                        of this rule toward eliminating shoreline erosion is not
                                        known at this time. However, new recommendations
                                        concerning vessel wakes should not be proposed until this
                                        new rule can be evaluated. In the interim, if shoreline
                                        erosion resulting from vessel wakes can be identified and
                                        documented, additional precautions such as posting "no
                                        wake" zones to protect specific areas should be..taken.

                   Lead
                   Responsibility       1 N.J. Department of Law and Public Safety
                                        2@ N.J. Boat Regulation Commission


                                                          89








            Cooperating
            Parties        1) N.J. Department of Environmental Protection and Energy
                                (DEPE), Office of Regulatory Policy and DEPE,
                                Engineering and Construction Element to confirm
                                source of shoreline erosion
                           2) N.J. State Police, Bureau of Marine Law Enforcement for
                                enforcement of "no wake" zones

            Resources      This can be accomplished with existing resources.

            Required
            Legislation    New "no wake" zone designations based entirely on
                           environmental considerations may require authority beyond
                           that afforded by the navigation statutes found at Title 12.
                           Legislation amending R.S. 12:7-1 pA M. or supplementing
                           Title 13, the environmental protection statutes, may be
                           necessary to grant the authority for boat operation
                           regulations based on environmental considerations.
                           Further legal interpretation is needed.































                                       90








               Objective 2      Minimize the impact of boating on near-shore
                                critical habitats. (see also Action Plan #3.4)


               Action Plan
               #4.2             Improve enforcement of the adopted noise
                                standard for motorized vessels.

               Rationale        Near-shore critical habitats include endangered and
                                threatened species habitats, colonial water bird nesti nj,
                                sites (such as herons, egrets, ibis, terns, and skimmers
                                and migratory waterfowl stopover sites. Many of these
                                species are not tolerant of human contact. Therefore,
                                human disturbances such as excessive noise, can render
                                habitat unsuitable for these important species, further
                                threatening their survival in New Jersey.

                                New noise standards were adopted at N.J.A.C. 7:6-6.3
                                which permit a "standing" test rather than a "pass-by" test to
                                be administered. This will make enforcement of the noise
                                standard easier. Increased awareness by the boating
                                public and stricter enforcement of these regulations will
                                address many of the conflicts between boating and animals
                                in near-shore critical habitats.

               Lead
               Responsibility   1 N.J. Department of Law and Public Safety
                                2@ N.J. State Police, Bureau of Marine Law Enforcement

               Cooperating
               Parties          None

               Resources        Additional personnel may be needed by the Bureau of
                                Marine Law Enforcement.

               Required
               Legislation      None
















                                              91








                  Barnegat Bay User Conflicts


                  Objective 3          Regulate watercraft operation to minimize safety
                                       hazards and nuisance to waterfront residences.


                  Action Plan
                  #4-3                 Prior to operating any vessel on New Jersey
                                       waters, require all persons under 17 years of age
                                       on the date of enactment to attend a boating safety
                                       course sanctioned by the N.J. State Police,
                                       Bureau of Marine Law Enforcement and to carry
                                       certification of such attendance at all times when
                                       operating any watercraft on New Jersey waters.

                  Rationale            The existing certification requirements apply only to
                                       persons under the age of 17. However, many persons
                                       never operate a boat until after they have reached the age
                                       of 17. Therefore, they are never required to take a basic
                                       safety course which explains the "rules of the road" and
                                       good seamanship. This program would require all persons
                                       not 17 on a specific static date to take an approved boat
                                       safety course prior to operating any watercraft in the future.
                                       The result of this requirement would be to slowly but
                                       steadily increase the number of boaters who have had
                                       formal training in the proper operation of boats.

                  Lead
                  Responsibility       N.J. State Legislature
                  Cooperating
                  Parties              1) N.J. State Police, Bureau of Marine Law Enforcement or
                                              Division of Motor Vehicles to establish certification
                                              procedure
                                       2@  U.S . Coast Guard Auxiliary
                                       3 U.S. Power Squadron

                  Resources            Funds needed to expand the existing certification program
                                       could be raised through a nominal fee for certification.

                  Required
                  Legislation          Implementation of this program would require an
                                       amendment to R.S. 12:7-61.













                                                         92










                  Action Plan
                  #4.4                 Apply the April 15, 1991 power vessel regulations
                                       amendments to personal watercraft (let-skis) as
                                       well as other motor boats. These amendments
                                       require power vessels to reduce their speed to
                                       minimum headway when operating within 200 feet
                                       of any marina, pier, dock, or wharf and when
                                       passing work barges, or navigating through bridge
                                       spans and confined waterways less than 200 feet
                                       wide. This will require either a broader
                                       Interpretation of the April 15, 1991 amendments or
                                       the promulgation of similar, new, regulations at
                                       N.J.A.C. 7:6-9.3.

                  Rationale            The numbers of motorized watercraft operating on Barnegat
                                       B@y are creating nearly continuous traffic in small channels
                                       adjacent to residential areas during peak use hours. This
                                       continual traffic can not only be injurious to docked vessels
                                       and protected shorelines if "no wake" zones are ignored,
                                       but also can be intrusive on the homeowners if muffling
                                       devices have been altered or are not maintained. The
                                       existing navigation regulations address these issues
                                       (N.J.A.C. 7:6-1.1 pd =.). Amendments to those regulations
                                       at N.J.A.C. 7:6-1.31 became effective April 15,1991,
                                       requiring power vessels to slow to minimum headway when
                                       passing within 200 feet of *a developed waterfront.
                                       However, these regulations are not applied to personal
                                       watercraft by the Bureau of Marine Law Enforcement.
                                       Personal watercraft are the targets of many complaints from
                                       waterfront residents. By applying the same "no wake" or
                                       minimum headway regulations to these craft as are
                                       currently being applied to other power vessels, a 200 foot
                                       buffer will be maintained between these craft and occupied
                                       waterfronts. This should alleviate many of the conflicts
                                       between personal watercraft use and waterfront residents.

                  Lead
                  Responsibility       N.J. State Police, Bureau of Marine Law Enforcement, and
                                       the Boat Regulation Commission for the interpretation,
                                       promulgation and enforcement of amendments to the
                                       navigation regulations.

                  Cooperating
                  Parties              None

                  Resources            Can be accomplished with existing resources.

                  Required
                  Legislation          None






                                                        93








                  Objective 4          Minimize the potential for conflicts between
                                       watercraft and between watercraft and other Bay
                                       users.



                  Action Plan
                  #4.5A                Identify specific areas of Barnegat Bay with
                                       existing traffic congestion and issue an advisory to
                                       check speed and use caution in those areas.
                                       Include this Information in a brochure such as the
                                       one called for in Action Plan #7.11.

                  Action Plan
                  #4.5B                Identify existing special use areas (e.g,. areas
                                       with concentrations of sailboats, jet skis, water
                                       skiers, etc.) and encourage those uses in
                                       appropriate areas. Issue an advisory to other
                                       vessels to use caution when crossing those areas.
                                       Include this information in the brochure developed
                                       pursuant to Action Plan #7.11.
                  Rationale            To date, a dramatic increase in reported boating accidents
                                       has not been experienced. However, accident data may
                                       not be indicative of the number of boaters experiencing
                                       degraded recreational quality in their use of Barnegat Bay,
                                       or those who feel navigation on the Bay is hazardous,
                                       particularly during peak use days such as holidays and
                                       weekends.

                                       Regulation of boat use is the most direct and effective
                                       means of reducing conflicts between users of Barnegat Bay.
                                       It is also the most distasteful to the boaters themselves.
                                       Regulations are necessary to address documented hazards
                                       to navigation. The reported accidents and the observations
                                       of the Marine Police have not demonstrated a pattern which
                                       wou *Id indicate documented problems in specific areas,
                                       therefore new regulation is not recommended at this time.
                                       Rather, the plan recommends that advisories -be used in
                                       specific areas of the Bay where there is a higher potential
                                       for accidents,.such as areas where vessel traffic is
                                       concentrated or special uses are occurring. If the
                                       advisories are not successful in preventing accidents they
                                       could be easily adopted as regulations.

                  Lead
                  Responsibility       N.J. Department of Environmental Protection and Energy
                                       (DEPE), Office of Regulatory Policy







                                                        94









            Cooperating
            Parties        1) N.J. Boat Regulation Commission and N.J. State Police,
                                Bureau of Marine Law Enforcement during brochure
                                development
                           2) DEPE, Office of Communication and Public Education for
                                brochure design
                           3) Division of Motor Vehicles for brochLre distribution

            Resources      Funding is needed to publish a public information brochure.
                           Funding should come from the N.J. Department of Law and
                           Public Safety, but may possibly be available from the DEPE
                           or the N.J. Sea Grant Program.

            Required
            Legislation    None




































                                       95









              Action Plan
              #4.6             Encourage special events, such as boating
                               regattas, t'o locate courses outside of navigation
                               channels, but without damaging submerged
                               aquatic vegetation.
              Rationale        The goal of this action plan is to keep channels open for
                               watercraft that are destination oriented or require deeper
                               drafts. This is done by encouraging uses that follow
                               circuitous patterns or which must cross back and forth to
                               locate in areas suitable for those uses and which do not
                               interfere with navigation channels.

              Lead
              Responsibility   N.J. State Police, Bureau of Marine Law Enforcement
              Cooperating
              Parties          N.J. Boat Regulation Commission

              Resources        This can be accomplished with existing resources.

              Required
              Legislation      None, this can be accomplished under the boating
                               regulations at N.J.A.C. 7:6-1.30 to require a review similar
                               to that required for non-tidal waters at N.J.A.C. 7:6-4.6. This
                               statute requires every incorporated yacht club or racing
                               association to secure a permit from the N.J. Department of
                               Law and Public Safety prior to holding a race.
























                                             96










               Action Plan
               #4.7             Encourage all watercraft to observe a minimum 50
                                foot buffer from any bathing beach marked by
                                buoys or signs.

               Rationale        Present regulations governing the operation of personal
                                watercraft prohibit their operation above idle speed within
                                50 feet of a buoyed bathing area. No. such restriction
                                applies to other power vessels. While the Department of
                                Environmental Protection and Energy has no
                                documentation that indicates a problem exists between
                                power boats and bathing areas, the broad application of the
                                50 foot buffer to all power vessels appears to be a prudent
                                requirement to protect public safety.

               Lead
               Responsibility   N.J. Boat Regulation Commission to amend the boating
                                regulations at N.J.A.C. 7:6-1.31.

               Cooperating
               Parties          N.J. State Police, Bureau of Marine Law Enforcement

               Required
               Legislation      None

               Resources        This, can be accomplished with existing resources.


























                                              97








                  Objective 5          Improve boaters' adherence to existing Boat
                                       Operation Regulations (N.J.A.C. 7:6-1.1 palm.).


                  Action Plan
                  #4.8                 Increase the presence of N.J. Marine Law
                                       Enforcement Officers on Barnegat Bay during the
                                       peak boating season (May 1 - October 1).

                  Rationale            The existing boat regulations (N.J.A.C. 7:6-1.1 gi
                                       address many of the conflicts which can be anticipated to
                                       occur in the Barnegat Bay. These regulations address
                                       issues such as water skiing, personal watercraft operation,
                                       muffling devices and noise control, transferring a race
                                       course, anchoring in and near channels, speed and wake
                                       responsibility, and general rules of the water.
                                       In spite of these regulations the Bureau of Marine Law
                                       Enforcement received 52 accident reports in the study area
                                       during 1990, resulting in 19 injuries and no fatalities.
                                       Unfortunately, during the 1991 boating season three
                                       persons were Willed in a boat collision near the Mantoloking
                                       Bridge. While 52 accidents on the Bay does not appear
                                       extreme, considering the number of vessels using the Bay,
                                       these numbers do not represent other conflicts such as near
                                       collisiong'or nUisances. Also, as the popularity of boating
                                       increases, the number of incidents is also likely to increase.
                                       Therefore, the existence of these user conflicts in the
                                       presence of seemingly adequate regulations indicates the
                                       need for increased marine police coverage and, hence,
                                       increased enforcement of the regulations, during the peak
                                       season.


                  Lead
                  Responsibility       N.J. State Police must allocate additional personnel to the
                                       Bureau of Marine Law Enforcement.

                  Cooperating
                  Parties              None

                  Resources            Funding is ne  eded to pay for additional marine law
                                       enforcement personnel. This funding could be provided by
                                       increasing boat re stration fees (requires an amendment to
                                       R.S. 12:7-34.47). Vs money is already dedicated to
                                       marine law enforcement efforts pursuant to R.S. 12:7-
                                       34.48a.

                  Required
                  Legislation          None






                                                         98










                  Action Plan
                  #4.9A               Ensure that penalties for violations of the Boat
                                      Operation Regulations are sufficient to compel
                                      compliance.

                  Action   Plan
                  #4.90               Require persons cited for repeated boat operation
                                      violations to complete an approved boating safety
                                      course and present proof of completion to the
                                      Division of Motor Vehicles, Bureau of Marine Law
                                      Enforcement or municipal court as appropriate.
                  Rationale           The maximum penalty for a violation of the boat operation
                                      regulations is currently $95. Members of the Citizens
                                      Advisory Committee suggest that this penalty is not
                                      sufficient to compel compliance with the regulations given
                                      that the cost of boat operation is so high anyway. Further,
                                      since no license is required to operate a boat, there is no
                                      secondary penalty such as the possible loss of license, as
                                      there is for automobile operation. Also, there is no way of
                                      ensuring that the violators are aware of boating regulations,
                                      rules of the road and good seamanship. A system of
                                      increased fines and mandatory education for repeat
                                      violators would deter future violations.

                  Lead
                  Responsibility      N.J. State Legislature

                  Cooperating
                  Parties             1@ N.J. State Police, Bureau of Marine Law Enforcement
                                      2 N.J. Boat Regulation Commission.
                                      3 U.S. Coast Guard and Power Squadron to administer
                                             safety classes

                  Resources           Funds necessary for this program could be raised through a
                                      fee for attendance in the boat safety course.

                  Required
                  Legislation         Amendments to N.J.S.A. 12:7-51 (the New Jersey Boat Act
                                      of 1962) are needed to establish a high maximum penalty
                                      for violations of the navigation regulations if necessary to
                                      compel compliance. An amendment to R.S. 12:7 is
                                      required to impose this requirement on violators.











                                                       99









                Action Plan
                #4.10               Encourage local law enforcement personnel to
                                    assist in the enforcement of navigation regulations
                                    within their respective jurisdiction.
                                    Encouragement could be in the form of a one day
                                    seminar conducted by the N.J. State Police,
                                    Bureau of Marine Law Enforcement to explain the
                                    regulations and enforcement procedures.

                Rationale           A considerable number of waterfront residents have
                                    expressed that they experience a problem with power
                                    vessel operation close to the shore damaging their boats
                                    due to wash and wake. Also, personal watercraft Oet skis)
                                    were repeatedly cited as creating a nuisance due to the
                                    noise they produce. This is evidenced by several shore
                                    communities attempting to ban personal watercraft during
                                    the summer of 1991. The types of vessel operation which
                                    create these problems are not in compliance with existing
                                    navigation regulations, however, there are not enough
                                    marine law enforcement officers to ensure enforcement of
                                    these regulations (see also Action Plan #4.8). Local law
                                    enforcement personnel can assist in the enforcement of the
                                    regulations, although they will probaby require procedural
                                    training by the Bureau of Marine Law Enforcement.

                Lead
                Responsibility      N.J. State Police, Bureau of Marine Law Enforcement

                Cooperating
                Parties             Municipal law enforcement agencies
                Resources           Can be accomplished by existing local law enforcement
                                    officers, and may reduce the need for additional State
                                    marine law enforcement officers.

                Required
                Legislation         None. The authority for local enforcement of the navigation
                                    regulations is already provided at N.J.S.A. 12:7-34.31 as
                                    interpreted by Attorney General F. 0. 1956, No. 10.
                                    Authority also. exists for municipal ordinances that are
                                    consistent with State regulations, see U.S.A. 12:7-34.53.












                                                    100





                                                                            qs





               Action Plan
               #4.11            Return fines collected for violations of the boat
                                operation regulations to the law enforcement
                                agency issuing the citation, for the purpose of
                                funding enforcement of the boat operation
                                regulations.

               Rationale        As was identified in Action Plan #4.8, additional funding is
                                needed to support marine law enforcement. Use of fines
                                collected by the enforcement officers provides a viable
                                source for this funding.

               Lead
               Responsibility   N.J. State Legislature

               Cooperating
               Parties          None

               Resources        This can be accomplished with existing resources.

               Required
               Legislation      An amendment to R.S. 12:7-23.6 is required to return fines
                                to the law enforcement agencies rather than the General
                                Fund of the State Treasury.




























                                             101








              Objective 6      Minimize the conflicts between watercraft and
                               fishing equipment.


              Action Plan
              #4.12            Prohibit the placement of crab pots in specified
                               waters of the Barnegat Bay watershed where there
                               will be less than four feet of water above the pot at
                               mean low water unless they are marked with a
                               float. (see also Action Plans #5.1 through #5.9)

              Rationale        During the development of this plan several members of the
                               N.J. Department of Environmental Protection and Energy
                               (DEPE) and Citizens Advisory Committee expressed
                               concern about hitting crab pots in shallow water with their
                               boats. These conflicts could be avoided by either requiring
                               floats on all crab pots placed in shallow water or by
                               prohibiting the placement of crab pots in shallow water
                               altogether.
              Lead
              Responsibility   DEPE, Division of Fish Game and Wildlife, to identify
                               restricted areas and modify existing regulations at N.J.A.C.
                               7:25-14, which address crab pots

              Cooperating
              Parties          The fishing industry
              Resources        This can be accomplished with existing resources.

              Required
              Legislation      None





















                                            102








                  Water Use Facility Development/Imi2acts

                  Objective 7         Permit new or expanded facilities only In
                                      environmentally appropriate areas.


                  Action Plan
                  #4.13A              Maintain existing navigation channels and
                                      channel markings to ensure safe boating.
                                      However, seasonal restrictions shall be observed
                                      to avoid unnecessary damage to shellfish, blue
                                      crab, sturgeon, anadromous species, etc. as
                                      determined on a project-specific basis in
                                      consultation with the N.J. Department of
                                      Environmental Protection and Energy (DEPE).
                                      Shellfish recovery programs shall be utilized
                                      whenever feasible. At all times, further
                                      disturbance to submerged aquatic vegetation beds
                                      shall be minimized. (see also Action Plans #3.7
                                      and #5.4)

                  #4.13B              Prohibit new navigation channels In sensitive
                                      areas, such as submerged aquatic vegetation
                                      habitat and shellfish beds, except where
                                      necessary to meet an existing use that is currently
                                      adversely impacting the sensitive resource and for
                                      which there are no alternative locations. (see also
                                      Action Plans #3.7 and #5.4)

                  #4.13C              Provide a stable source of funding for the
                                      maintenance of navigation channels. A possible
                                      source of stable funding is to dedicate that portion
                                      of the motor fuel tax receipts attributable to
                                      recreational boating to channel maintenance and
                                      other boating improvement activities such as boat
                                      ramp construction and pumpout facility
                                      installation.

                  Rationale           Maintenance and new dredging is necessary to provide
                                      access to marinas, docks, ports, and other appropriate
                                      water dependent development, but it must be carried out in
                                      such a way that environmentally sensitive areas are not
                                      unnecessarily disturbed.
                                      The information available on aquatic species responses
                                      and/or mortality due to dredge-induced water quality
                                      changes is incomplete. It is known however that egg and
                                      larval forms of aquatic biota are more sensitive than adult
                                      stages. American oyster eggs and larvae are known to be
                                      sensitive to turbidity levels and durations that typically occur
                                      at mechanical dredging sites. Turbidity is known to block
                                      upstream migration of striped bass. Turbidity may,
                                      therefore, block other anadromous species during spring
                                      upstream migration. Turbidity also blocks out light which is

                                                      103








                           necessary for the growth of vegetation and the potential
                           exists that the dredging turbidity plume could carry fecal
                           bacteria into harvestable shellfish beds.

                           Aquatic fin fish and blue crab which winter in the estuarine
                           waters are lethargic at cold water temperatures. Large
                           scale mechanical or hydraulic dredging could entrain and
                           kill significant numbers, since they would not be able to
                           evacuate a dredging area. This dredging would also
                           destroy stabile submerged aquatic vegetation.

                           The additional impacts associated with new dredging are
                           permanent physical changes in water depth, circulation,
                           and sediment types. Dredged areas which are deeper than
                           surrounding waters or deeper than connecting channels
                           are known to seasonally have bottom waters which are
                           devoid of oxygen. Benthic organisms and finfish can not
                           survive with this lack of oxygen.

            Lead
            Responsibility 1)DEPE should revise the shellfish policies in the Rules on
                                Coastal Zone Management to be consistent with
                                these action plans.
                           2) DEPE, Engineering and Construction Element should
                                maintain navigation channels
                           3) Municipalities should adopt ordinances which are
                                consistent with these action plans.
            Cooperating
            Parties        DEPE, Land Use Regulation Element to enforce current
                           new regulations through the permit review process in
                           consultation with the DEPE, Division of Fish, Game and
                           Wildlife, Bureau of Shellfish and the DEPE, Science and
                           Technical Programs, Bureau of Marine Water Classification.
            Resources      $1,000,000 to $2,000,000 will be required annually (1991
                           dollars). Stable sources of funding may include dedicating
                           that portion of the motor fuel tax receipts attributable to
                           motor boating to a boating improvement fund which could
                           be used to improve boating access, maintain channels and
                           provide other needed facilities such as pumpouts.
            Required
            Legislation    Adequate funds must be appropriated to maintain existing
                           navigation channels or a stable source of funding must be
                           approved.

                           Municipalities should adopt ordinances which are
                           consistent with these action plans.






                                      104





                                                                                          FIGURE 4

                                                                                                                Monmouth Countv
              L
                    el

                                                                                                                                                                  pill
              Beds


                                                                                                                                  .1                       lit edeco*w River











                                                                                                                                               5"'r























                                  Eel Gross





              Source:                 NJDEPE, Nocote Creek
                                     Shellfish Office





                                                                                                                                  bc@
                                          NIDEFE





                                           1             4      1
                                                         mam@
                                            WILES









                 Action Plan
                 #4.14                Prohibit new facilities, including private boat slips,
                                      In areas where new crossings of submerged
                                      aquatic vegetation (SAV) habitat would be
                                      required, unless water depth at the facility and
                                      access from the facility to the open Bay Is at least
                                      three feet at mean low water. Public facilities may
                                      be permitted in these areas only If there is a
                                      demonstrated need, there are no alternative sites
                                      which meet the above criteria and impacts are
                                      fully mitigated. (see also Action Plan #3.7)

                 Rationale            Several factors influence the distribution and density of
                                      submerged aquatic vegetation including depth, wave
                                      action, substrate and light penetration. Submerged aquatic
                                      vegetation provides several benefits to the estuary's
                                      ecosystem including forage for waterfowl and fish, nursery
                                      areas for crabs and scallops, trapping of suspended
                                      sediments and significant contributions to the detrital food
                                      web. Activities which disturb bottom sediments or reduce
                                      light penetration have a propensity to destroy submerged
                                      aquatic vegetation beds.
                                      The operation of power vessels across shallow beds can
                                      physically damage submerged vegetation and result in
                                      chronic minor disturbances such as prop scars. While
                                      singular scars from crossings are probably quickly repaired
                                      by rhizomes and new shoots, the cumulative effect of many
                                      crossings could be destructive to the bed. From aerial
                                      observations of prop scar in SAV beds the N.J. Department
                                      of Environmental Protection and Energy (DEPE) has reason
                                      to suspect that motorboating is having an adverse impact
                                      on SAV. New docks and other facilities in areas where
                                      submerged vegetation crossings would be required that
                                      cannot be accommodated by existing channels are
                                      prohibited unless sufficient draft is available over the beds.
                                      These facilities, if permitted, would add pressure for new
                                      channels, resulting in destruction of submerged vegetation
                                      habitat. Providing adequate opportunities for public access
                                      to coastal waters is an important component of this plan.
                                      Therefore, public facilities which provide needed access for
                                      the general public and which have no prudent or feasible
                                      alternative site will be considered on a case-by-case basis.
                                      Any new public facility resulting in damage to SAV habitat
                                      must mitigate that damage.

                 Lead
                 Responsibility       1) DEPE should revise the submerged vegetation and
                                             docks and piers policies in the Rules on Coastal
                                             Zone Manaaement to be consistent with this action
                                             plan.
                                      2) Municipalities should adopt ordinances which are
                                             consistent with this action plan.


                                                      106









            Cooperating
            Parties        DEPE, Land Use Regulation Program for policy
                           implementation

            Resources      This can be accomplished with existing resources.

            Required
            Legislation    Municipalities should adopt ordinances which are
                           consistent with this action plan.








































                                      107









             Action Plan
             #4.15A           Encourage new or expanded marinas and
                              launching sites in areas which require minimal
                              dredging and have direct access to navigable
                              waters of sufficient depth to accommodate
                              recreational vessels. Discourage new facilities in
                              areas where subtidal and intertidal shallows
                              require extensive dredging.

             Action Plan
             #4.15B           Encourage new or expanded marinas on filled
                              water's edge sites or other water's edge sites
                              where wetlands disturbance will be minimal.
                              Discourage new or expanded marinas in areas
                              where extensive wetlands disturbance would be
                              required.

             Action Plan
             #4.1 SC          Preserve existing marinas and boat launches,
                              which are open to the public and are in
                              appropriate locations, through incentive programs,
                              development right acquisition and/or regulation.

             Action Plan
             #4.1513          Encourage expansion of existing marinas and dry
                              stack marina construction in appropriate locations,
                              as opposed to the construction of new wet slip
                              marinas.

             Rationale        Boating is an important recreational and economic resource
                              in New Jersey. However, overuse of the Barnegat Bay and
                              poorly sited facilities can have a significant adverse
                              environmental eff ect on the Bay. For example, marinas
                              sited in close proximity to shellfish beds can result in the
                              closure of those beds for harvest. Similarly, facilities sited
                              in areas where submerged aquatic vegetation must be
                              crossed results in pressure for new navigation channels
                              which destroy the vegetation. For this reason boating
                              facilities need to be managed.

                              Appropriate sites for new boating facilities are in short
                              supply around Barnegat Say. Therefore, the goal of the
                              management strategy should be to preserve the existing
                              boating opportunities in the region, rather than developing
                              new facilities which would compromise environmental
                              resources.

                              Conversions of marinas to residential use not only can
                              result in the loss of slips@ available to the public, but may
                              result in the loss of services essential to the recreational
                              boating industry. These services include: engine repair,
                              travel lifts, winter storage, fueling, bait and tackle, etc.



                                          108








                                        Further, the proximity of these homes to the remaining slips
                                        removes needed buffers for painting and sanding and other
                                        normal marina activities. Therefore, it is essential to protect
                                        both the slips and the upland portions of marinas from use
                                        conversion. This protection may take the form of incentives
                                        (sucl@ as tax relief), purchase (such as development right
                                        acquisition), or land use regulation, which should occur at
                                        both the State and local levels of government and be
                                        accompanied by lower property taxes reflecting those use
                                        restitictions. (For more information, see Competition fo,
                                        New Jersey's Waterfront by the N.J. Department of
                                        Environmental Protection and Energy, Division of Coastal
                                        Resources, October, 1990.)

                  Lead
                  Responsibility        1) N.J. Department of Environmental Protection and Energy
                                              (DEPE) needs to make revisions to the recreational
                                              use policies in the Rules on Coastal Zone
                                              Management to be consistent with these action
                                              plans.
                                        2) Municipalities should adopt ordinances which are
                                              consistent with these action plans.

                  Cooperating
                  Parties               1) DEPE, Land Use Regulation Program for implementation
                                              of rule changes through permit programs
                                        2) Local governments for land use zoning consistent with
                                              State policies encouraging the preservation of
                                              marinas and providing tax incentives as appropriate,
                                              such as using the property's value as a marina for
                                              the calculation of the assessed value
                                        3) DEPE, Green Acres Program for possible acquisition of
                                              marinas threatened by other development

                  Resources             Funding will be needed if marinas are to be protected from
                                        use conversions through development right acquisition.
                                        Such funding would have to be appropriated by the
                                        legislature, or raised through a bond issue. Green Acres
                                        funds could theoretically be used for mar@ina acquisition;
                                        however, the preservation of open space and valuable
                                        natural habitats threatened by development should
                                        continue to receive priority consideration for Green Acres'
                                        limited funds.

                  Required
                  Legislation           A) Municipalities need to adopt ordinances which are
                                        consistent with these action plans.

                                        B) The Legislature should examine and revise the Coastal
                                        Area Facility Review Act (CAFRA) (N.J.S.A. 13:19-1 et seg.)
                                        to lower the 25-unit development threshold for CAFRA
                                        review so that this action plan can be comprehensively
                                        implemented. Legislation is also required to provide


                                                        109








                                    funding for development right acquisition, or to provide
                                    property tax relief without restricting the development
                                    potential of marinas for other uses.

                                    C) Strengthen the county enabling legislation and develop
                                    an interagency agreement in order to effect transference of
                                    the administrative requirements of CAFRA from DEPE to the
                                    Ocean County Planning Board. (see Action Plan #2.2)

                                    Completion of any of the above legislative actions will
                                    provide for more thorough environmental protection while
                                    achieving interagency consistency and providing more
                                    regulatory authority on the local level.




































                                                   110










                  Action Plan
                  #4.16                 Clarify the application of the Antidegradation
                                        Policies in the Surface Water Quality Standards,
                                        N.J.A.C. 7:9-4.5d, as they apply to recreational
                                        boating facilities in Category One Waters.
                                        Evaluate Category One Waters for inclusion as a
                                        Special Area under the Rules on Coastal Zone
                                        Management.
                  Rationale             Category One waters include (among others) shellfish
                                        waters of exceptional resource value and waters that flow
                                        through or border Federal, State, County or municipal parks
                                        and wildlife areas. All of Barnegat Bay has been
                                        designated as a Category One water in the New Jersey
                                        Surface Water Ouality Standards (N.J.A.C. 7:9-4.1 rd M.).
                                        Within all Category One waters the Antidegradation Policies
                                        are applied. These policies are designed to protect the
                                        propagation of fish, shellfish, and other organisms that
                                        make u the aquatic community. T@ese policies are also
                                        intendeg to protect existing and designated uses of those
                                        waters, such as shellfishing and swimming. In particular,
                                        these policies prohibit new uses which would result in
                                        predictable or measurable changes to the existing water
                                        quality.

                                        Marina construction often results in a closure of waters for
                                        shellfishing based on potential fecal coliform contamination
                                        due to the overboard discharge of sewage. A literal
                                        interpretation of the Antidegradation Policies would,
                                        therefore, _preclude any future marina development in
                                        Category one waters and consequently in Barnegat Bay.

                                        This plan recognizes the importance of protecting shellfish
                                        beds from contamination, but must also recognize that
                                        significant areas of Barnegat Bay do not support shellfish.
                                        Recreational boating is also an important use of Bamegat
                                        Bay, therefore opportunities for boating must also be
                                        afforded. We believe that these conflicting uses can coexist
                                        in Barnegat Bay and recommend that the Antidegradation
                                        Policies be interpreted and clarified to allow marinas in
                                        appropriate locations.

                  Lead
                  Responsibility        N.J. Department of Environmental Protection and Energy
                                        (DEPE), Office of Regulatory Policy to clarify application of
                                        the Antidegradation Policies to boating facilities-and for
                                        amendments to N.J.A.C. 7:7E-3 to include Category I waters
                                        as a Special Area in the Rules on Qoastal Zone
                                        Management.









           Cooperating
           Parties        1) DEPE, Office of Regulatory Policy, Standards and
                               Systems Analysis, for Antidegradation Policy
                               interpretation
                          2) DEPE, Land Use Regulation Program for the
                               implementation of rule changes through existing
                               permit programs
                          3) Local governments to amend zoning ordinances to
                               become consistent with State policies

           Resources      This can be accomplished with existing resources.

           Required
           Legislation    None



































                                     112










            Action Plan
            #4.17          Prepare a map indicating where launching ramp
                           and marine construction should be encouraged,
                           and identifying areas that are generally unsuitable
                           for boating facility construction.

            Rationale      The mapping of suitable locations for boating facilities will
                           serve as a guide to potential developers and assist them in
                           making the best use of their time and effort when making
                           development proposals, while also protecting natural
                           resources.

            Lead
            Responsibility N J. Department of Environmental Protection and Energy,
                           O@ice of Regulatory Policy
            Cooperating
            Parties        Ocean County Planning Board

            Resources      This can be accomplished with existing resources.

            Required
            Legislation    None





























                                      113








                  Objective 8          Minimize need for structural shore protection of
                                       natural shorelines.


                  Action Plan
                  #4.18A               Allow new structural shore protection only to
                                       protect water dependent uses. Prohibit new
                                       structural shore protection for any new structures
                                       except where such protection meets Infill criteria
                                       (i.e., connects two existing shore protection
                                       structures not more than 75 feet apart).

                  Action Plan
                  #4.18B               Identify shorelines which are erodinq and require
                                       any new structures to observe a minimum setback
                                       equivalent to the 30 year erosion rate to reduce
                                       the need for future shore protection. (see also
                                       Action Plans #3.5 & #3.6)

                  Action Plan
                  #4.18C               Require non-structural shore protection
                                       alternatives to be exhausted before structural
                                       shore protection is permitted for existing
                                       structures.

                  Action Plan
                  #4.18D               Employ sloped, rather than vertical, shore
                                       protection where practicable and necessary to
                                       protect existing structures. Set shore protection at
                                       the existing shoreline, upland of any wetland
                                       which may exist at the shoreline.

                  Rationale            Natural shorelines provide both aesthetic and
                                       environmental benefits. Structural shore protection
                                       eliminates the transitional zone between the aquatic and
                                       terrestrial ecosystems. This transitional area provides
                                       forage and refuge for many aquatic species and their
                                       juveniles. This area is also a primary contributor to the
                                       estuary's energy and nutrient cycles. In addition, this edge
                                       area filters runoff from the terrestrial landscape, acting as a
                                       sink for excess nutrients and contaminants.

                                       The construction of bulkheads eliminates this valuable
                                       interface between the water and the land. Even when
                                       constructed landward of a vegetational fringe, waves
                                       reflected off of a vertical structure scour the area in front of
                                       the bulkhead, thereby eliminating vegetation. Therefore,
                                       where shore protection is necessary to protect existing
                                       structures, vegetative shoreline stabilization should be
                                       encouraged first, and where infeasible, sloped revetments
                                       should be used rather than vertical structures.





                                                       114










             Lead
             Responsibility Municipalities should adopt ordinances which are
                            consistent with these action plans.

             Cooperating
             Parties        N.J. Department of Environmental Protection and Energy
                            (DEPE) should identify shorelines which are eroding.
             Resources      This can be accomplished with existing resources.

             Required
             Legislation    A) Municipalities need to adopt ordinances which are
                            consistent with these action plans.

                            B) The Legislature should examine and revise the Coastal
                            Area Facility Review Act (CAFRA) (N.J.S.A. 13:19-1 et seg.)
                            to lower the 25-unit development threshold for CAFRA
                            review so that this action plan can be comprehensively
                            implemented. This authority is necessary in order for the
                            State to fully implement the erosion area setbacks required
                            in the Rules on Coastal Zone Management.
                            C) Strengthen the county enabling legislation and develop
                            an interagency agreement in order to effect transference of
                            the administrative requirements of CAFRA from DEPE to the
                            Ocean County Planning Board. (see Action Plan #2.2)

                            Completion of any of the above legislative actions will
                            provide for more thorough environmental protection while
                            achieving interagency consistency and providing more
                            regulatory authority on the local level.





















                                       115










                Action Plan
                #4.11 9            Promote removal or relocation of residential
                                   structures in imminent danger of collapse due to
                                   erosion.

                Rationale          Existing structures which are threatened by erosion are
                                   eligible for relocation assistance through the federal flood
                                   insurance program. Use of this funding provides an
                                   alternative to armoring shorelines.

                Lead
                Responsibility     N.J. Department of Environmental Protection and Energy to
                                   identify erosion hazard areas and revise applicable policies
                                   to support relocation and adoption of setbacks (see Action
                                   Plan #4.18)

                Cooperating
                Parties            Federal Emergency Management Agency to provide
                                   financial assistance

                Resources          The Upton-Jones funding available under the National
                                   Flood Insurance Program provides monies for the removal
                                   or relocation of structures threatened with immediate
                                   collapse due to erosion.

                Required
                Legislation        None


























                                                  116








               Objective 9      Maintain navigation channels to facilitate
                                recreational boating and minimize environmental
                                disturbance.


               Action Plan
               #4.20            Prohibit prop-wash dredging in Barnegat Bay.

               Rationale        Prop-wash dredging, which does not remove accumulated
                                sediments from an area but disperses it into the water
                                column, is not an acceptable practice under any
                                circumstances. This practice may accelerate the silting of
                                adjacent areas, resuspend contaminated sediments, add to
                                the turbidity of the Bay, bury immobile benthic oi@ganisms
                                such as clams, and suffocate other aquatic species.

               Lead
               Responsibility   1) N.J. epartment of Environmental Protection and Energy
                                        EPE), should revise the dredging policies in the
                                        ILML- r%n Coastal Zone Management (N.J.A.C. 7:7E
                                      1.1 et seg.) to be consistent with this action plan.
                                2) Municipalities should adopt ordinances which are
                                      consistent with this action plan.
               Cooperating
               Parties          DEPE, Land Use Regulation Program

               Resources        This can be accomplished with existing resources.

               Required
               Legislation      Municipalities need to adopt ordinances which are
                                consistent with this action plan.





















                                             117









                Action Plan
                #4.21 A            Preserve adequate dredged material disposal
                                   sites through acquisition for use in perpetuity.

                Action Plan
                #4.21 B            Reuse material in dredge spoil disposal sites for
                                   beach fills, construction fill or daily landfill cover,
                                   as may be appropriate, to renew the capacity of
                                   those sites.

                Rationale          Maintenance dredging of the existing navigation channels
                                   in Barnegat Bay is necessary to facilitate the movement of
                                   vessels in and through the Bay. Therefore, dredged spoil
                                   disposal sites need to be preserved and their capacity
                                   periodically renewed. Dredge spoils are a renewable
                                   resource that should be marketed as a construction or
                                   beach fill material.

                Lead
                Responsibility     N.J. Department of Environmental Protection and Energy,
                                   Construction and Engineering Element

                Cooperating
                Parties            Tidelands Resource Council to sell material at reasonable
                                   cost.

                Resources          Funding is needed to acquire privately owned dredged
                                   material disposal sites.

                Required
                Legislation        None





















                                                  118









                 Action Plan
                 #4.22               Encourage the use of former dredge material
                                     disposal sites for future disposal use provided
                                     that:

                                     a) The site has existing dikes in sound condition
                                            or is suitable for the construction of
                                            structurally sound dikes

                                     b) There are no anticipated adverse effects to
                                            threatened or endangered species
                                     c) There are no colonial nesting birds present on-
                                            site which would be adversely effected

                                     d) The former spoil has not subsided to a tidally
                                            Influenced elevation and does not support
                                            Spartina B=

                                     e) No coastal wetiand would be adversely effected

                                     f) No  mature wetland habitats would be adversely
                                            affected.

                 Rationale           The use of dredge spoil disposal sites is important to the
                                     maintenance of navigation channels and should be
                                                      c
                                     available for dredged material disposal. This availability
                                     should not be limited due to freshwater wetlands created
                                     within the diked spoil containment area.

                 Lead
                 Responsibility      1) N.J. Department of Environmental Protection and Energy
                                            (DEPE), should revise the dredge disposal policy in
                                            the Rulea on Coastal Zone Management to be
                                            consistent with this action plan.
                                     2) Municipalities should adopt ordinances which are
                                            consistent with this action plan.
                 Cooperating
                 Parties             1) DEPE, Land Use Regulation Program for implementation
                                            of rule amendments
                                     2) DEPE, Engineering and Construction Element and U.S.
                                            Army Corps of Engineers to comply with rule
                                            amendments when disposing of dredged material
                 Resources           This can be accomplished with existing resources.

                 Required
                 Legislation         Municipalities should adopt ordinances which are
                                     consistent with this action plan.






                                                    119








                 Objective 10         Manage existing and proposed boating facilities to
                                      reduce boating impacts on the water quality of
                                      Barnegat Bay.


                 Action Plan
                 #4.23A               Require all marinas to     provide portable toilet
                                      emptying facilities.

                 Action   Plan
                 #4.23B               Require all marinas and launching sites to provide
                                      adequate shoreside restroorn facilities.

                 Action   Plan
                 #4.23C               Require all boating facilities to provide and
                                      maintain solid waste receptacles or source
                                      separation of solid waste.

                 Action Plan
                 #4.23D               Require all marinas of 25 or more slips to provide
                                      pumpout facilities for Type III marine sanitation
                                      devices (no discharge systems), unless It is
                                      demonstrated that no slip can accommodate a
                                      vessel greater than 20 feet in length or that an
                                      adequate number of pumpout facilities exist within
                                      .5 miles of the marina.

                 Rationale            The intentional overboard discharge of solid waste and
                                      sewage from recreational boats is a problem on Barnegat
                                      Bay. For instance, Type III marine sanitation devices, or
                                      holding tanks, are designed to be no discharge systems.,
                                      These holding tanks require periodic pumping to empty the
                                      tank. The general lack of pumpout facilities has resulted in
                                      many of these tanks being retrofitted with a through-hull "y"
                                      valve, which allows the discharge of untreated sewage into
                                      the.water. This discharge has an adverse impact on both
                                      the natural resources and the users of Bamegat Bay. This
                                      @
                                       Ian recommends increasing the opportunities for proper
                                       isposal of these and other wastes and increased
                                      enforcement to compel compliance with existing
                                      regulations. Areas where large numbers of boats are
                                      congregated at a days end destination such as marinas and
                                      boat launching sites are appropriate places for providing
                                      those opportunities. In many cases these same businesses
                                      are dependent upon a clean Barnegat Bay to attract
                                      customers; therefore, they have a vested interest in
                                      protecting the Bay.

                 Lead
                 Responsibility       N.J. Department of Environmental Protection and Energy
                                      (DEPE), Office of Regulatory Policy to revise the Rules on
                                      Coastal Zone Management to reflect the above action plan



                                                      120









             Cooperating
             Parties       1) DEPE, Land Use Regulation Program for implementation
                                of rule amendments
                           2) Utilities authorities to accept pumpout hookups to
                                sanitary systems without an undue increase in sewer
                                rates

             Resources     No public monies needed

             Required
             Legislation   None






































                                      121









                   Action Plan
                   #4.24                Require any marina which is documented to be
                                        causing water quality degradation due to
                                        overboard discharge of sewage and which
                                                                       -aboard vessels to submit
                                        provides dockage to live
                                        an enforcement plan to the N.J. Department of
                                        Environmental Protection and Energy (DEPE) to
                                        eliminate illegal discharges. This may include the
                                        required use of dye tablets or expulsion of
                                        offending parties. If the problem persists, the
                                        DEPE may require the marina to install a slipside
                                        pumpout connection to each slip where live-
                                        aboards are allowed or discontinue live-aboard
                                        use of vessels docked at that marina. Live-aboard
                                        vessels shall be prohibited at any slip that Is not
                                        directly connected to the sewage pumpout system,
                                        with the exception of transient vessels. Transient
                                        vessels shall not be docked at the marina in
                                        excess of two consecutive days, unless seeking
                                        refuge from inclement weather. Live-aboard
                                        vessels shall be defined as any vessel occupied
                                        overnight.

                   Rationale            The discharge of sewage from several vessels in a
                                        concentrated area, such as a marina, results in fecal
                                        coliform contamination of the water in the vicinity of those
                                        vessels due to insufficient dilution. This contamination
                                        makes water unsanitary for swimming and also results in
                                        the closure of shellfish beds. The goal of this action plan is
                                        to make the marina owner a partner in the effort to eliminate
                                        illegal sewage discharges from vessels. The marina owner,
                                        under this strategy, would have a vested interest in the
                                        protection of water quality in and around the marina basin
                                        when faced with the possibility of having to install a slipside
                                        pumpout system which can cost in excess of $10,000.

                   Lead
                   Responsibility       DEPE, Science and Technical Programs, Bureau of
                                        Monitoring Management should sample water quality in the
                                        vicinity of marinas suspected of causing water quality
                                        degradation due to overboard discharge of sewage. This is
                                        necessary to document a water quality problem which
                                        would necessitate implementing this action plan.
                   Cooperating
                   Parties              Once water sampling has documented overboard
                                        discharges, DEPE, Enforcement should issue an order to
                                        eliminate all live-aboard use at the marina or provide slip-
                                        side pumpout access to each live-aboard slip at the marina.
                   Resources            This can be accomplished with existing resources.




                                                         122









                 Required
                 Legislation        None required, this action can be accomplished under the
                                    authority granted to the DEPE by P.L. 1988, c. 117.













































                                                  123









               Action Plan
               #4.25            Provide funding for pumpout facility placement at
                                private marinas. (See Report to the State
                                Legislature required by P.L.1988 c.117: The
                                Availability of and Dgmand for Sanitary Sewage
                                Handling Facilities on New Jersey's Coaatp_l
                                Waters and Addendum prepared by the N.J.
                                Department of Environmental Protection and
                                Energy (DEPE) for additional information.) If this
                                funding becomes available, Action Plan #4.24D
                                may become unnecessary.

               Rationale        Funding for pumpout facilities would enable the State to
                                ensure public availability, and a reasonable fee for use.
                                This mechanism would also allow the State to control the
                                locations of facilities such that unnecessary facilities are not
                                required.

               Lead
               Responsibility   1) N.J. State Legislature should appropriate funding for this
                                      effort or approve a funding mechanism such as that
                                      proposed by Action Plan #4.13C. This would
                                      recapture that portion of the motor fuel tax
                                      attributable to recreational boating for use to support
                                      the maintenance of navigation channels and the
                                      installation of pumpout facilities. Revenue generated
                                      by @oating would then be used to support safer and
                                      environmentally sound boating.
                                2) DEPE, Office of Regulatory Policy should administer
                                      allocation once funds become available

               Cooperbting
               Parties          None

               Resources        A funding source will be required to implement this action
                                plan.

               Required
               Legislation      The N.J. Legislature must appropriate funds for this purpose
                                or approve a funding mechanism.














                                             124










                   Action Plan
                   04.26                Provide public pumpout facilities at the abutments
                                        of the Mantoloking Bridge and other appropriate
                                        bridges when they are replaced.

                   Rationale            The Mantoloking Bridge is a concentration point for much of
                                        the vessel traffic in northern Barnegat Bay. Many vessels
                                        from the Metedeconk River area and vessels exiting or
                                        entering the Point Pleasant Canal pass beneath this
                                        structure. The placement of pumpout facilities at this
                                        location would be convenient for many vessels operating in
                                        Barnegat Bay. If and when the bridge is replaced, the
                                        existing bridge abutments would provide a logical site for
                                        the placement of pumpout facilities due to the presence of
                                        ready access to both sewers and deep water. The cost of
                                        providing pumpout facilities would be nominal when
                                        compared to the cost of a new bridge. Other bridges along
                                        tributaries to the Barnegat Bay may provide similar, cost
                                        effective, opportunities for pumpout placement.

                   Lead
                   Responsibility       N.J. Department of Environmental Protection and Energy
                                        (DEPE), Office of Regulatory Policj to research funding
                                        sources and negotiate with N.J. Department of
                                        Transpqrtatio.n (DOT)
                   Cooperating
                   Parties.             None

                   Resources            Purchase and installation of two pumpout facilities at the
                                        Mantoloking Bridge would cost under $20,000 (1991
                                        dollars). Possible sources of funds are Wallop-Breaux
                                        funds from the DEPE Division of Fish, Game and Wildlife,
                                        federal grant money from either the U.S. Environmental
                                        Protection Agency, or the National Oceanic and
                                        Atmospheric Administration, or largesse from the DOT

                   Required
                   Legislation          None













                                                        125









                   Action Plan
                   #4.27                Apply to the U.S. Environmental Protection Agency
                                        for a Bay-wide "no discharge" designation.

                   Rationale            The Barnegat Bay is the largest back bay in New Jersey,
                                        but it is relatively poorly flushed. Therefore, pollutants
                                        released into the Bay take longer to dilute to harmless
                                        levels. The Barnegat Bay also provides both shellfishing
                                        and primary contact recreation opportunities. To reduce the
                                        potential for illness from fecal borne diseases, the Bay
                                        should be designated as a "no discharge area".

                   Lead
                   Responsibility       N.J. Governors Office for formal application
                   Cooperating
                   Parties              N.J. Department of Environmental Protection and Energy,
                                        Office of Regulatory Policy to draft the application

                   Resources            Can be accomplished with existing resources

                   Required
                   Legislation          None. Authority is provided under Section 312 of the
                                        Federal Water Pollution Control Act (Clean Water Act).



























                                                         126










               Action Plan
               #4.28             Provide increased enforcement of regulations
                                 related to litter and overboard discharge of
                                 sewage. Expand citizens reporting program
                                 initiated for MARPOL Annex V enforcement to
                                 include sewage discharges.
               Rationale         MARPOL Annex V, an international treaty for reduction of
                                 marine pollution, bans plastic disposal at sea and regulates
                                 the disposal of other types of garbage. Currently, citizen
                                 reporting programs coordinated by the New Jersey Sea
                                 Grant Marine Advisory Service/New Jersey Sea Grant
                                 Project focus on debris other than sewage. Expansion of
                                 this program would more comprehensively address marine
                                 pollution and would complement the activities of the Marine
                                 Police.

               Lead
               Responsibility    1) N.J. Legislature
                                 2@ N.J. State Police, Bureau of Marine Law Enforcement
                                 3 N.J. Sea Grant Marine Advisory Service/N.J. Sea Grant
                                      Program
               Cooperating
               Parties           1 @ Local law enforcement officials
                                 2 N.J. Department of Environmental Protection and Energy
                                      enforcement personnel
                                 3@ U.S. Coast Guard
                                 4 Citizens

               Resources         Additional enforcement personnel are needed to improve
                                 the effectiveness of these laws. (see Action Plan #4.8)
               Required
               Legislation       Authority for litter control and overboard discharge
                                 enforcement is provided by the Litter Law, (N.J.S.A. 13:1 E-
                                 99.3) and the Fish and Wildlife Statutes (N.J.S.A. 23:5-28).
                                 Enforcement actions based on citizen reporting will require
                                 new legislation.















                                              127









               Action Plan
               #4.29            Provide for a marina inspection program
                                administered by the Ocean County Health
                                Department to ensure that provisions related to
                                pumpout facilities, portable toilet dumping
                                stations, shoreside restroom facilities and fuel
                                spill contingency plans are met and to provide for
                                periodic inspection of the required facilities.
               Rationale        Several marinas have been required to install pumpout
                                facilities and shoreside restroom facilities through N.J.
                                Department of Environmental Protection and Energy's
                                (DEPE) coastal permitting program. However, enforcement
                                of these requirements has been lax due to insufficient
                                personnel. A regular inspection program is needed to
                                insure that the facilities are installed, are operational and
                                are available to the boating public.

               Lead
               Responsibility   The N. J. Legislature to establish a marina inspection
                                program
               Cooperating
               Parties          1@ DEPE for program development
                                2 Ocean County Health Department for program
                                      implementation
               Resources        Ocean County Health Department will probably need
                                funding to perform this function. Nominal inspection fee
                                could offset costs incurred.

              -Required
               Legislation      Legislation would be required to establish this inspection
                                program.























                                             128










                   Action Plan
                   #4.30A                Develop a model fuel spill contingency plan for
                                         marinas which provide fueling facilities. (see
                                         September 3, 1990 New Jersey Register)

                   Action    Plan
                   #4.30B                Petition the National Fire Protection Association to
                                         amend the Fire Protection Standard for marinas
                                         and boatyards to allow back-pressure shutoff
                                         nozzles on vessel fueling stations and to remove
                                         any device which would allow the nozzle to pump
                                         fuel while unattended.

                   Action Plan
                   #4.30C                Recommend that all new vessels be equipped with
                                         a device that would prevent fuel escape through
                                         the filling vent into the water. Encourage the use
                                         of whistles on fill tubes to alert the gasoline
                                         attendant that the tank Is nearing capacity.

                   Rationale             The potential for a fuel spill exists with nearly every power
                                         vessel. However, the potential is greatest at dockside
                                         fueling stations. Such a spill may result from overfilling
                                         onboard tanks, or from pipeline and tank leaks. These
                                         facilities should have an approved contingency plan such
                                         that in the event of a spill, personnel will be able to quickly
                                         and safely confine the spill, thereby reducing its
                                         environmental impact. Such a plan needs to be well
                                         thought out in terms of the volatility of most motor fuels.
                                         These fuels may vaporize quickly, making containment
                                         booms unnecessary. In fact, booming these highly
                                         flammable fuels may increase the risk of fire or explosionat
                                         the marina. Guidance from the U.S. Coast Guard and N.J.
                                         Department of Environmental Protection and Energy
                                         (DEPE),-Emergency Response is needed to develop a
                                         sound model spill contingency plan for marinas.
                                         Currently the National Fire Protection Association (NFPA)
                                         does not allow the use of back-pressure shutoff nozzles at
                                         marina fueling facilities. These nozzles are employed at
                                         nearly all automotive fueling stations to reduce the
                                         incidence and volume of accidental spills due to overfilling.
                                         Self service stations in Pennsylvania are required to
                                         remove devices that allow the nozzle to remain engaged
                                         while unattended. Applying this requirement in New Jersey
                                         marinas would eliminate the apparent concern-of the NFPA
                                         that fuel pumping will go unattended. The employment of
                                         these nozzles could also effectively reduce accidental spills
                                         from overfilling.

                                         Technology is currently available to eliminate the escape of
                                         fuels through vent tubes into the water during vessel
                                         fueling. This technology should be incorporated into all
                                         new vessels. Similarly, whistles are available which alerl

                                                          129









                               the gasoline attendant thai the tank is full, thereby reducing
                               the likelihood of spills due to overfilling. The use of these
                               whistles should be encouraged on all vessels with a fixed
                               fueltank.

              Lead
              Responsibility   DEPE, Office of Regulatory Policy to develop the model

              Cooperating
              Parties          DEPE Emergency Response and the U.S. Coast Guard for
                               technical advice

              Resources        This can be accomplished with existing resources.

              Required
              Legislation      None


































                                            130










                   Action Plan
                   #4.31                Marinas should implement pollution prevention
                                        plans addressing the siting, design and operation
                                        and maintenance of the facility. The plans should
                                        be comprehensive and address both point and
                                        nonpoint sources associated with the marina.
                                        Technical guidance should be provided by State
                                        agencies. Nonpoint source management
                                        measures for marinas as proposed by the U.S.
                                        Environmental Protection Agency are described in
                                        Appendix 17.

                   Rationale            Many marinas and boat yards are subject to the new
                                        stormwater permitting program to be implemented through
                                        the New Jersey Pollutant Discharge Elimination System
                                        permit program. The deadline for applying for a permit has
                                        been postponed to October, 1992. The N.J. Department of
                                        Environmental Protection and Energy (DEPE) most likely
                                        will address many industrial facilities, including marinas,
                                        through a general permit calling for pollution prevention
                                        plans. Since marinas are frequently in the water or at the
                                        waters edge, urgent attention should be given to helping
                                        these facilities comply with the permitting requirements.

                   Lead
                   Responsibility       1) DEPE to do research and develop guidelines
                                        2) Barnegat Bay Study Area marinas to provide feedback
                                               during guidelines development and to adopt
                                               individualized plans

                   Cooperating
                   Parties              1) N.J. Sea Grant Advisory Service
                                        2) N.J. Marine Trades Association

                   Resources            Funding may be required to support technical advisory staff

                   Required
                   Legislation          None













                                                        131









                                  CHAPTER V: FISHERIES MANAGEMENT



                  Introduction

                         Like all estuaries within New Jersey, Barnegat Bay is a complex, nutrient-
                  rich system which supports a variety of commercial and recreational fisheries. A
                  number of marine species, including fluke, bluefish, weakfish, menhaden and
                  spot utilize the Bay as a nursery area. Hard clams and blue crabs support
                  important recreational and commercial fisheries throughout the year. The
                  varied Bay habitat, including tributaries, intertidal and subtidal shallows, and
                  submerged aquatic vegetation, is a key factor in the productivity of Barnegat
                  Bay.

                         Although it is an extremely productive environment, Barnegat Bay is
                  vulnerable. The organisms of the Bay must be adaptable to an ever changing
                  environment - both natural and anthropogenic. Human-made alterations to the
                  Bay ecosystem are prevalent here due to the large population of the Barnegat
                  Bay watershed and its popularity as a vacation site. Dredging, filling,
                  bulkheading and various types of upland development have a significant impact
                  on the vitality of the Bay. Another source of anthropogenic impacts on the Bay
                  is the Oyster Creek Nuclear Generating Station on Oyster Creek in Lacey
                  Township. A study of the impacts of the plant states that "the potential adverse
                  effects of the thermal discharges on the Barnegat Bay ecosystem were
                  determined and found to be localized and to have few or no regional
                  consequences." The primary impact of the plant was found to be entrainment of
                  fish and other organisms in the cooling system. It is recommended that a study
                  be done to identify methods to mitigate the effects of the plant. Since most
                  major marine fisheries are dependent upon estuaries for their continuation,
                  every effort must be made to preserve and enhance the ecological integrity of
                  Barnegat Bay.

                         While Barnegat Bay supports a great abundance of fisheries resources,
                  there are no species unique to the Bay which would warrant the development of
                  management plans specifically for Barnegat Bay species. However, important
                  commercial and recreational species will be addressed in this chapter,
                  including a discussion of current regulations and proposed management
                  measures designed to reduce both adverse impacts to the resource as well as
                  user conflicts. Although discussed in this section, Shellfish Habitat and
                  Anadromous Fish Spawning Runs have been addressed in detail in the
                  Sensitive Areas Plan.

                         In summary, the fisheries resources of Barnegat Bay provide a multi-
                  million dollar boost to the state's economy in the form of recreational dollars
                  expended and the value of the commercial harvest. While additional data and
                  regulations are needed for effective management, it is generally agreed that the
                  fisheries resources of Barnegat Bay would benefit most via measures to
                  preserve valuable habitat (e.g., sensitive areas such as submerged vegetation,
                  intertidal and subtidal shallows, wetlands, etc.) and improve water quality.


                                                      133








                  Major Fisheries Resources of Barneaet Bay

                          Hard clams, blue crabs, winter flounder and American eels comprise the
                  major commercially-harvested species within the Bay. Landing statistics
                  compiled by the National Marine Fisheries Service indicate that the 1988 catch
                  of hard clams, blue crabs, white perch and American eels reported for Ocean
                  County represented approximately 26% of the state total catch for these
                  species.

                                                     HARD CLAMS

                          The hard clam is the most valuable shellfish species harvested both
                  commercially and recreationally in Barnegat Bay. The value of the 1990 Ocean
                  County hard clam landings was approximately $1,214,487, which represented
                  approximately 29% of the total value of hard clams landed statewide. Although
                  harvest figures are not available, recreational clamming also supports
                  economically significant fisheries and related activities in the Bay. A review of
                  hard clam landings (Table 4) for Ocean County, which includes Barnegat and
                  Little Egg Harbor Bays, indicates a significant decline in reported landings since
                  1960. However, harvest figures have been fairly stable for the last ten years. A
                  survey of recreational and commercial shellfishermen indicated a 43%
                  increase in shellfishing activity between 1978 and 1980, so some portion of the
                  declining harvest figures may be due to intense fishing pressure on the
                  resoUrce.

                          The distribution and relative abundance of hard clams within Barnegat
                  Bay has remained fairly consistent over the last 30 years. Data collected by the
                  N.J. Bureau of Shellfisheries in 1985 shows remarkable correspondence to
                  shellfish distribution charts prepared by the U.S. Fish and WIldlife Service in
                  1963 (Distribution of Shellfish Resoljrces in Relation to the New Jersey
                  Intracoastal Waterway.). Both surveys indicate virtually no hard clam resource
                  north of Cedar Creek (see figure 5), with the southern half of the Bay containing
                  beds of only recreational or moderate commercial value. Although increased
                  shellfishing activity may *have resulted in lower catch per effort figures over time,
                  the corroboration of these two surveys indicates that the distribution and relative
                  abundance of hard clam stocks within the Bay has changed very little since
                  1960.

                          The hard clam industry of New Jersey has received additional benefit
                  from Bamegat Bay in that it has served as a transplanting site for naturally
                  depurating hard clams harvested from marginally polluted waters of Monmouth
                  County. Sixty six acres of bottom between Swan Point and Sloop Point in
                  northern Barnegat Bay have been leased to commercial shellfishetmen
                  participating in the state-sanctioned relay program. From 1980-1989, 30 million
                  clams were transplanted onto the Swan Point lots. Approximately 60
                  shellfishermen participating in the program relayed 8.1 million clams to Swan
                  Point in 1990 and 8.4 million in 1991. Unfortunately, declining water quality
                  resulting from nonpoint source pollution in this area led to a decision in
                  February 1992 to relocate these relay lots to cleaner waters. The new relay site


                                                        134








                  will be selected after careful consideration of a variety of environmental and
                  logistical factors and will most likely be situated between Cedar Creek and
                  Forked River.

                         Water quality and habitat protection are crucial to the continued viability
                  and harvest of the hard clam resource of Barnegat Bay. To this end, specific
                  protection needs for shellfish habitat and hard clam relay beds have been
                  included in the Sensitive Areas section of the plan.


                                                   BLUE CRABS

                         Another species which is one of the most important both recreationally
                  and commercially is the blue crab. Although harvest figures are not available,
                  recreational crabbing supports economically significant fisheries and related
                  activities in the Bay. Commercial landings of blue crabs for Ocean County are
                  listed in Table 5 for both the winter dredge and summer pot fisheries from 1981
                  to 1990. Blue crab landings from both fisheries have been variable during the
                  ten year period. Annual landings from the dredge fishery were less than 20,000
                  pounds from 1981 through 1984, increased to a high of 454,620 pounds in
                  1988, and then decreased to 136,880 pounds in 1990. Average annual
                  landings during the ten year period were 115,906 pounds.

                         Reported blue crab landings from the pot fishery averaged 356,383
                  pounds per year during the ten year period from 1981 to 1990. Except in 1984,
                  annual landings were less than 200,000 pounds from 1982 to 1986 and
                  increased to a high of 847,835 pounds in 1989. In 1990, reported landings
                  totalled 495,395 pounds. Total landings of blue crab in Ocean County typically
                  constitute 10-15 % of total state blue crab landings.

                  Current Management

                         Blue crabs are currently managed statewide through a system of size
                  limits, gear restrictions, area closures and seasons. A summary of existing
                  regulations include:

                         1) Blue crabs can be harvested commercially by crab pot, trot line and
                               dredge.

                         2) All commercial fishermen must be licensed.

                         3) All commercial gear is defined by regulation.

                         4) Commercial crabbers cannot fish in creeks less than 25 feet in width,
                               in marked channels or other areas where navigation is impeded.

                         5) No season has been established for potting or trot lining. The dredge
                               season in Barnegat Bay is December 1 through March 31.



                                                      135








                          6) Possession size limits are three inches for shedder crabs, three and
                                 one-half inches for soft crabs and four inches for hard crabs.

                          7) Egg bearing females cannot be kept.

                          8) Recreational crabbers are not licensed for collapsible traps and hand
                                 lines, but a free license can be issued to fish no more than two
                                 commercial crab pots.



                                                          Table 4


                                         National Marine Fisheries Service
                                       Commercial Landings in Ocean County
                            Hard Clam Landings (lbs.) and Ex-Vessel Value (dollars)


                   Historical Perspective                                       Recent Trend
                   Year      Reported         Value              Year       Reported           Value
                             Landing                                         Landing
                   1960      1.,172,200       $415,039           1981        498,000          $1,088,201

                                                                 1982        5S0,000          $1,3S4,988


                   1 965     1,108,300        $SO8,942 .         1983        668,000          $1,646,637


                                                                 1984        699,000          $2,124,152


                   1970     -.1,400,000       $838,256           1985        533,300          $1,659,232


                                                                 1986        620,000          $2,036,918


                   1975         967,400       $986.269           1987        587,000          $2,234,965

                                                                 1988        564,000          $2.143,265


                   1980         486,700       $974,810           1989        462,000          $1,753,839


                                                                 1990        347,620          $1,223,147


                   Mean                                          Mean        522,892












                                                         136





                                                          FIGURE 5


                                                                              @-r, @xt
          Hard           Clam
          Beds










                                                                                       NJ RI.
          LEGEND


                       None



                       Occurrence



                       Moderate


                       High


              ND      No data
                                                                                           C3

         Source:        NJDEPE GIS



                   0   N
                   0          d                                                       b
                              0                                                      ND
                      NJDEPI


                                                                             ND


                          3    4   S
                       MILES









                                              WINTER FLOUNDER

                        Winter flounder represent another important commercial and recreational
                 fishery within Barnegat Bay, although commercial landings for this species are
                 significantly lower than hard clams or blue crabs. Winter flounder utilize
                 virtually all of Barnegat Bay and its tributaries as spawning and nursery areas.
                 Commercial landings of winter flounder taken by fyke net in Ocean County from
                 1981 to 1990 are listed in Table 6. During the ten year period, the average
                 annual reported landings was 17,919 pounds, with a high of 30,533 pounds
                 (1985) and a low of 5,935 pounds (1989). Winter flounder also support a
                 significant spring and fall recreational fishery in Barnegat Bay.

                 Current Management

                        Winter flounder are currently managed through a system of size limits,
                 gear restrictions and seasons. A summary of existing regulations include:

                        1) Winter flounder can be harvested commercially by tyke net and otter
                              trawl.

                        2) All commercial fishermen must be licensed.

                        3) Trawling is illegal within two miles of the coast.

                        4) All commercial gear is defined by regulation.

                        5) The fyke net season in Barnegat Bay is November 1 through April 30.

                        6) Possession size limit for winter flounder is ten inches.


                                                AMERICAN EEL

                        The American eel spawns in the Sargasso Sea and completes its growth
                 to sexual maturity in the coastal waters,of the east coast of the United States.
                 This species is harvested commercially in Barnegat Bay primarily via the use of
                 baited pots. Most commercial landings in Barnegat Bay occur from April
                 through June, with catches declining through the fall. Commercial landings of
                 American eels taken by eel pots in Ocean County from 1981 to 1990 are listed
                 in Table 6. The average annual landings during the ten year period were
                 53,069 pounds. Landings have decreased steadily from a high of 96,860
                 pounds in 1983 to 20,700 pounds in 1990.









                                                    138










                 Current Manaaement

                        American eels are currently managed statewide through a system of gear
                 restrictions and seasons. A summary of existing regulations include:

                        1) American eels can be harvested commercially by miniature fykes (eel
                               pots).

                        2) All commercial fishermen must be licensed.

                        3) All commercial gear is defined by regulation.

                        4) The season for commercial eel potting in Barnegat Bay is January 1 to
                               December 31.

                        5) Recreational fishermen can fish two eel pots without a license. Eels so
                               taken cannot be sold.



                                      ALEWIFE AND BLUEBACK HERRING

                        Alewife and blueback herring are important forage species found along
                 New Jersey's coast. They play an important role in the food web, occupying an
                 intermediate level between zooplankton and piscivores. Both species are of
                 importance as a human food source and are often harvested for liveibait for
                 bluefish and striped bass fishing. In Barnegat Bay, these species are harvested
                 primarily as a recreational species, although there may be a limited commercial
                 harvest as a by-catch, or unintentional capture, of fyke netting operations.
                 Consequently, there are no reported landings for these species from the
                 National Maritime Fisheries. Service.

                        Alewife and blueback herring are also discussed in the Sensitive Areas
                 chapter, including management measures designed to protect anadromous fish
                 spawning runs.

                 Current Management

                 A summary of existing regulations include:

                        1) Cast nets can be used up to 16 feet in diameter with no license or up
                               to 30 feet in diameter with a bait net license to harvest alewife and
                               blueback herring.

                        2) The maximum number of herring allowed to be harvested per day is
                               35.








                                                    139









                                              AQUACULTURE

                      The N.J. Department of Environmental Protection and Energy (DEPE)
                currently promotes private aquaculture activities via the leasing of Bay bottom
                for shellfish culture. Statewide, approximately 32,000 acres of bay bottom are
                currently leased by commercial shellfishermen, primarily for the culture of
                oysters and hard clams, although the majority of this leased acreage is along
                the Delaware Bay. Approximately 3,400 acres are leased along the state's
                Atlantic coast, with approximately 66 acres leased in Barnegat Bay. These
                parcels are used to grow hatchery-reared clams and oysters to market size or
                as Nwet storage" areas to hold shellfish prior to harvesting them for market. The
                development of aquaculture within New Jersey will continue through the
                cooperative efforts of DEPE, private shellfish hatcheries, and individual
                shellfishermen. In addition, the DEPE is currently investigating the feasibility
                and efficacy of planting crushed shell as a means of habitat enhancement.

                                                  Table 5


                                   National Marine Fisheries Service
                                              Ocean County
                              Landings (Lbs) and Ex-Vessel Value (dollars)


                                                Blue Crabs
                Year          Dredge (Ibs)     Value             Pot (Ibs)      Value
                1981            18,160         $     9,278       376,880        $128,824
                1982                   0       $         0       133,529        $ 50,902
                1983            12,720         $     7,072       161,432        $ 72,799
                1984                   0       $         0       354,175        $141,224
                1985            28,880         $   12,720        170,383        $ 90,535
                1986            49,000         $   21,643        170,818        $ 83,896
                1987          178,620          $   81,992        221,373        $112,287
                1988          454,400          $221,680          632,008        $300,354
                1989          280,400          $124,420          847,935        $404,454
                1990          136,880              70,550        425,395        $222,698
                Mean          115,906                            356,383










                                                  140










                                                      Tab-le--6


                                 American Eels                         Winter Flounder
                  Year          Eel Pot (lbs)    Value             Fyke Net (lbs)       Value
                  1981          32,385           $22,988           23,540               $ 8,813
                  1982          68,620           $52,296           25,923               $11,260
                  1983          96,860           $81,810           32,620               $13,763
                  1984          82,860           $66,290           23,200               $ 9,236
                  1985          56,570           $36,982           30,533               $14,596
                  1986          50,020           $43,928           15,930               $11,581
                  1987          43,360           $41,602             7,373              $ 6,561
                  1988          40,885           $57,289             7,140              $ 5,962
                  1989          38,450           $62,857             5,935              $ 4,722
                  1990          20,700           $34,425             7,000              $ 5,680
                  Mean          53,069                             17,919




                  Action Agenda

                         The action steps outlined in the chapter are organized by fisheries
                  objectives as follows:

                                1 )   Reduce user conflicts relevant to the blue crab fishery.

                                2)    Enact regulations relevant to the blue crab fishery to further
                                      protect resources of Barnegat Bay.

                                3)    Obtain additional information on the winter flounder
                                      populations of Barnegat Bay and amend regulations to
                                      further protect this species.

                                4)    Obtain additional data relevant to the American eel fishery
                                      and amend existing regulations for better management of
                                      the resource.












                                                       141








                 Objective 1         Reduce user conflicts relevant to the blue crab
                                     f ishery.


                 Action Plan
                 #5.1 A              Sell commercial licenses for crab potting during
                                     January, February and March only.

                 Action    Plan
                 #5.1 B              Establish a crab potting season.

                 Action    Plan
                 #5.1 C              Establish a maximum number of crab pots each
                                     commercial fishermen is allowed to set.

                 Action    Plan
                 #5.1 D              Increase the minimum width of creek size allowed
                                     to be potted from 25 feet to 50 feet.

                 Rationale           This is proposed to stabilize license sales which will reduce
                                     conflicts with user groups in the Bay and prevent
                                     overfishing of the crab resource. Crab potters would no
                                     longer have the choice of waiting to assess the condition of
                                     the fishery before buying -a license. Each crabber would
                                     have to decide during the first three months of each year if
                                     they are going to participate in the fishery.

                                     Establishing a season would preven  t setting of pots before
                                     it is practical to pot crabs for the sole purpose of
                                     establishing a crabbing area and should also reduce the
                                     problem of abandoned or lost fishing gear. Limiting the
                                     setting of crab pots will avoid trapping of terrapins and
                                     minimize damage to recreational boaters. After the season
                                     is closed, all pots remaining in the water will be
                                     automatically illegal and can be removed by law
                                     enforcement authorities.

                                     This proposal would reduce conflicts between recreational
                                     fishermen, boaters and commercial crabbers.

                                     Increasing creek size may reduce conflicts between
                                     recreational fishermen, boaters and commercial crabbers.
                                     Avoiding smaller creeks may also reduce the by-catch, or
                                     unintentional capture, of diamondback terrapins, which
                                     would benefit the terrapin resource.

                 Lead
                 Responsibility      The N.J. Department of Environmental Protection and
                                     Energy, Division of Fish, Game and Wildlife, the agency


                                                     142









                           responsible for fishing licenses, should initiate revisions of
                           commercial crab licensing, crabbing practices.and
                           management regulations.

             Cooperating
             Parties       Technical assistance may be required from the N.J. Sea
                           Grant Marine Advisory Services.

             Resources     No additional resources required

             Required
             Legislation   None













































                                                              COG W





                                      143








               Obje ctive 2     Enact regulations relevant to the blue crab fishery
                                to further protect resources of Barnegat Bay.


               Action Plan
               #5.2             Require all baited crab pots to have two cull rings,
                                the size of which should be determined by field
                                studies and literature review.

               Rationale        A cull ring is a size selective escape port which allows
                                undersized crabs to leave a crab pot. Requiring cull rings
                                on all crab pots should reduce the capture of small, illegal
                                crabs. This will reduce culling time and reduce the fishing
                                effectiveness of lost or abandoned gear. This requirement
                                would not pertain to non-baited peeler pots.

               Lead
               Responsibility   The N.J. Department of Environmental Protection and
                                Energy (DEPE), Division of Fish, Game and Wildlife should
                                initiate a field search and literature review to determine the
                                required size of cull rings.

               Cooperating
               Parties          Technical assistance in this study may be required by the
                                following parties:
                                1) DEPE, Land Use Regulation Program
                                2) N.J. Sea Grant Marine Advisory Service

               Resources        Funding will be required to undertake field studies and
                                literature review to determine the proper size of cull rings.
                                Possible sources of funding include:
                                1) Permit fees for coastal development
                                2) Annual fee for coastal development having direct impact
                                      on Bay ecology
                                3) Mitigation fees for violations
                                4) User fees
                                      a) boat operators license
                                      b) boat registration fee
                                      c) commercial harvester fee

               Required
               Legislation      None









                                              144










               Action Plan
               #5.3              Require all crab pots to have non-galvanized or
                                 non-stainless hog rings or other fasteners on at
                                 least one side of the pot.

               Rationale         This proposal would reduce the fishing effectiveness of lost
                                 gear (ghost pots) by ensuring that fasteners on one panel of
                                 the pot would corrode and render the pot unfishable.

               Lead
               Responsibility    Revisions of crabbing regulations should be initiated by the
                                 N.J. Department of Environmental Protection and Energy
                                 (DEPE), Division of Fish, Game and Wildlife.

               Cooperating
               Parties           Technical assistance may be required from the following
                                 parties:
                                 1) DEPE, Land Use Regulation Program
                                 2) N.J. Sea Grant Marine Advisory Service

               Resources         No additional funding will be required

               Required
               Legislation       None


























                                              145









               Action Plan
               #5.4             Establish all submerged aquatic vegetation (SAV)
                                areas as sensitive areas and prohibit dredging to
                                protect vegetation.

               Rationale        SAV areas are important fish feeding and spawning
                                habitats. Establishing these areas as sensitive sites and
                                limiting activity within them will help control environmental
                                damage and offer additional protection to these sensitive
                                habitats.


               Lead
               Responsibility   The N.J. Department of Environmental Protection and
                                Energy (DEPE ), Division of Fish, Game and Wildlife should
                                initiate the identification and mapping of SAV areas within
                                the Barnegat Bay. This activity should be coordinated with
                                mapping efforts recommended in Action Plans #4.13 &
                                #7.10

               Cooperating
               Parties          Technical assistance may be required from the following
                                agencies:
                                1) DEPE, Land Use Regulation Program
                                2) N.J. Sea Grant Marine Advisory Service

               Resources        Additional resources may be necessary for identification
                                and mapping of SAV beds. Possible sources of funding
                                include:
                                1) Permit fees for coastal development
                                2) Annual fee for coastal development having direct impact
                                     on Bay ecology
                                3) Mitigation fees for violations
                                4) User fees
                                     a) boat operators license
                                     b) boat registration fee
                                     c) commercial harvester fee

               Required
               Legislation      None












                                             146










                Action Plan
                #5.5             Require all commercial crab pot and. dredge
                                 licenses sold to indicate their use in Barnegat
                                 Bay.

                Rationale        Information gathered from commercial fisherman would be
                                 a valuable and inexpensive data set to assist the State in its
                                 efforts to monitor the vitality of the crab population and
                                 assess the level of fishing effort.

                Lead
                Responsibility   The N.J. Department of Environmental Protection and
                                 Energy (DEPE), Division of Fish, Game and Wildlife should
                                 initiate the creation of a crabbing survey as an attachment
                                 to a commercial license application.

                Cooperating
                Parties          Technical assistance may be required from the following
                                 agencies:
                                 1) DEPE, Land Use Regulation Program
                                 2) N.J. Sea Grant Marine Advisory Service

                Resources        No significant additional monies required

                Required
                Legislation      None

























                                              147









               Action Plan
               #5.6             Conduct a survey of commercial and recreational
                                crabbers to gather data on the blue crab fishery
                                within Barnegat Bay.

               Rationale        Bay fishermen can provide current and diverse data on the
                                yield, health and population of the crab population.

               Lead
               Responsibility   The N.J. Department of Environmental Protection and
                                Energy (DEPE), Division of Fish, Game and Wildlife should
                                design and administer a crab survey.

               Cooperating
               Parties          Technical assistance in designing a survey may be
                                required from the following agencies:
                                1) DEPE, Land Use Regulation Element
                                2) N.J. Sea Grant Marine Advisory Service

                                Assistance in administering a survey may be required from:
                                1) Marinas
                                2) Bait shops

               Resources        Additional funding is required to compile survey results.
                                Possible sources of funding include:
                                1) Permit fees for coastal development
                                2) Annual fee for coastal development having direct impact
                                     on Bay ecology
                                3) Mitigation fees for violations
                                4) User fees
                                     a) boat operators license
                                     b) boat registration fee
                                     c) commercial harvester fee

               Required
               Legislation      None















                                             148








               Objective 3      Obtain additional information on the winter
                                flounder populations of Barnegat Bay and amend
                                regulations to further protect this species.


               Action Plan
               #5.7A            Define, by field studies and literature review, all
                                winter flounder spawning areas and times.

               Action Plan
               #5.7B            Prohibit dredging in areas where winter flounder
                                spawning takes place to protect adhesive,
                                demersal eggs and bottom associated larvae.
                                Areas probably include all'of Barnegat Bay and
                                major tributaries. Time restrictions probably
                                would extend from January I to May 31.

               Rationale        Field studies can more precisely determine flounder
                                spawning areas. Protecting spawning areas from dredging
                                and other disturbances will assist in ensuring the continued
                                use of the Barnegat Bay as a spawning habitat.

               Lead
               Responsibility   The N.J. Department of Environmental Protection and
                                Energy (DEPE), Division of Fish, Game and Wildlife should
                                initiate a field study and literature review to determine
                                spawning times and locations.

               Cooperating
               Parties          Technical assistance in this study may be required by the
                                following parties:
                                1) DEPE, Land Use Regulation Element
                                2) N.J. Sea Grant Marine Advisory Service

               Resources        Funding will be required to undertake this study. Possible
                                sources of funding include:
                                1) Permit fees for coastal development
                                2) Annual fee for coastal development having direct impact
                                      on Bay ecology
                                3) Mitigation fees for violations
                                4) User fees
                                      a) boat operators license
                                      b) boat registration fee
                                      c) commercial harvester fee

               Required
               Legislation      None




                                             149









               Action Plan
                5.8             Require all fyke net licenses sold to indicate their
                                use in Barnegat Bay

               Rationale        Information gathered from license holders would be a
                                valuable and inexpensive data set to assist the State in its
                                efforts to monitor the vitality of the winter flounder and
                                assess the level of fishing effort.
               Lead
               Responsibility   The N.J. Department of Environmental Protection and
                                Energy (DEPE), Division of Fish, Game and Wildlife should
                                initiate the creation of a fishing survey as an attachment to a
                                tyke net license application.

               Cooperating
               Parties          Technical assistance may be required from the following
                                agencies:
                                1) DEPE, Land Use Regulation Program
                                2) N.J. Sea Grant Marine Advisory Service

               Resources        No significant additional monies required

               Required
               Legislation      None


























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               Action Plan
               #5.9             Prohibit on-water filleting of all winter flounder.

               Rationale        All winter flounder caught should be landed whole to
                                eliminate the potential for circumventing the size limit by
                                filleting undersized fish at sea.

               Lead
               Responsibility   The N.J. Department of Environmental Protection and
                                Energy, Division of Fish, Game & Wildlife should initiate the
                                revision of flounder regulations.

               Cooperating
               Parties          Assistance in enforcing the proposed prohibitions may
                                include the following:
                                1) N.J. State Police, Bureau of Marine Law Enforcement
                                2) Marinas

               Resources        No significant monies will be required

               Required
               Legislation      None




























                                             151








               Objective 4      Obtain additional data relevant to the American
                                eel fishery and amend existing regulations for
                                better management of the resource.


               Action Plan
               #5.10A           Conduct a survey to assess the level of fishing
                                effort and key harvest areas for American eels in
                                Barnegat Bay.

               Action Plan
               #5.1 OB          Require all miniature fyke (eel pot) licenses sold
                                to indicate their use in Barnegat Bay

               Rationale        Information gathered from eel fishermen through a survey
                                and the licensing process would be a valuable and
                                inexpensive data set to assist the state in its efforts to
                                identify eel habitats, monitor the vitality of eel and assess
                                the level of fishing effort.

               Lead
               Responsibility   The N.J. Department of Environmental Protection and
                                Energy (DEPE), Division of Fish, Game and Wildlife should
                                initiate the creation of a fishing survey as an attachment to
                                an eel pot license application.

               Cooperating
               Parties          Technical assistance may be required from the following
                                agencies:
                                1) DEPE, Land Use Regulation Program
                                2) N.J. Sea Grant Marine Advisory Service

               Resources        Additional funding is required to conduct a survey to assess
                                the current status of the eel pot fishery. Possible sources of
                                funding include: -
                                1) Permit fees for coastal development
                                2) Annual fee for coastal development having direct impact
                                     on Bay ecology
                                3) Mitigation fees for violations
                                4) User fees
                                     a) boat operators license
                                     b) boat registration fee
                                     c) commercial harvester fee

              'Required
               Legislation      None





                                             152









               Action Plan
               #5.11 A          Better define eel potting seasons to restrict potting
                                to when eels are actually harvested.

               Action Plan
               #5.11 B          Establish a maximum number of eel pots each
                                commercial fisherman is allowed to set in order to
                                reduce potential user conflicts.

               Rationale        These actions are proposed to prevent setting of pots
                                before it is practical to pot eel for the sole purpose of
                                establishing a harvesting area. Establishing a season
                                should also reduce the problem of abandoned or lost
                                fishing gear. After the season is closed, all pots remaining
                                in the water will be automatically illegal and can be
                                removed by law enforcement authorities. These proposals
                                would also reduce conflicts between recreational
                                fishermen, boaters and commercial fishermen.


               Lead
               Responsibility   The N.J. Department of Environmental Protection and
                                Energy , Division of Fish, Game and Wildlife should initiate
                                the rule-and eegulation revisions necessary to establish an
                                eel potting season and maximum number of eel pots each
                                fisherman may use.

               Cooperating
               Parties          Technical assistance may be required from the following
                                parties:
                                1) DEPE, Division of Science and Research
                                2) N.J. Sea Grant Marine Advisory Service

               Resources        No additional funding is required

               Required
               Legislation      None














                                              153










                                          CHAPTER VI: PUBLIC ACCESS



                   Introduction

                          The Barnegat Bay waterfront with its various recreational facilities and
                   opportunities for boating, swimming, fishing and other recreational uses is not
                   only an important regional resource, but a statewide resource also. One of the
                   goals of the Watershed Management Plan for Barnegat Bay is to maintain
                   shoreline open space. This portion of the Plan attempts to strike a balance
                   between protection of the Bay resources and accommodation of the interests of
                   different recreational users of the Bay. This planning process has involved
                   identifying access limitations, identifying existing and potential access
                   opportunities and defining specific action steps to realize them.

                          The opportunities for access to Barnegat Bay are limited by both the
                   extent and location of existing development and by the type of natural shoreline
                   surrounding the Bay. The north end of Barnegat Bay (north of Route 37 to Bay
                   Head) is densely developed, but has pockets of existing parks and access
                   opportunities along the waterfront. Contiguous areas of tidal wetlands are
                   located along the Metedeconk River and south into Brick and Dover Townships,
                   thereby limiting access. In the southern end of the Barnegat Bay study region
                   (south of Route 37 to Route 72) the upland area is less heavily developed, but
                   expanses of tidal marsh lie between the upland edge and the open water of the
                   Bay. The presence of environmentally sensitive wetland areas naturally limits
                   the type and location of access sites; it is important that the possible
                   degradation of sensitive coastal resources and potential disruption of critical
                   Wildlife habitat be considered when determining potential access locations
                   along the Bay.

                          As municipalities adjacent to Barnegat Bay have become increasingly
                   developed and user demand for recreating on the Bay has risen, opportunities
                   to gain access to the Bay appear to be decreasing, especially as the population
                   of the region and state grow. Both physical and visual access to the Barnegat
                   Bay waterfront have become shrinking resources as privately owned and quasi-
                   public land and facilities are being developed into non-water dependent uses.
                   Opportunities for public access are further constrained by the lack of public
                   information on locations of public access points, the limited availability of
                   support facilities such as rest rooms, and often inadequate parking facilities at
                   sites. In addition, crabbers and fishermen often experience access difficulties
                   such as blocked street ends, strict parking regulations or lack of pa.rking, all of
                   which limit access to the waterfront.










                                                         155








                         Public recreational access to Barnegat Bay and its tributaries consists of
                  several types, including boating access (boat ramps, marinas, car-top
                  launches), shoreline access (docks, piers, moorings, natural shorelines), beach
                  access (swimming), natural area access (parks, nature trails, bird observation
                  points), scenic resources access (viewpoints, vistas) and linkage access
                  (bicycle paths, auto tours, pedestrian trails). These access opportunities are
                  provided through a number of means. First, Federal, State, County and local
                  parks, wildlife management areas, beaches and boat launching sites are found
                  throughout the Barnegat Bay shoreline, offering both direct physical access to
                  the water and passive recreational activities adjacent to the water. Private boat
                  launches and marinas also offer the public opportunities, at a cost, for access to
                  the Bay. In addition, bridges and street ends adjacent to the Bay are commonly
                  used by the public for access to the waterfront. A preliminary list (Appendix 18)
                  of existing public access sites along the Barnegat Bay waterfront shows a
                  variety of Federal, State, County, and local facilities in the Barnegat Bay study
                  region: portions of the Edwin B. Forsythe National Wildlife Refuge exist at the
                  Federal level, 8 facilities exist at the State level (including state parks, natural
                  areas, wildlife management areas and the state marina), 6 waterfront parks
                  exist at the County level, and approximately 37 municipal beaches, parks and
                  boat launching sites are present. The Citizen's Public Access Subcommittee
                  which assisted in the development of this document created a preliminary list of
                  potential public access opportunities in the Barnegat Bay region. This list is
                  also included in Appendix 19.

                  Action Agenda

                         This Public Access section of the Watershed Management Plan for
                  Barnegat Bay proposes a series of public and private actions to maintain,
                  enhance, and protect physical and visual access to the Barnegat Bay
                  waterfront. These action plans are organized under the following objective:

                                1) Maintain, secure and improve existing and potential public
                                access opportunities along the Bamegat Bay waterfront.

















                                                       156








                Objective 1      Maintain, improve and secure existing and
                                 potential public access opportunities along the
                                 Barnegat Bay waterfront.


               Action Plan
               #6.1 A            Create a Coastal Access Coordination Group In
                                 the N.J. Department of Environmental Protection
                                 and Energy (DEPE) to coordinate the planning,
                                 management and development of coastal access
                                 areas and provide technical and financial
                                 assistance to local governments to improve public
                                 access opportunities.

               Action Plan
               #6.1 B            Develop a Regional Public Access Plan for
                                 Barnegat Bay which provides for a network linking
                                 recreational areas adjacent to the Bay and other
                                 points of interest. Such a planning process would
                                 include:

                                 1) Completing a recreation facility needs study by:
                                       8) Conducting a professional survey of user
                                       demand
                                       b) Completing a comprehensive Inventory of
                                       existing access facilities
                                       c) Deriving the deficits or surpluses
                                       d) Identifying the priority facility needs by
                                       type of facility and general location

                                 2) Developing a comprehensive property Inventory
                                       for potential access points

                                 3) Developing environmentally sensitive site
                                       selection criteria for determining needed
                                       access sites

                                 4) Recommending design guidelines for public
                                       access facilities.

                                 Such a Plan should be accompanied by a Public
                                 Access Guide to Barnegat Bay as described In
                                 Action Plan #7.4.










                                               157








               Rationale        A Coastal Access Coordination Group would bring together
                                the expertise of the various DEPE offices involved in public
                                access issues. This would improve the DEPE's
                                involvement in providing access opportunities in New
                                Jersey's coastal zone as well as serve as a repository for
                                information on shorefront access. Key to the State's
                                involvement in public access are the Rules on Coastal Zone
                                Managbment which serve as the basis for all State coastal
                                permit decisions and require, where. appropriate, that
                                adequate public access to the waterfront be provided. Also,
                                in the future, New Jersey's pass-through local coastal
                                planning and construction grants may be reinstated to
                                promote waterfront park and public access opportunities.
                                Other State offices also involved in promoting public access
                                to coastal waters include: Green Acres Program; Division of
                                Parks and Forestry; Division of Fish, Game and Wildlife; and
                                the Bureau of Tidelands.

                                A comprehensive access plan for Barnegat Bay would give
                                the guardians of this resource - the coastal communities,
                                County, and State - the framework for a region-wide effort to
                                recognize, protect and improve access, and would give the
                                public a long-range plan for developing and enjoying
                                access opportunities. Both a comprehensive inventory of
                                existing and potential access points and a professional user
                                needs survey would contribute to the development of an
                                overall regional access plan.

               Lead
               Responsibility   1) The coordinated efforts of the following groups within the
                                      DEPE will be require to initiate creation of the
                                      Coordination Group:
                                      a) Green Acres Program
                                      b) Coastal Management Program
                                      c) Division of Fish, Game and Wildlife
                                      d) Division of Parks and Forestry
                                2) Ocean County Planning Board should assume the lead
                                      in preparing the Public Access Plan for Barnegat Bay

               Cooperating
               Parties          Assistance in preparing and implementing the Plan may be
                                required from the following agencies:
                                1) N.J. Sea Grant Advisory Service
                                2) Ocean County Parks & Recreation Department
                                3) DEPE
                                      a) Coastal Management Program
                                      b) Green Acres Program
                                      c) Division of Parks and Forestry
                                      d) Division of Fish, Game and Wildlife


                                             158










                            Technical assistance may be required from the following
                            agencies:
                            1) N.J. Department of Commerce, Tourism Office
                            2) N.J. Department of the Public Advocate           7

             Resources      1) Coastal Management Grant funds
                            2) Green Acres funds
                            3) Non-profit Grant organizations

             Required
             Legislation    Legislation is required to create a stable source of funding
                            and/or for new bond issues to fund the N.J. Green Acres
                            Program. (see also Action Plan #6.5)



































                                       159









                  Action Plan
                  #6.2A                Pursue the acquisition and funding of public
                                       access areas through a variety of techniques, such
                                       as fee simple acquisition, easements, leases and
                                       general obligation bonds, federal and, state
                                       funding programs, and land trusts. Descriptions of
                                       these techniques and programs are attached In
                                       Appendix 20

                  Action Plan
                  #6.2B                Plan and construct additional public shoreline
                                       access sites, such as docks, piers and ramps,
                                       along the Barnegat Bay waterfront.

                  Rationale            Funding sources are a critical component to accomplishing
                                       both the acquisition of new areas and the maintenance of
                                       existing facilities. Many means are available for the
                                       acquisition and funding of these public access
                                       opportunities. As discussed in Appendix 20, traditional
                                       legal and financial techniques and existing funding sources
                                       are available at the Federal and State level of governments
                                       to secure areas for recreation and open space purposes.
                                       State, County and municipal governments can pursue
                                       funding from these sources for their recreation/open space
                                       acquisition program.

                                       A need for additional shoreline access sites in Barnegat
                                       Bay has been noted by numerous Bay users. The Ocean
                                       County Comprehensive Master Plan (1988) also
                                       recognizes the need for improved access sites to Bamegat
                                       Bay. The list of existing public access sites demonstrates
                                       that while public land, such as parks and beaches, are
                                       found along the Bay waterfront, facilities such as fishing
                                       piers and shoreline access sites are fewer in number. This
                                       shortage requires attention, as crabbing and fishing are
                                       popular activities in Bamegat Bay. Access sites should be
                                       selected based on environmental constraints, user
                                       considerations, adequate parking, and compatibility of
                                       surrounding land uses. Planning for local shoreline access
                                       sites should be coordinated at the local, regional and state
                                       level since this can be a very sensitive issue. For more
                                       information on the development, design and appropriate
                                       location criteria for siting new access sites, two'documents,
                                       Waterfront Public Access: Design Quidelones and Jbg
                                       Chesapeake Bay Area Public Access Technical Assistance
                                       Report, are available from the N.J. Department of
                                       Environmental Protection and Energy (DEPE), Office of
                                       Regulatory Policy.



                                                       160










             Lead
             Responsibility 1) Ocean County Planning Board should initiate a study of
                                 suitable sites for acquisition and available funding
                                 sources.
                            2) Ocean County Parks & Recreation Department should
                                 initiate the process of identifying potential sites for
                                 public access construction projects.

             Cooperating
             Parties        Assistance in researching and implementing this project
                            may be required from the following entities:
                            1) Municipalities
                            2) Land trust organizations
                            3) Ocean County Parks and Recreation Department
                            4) DEPE
                                 a) Green Acres Program
                                 b) Fish, Game & Wildlife
                                 c) Parks and Forestry
                                 d) Environmental Regulation

             Resources      1) Green Acres funds
                            2) Coastal Management Grant funds
                            3) Parks and Forestry funds
                            4) Fish, Game & Wildlife funds
                            5) municipal and county funds
                            (See Appendix 20 for additional sources of potential funds
                            related to financing recreational public access
                            opportunities)

             Required
             Legislation    Legislation is required to create a stable source of'funding
                            and/or for new bond issues to fund the N.J. Green Acres
                            Program. (see also Action Plan #6.5)

















                                        161









                  Action Plan
                    6.3                Identify and prioritize suitable, vacant waterfront
                                       lands and private facilities along the Barnegat Bay
                                       waterfront that are currently providing or have the
                                       potential to provide shoreline access, especially
                                       upland areas that are bulkheaded. Such an
                                       inventory should be produced and kept up-to-date
                                       for recreational planning and acquisition
                                       purposes.

                  Rationale            Vacant waterfront sites and private facilities currently used
                                       for, but not dedicated to, shoreline access may be lost by
                                       changes in land use. All levels of government should work
                                       together to secure and enhance access at these areas.
                                       Waterfront municipalities and the Ocean County Planning
                                       Board can play an important role by promoting such areas
                                       for recreation and access, by identifying them on open
                                       space/recreation master plans and by seeking Green Acres
                                       and other funding to acquire and develop such sites.
                  Lead
                  Responsibility       The Ocean County Planning Board should initiate the
                                       inventory of suitable access sites.
                  Cooperating
                  Parties              Assistance from the following agencies may be required to
                                       complete this project:
                                       1) Municipalities
                                       2) Ocean County Parks and Recreation Department
                                       3) N.J. Department of Environmental Protection and Energy
                                              a) Green Acres Program
                                              b) Environmental Regulation
                                              c) Division of Fish, Game and Wildlife
                                              d) Division of Parks and Forestry

                  Resources            1) Green Acres funding
                                       2) Coastal Zone Manadement Grant funds
                                       (See Appendix 20 for additional sources of potential funds
                                       related to financing recreational public access
                                       opportunities)

                  Required
                  Legislation          Legislation is required to create a stable source of funding
                                       and/or for new bond issues to fund the N.J. Green Acres
                                       Program. (see also Action Plan #6.5)








                                                       162










              Action Plan
              #6.4             Provide appropriate shoreline fishing sites, such
                               as fishing cat walks, at appropriate existing and
                               new county bridge locations. For instance, the
                               Mantoloking Bridge on County Road #528 is
                               scheduled to be replaced under Ocean County's
                               Transportation Improvement Program. The County
                               should investigate maintaining and upgrading the
                               existing bridge structure as a shoreline fishing
                               access site. (see also Action Plan #4.27)
              Rationale        Co@stal bridges are a common area for recreational
                               fishermen and crabbers. Some bridge crossing areas in
                               Barnegat Bay have the potential to serve as official
                               shoreline fishing access sites, such as through the use of
                               cat walks. This is especially relevant for bridges being
                               reconstructed or replaced. By providing suitable and safe
                               sites on bridges for anglers and crabbers, greater public
                               access opportunities are provided in terms of shoreline
                               fishing access. Design and implementation of public
                               access along bridge locations has been done at Longport-
                               Somers Point Bridge in Atlantic County and Corson's Inlet
                               Bridge in Cape May County.

              Lead
              Responsibility   The Ocean County Planning Board should investigate
                               potential public fishing sites.

              Cooperating
              Parties          Technical assistance may be required from the following
                               agencies:
                               1) Ocean County Engineering Department
                               2) N.J. Department of Transportation
                               3) N.J. Department of Environmental Protection and Energy,
                                    a) Environmental Regulation
                                    b) Division of Fish Game and Wildlife

              Resources        1) N.J. Department of Transportation to fund bridge
                                    upgrading
                               2) Federal Department of Transportation to fund bridge
                                    upgrading
                               3) Federal Sport Fish Restoration Account of the Wallop-
                                    Breaux Trust Fund to provide public access
                                    improvements
                               (See Appendix 20 for additional sources of potential funds
                               related to financing recreational public access
                               opportunities).




                                           163









                     Required
                     Legislation                 None






















































                                                                                                        VDG 19W




                                                                        164










             Action Plan
              6.5           Enact legislation to establish stable sources of
                            funding to local, County and State agencies for
                            public open space acquisition, facility
                            development, and the operation and maintenance
                            of recreational facilities.

             Rationale      Public waterfront access facilities are acquired, developed,
                            operated and maintained by local, County and State
                            agencies, often through limited funds and user fees.
                            Adequate funds for acquisition, development, and operation
                            and maintenance of access facilities is a problem at all
                            levels of government, as existing recreation financial
                            resources are being stretched. This lack of funding has
                            resulted in the continual deterioration of existing facilities.
                            Money needs to be made available to provide for ongoing
                            acquisition, development and maintenance of these areas.
                            The enactment of legislation for a permanent source of
                            funds for acquisition, development, and operation and
                            maintenance needs is critical.


             Lead
             Responsibility N.J. State Legislature should create a dedicated, stable
                            funding source for public open space acquisition.

             Cooperating
             Parties        Technical assistance may be required from the N.J.
                            Department of Environmental Protection and Energy
                            (DEPE):
                                 1) Natural and Historic Resources Group
                                 2) Legislative Affairs

             Resources      None

             Required
             Legislation    Legislative initiative is needed to establish stable sources of
                            funding for outdoor recreation operation and maintenance
                            needs. Examples of New Jersey legislative bills relating to
                            stable sources of funding for open space are available from
                            the DEPE, Office of Regulatory Policy.











                                       165









               Action Plan
               #6.6             Amend the environmental, open space and
                                recreation planning components of the N.J.
                                Municipal Land Use Low (N.J.S.A. 40:5513-1 VI
                                I=.) to enable municipalities to require
                                mandatory public dedication of recreation/open
                                space adjacent to tidally flowed waters as part of
                                the conditions of approval for residential
                                subdivisions.

               Rationale        Municipal power to plan and zone is articulated in the
                                Municipal Land Use Law (MLUL), though it does not
                                include the power to require mandatory public dedication of
                                recreation/open space adjacent to tidally flowed waters. By
                                amending the MLUL, municipalities would be better
                                equipped to promote the tidal waterfront access
                                opportunities which are already entrusted to the public
                                through New Jersey's Public Trust Doctrine. The Coastal
                                Management Program policy on public access (see
                                N.J.A.C. 7:7E-1.1 et seg.) can be used as technical
                                guidance to municipalities. The policy requires that:
                                "Coastal development adjacent to all coastal waters,
                                including both natural and developed waterfront areas,
                                shall provide permanent perpendicular and linear access to
                                the waterfront to the maximum extent practicable, including
                                both visual and physical access. Development that limits
                                public access and the diversity of the waterfront experience
                                is discouraged." This policy sets forth the guidelines for the
                                appropriate public access design and use for an area.

               Lead
               Responsibility   The N.J. State Legislature, which has exclusive authority to
                                amend the Municipal Land Use Law

               Cooperating
               Parties          Technical assistance may be required from the following
                                agencies: .
                                1) N.J. Department of Environmental Protection and Energy,
                                     Environmental Regulation
                                2) N.J. Office of State Planning
                                3) Ocean County Planning Board

               Resources        No significant monies required

               Required
               Legislation      Amendment to the New Jersey Municipal Land Use Law





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                Action Plan
                #6.7             Plan and zone, as part of the municipal master
                                 planning process, waterfront land for uses which
                                 would both encourage and not preclude public
                                 access, such as open space, conservation and
                                 marine-related uses. (see also Action Plans #2.19
                                 and #2.21)

                Rationale        The N.J. Municipal Land Use Law (N.J.S.A. 40:55D-1 fil
                                 M.) gives municipalities the authority to include open-
                                 space and recreation elements. Such elements in a plan
                                 will give a municipality a goal for open space and
                                 recreation land acquisition.

                Lead
                Responsibility   Municipal planning boards should include public open
                                 space planning as part of their regular municipal master
                                 plan revision process.

                Cooperating
                Parties          Technical assistance may be required from the following
                                 agencies:,
                                 1) N.J. Department of Environmental. Protection and Energy,
                                      a) Environmental Regulation
                                      b) Office of Environmental Services
                                 2) N.J. Office of State Planning
                                 3) Ocean County Planning Board

                Resources        No significant monies required

                Required
                Legislation      None


















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               Action Plan
               #6.8             Prioritize public funds for dredging and shore
                                protection to those areas that provide a public
                                benefit, such as areas that provide public access
                                opportunities.

               Rationale        Careful prioritization of public dredging and shore
                                protection funds can encourage public access opportunities
                                on the Bay waterfront. For example, if public monies used
                                for the dredging of lagoons and water areas are used first in
                                those areas that provide public boating access
                                opportunities, this benefits the public overall, as well as
                                specific private users of lagoon waterways.

               Lead
               Responsibility   The prioritization of potential public access sites and
                                funding sources should be initiated by the following
                                agencies:
                                1) N.J. Department of Environmental Protection and Energy,
                                      (DEPE)
                                      a) Environmental Regulation
                                      b) Natural & Historic Resources

               Cooperating
               Parties          DEPE, Green Acres Program

               Resources        State funds for dredging and shore protection

               Required
               Legislation      None



















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               Action Plan
               #6.9             Investigate and decide whether or not a fee based
                                on fair market value should be charged to local
                                governments leasing riparian lands solely used for
                                park and recreational purposes.

               Rationale        The N.J. Tidelands Resource Council charges fees for
                                leases which allow people to use land which is currently or
                                was formerly flowed by the tide. Under Attorney General
                                F.O. 1978, No. 8, the State decided that adequate
                                consideration in the amount of fair market value of the
                                tidally flowed land conveyed to municipalities and counties
                                for the exclusive use of park and recreational purposes was
                                appropriate. As a consequence, municipalities often have
                                to pay the State this fee before local waterfront public
                                access can be provided. This financial requirement can
                                make the development of waterfront public access cost
                                prohibitive unless relatively high user fees are then charged
                                to compensate for the cost of the tidelands conveyance.
                                Therefore, charging municipalities for leases to provide
                                public access which will not have associated user fees may
                                be seen as being contrary to the Public Trust Doctrine
                                (under which the Tidelands Resource Council functions),
                                the purpose of which is to promote ready public access to
                                the waterfront and water areas. Hence, it may be more
                                appropriate to charge municipalities a nominal fee, at
                                maximum, if they propose to provide waterfront public
                                access with no associated user fees.


               Lead
               Responsibility   The following agencies should coordinate in this decision
                                making process and request a new Attorney General
                                opinion to reverse Attorney General F.O.1 978, No.8:
                                1) N.J. Department of Environment Protection and Energy
                                     a) N.J. Tidelands Resource Council
                                     b) Office of Tidelands
                                     c) Green Acres Program

               Cooperating
               Parties          Technical assistance may be required from the following
                                parties:
                                1) Ocean County Board of Chosen Freeholders
                                2) Ocean County municipalities
                                3) Department of Law and Public Safety, Office of the
                                     Attorney General

               Resources        Tidelands conveyances or Use Agreements




                                             169









            Required
            Legislation*    None






































                                          170










                        CHAPTER VII: PUBLIC PARTICIPATION AND EDUCATION



                   Introduction

                          The future health and welfare of the Barnegat Bay watershed is in the
                   hands of all the residents of and visitors to the area. This is especially true with
                   regard to the implementation of this plan. No one body has the authority to
                   make the action plans in this document come to fruition; it is only through a
                   united effort on the part of all affected parties that this management plan can
                   work.

                          Citizen participation will be important in terms of individual behavior
                   modification, education of each other, collection of data and influencing
                   governmental bodies to facilitate the implementation of appropriate action
                   plans. Therefore, the general public must be continually made aware of their
                   connection to the Bay. In the Watershed Management (Chapter 11) section of
                   this plan, it was recommended that a citizens Watershed Association be formed.
                   This Barnegat Bay Watershed Association will be key to carrying out the
                   recommendations of the Public Participation and Education chapter. Programs
                   to educate and inform citizens about the importance of the Bay as an economic,
                   recreational and natural resource need to be implemented with the assistance
                   of this group. It should also be noted that many efforts are community based, do
                   not require State involvement and can be financed through grant programs or
                   in-kind donations by businesses and community organizations.


                   Action Agenda

                         The overall objective of these recommendations is as follows:

                                 1) Encourage the implementation of the management plan and
                                 support environmental education that promotes and encourages
                                 an environmental ethic in the citizens of the Barnegat Bay
                                 Watershed by demonstrating their connection to, and impact on
                                 the health and welfare of the region.














                                                        171








            Objective I    Encourage the implementation of the management
                           plan and support environmental education that
                           promotes and encourages an environmental ethic
                           In the citizens of the Barnegat Bay Watershed by
                           demonstrating their connection to, and Impact on
                           the health and, welfare of the region.

            Action Plan
            #7.1           Once established, a Barnegat Bay Watershed
                           Association and the affiliated Barnegat Bay
                           Keeper Program should conduct educational
                           programs. (see also Action Plan #2.29)

            Rationale      Watershed associations are composed of citizens who are
                           intimately familiar with local issues and resources and who,
                           therefore, are best suited to coordinate with other groups
                           and provide a well directed educational program. An
                           integral part of this program is the education of agencies,
                           businesses and the general public about how to prevent
                           pollution. This role would naturally fall to the entity
                           responsible -for tracking pollution in the Bay - the Barnegat
                           Bay Keeper.

            Lead
            Responsibility 1) Members of the Barnegat Bay Watershed Association
                           2) The Barnegat Bay Keeper

            Cooperating
             Parties       1) New Jersey Department of Environmental Protection and
                                Energy (DEPE)
                           2) Association of New Jersey Environmental Commissions
                           3) Ocean County Soil Conservation District
                           4) Schools
                                a) Teachers
                                b) Student Groups
                                c) Parent/Teacher Associations
                           5) Environmental organizations
                           6) Ocean County government
                           7) Municipal governments
                           8) N.J. Sea Grant (Barnegat Bay Watch Monitoring
                                Program)
                           9) Alliance for New Jersey Environmental Education
                           10) Scouting organizations
                           11) Civic groups

            Resources      1) Private foundation support
                           2) DEPE, Office of Environmental Services Matching Grant
                                Program
                           3) Membership fees and donations


                                       172








                                   4) Corporate contributions
                                   5) N.J. Department of Education
               Required
               Legislation         None




































                                                      173









               Action Plan
               #7.2             Develop a media campaign 'with local newspapers,
                                radio stations, cable and television stations to
                                publicize the plan and encourage behavior which
                                Is sensitive to the natural environment. This effort
                                should be initiated by student groups.

               Rationale        This project will give student groups the opportunity to
                                practice their skills with audio visual equipment in a real
                                situation that could have an important impact on how the
                                Bay is perceived by the general public.

               Lead
               Responsibility   Environmental Education Network

               Cooperating
               Parties          1) Association of New Jersey Environmental Commissions
                                2) Ocean County Environmental Agency
                                3) Alliance for New Jersey Environmental Education
                                4) Ocean County Soil Conservation District
                                5) Local environmental groups
                                6) Local high school and college clubs that are members of
                                     the Youth Environmental Society
                                7) Local N.J. Water Watch groups

               Resources        Use a local high school or county college audio visual class
                                to donate time as a class or club project to create the Public
                                Service Announcements.

               Required
               Legislation      None


















                                             174










                Action Plan
                #7.3A            Offer an annual Barnegat Bay Education Week that
                                 highlights the unique features of the Bay including
                                 Its multi-use nature, the importance of
                                 conservation and proper land and water
                                 management, and ways to make lifestyle changes
                                 that promote behavior which minimizes negative
                                 Impacts on the natural environment.

                Action Plan
                #7.313           Include a Barnegat Bay Festival as a   portion of
                                 Barnegat Bay Education Week. This      festival .
                                 should integrate fun, educational opportunities
                                 and provide a day when all citizens have an
                                 opportunity to focus on the unique features of the
                                 Bay ecosystem and learn more about Individual
                                 behavior modifications they can make to Improve
                                 the quality of the environment In the watershed.
                                 The festival should be planned so that It does not
                                 contribute to traffic, litter and other pollution
                                 problems. The Ocean County Environmental
                                 Conference could serve as a model.


                Action Plan
                #7.3C            Use the first Barnegat Bay Education Week to kick-
                                 off a nonpoint source pollution prevention project
                                 which Includes a storm drain painting project
                                 similar to the Crab Connection (sponsored by
                                 Clean Ocean Action and Alliance for a Living
                                 Ocean). This project would Include the painting of
                                 stencils of Bay wildlife and a slogan on storm
                                 drains so that people become aware that the
                                 drains empty Into the Bay and contribute to non-
                                 point source pollution.

                Action Plan
                #7.3 D           Develop a Bernegat Bay Environmental Education
                                 Display Booth to carry. the theme of Barnegat Bay
                                 Education Week to related festivals throughout the
                                 year.













                                               175








                   Rationale            An education week on the importance of behavior and
                                        activities which are sensitive to the natural environment
                                        would point out to citizens on an individual and personal
                                        level how they are linked to the pollution problems of the
                                        Bay, and the way they can make simple changes or
                                        adjustments to their activities to improve the health and
                                        welfare of the Bay. The week would thus foster a personal
                                        connection and sense of responsibility to the Bay. This
                                        week could be the culmination of a ypar-long education
                                        campaign through the media, local schools, businesses
                                        and local parks and coincide with the annual Ocean County
                                        Environmental Conference or Earth Day.

                                        A-Barnegat Bay Festival would serve as an annual
                                        reminder and forum to educate citizens in the watershed
                                        about the unique ecology of the Bay. The education
                                        component could demonstrate a person's connection to the
                                        Bay, and how individual activities affect the health of the
                                        Bay and ultimately its value as a recreational and economic
                                        resource. The festival should be designed to attract and
                                        reach out to all sectors of society. The day would be the
                                        focus of the Environmental Education Week, while
                                        emphasizing how to enjoy the Bay in an environmentally
                                        sensitive manner.

                                        The stencil contest would spark an interest in nonpoint
                                        source pollution and create an understanding of the
                                        connections between people and pollution. Once the
                                        stencils are in place it would be a constant reminder of the
                                        connection between land and water pollution. The
                                        development of a traveling booth would also serve as a
                                        continual educational device.


                  Lead
                  Responsibility        1) Environmental Education Network to organize Barnegat
                                               Bay Education Week
                                        2) Ocean County Chamber of Commerce to sponsor the
                                               Barnegat Bay Festival
                                        3) To lead the stenciling project:
                                               a) Local governments
                                               b) Non-profit environmental organizations










                                                        176









            %,ooperating
            Parties        1) Association of New Jersey Environmental Commissions
                           2) Alliance for New Jersey Environmental Education
                           3) Ocean County Soil Conservation District
                           4) Local environmental and recreational groups
                           5) Local interpretive centers such as Cattus Island and
                                Wells Mills County Parks
                           6) Scouting and educational organiza'Lions

            Resources      1) Donations
                           2) Exhibitor fees
                           3) Entrance fees
                           4) A contest with a small entrance fee could be offered to
                                develop a stencil. Half of the entrance fee could be
                                used to fund stencil painting along storm drains, the
                                other half could be presented to the person with the
                                winning entry.

            Required
            Legislation    None



















                                                           er













                                                        0 0WG





                                      177









              Action Plan
              #7.4A             Develop and publish a comprehensive Public
                                Access Information Guide to existing public access
                                areas surrounding Barnegat Bay. The Guide
                                should include location information on access
                                sites, facility descriptions, public transportation,
                                natural resource information, and education and
                                conservation-oriented information. A sign
                                program should accompany a Guide Plan with
                                public access signs or logos locating access
                                points.

              Action Plan
              #7.4B             Develop Bay Watch Signs similar to neighborhood
                                watch signs to remind people that they are In the
                                Barnegat Bay watershed and should be aware of
                                potential sources of pollution.

              Rationale         Publicity and education are important components of the
                                enhancement of public access opportunities and the care of
                                natural resources. The Guide and the sign program can
                                provide information on public access sites, facilities, fees
                                and public transportation, and encourage stewardship of
                                these resources. Residents of and visitors to the watershed
                                will be educated on environmental resources of the Bay, the
                                potential adverse effects of their activities and actions they
                                can take to minimize the potential negative effects, The
                                development of a Public Access Information Guide should
                                include input from every level of government, private
                                organizations and citizens.

              Lead
              Responsibility    Assembling and publishing the information guide and
                                development of sign program should be initiated by the
                                following agencies:
                                1) Ocean County Parks and Recreation Department
                                2) Ocean County Tourism Advisory Council, Economic and
                                     Industrial Development Department
                                3) Ocean County Environmental Agency

              Cooperating
              Parties           Technical assistance in this project may be required from
                                the following agencies:
                                1) N.J. Department of Transportation (DOT)
                                2) N.J. Department of Commerce, Tourism Office
                                3) Department of Environmental Protection and Energy,
                                     Green Acres
                                4) Local Public Works Departments
                                5) Ocean County Parks and Recreation Department


                                             178








                                6) Ocean County Department of Public Works
                                7) N.J. Sea Grant Marine Advisory Service
               Resource's       1) Coastal Management Grant funds
                                2) DOT funds
                                3) N.J. Tourism funds
                                4) Ocean County Tourism funds
                                5) Green Acres Grants
                                6) Private foundation funds

               Required
               Legislation      Possible local ordinances to put up signs

































                                             179









             Action Plan
             #7.5           Encourage local grocery stores to print Barnegat
                            Bay specific messages on their shopping bags.

             Rationale      A message on shopping bags about the Barnegat Bay
                            Festival and Education Week would help advertise the
                            events. In addition, generic messages about the
                            importance of recycling and pollution prevention within the
                            watershed could also be printed to help educate the public.

             Lead
             Responsibility 1) Environmental Education Network
                            2) Ocean County Environmental Agency
                            3) Ocean County Soil Conservation District

             Cooperating
             Parties        Grocery store chains

             Resources      Funds will be necessary for printing the grocery bags

             Required
             Legislation    None




























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               Action Plan
               #7.6             Conduct information sessions that encourage the
                                correct disposal of waste water at pump-out
                                stations. Publicize the existence and locations of
                                such stations by handing out the N.J. Department
                                of Environmental Protection and Energy (DEPE)
                                pamphlets at boater registration.

               Rationale        Information sessions will help educate user groups and
                                individuals, so that they realize they have a critical role to
                                play in the prevention of pollution to the Bay and should
                                dispose of boat wastewater in an environmentally
                                responsible and appropriate manner at pump out stations.
                                Also, distribution of pump-out station information at boater
                                registration time will reach a large audience and hopefully
                                increase compliance with disposal regulations. Pamphlets
                                should also be distributed at marinas, at boat dealers and
                                stores where boating equipments is sold.

               Lead
               Responsibility   1) Ocean County Environmental Agency
                                2) Local marinas
                                3) DEPE
                                4) Rutgers C6operative Extension of Ocean County

               Cooperating
               Parties          1) Association of New Jersey Environmental Commissions
                                2) Local environmental groups
                                3) N.J. Sea Grant Marine Advisory Service

               Resources        1) Radio broadcasts
                                2) Community access cable-television broadcasts
                                3) Newspaper publicity
                                4) Up-front donations
                                5) Registration fees
                                6) DEPE, Office of Environmental Services Matching
                                      Grant-Program

               Required
               Legislation      None











                                              181









              Action Plan
              #7.7              Adapt existing ocean and water resources
                                curricula from the N.J. Department of
                                Environmental Protection and Energy (DEPE) and
                                other organizations to include a Barnegat Bay
                                focus. Make this curricula available to local
                                educators through schools, the Learning Link
                                network, visitor centers and interpretative centers.
                                (see also Action Plan #3.3)

              Rationale         Education is the key ingredient to affecting social change.
                                Educating school age children about the Bay could
                                influence the development of positive environmental
                                behavior and habits. Such behavior changes in their
                                children may influence changes in parents' attitudes toward
                                the Bay, thus fostering an environmental ethic in the citizens
                                of the watershed.


              Lead
              Responsibility    1) Environmental and educational organizations
                                2) Ocean County tourism office
                                3) Ocean County Parks and Recreation Department
                                4) Ocean County Soil Conservation District

              Cooperating
              Parties           1) Scout organizations
                                2) Ocean County school system
                                3) Ocean County libraries
                                4) DEPE
                                5) N.J. Sea Grant Program
                                6) N.J. Marine Sciences Consortium

              Resources         Grants from private foundations to develop curricula

              Required
              Legislation       None














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                 Action Plan
                 #7.8A               Encourage local planning board officials to be
                                     certified and maintain a requisite number of
                                     continuing education credits per year over the
                                     course of their term. Basic courses could include
                                     a review of the jurisdiction and development
                                     review processes of all levels of government.
                                     Possible advanced topics are: stormwater runoff,
                                     tree protection ordinances, conservation zones,
                                     etc.


                 Action Plan
                 #7.8B               Establish an annual local conference for planning
                                     board and board of adjustment members to
                                     explain development review processes at all
                                     .levels of government.

                 Rational            Continued training of planning board and board of
                                     adjustment officials will enable them to remain apprised of
                                     the most recent environmental and land use planning
                                     information as it relates to their responsibilities. A
                                     comprehensive review of the development review
                                     procedures will also expedite the decision-making process.

                 Lead
                 Responsibility      1) New Jersey Federation of Planning Officials to organize
                                           a training course
                                     2) To organize a conference:
                                           a) New Jersey Department of Environmental
                                                  Protection and Energy (DEPE)
                                           b) Association of New Jersey Environmental
                                                  Commissions
                                           c) New Jersey County Planners Association

                 Cooperating
                 Parties             1) Municipal planning boards and boards of adjustment
                                     2) Environmental commissions
                                     3) Rutgers University Office of Continuing Education
                                     4) DEPE
                                     5) Ocean County Soil Conservation District
                                     6) N.J. Pinelands Commission
                                     7) Ocean County Planning Board
                                     8) Ocean County Community College

                 Resources           1) N.J. Department of Community Affairs should
                                           provide funding for this program
                                     2) Private foundation funds




                                                    183









                    Required
                    Legislation              None








































                                                                                                               '0,       7-0







                                                                 184










               Action Plan
               #7.9              Include Barnegat Bay education materials In the
                                 lifeguard training program and Coast Guard Safe
                                 Boating Course.

               Rationale         Lifeguards are frequently the first person on the scene
                                 when garbage has been washed up on the beach, a
                                 pollution problem has been discovered or questions are
                                 asked about water quality and safety for recreational use.
                                 They should be equipped with accurate information and,
                                 therefore, provide a link between the N.J. Department of
                                 Environmental Protection and Energy (DEPE) and citizens
                                 about potential problems. In the training program that
                                 lifeguards receive, a segment should be added about water
                                 quality and reporting pollution, so they will be better
                                 informed to answer citizens' questions and know when to
                                 report a potential problem.

                                 Information specific to Barnegat Bay is also important for
                                 boaters so that they better understand their potential impact
                                 on the Bay and will be better equipped to report pollution
                                 problems they observe.

               Lead
               Responsibility    1) Lifeguard associations
                                 2) U.S. Coast Guard

               Cooperating
               Parties           DEPE

               Resources         Materials prepared by the DEPE

               Required
               Legislation       None
















                                              185









                  Action Plan
                  #7.10                Publish educational materials including a map
                                       depicting near-shore critical habitats and
                                       restricted areas, and disseminate that information
                                       to the boating public. All restricted areas should
                                       be identified and posted.

                                       This brochure should also Identify submerged
                                       aquatic vegetation (SAV) habitats and existing
                                       channels, and contain information concerning the
                                       importance of SAV to the Bay ecology and
                                       potential damage caused by prop scar. The
                                       brochure should include an advisory for boaters
                                       and users of personal watercraft to avoid these
                                       areas and for boaters to use existing navigation
                                       channels where possible. (see also Action Plan
                                       #5.4)

                  Rationale            Near-shore critical habitats include endangered and
                                       threatened species habitats, colonial water bird nesting
                                       sites (such as herons, egrets, ibis, terns, and skimmers),
                                       and migratory waterfowl stopover sites. Many of these
                                       species are not tolerant of human contact. Therefore,
                                       human disturbances can render habitat unsuitable for these
                                       important species, further threatening their survival in New
                                       Jersey.

                                       The operation of power vessels across shallow beds can
                                       physically damage submerged vegetation and result in
                                       chronic minor disturbances such as prop scars. While
                                       singular scars from crossings are probably quickly repaired
                                       by rhizomes and new shoots, the cumulative effect of many
                                       crossings could be destructive to the bed.

                  Lead
                  Responsibility       1) N.J. Department of Environmental Protection and Energy
                                               (DEPE), Office of Regulatory Policy to publish
                                               educational @materials
                                       2) Barnegat Bay Watershed Association, if existent

                  Cooperating
                  Parties              1) DEPE, Divisions of Parks and Forestry and Fish, Game
                                               and Wildlife to identify and post restricted areas as
                                               necessary
                                       2) Private land owners to post restricted areas, or for
                                               permission to post, where critical habitats are in
                                               private ownership
                                       3@ DEPE, Office of Communications
                                       4 Area Realtors and water vehicle rental agencies to
                                               distribute materials to watershed visitors






                                                       186








             Resources      Money is needed to publish the brochure once it is
                            developed. Money for this brochure may possibly be
                            available from the DEPE's Federal coastal zone
                            management grant or N.J. Sea Grant.

             Required
             Legislation    None






































                                        187









                  Action Plan
                  #7.11                Improve the public awareness of existing vessel
                                       speed and operation regulations to provide
                                       clearer direction to watercraft operators. This
                                       Information should be included in a brochure
                                       Identifying congested areas and speed advisories.
                                       (See also Action Plan #4.5)
                  Rationale            The numbers of motorized watercraft operating on Barnegat
                                       Bay are creating nearly continuous traffic in small channels
                                       adjacent to residential areas during peak use hours. This
                                       continual traffic is injurious to docked vessels and protected
                                       shorelines when "no wake" zones are ignored, and it is
                                       intrusive on the homeowners if muffling devices have been
                                       altered or are not maintained. The existing navigation
                                       regulations address these issues (N.J.A.C. 7:6-1.1 pL Z=).
                                       Amendments to those regulations at N.J.A.C. 7:6-1.31
                                       became effective April 15, 1991 requiring power vessels to
                                       slow to minimum headway when passing within 200 feet of
                                       a developed waterfront.

                                       New noise standards were also adopted at N.J,.A.C. 7:6-6.3
                                       which permit a "standing" test rather than a "pass-by" test to
                                       be administered. This will make enforcement of the noise
                                       standard easier. Increased awareness by the boating
                                       public and strict enforcement of these regulations will
                                       address many of these conflicts.

                  Lead
                  Responsibility       N.J. Department of Environmental Protection and Energy
                                       (DEPE), Office of Regulatory Policy to design brochure
                  Cooperating
                  Parties              1) To assist in brochure development:
                                              a) N.J. State Police, Bureau of Marine Law
                                                     Enforcement
                                              b) Boat Regulation Commission
                                       2) To distribute brochure:
                                              a N.J. Division of Motor Vehicles
                                              b@ U.S. Coast Guard Auxiliary
                                              c  Marinas

                  Resources            Funding is needed to publish a brochure. Ideally, funding
                                       would originate from the Department of Law and Public
                                       Safety, but may come from the DEPE or the N.J. Sea Grant
                                       Program.

                  Required
                  Legislation          None






                                                        188










               Action Plan
               #7.12            Provide Teacher Training Workshops on
                                environmental education, with an emphasis on the
                                ecology and environment of Barnegat Bay.
                                Workshops will provide teachers with a basis on
                                which to introduce Barnegat Bay-oriented
                                environmental education in their lesson plans.
                                This program could be facilitated by the creation
                                of environmental education commissions similar to
                                Brick Township's in each municipality.
               Rationale        One of the most important aspects of introducing
                                environmental education curricula into the classroom is to
                                provide teachers with the tools necessary to integrate
                                environmental concepts at the appropriate time and
                                location in a school calendar. Teacher Training Workshops
                                and an environmental education commission would provide
                                teachers with the tools and the support to develop curricula
                                that would respond to teacher and student needs.

               Lead
               Responsibility   1 Ocean County Soil Conservation District
                                2@ Ocean County Environmental Agency
               Cooperating
               Parties          1@ Brick Township Environmental Education Commission
                                2 Youth Environmental Society through their Earth Care
                                      Seminars
                                3@ Cattus Island County Park and Interpretive Center
                                4 Ocean County Community College
                                5 N.J. Department of Environmental Protection and Energy
                                      (DE@E)
                                6) N.J. Marine Sciences Consortium

               Resources        1) Workshops could be self-supporting through tuition
                                      charges
                                2) DEPE, Office of Environmental Services Grants
               Required
               Legislation      None














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               Action Plan
               #7.13            Develop a speakers bureau of local environmental
                                experts who can speak to professional
                                organizations, business organizations, clubs,
                                religious groups, senior citizen organizations, etc.
                                about environmental concerns In the Barnegat Bay
                                watershed.

               Rationale        A speakers bureau would provide an opportunity to meet
                                with citizens who may not be well informed about the
                                environmental problems and pressures facing the Barnegat
                                Bay watershed. This would be an ongoing mechanism to
                                discuss, inform and educate citizens to the value and
                                importance of the watershed.

               Lead
               Responsibility   Barnegat Bay Watershed Association
               Cooperating
               Parties          1) ocean County Environmental Agency
                                2 Cattus Island County Park and Interpretive Center
                                3) Environmental Education Network
                                4@ Association of New Jersey Environmental, Commissions
                                5 Ocean County Community College
                                6 Ocean County Soil Conservation District

               Resources        None

               Required
               Legislation      None






















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                               CHAPTER VIII: RESEARCH AND MONITORING

                  Introduction

                         Changes to the Barnegat Bay watershed were probably very gradual in
                  the 250 years following the start of the colonial settlements. In the decades
                  since 1950, there has been unprecedented explosion in population growth in
                  the watershed with the population of Ocean County increasing 665% between
                  1950 and 1990. This population growth has lead to intensive development,
                  insensitive land-use patterns and increased boating. As a result, the natural
                  systems of the Bay and its watershed have been overwhelmed.

                         During the tremendous growth of the past decades, we have closely
                  monitored development activities. Municipalities approve and monitor
                  development proposals, building uses and types, housing demands and the
                  traffic patterns that all this development generated. However, no one has
                  comprehensively monitored the,changes and health of the natural environment
                  of the Bay and watershed.

                         Certainly increased development and human activity have had an impact
                  on this environment. Forests have been cut and wetlands have been filled.
                  Increased levels of sediments and contaminants have been introduced into the
                  Bay. Shellfish beds have been closed due to- contamination, fishing harvests
                  have declined and underwater vegetation has been damaged. Some past
                  environmental preservation efforts have fought specific development proposals
                  or pollution threats, without concern for the whole ecosystem. We must begin to
                  consider the health of the entire Bay system, rather than respond to a specific
                  symptom of poor health.

                         We know that by altering the landscape through development we change
                  dramatically how water flows from uplands to the Bay and what that water
                  carries with it to the Bay. But we don't understand thoroughly how increased
                  sediments, septic leachate and other pollutants will affect the Bay's finfish and
                  bottom-dwelling creatures. Natural systems do not decline in neat or
                  predictable increments and are naturally variable. Therefore, we need to
                  monitor the Bay's health constantly over time to know whether it is healthy or
                  deteriorating and whether nature or man is responsible for the change.

                         Some components of the watershed are readily observable and will be
                  easy to monitor. Land monitoring should track trends in the watershed and
                  include forest health, wetland patterns and conditions, sensitive sites and
                  species habitats. Other areas are not easily observable and will be more
                  difficult to monitor. For instance, the Bay bottom is not readily visible, so
                  shellfish and finfish will be difficult to study. Changes in water quality will only
                  be apparent after continuous testing. As well as directly monitoring elements of
                  the Bay, we should also monitor indicators of its health, such as birds.




                                                      191








                         Research into the biological and physical factors that 'drive' the Bay is an
                  essential complement to a monitoring program. As the monitoring program
                  tracks changes in the Bay's condition over time, research will help to identify the
                  causes of--and the solutions to--the problems that affect the Bay, as well as
                  better ways to do monitoring. Research and monitoring proceed along different
                  timetables, and have different aims, but work together so that each is refined
                  and improved by the other. Funding for research and monitoring i     ,s vulnerable
                  to elimination during economic recessions and budget crises. But Barnegat
                  Bay is an important component of the tourist economy of New Jersey, especially
                  that of Ocean County. This research and monitoring component of the
                  Watershed Management Plan for Barnegat Bay is a positive step toward
                  preventing further damage and improving this valuable asset. Research and
                  monitoring give legislators and citizens the necessary information to adjust
                  regulations and personal behavior to preserve and enhance the Bay.


                  Action Agenda

                         The action steps outlined in this chapter are divided into monitoring
                  needs and research needs and are listed under one of the following two
                  objectives. Expanded definition of these objectives is contained in Table 7.
                  Action Plan #8.1 concerns a comprehensive Barnegat Bay Ambient Monitoring
                  Program which was developed by the Research and Monitoring Subcommittee,
                  with input from the Citizens Advisory Committee, and is described more fully in
                  Appendix 21. Action Plans #8.2, #8.3 and #8.4, which also fall under the
                  monitoring objective, address specific concerns.

                         1      To establish an integrated program of data collection, analysis,
                                synthesis, and interpretation that will enhance baseline
                                information; characterize spatial and temporal trends of conditions
                                in the Bay and of human and other factors that affect those
                                conditions; and monitor the effectiveness of the management plan
                                and assure that refinements are made as appropriate.

                         2)     To establish and maintain a system of priorities, funding and
                                dissemination of research that adds to our knowledge of the
                                human, physical and biological systems of the Barnegat Bay
                                watershed; identifies causes and solutions of pollution problems
                                and impaired uses; and assists decision-making activities of
                                regulatory and management agencies while stimulating creativity
                                and excellence in research.












                                                       192








               Objective 1      To establish an integrated program of data
                                collection, analysis, synthesis, and interpretation
                                that will enhance baseline Information;
                                characterize spatial and temporal trends of
                                conditions in the Bay and of human and other
                                factors that affect those conditions; and monitor
                                the effectiveness of the management plan and
                                assure that refinements are made as@ appropriate.


               Action Plan
                                Create a Barnegat Bay Ambient Monitoring
                                Program that will collect and analyze samples and
                                carry out surveys to determine the quality of the
                                water, sediments, biological populations, and
                                habitats of the Barnegat Bay drainage basin, using
                                protocols, quality assurance checks, data storage
                                and reporting procedures. Provide a permanent
                                technical staff responsible for coordinating the
                                components of the program, analyzing and
                                interpreting data, and preparing annual reports.
                                (see Appendix 21)

                                Support the citizens' monitoring program which Is
                                collecting,data which will supplement the
                                Barnegat Bay Ambient Monitoring Plan and act as
                                an educational and public Involvement tool.
                                Citizen monitors have been asked to carry out
                                portions of the Barnegat Bay Ambient Monitoring
                                Program tasks deemed to be appropriate by the
                                coordinating body and Implementing agencies.
                                The monitoring program staff shall provide
                                technical support for citizens' monitoring projects.
                                Data collected under the citizens' monitoring
                                program will be-subject to the same (or similar)
                                protocols and quality assurance checks as all
                                other portions of the Barnegat Bay Ambient
                                Monitoring Program.

               Rationale        A comprehensive program for monitoring the human,
                                physical, and biotic factors that determine and reflect
                                conditions in the Bay is an essential tool for evaluating the
                                effectiveness of the management plan and its component
                                action plans. It will also contribute to knowledge about
                                natural variations in the Bay, and support refinements to the
                                management plan over time. Table 7 shows how
                                monitoring of specific parameters, as described in Appendix
                                21, will meet the overall aims of the monitoring program.



                                             193









            Lead
            Responsibility The Barnegat Bay Research & Monitoring Subcommittee
                           (both the N.J. Department of Environmental Protection and
                           Energy (DEPE) and Citizens groups) should form the basis
                           of a permanent oversight committee, comprised of
                           representatives of DEPE, other agencies, citizens,
                           researchers, regulators and managers from all levels of
                           government.

                           The Citizens Monitoring Prografn should continue to be
                           coordinated and conducted by the N.J. Sea Grant Program

            Cooperating
            Parties        1) Academic institutions
                           2) State and Federal agencies
                           3) The business community
                           4) The agricultural community
                           5) Environmental groups
                           6) Private research organizations.

            Resources      1) Existing programs need to place a high priority on
                                research and monitoring activities in Bamegat Bay,
                                including greater allocation of program funds for this
                                purpose.
                           2) A considerable amount of new funding is required to
                                carry out the comprehensive monitoring program
                                described in the plan. A major commitment of funds
                                by the DEPE and/or legislature is required.

            Required
            Legislation    New legislation should be introduced to further the mandate
                           of the original Act to protect the environment of Barnegat
                           Bay. The new legislation should provide funding for
                           monitoring the response of the Bay environment to the
                           various action plans implemented.















                                      194










               Action Plan
               #8.2             Create an independent staff to coordinate the
                                many components of the research and monitoring
                                plan, analyzing and interpreting results and
                                preparing annual reports for the Barnegat Bay
                                Watershed Association and the public.


               Rationale        The successful implementation of a Bay management plan
                                will require personnel to coordinate activities, analyze and
                                interpret data. A small staff will be required to undertake
                                these activities and should be assigned these tasks without
                                conflict or interference from other project assignments

               Lead
               Responsibility   NA Department of Environmental Protection and Energy,
                                Division of Science and Research

               Cooperating
               Parties          N.J. Marine Sciences Consortium

               Resources        Funding will be required to staff a research and monitoring.
                                program.

               Required
               Legislation      None


























                                              195









                                          Objectives - Monitoring Plan
                                                  (see Table 7)

                 1     Understand natural oceanographic events and processes that may
                              influence biota, water quality and beneficial uses.

                 2.    Determine trends and natural variability in abundance of biota, especially
                              important resource species.

                 3.    Determine trends in factors that may affect human health.

                 4.    Determine trends in inputs and concentrations of anthropogenic
                              pollutants and trends in other human activities that may affect
                              conditions in the Bay.

                 5.    Determine temporal and spatial trends of receiving system properties.

                 6.    Determine the effects of changes in regulatory and management
                              decisions and practices.'

                 7.    Determine trends in the aesthetic appearance of the Bay.

                 8.    Provide an early warning of detrimental or unwanted changes in the Bay
                              and its natural communities.





























                                                    196










                                                                 Table 7

                                              Monitoring Parameters and Objectives


                                                                                     Monitorina Obiectives
                                    Monitoring Parameters                      1    2 1#3 #4 #5 06 #7 YtB
                                                                                                    X
                     1) Temperature, salinity & dissolved     oxygen                   I
                     2) Nutrients                                              X              X     X    X
                                                                               X                         X X
                     3).Turbidity
                     4) Pathogen    indicators in water and shellfish               X         X     X    X
                     5) Phytoplankton abundance and com       position &            X                               X
                            chlorophyll a concentrations
                     6) Macrophyte abundance                                        X                               X
                     7) Shellfish Winfish abundance                                 X                    X
                     8) Benthic community structure                                 X               X               X
                     9) Toxic contaminants in aquatic biota and                          X    X
                             sediments
                     10) Histopatholooical abnormalities                                                            X
                     11)  Bird abundance & reproductive success                     X                               X
                     12)  Toxic contaminants in birds                                         X          X          X
                     13)  Floatables                                                                     X    X
                     14)  Shoreline habitat and sensitive areas                                     X    X
                     15)  River discharges and quality                         X              X          X
                     16)  Groundwater discharge and quality                    X              X
                                                                                    X         X          X
                     17)  Fishing efforts and landings
                     18)  Dredoino (area & volume)                                            X
                     19)  Boatina use                                                         X          X          X
                     20)  Atmospheric and other pollutant inputs                              X          X          X
                     21)  Climate & weather data                               X
                     22)  Regulatory & management measures                                               X
                     23) Socioeconomic conditions                                             X          X
                     124) Rare pliant    animal populations                         X                               X





                                                                197









               Action Plan
               #8-3              Monitor for nonpoint delivery reduction, such as
                                 best management practices, detention basins and
                                 infiltration basins, to measure the effectiveness of
                                 such facilities in reducing pollutant levels entering
                                 Barnegat Bay. Often, planners and engineers rely
                                 on these facilities to capture and remove
                                 pollutants just prior to delivery Into a receiving
                                 water. Therefore, monitoring of their performance
                                 Is warranted.

               Rationale         The effectiveness of basins, trenches and other stormwater
                                 facilities for pollutant removal can be reduced by poor
                                 maintenance and construction. Data are sparse for the
                                 removal of certain pollutants such as oil and nutrients. Also,
                                 the effect of unique coastal conditions, such as high
                                 sedimentation, high water table and tidal influence,has not
                                 been determined on best management practice
                                 performance.

               Lead
               Retponsibility    N.J. Department of Environmental Protection and Energy

               Cooperating
               Parties           1) Ocean County Soil Conservation District
                                 2) Ocean County Health Department
                                 3) Municipal health departments

               Resources         Funding is required. Possible federal funding through the
                                 Nonpoint Source Pollution (Section 319) or Stormwater
                                 Permitting (Section 402p) sections of the Federal Clean
                                 Water Act

               Required
               Legislation       None

















                                              198










               Action Plan
                8.4              Monitor the condition of navigation in the Bay to
                                 identify hazards to navigation from vessel
                                 operation or special uses.
               Rationale         Monitoring of navigational hazards is not currently
                                 performed in the Bay. This should be undertaken to protect
                                 public safety.

               Lead
               Responsibility    1 N.J. State Police, Bureau of Marine Law Enforcement
                                 2@ N.J. Boat Regulation Commission

               Cooperating
               Parties           None

               Resources         If monitoring is to be intensive and deliberate, additional
                                 manpower would be needed. However, monitoring may be
                                 designed to rely on the observations of existing marine law
                                 enforcement personnel.

               Required
               Legislation       None





























                                              199









              Action Plan
              #8.5             Provide aerial reconnaissance to document
                               existing watercraft use patterns in Barnegat Bay.

              Rationale        Aerial reconnaissance is needed to monitor watercraft use
                               on the Bay. This will help to identify congested areas, traffic
                               hazard areas and areas prone to special uses (e.g., sail
                               boards, jet skis) and alert boaters to potential conflicts.

              Lead
              Responsibility   1) N.J. Department of Environmental Protection and Energy
                                     (DEPE), Office of Regulatory Policy

              Cooperating
              Parties          1@ DEPE, Bureau of Water Monitoring
                               2 N.J. State Police, Bureau of Marine Police

              Resources        Funding is needed
              Required
              Legislation      None






























                                            200








                Objective 2       To establish and maintain a system of priorities,
                                  funding and dissemination of research that adds
                                  to our knowledge of the human, physical and
                                  biological systems of the Barnegat Bay watershed;
                                  Identifies causes and solutions of pollution
                                  problems and impaired uses; and assists decision-
                                  making activities of re -gulatory and management
                                  agencies while stimulating creativity and
                                  excellence in research.


                Action  Plan
                #8.6              Develop a set of priorities for research in the
                                  Barnegat Bay. These priorities should be
                                  developed by consensus with the scientific
                                  community, resource managers, policy makers,
                                  other involved parties and the general public.

                Rationale         Research is essential for understanding Barnegat Bay and
                                  its associated watersheds and for developing management
                                  options for the long-term protection of the Bay. Research
                                  and monitoring together will form the technical
                                  underpinning of the plan. Monitoring will establish baseline
                                  conditions and determine trends; research will take the
                                  monitoring findings and confirm the processes and
                                  relationships that underlie them. Research will also be
                                  integral to the development of more accurate, practical and
                                  cost-effective methods of monitoring and sample analysis.

                Lead
                Responsibility    The Barnegat Bay Research & Monitoring Subcommittee
                                  (both the N.J. Department of Environmental Protection and
                                  Energy (DEPE) and Citizens groups) should form the basis
                                  of an oversight group.

                Cooperating
                Parties           Representatives of academic institutions, state and federal
                                  agencies, the business community, agriculture,
                                  environmental groups and private research organizations.

                Resources         1) Existing programs need to place a high priority on
                                       research and monitoring activities in Barnegat Bay,
                                       including greater allocation of program funds for this
                                       purpose.
                                  2) A considerable amount of new funding is required to
                                       carry out the comprehensive monitoring program
                                       described in the plan. A major commitment of funds
                                       by the DEPE and/or legislature is required.




                                               201









              Required
              Legislation      New legislation should be introduced to further the mandate
                               of the original Act to protect the environment of Barnegat
                               Bay. The new legislation should provide funding for
                               research into the basic biological, Chemical and physical
                               processes that determine the Bay's productivity and health.





















































                                                                       COG I"i





                                            202










               Action Plan
               #8.7             Develop a research program to understand
                                sources, current loadings, cycling, and the Bay's
                                assimilative capacity for pollutants, especially
                                nutrients. Measure or determine through
                                modelling:

                                1) The actual loading rates of pollutants to the Bay
                                      (including inputs via surface and
                                      groundwater discharges, aerial deposition,
                                      sediment releases, and direct inputs from
                                      human and natural sources).

                                2) The ability of the Bay to assimilate pollutants
                                      (i.e., the pollutant loading capacity) without
                                      adverse impacts to Bay resources and uses.

                                3).The amount and location of additional
                                      development (if any) that can be
                                      accommodated in the Bay watershed without
                                      exceeding the Bay's pollutant loading
                                      capacity. This analysis should consider
                                      potential loadings from sewered and
                                      unsewered development.

               Rationale        This research will provide a technical basis for more
                                targeted land use and other controls in the future.
                                Remediation efforts could also be targeted such that funds
                                are expended on the most significant (or most remediable)
                                pollutant sources. The results of such a study will be useful
                                for estuary protection efforts underway in other areas of
                                New Jersey, and in other states.

               Lead
               Responsibility   N.J: Department of Environmental Protection and Energy,
                                Division of Science and Research; Bureau of Water
                                Monitoring
               Cooperating      I N.J. Marine Science Consortium
               Parties          2 Universities
                                31 Ocean County Environmental Agency
               Resources        Funding will be required to develop and implement a
                                research program

               Required
               Legislation      None







                                              203










               Action Plan
               #8.8             Determine whether beaching and launching craft
                                from natural shorelines is causing significant
                                erosion.

               Rationale        Beach erosion is an ongoing natural force at the Bay's
                                edge. Little research has been done to determine what
                                effect beaching and launching watercraft from the beach
                                has on erosion.

               Lead
               Responsibility   New Jersey Department of Environmental Protection and
                                Energy (DEPE), Division of Science and Research
               Cooperating
               Parties          DEPE, Office of Regulatory Policy
               Resources        Funding is needed for this study. The DEPE will have to
                                allocate money from its general appropriation to fund this
                                study.

               Required
               Legislation      None





























                                             204










                  Action Plan
                  #8.9                Establish a -research program to document
                                      damage to submerged aquatic vegetation (SAV)
                                      populations from powerboat use. As part of this
                                      study a pilot program of posting shallow SAV
                                      habitat may be considered.

                  Rationale           Submerged aquatic vegetation provides many
                                      environmental benefits in the Bay. They serve as nursery
                                      and feeding habitats for numerous species of fish, crabs
                                      and shellfish, provide food for waterfowl, reduce wave
                                      energy and erosion, and contribute detritus to the estuarine
                                      food web. SAV grows in shallow water and is vulnerable to
                                      propeller damage from powerboats. Documentation is
                                      needed to determine the need to regulate boat use and
                                      educate boat operators of potential damage to SAV beds. If
                                      the program demonstrates that powerboat operation is
                                      having an adverse effect on Submerged Aquatic
                                      Vegetation, appropriate regulations should be adopted to
                                      minimize that damage.

                  Lead
                  Responsibility      N.J. Department of Environmental Protection and Energy
                                      (DEPE), Division of Science and Research

                  Cooperating
                  Parties             1 @ DEPE, Division of Fish, Game and Wildlife for research
                                      2 DEPE, Division of Parks and Forestry and Division of
                                            Fish, Game and Wildlife for pilot posting project
                                      3) Boat Regulation Commission and Department of Law
                                            and Public Safety for new boating regulations under
                                            N.J.A.C. 7:6-1.1 pd =. if the research concludes that
                                            those regulations are necessary

                  Resources           None

                  Required
                  Legislation         New boating regulations designed specifically to protect
                                      environmental resources, if needed, may require authority
                                      beyond that of Title 12 of the navigation statutes.
                                      Legislation amending R.S. 12:7-1 rA =. or supplementing
                                      Title 13 may be necessary to grant the authority for boating
                                      regulations based on the environmental considerations.
                                      Further legal interpretation is needed.











                                                     205











               Action Plan
               #8.10            Quantify the discharge of pollutants associated
                                with motorboat usage, such as heavy metals, oil,
                                grease, aromatic hydrocarbons and other
                                pollutants. Monitor the ability of the Bay to
                                assimilate these materials and the effect these
                                pollutants have on the Bay's ecosystem.

               Rationale        The operation of power vessels releases contaminants into
                                the water from bilge pumpage and the motor itself. These
                                contaminants include lead, heavy metals, oil and grease,
                                carbon monoxide, aromatic hydrocarbons and the like. The
                                discharge from an individual boat is known to be small in
                                relation to the overall Bay. However, there is concern that
                                the cumulative impacts of these discharges could have
                                lethal or sub-lethal adverse effects on estuarine biota.
                                Additional research is needed to quantify these discharges
                                and assess their impact on the estuary prior to initiating any
                                policy. concerning restricting access to the Barnegat Bay or
                                requiring changes to propulsion systems.

               Lead
               Responsibility   N.J. Department of Environmental Protection and Energy
                                (DEPE), Division of Science and Research

               Cooperating
               Parties          N.J. Commercial Fishermen's Association

               Resources        The DEPE will have to allocate money from its general
                                appropriation to accomplish this study.

               Required
               Legislation      None



















                                             206










               Action Plan
               #8.11            Develop quantitative and qualitative criteria for
                                evaluating the ecological value of benthic
                                communities, (Delaware uses a method developed
                                by Luckenbach, Diaz and Schaffner, 1989)
                                Including standard sampling methods and
                                procedures.
               Rationale        These criteria would be used to assess the ecological value
                                of the benthic community prior to approving new dredging.
                                Required information could then be used to develop a data
                                base for benthic resources.

               Lead
               Responsibility   N.J. Department of Environmental Protection and Energy
                                (DEPE), Division of Science and Research to develop
                                benthic criteria

               Cooperating
               Parties          DEPE 'to implement benthic criteria through changes to the
                                Rules on Coastal Zone Management (N.J.A.C. 7:7E 1.1 at
                                M.)

               Resources        None

               Required
               Legislation      None
























                                             207









               Action Plan
               #8.12            Determine where and when the Bay's capacity to
                                support boating is exceeded. Document areas
                                where vessel traffic is causing hazardous
                                navigation conditions and assess the
                                effectiveness of vessel operation restrictions in
                                reducing that hazard. (See also Action Plan
                                # 4.15)
               Rationale        Concern has been expressed over the numbers of vessels
                                currently navigating on Barnegat Bay. The existing traffic
                                needs to be evaluated in terms of the Bay's capacity to
                                accommodate boating. Where the capacity has been
                                exceeded no new facilities should be permitted. In the
                                alternate, additional operation restrictions could be
                                implemented to reduce potential hazards arising from
                                congestion. This latter suggestion is preferable to
                                restricting access to the Bay unless the volume of vessels
                                on the Bay is documented to be causing significant
                                environmental damage.

               Lead
               Responsibility   N. J. Department of Environmental Protection and Energy
                                (DEPE), Division of Science and Research to assess the
                                recreational boating capacity of Barnegat Bay

               Cooperating
               Parties          1) N.J. State Police, Bureau of Marine Law Enforcement to
                                     monitor traffic conditions on the Bay;
                                2) DEPE, Office of Regulatory Policy to develop new facility
                                     siting regulations, if necessary
                                3) DEPE, Land Use Regulation Element to implement new
                                     facility restrictions if developed.

               Resources        Funding is needed to conduct the study of the recreational
                                boating capacity of Barnegat Bay.

               Required
               Legislation      None. Authority to regulate waterfront improvements for the
                                promotion of commerce and protection of navigation is
                                afforded by R.S. 12:5-1 pd=.













                                             208









               Action Plan
               #8.13            Measure the effectiveness, costs and benefits of
                                filter screens placed under catch basin grates.

               Rationale        Filter screens have been installed on a limited scale within
                                the Barnegat Bay study area and could be effective tools in
                                reducing floatables and other pollutants entering storm
                                sewer systems. Preliminary results seem favorable for
                                floatables control. Although not the primary targets, other
                                pollutants such as oil and sediment are also captured.
                                Despite these perceived benefits, most municipalities
                                hesitate to use these screens because of clogging and
                                maintenance concerns. Before these screens are
                                embraced or rejected, their performance, costs and benefits
                                should be documented.

               Lead
               Responsibility   N. J. Department of Environmental Protection and Energy
               Cooperating
               Parties          1 @ Municipal Public Works Departments
                                2 Municipal Health Departments
                                3 Rutgers University
               Resources        Funding,for monitoring needed

               Required
               Legislation      None
























                                             209









               Action Plan
               #8.14            Conduct basic research on levels of toxic
                                contaminants in the sediments, aquatic biota, and
                                birds of the Bay.
               Rationale        Such research will lay the groundwork for a potential
                                monitoring program. It will also illuminate questions about
                                pollutant fate and transport.

               Lead
               Responsibility   N. J. Department of Environmental Protection and Energy
                                (DEPE), Division of Science and Research
               Cooperating
               Parties          1@ DEPE, Division of Fish, Game and Wildlife
                                2 Ocean County Department of Health
                                3 Universities

               Resources        Funding will be required for this research.

               Required
               Legislation      None




























                                             210










               Action Plan
               #8.15            Examine the relative impact of phytoplankton
                                blooms and sediment re-suspension on turbidity
                                changes.

               Rationale        High turbidity levels can cause die-back of submerged
                                aquatic vegetation. It is important to know the cause(s) of
                                high turbidity in order to design meaningful control
                                strategies.

               Lead
               Responsibility   N. J. Department of Environmental Protection and Energy
                                (DEPE), Division of Science and Research

               Cooperating
               Parties          1@ DEPE, Bureau of Monitoring Management
                                2 N.J. Marine Sciences Consortium
                                3 Universities

               Resources        Funding will be required to undertake this research.

               Required
               Legislation      None




























                                              211









               Action Plan
               #8.16            Determine the extent and seriousness of physical
                                abnormalities in indicator species (e.g., fin rot in
                                flounder, shell disease in blue cr@bs).

               Rationale        This research will establish a foundation for future
                                monitoring of important ecosystem indicators.

               Lead
               Responsibility   N. J. Department of Environmental Protection and Energy
                                (DEPE), Division of Science and Research

               Cooperating
               Parties          1 @ DEPE, Division of Fish, Game and Wlldlife
                                2 N.J. Marine Science Consortium
                                3. Universities
                                4) Commercial and sport fishing organizations
               Resources        Resources will be required to undertake this research

               Required
               Legislation      None





























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               Action Plan
               #8.17            Investigate the difference between the Northern
                                Barnegat Bay (above Route 37) and the lower
                                sections of the Bay.

               Rationale        Because of the restrictive influence of the Route 37 bridge
                                pylons, the Northern Bay does not receive full tidal
                                influences from Barnegat Inlet. Without full flushing and
                                tidal exchange, the Northern Bay may act more like an
                                inland "lake" with accompanying water quality problems. A
                                research project should be designed to analyze the
                                hydrography, salinity and water quality of this area, contrast
                                it with the lower sections of the Bay, and make discrete
                                recommendations in order to improve flow and water
                                quality.

               Lead
               Responsibility   N:J: Department of Environmental Protection and Energy,
                                Division of Science and Research

               Cooperating
               Parties          Universities

               Resources        Resources will be required to undertake this research.

               Required
               Legislation      None

























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              Action Plan
               8.1.8           Examine the impacts of the recent dredging and
                               reconfiguration of Barnegat Inlet on the
                               hydrography, water quality and biotic diversity of
                               the Bay.
              Rationale        The new higher south jetty and planned channel dredging
                               will significantly change the tidal prism, salinity and other
                               hydr@graphic parameters of the Inlet. These changes will,
                               in turn, affect the entire Bay. Research should be designed
                               to examine the changes that will take place after
                               construction and dredging.

              Lead
              Responsibility   NA Department of Environmental Protection and Energy,
                               Division of Science and Research

              Cooperating
              Parties          1 Army Corps of Engineers - Philadelphia District
                               2@ Graduate schools

              Resources        Resources will be needed to undertake this research

              Required
              Legislation      None



























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                   Action Plan
                   #8.19               Identify areas where potential wetlands mitigation
                                       projects could be implemented.

                   Rationale           Wetlands mitigation is a requirement for unavoidable
                                       wetlands loss under State permit programs. Further sites
                                       for potential mitigation need to be identified and the New
                                       Jersey Department of Environmental Protection's
                                       Geographic Information System file needs to be updated.
                                       There are some areas which have distinct potential for
                                       being returned to wetlands, notably some old lagoons that
                                       have not been built on yet and other undeveloped filled
                                       areas where tidal exchanges could be restored. In addition,
                                       some wetland forest areas could be purchased and added
                                       to the State's Natural Lands Trust, thereby satisfying a
                                       mitigation requirement.

                   Lead
                   Responsibility      N.J. Department of Environmental Protection and Energy,
                                       Division of Science and Research

                   Cooperating
                   Parties             1 @ U.S. Environmental Protection Agency
                                       2 N.J. Wetlands Mitigation Council
                                       3) N.J. Natural Lands Trust
                   Resources           A grant should be requested from the U.S. Environmental
                                       Protection Agency

                   Required
                   Legislation         Changes are required to the N.J. Freshwater Wetlands
                                       Protection Act and/or the implementing rules.





















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               Action Plan
               #8.20            Complete a-recreation facility needs study by:
                                      a) Conducting a professional survey of user
                                      demand
                                      b) Completing a comprehensive inventory of
                                      existing access facilities
                                      c) Deriving the deficits or surpluses
                                      d) Identifying the priority facility needs by
                                      type of facility and general location
                                      (see also Action Plan #6.1B)

               Rationale        A comprehensive access plan for Barnegat Bay would give
                                the guardians of this resource - the coastal communities,
                                County, and State - the framework for a region-wide effort to
                                recognize, protect and improve access, and would give the
                                public a long-range plan for developing and enjoying
                                access opportunities. A recreation facility needs study
                                would contribute to the development of this overall regional
                                access plan.

               Lead
               Responsibility   Ocean County Planning Board should assume the lead in
                                      preparing the Public Access Plan for Barnegat Bay,
                                      iricludihg the recreation facility needs study

               Cooperating
               Parties          Assistance in preparing and implementing the Plan may be
                                required from the following agencies:
                                1) N.J. Sea Grant Extension, Service
                                2) Ocean County Parks & Recreation Department
                                3) NJ Department of Environmental Protection and Energy
                                      a) Coastal Management Program
                                      b) Green Acres Program
                                      c) Division of Parks and Forestry
                                      d) Division of Fish, Game and Wildlife

                                Technical assistance may be required from the following
                                agencies:
                                1) N.J. Department of Commerce, Tourism Office
                                2) N.J. Department of the Public Advocate

               Resources        1) Coastal Management Grant funds
                                2) Green Acres funds
                                3) Non-profit Grant organizations

               Required
               Legislation      Legislation is required to create a stable source of funding
                                and/or for new bond issues to fund the N.J. Green Acres
                                Program. (see also Action Plan #6.5)


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               Action Plan
               #8.21            Conduct a comprehensive County Natural
                                Diversity Inventory focusing on the Identification of
                                endangered and threatened species, rare flora,
                                rare or exemplary vegetational communities, and
                                critical wildlife habitats. Identify the best
                                remaining habitats as priority sites for
                                preservation of the natural diversity within the
                                Barnegat Bay ecosystem.

               Rationale        Current information on the natural resources of the
                                Barnegat Bay ecosystem is incomplete and dated. A
                                comprehensive and thorough inventory of the natural
                                resources of the ecosystem is necessary in order to guide
                                future development in an environmentally sound manner.

               Lead
               Responsibility   The following divisions of N.J. Department of Environmental
                                Protection and Energy (DEPE) should undertake this
                                inventory:
                                1) Division of Parks and Forestry, Office of Natural Lands
                                      Management, Natural Heritage Program
                                2) Division of Fish, Game and Wildlife, Endangered and
                                      Non-game Species Program

               Cooperating
               Parties          1) U.S. Fish and Wildlife Service
                                2) DEPE, Office of Environmental Services
                                3) County and municipal agencies-
                                4) The Association of New Jersey Environmental
                                      Commissions
                                5) Private conservation groups

               Resources        Existing funds are inadequate to undertake this inventory.
                                Additional funds may be sought through coastal zone
                                planning grants, DEPE Office of Environmental Service
                                Local Assistance Grants, and private funding. Additional
                                legislative appropriations could also be sought.

               Required
               Legislation      'None










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                                                      GLOSSARY



                   abutments                   the supporting structure at either end of a bridge

                   ambient                     surrounding; encompassing on all sides.
                                               Specifically, existing environmental conditions,
                                               contaminant levels, rates, or species in the
                                               environment.

                   anadromous                  marine or estuarine species of finfish that spawns in
                                               freshwater.


                   anadromous fish
                   spawning runs               anadromous fish are saltwater species which spawn
                                               in rivers. Anadromous fish spawning runs are
                                               waterways which serve as passages for fish to or
                                               from seasonal spawning areas. The two principal
                                               species of concern within the Bay watershed are the
                                               blueback herring (Alosa aestivalis) and the alewife or
                                               river herring (A. pseudohareng). The herring are
                                               important commercially as a source of human food,
                                               bait, fish meal and -oil. Herring are also an important
                                               component in the food web as a food source for other
                                               marine species.

                   anthropogenic               effects or processes that are derived from human
                                               activity, as opposed to natural effects or processes
                                               that occur in the environment without human
                                               intervention

                   aquaculture                 use of a permanently inundated water area, whether
                                               saline or fresh, for the purpose of growing and
                                               harvesting plants or animals in a way to promote
                                               more rapid growth, reduce predation, and increase
                                               harvest rate

                   aquatic
                   ecosystem                   waters of the United States, including wetlands, that
                                               serve as habitat for interrelated and interacting
                                               communities and populations of plants and animals

                   assimilative
                   capacity                    the ability of a natural system to absorb and
                                               neutralize pollutants before it begins to display a
                                               significant reduction in the biological diversity,
                                               chemical, and/or physical quality



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                   Atlantic flyway               generalized waterfowl migratory pathway covering
                                                 the eastern quarter of North America

                   bacteria                      typically one-celled micro-organisms which have no
                                                 chlorophyll, multiply by simple division, and can only
                                                 be seen with a microscope. Some bacteria cause
                                                 disease (e.g. pneumonia), but others are necessary
                                                 for nitrogen fixation, etc.

                   barrier island                a wavebuilt deposit of sand mainly, raised above
                                                 sea-level by constructive wave action and separated
                                                 from the shore by a lagoon.

                   bay beaches                   beaches are vital to the economic and ecological
                                                 vitality of New Jersey. Sandy bay beaches are
                                                 recreationally important for families with small
                                                 children as a safer alternative to ocean beaches
                                                 because the currents and wave actions are not as
                                                 strong. Bay beaches provide valuable forage areas
                                                 for a variety of wading birds.

                   bay islands                   islands within the bay. Bay islands support valuable
                                                 wildlife habitats or have potential habitats through
                                                 implementation of proper management techniques.
                                                 Sandy areas are used by beach nesting birds while
                                                 vegetated areas support colonial birds.

                   benthic                       occurring or living on or in the bottom of a water body

                   Best Management
                   Practices (BMP)               a method , activity, maintenance procedure, or other
                                                 management practice for reducing the amount of
                                                 pollution entering a water body

                   bilge pumpage                 water which- has collected in the bilge or lower part of
                                                 a ship's hold, has become foul and is pumped from
                                                 the ship

                   biotic                        the plant and animal assemblage of a biological
                                                 community

                   bivalve                       an aquatic invertebrate animal of the class Bivalvia.
                                                 Bivalves, such as clams and oysters, have two shells
                                                 (valves) and most are filter feeders.

                   buffer                        an area between a sensitive site and development
                                                 site which cushions and lessens the conflict between
                                                 the two sites




                                                           220








                  carrying capacity            the ability of the natural and built environment to
                                               absorb or receive development

                  catadromous                  freshwater fish that return to the ocean to spawn

                  Clean Water Act              an act passed by Congress in 1987 that amends the
                                               Federal Water Pollution Control Act. The objective of
                                               the Clean Water Act is to restore and maintain the
                                               integrity of the nation's waters.

                  climatologic/climatology     the science dealing with climates, or weather
                                               conditions

                  coastal wetlands             see "wetlands". Coastal wetland vegetation
                                               contributes to the production of organic matter upon
                                               which the viability of the Bay ecosystem depends.
                                               Shellfish and finfish rely on coastal wetlands for
                                               cover, feeding and breeding. Coastal wetlands also
                                               provide valuable water quality maintenance
                                               functions necessary to the health and stability of the
                                               bay ecosystem. Peregrine falcons (Falco
                                               peregrinus), ospreys (Pandion haliaetus) and
                                               Northern harriers nest in marsh areas within the Bay
                                               watershed. Raptors are the highest components in
                                               the marsh food chain and are indicators of pollution
                                               and contamination. These species are also listed as
                                               endangered or threatened.

                  Coastal Zone
                  Management Act               The Coastal Zone Management Act of 1972 (P.L.
                                               101 -508, November 5, 1990), is designed to give
                                               coastal states the financial means, policy guidance
                                               and technical assistance to help them establish and
                                               maintain Coastal Zone Management programs that
                                               meet Federal objectives.

                  coliform bacteria            a type of bacteria that is coil or helix shaped. Fecal
                                               coliform bacteria are those coliform bacteria that are
                                               found in the intestinal tracts of mammals. The
                                               presence of high numbers,of fecal coliform bacteria
                                               in a water body can indicate the recent release of
                                               untreated wastewater and/or the presence of animal
                                               feces. These organisms may also indicate the
                                               presence of pathogens that are harmful to humans.
                                               High numbers of fecal coliform bacteria therefore
                                               limit beneficial uses such as swimming and shellfish
                                               harvesting.




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                    colonial waterbird
                    nesting sites                  these sites, primarily islands in the Bay, are nesting
                                                   -areas for large aggregations of several bird species.
                                                   Colonial waterbirds are at the top of the food chain
                                                   and provide important indicators of environmental
                                                   health and contamination. These sites are also
                                                   habitat for four endangered and threatened
                                                   waterbird species.

                    conservation
                    easements                      an easement precluding future or additional
                                                   d.evelopment of the land.

                    contaminant                    a substance that is not naturally present in the
                                                   environment or is present in amounts that can, in
                                                   sufficient concentration, adversely affect the
                                                   environment.

                    crab pot                       a trap used to catch crabs

                    cross connections              unintended or illegal connections between storm
                                                   sewers and sanitary sewers

                    cull ring                      a device in a crab -pot which prevents legal sized
                                                   crabs from escaping but allows undersized crabs to,
                                                   exit

                    cumulative impacts             the total effect of a series of actions or activities as
                                                   opposed to that of a single one. For example, the
                                                   impacts of all wetland filling that has occurred in a
                                                   given watershed, as opposed to the impacts of a
                                                   single project

                    decomposer portion
                     (of the food web)             organisms whicfi break down organic matter and
                                                   release chemical elements and compounds for use
                                                   in the environment

                    degradation                    diminution or reduction of value or quality

                    depuration                     the process by which potentially contaminated
                                                   .shellfish are cleansed prior to human consumption.
                                                   After harvest, shellfish are held in controlled
                                                   conditions for a sufficient length of time to purge
                                                   pathogenic organisms.

                    detention basin                a facility for the temporary storage of stormwater
                                                   runoff




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                    detritus                     particulate matter, especially of vegetative origin in
                                                 varying stages of decomposition

                    dredge   spoil               mud, silt and sand which has been removed from the
                                                 bottom of a water body, generally to allow safe
                                                 navigation

                    dune                         a rounded hill or ridge of sand heaped up by the
                                                 action of the wind. Dunes are a dynamic natural
                                                 phenomenon that help protect lives and property in
                                                 adjacent areas from effects of major natural coastal
                                                 hazards such as hurricanes, storms, flooding and
                                                 erosion. Dune systems help promote wide sandy
                                                 beaches and provide important habitats for wildlife
                                                 species.

                    ecosystem                    a system made up of a community of animals, plants,
                                                 and bacteria and its interrelated physical and
                                                 chemical environment

                    endangered and
                    threatened species
                    habitat                      the native environment of species which are facing
                                                 extirpation in the Bay watershed and perhaps,
                                                 extinction worldwide. This endangerment is often
                                                 due to loss of suitable habitat and over exploitation
                                                 through human activities. These species are integral
                                                 components of ecological communities and are
                                                 needed to sustain the health of the ecological
                                                 systems of the Bay watershed area. Their
                                                 disappearance from the Bay would represent a loss
                                                 to the quality of the ecological systems as well as a
                                                 loss to research and education.

                    environmentally
                    sensitive area               an area which tends to suffer impairment of the
                                                 physical, biological, social or aesthetic quality of the
                                                 resource when disturbed. Examples include: aquifer
                                                 recharge areas, dunes, beaches and shorelines,
                                                 flood plains, habitats of endangered and threatened
                                                 species, staging areas for migratory species, stream
                                                 corridors, wetlands, wildlife corridors

                    erosion                      wearing away of rock or soil by the gradual
                                                 detachment of soil or rock fragments by water, wind,
                                                 ice, and other mechanical and chemical forces.

                    estuarine                    of, relating to, formed, or living within an estuary.



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                   estuary                       any confined coastal water body with a connection to
                                                 the sea, diluted by outflowing fresh water and with a
                                                 quantity of marine salt in the waters greater than 0.5
                                                 parts per thousand (ppt). Estuaries provide habitats
                                                 for rare, endangered, recreational and commercial
                                                 wildlife and provide stopover sites for.migratory
                                                 waterfowl. Estuaries provide water quality and flood
                                                 control functions and serve as important aesthetic,
                                                 sport and recreational resources.

                   fauna                         a collective term for the animal species present in an
                                                 ecosystem

                   iloatables                    items which stay on the surface or remain suspended
                                                 near the surface of the water. Generally used to refer
                                                 to pollutants such as plastic jugs and 6-pack can
                                                 holders.

                   flood control                 a means of restraining or holding back the temporary
                                                 overflowing of water onto land which is usually
                                                 devoid of surface water

                   flood plain                   the channel and relatively flat area adjoining the
                                                 channel of a stream or river which has been or may
                                                 be covered by flood water

                   flora                         a collective term for the plant species present in an
                                                 ecosystem

                   forests                       a thick growth of trees and underbrush covering an
                                                 extensive tract of land. Trees guard and renew the
                                                 quality and yield of water entering the bay. Trees
                                                 have the capability to separate chemicals and
                                                 nutrients, filter and trap sediment, mitigate the effect
                                                 of rising temperature by shading streams and
                                                 wetlands, and control the duration, rate and
                                                 continuity of water yield. Forests stabilize soil, retard
                                                 erosion, promote infiltration of surface water, provide
                                                 food,shelter and breeding sites for wildlife and add
                                                 aesthetic value for recreation. Trees release oxygen,
                                                 provide food and fuel without cultivation.

                   freshwater
                   wetlands                      See "wetlands". Freshwater wetlands provide a
                                                 variety of benefits to numerous communities.
                                                 Wetlands provide habitats for rare and endangered
                                                 flora and fauna as well.as recreationally and
                                                 commercially important wildlife; provide natural



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                                                storage for flood control and recharge areas for
                                                groundwater; and provide open space.

                   furbearer habitat            The natural environment of mammals having thick
                                                hair covering their bodies. Bay islands, streams and
                                                rivers throughout the Bay watershed have supported
                                                populations of river otter, muskrat, mink and beaver.
                                                Beavers play an important role in the watershed by
                                                their alteration of habitat which enhances the use of
                                                the area by other species. Furbearers, such as otter
                                                and mink, are important indicators of environmental
                                                health and quality because of their high position on
                                                the food chain.

                   fyke                         a long bag net used as a fish trap

                   habitat                      the area or type of environment in which an organism
                                                or biological population normally lives or occurs

                   hard clam
                   (Mercenaria mercenaria)
                   depurating relay beds        clams feed by pumping large quantities of water
                                                across their gills. As they remove nutrients
                                                suspended in the water, they also remove impurities
                                                and pollutants that may be present. Clams
                                                concentrate these pollutants in their tissues, and
                                                although many of the pollutants do not harm clams,
                                                they can be harmful to humans who consume them.
                                                Relay stations are special areas in cleaner waters
                                                where clams are brought to rid themselves of
                                                bacterial contaminants before they are harvested
                                                and sent to market. Relay beds have facilitated the
                                                utilization of a hard clam resource that might have
                                                been underutilized or not utilized at all. The
                                                continued success of the relay program is dependent
                                                upon acceptable water quality. Additional pollution
                                                in the bay has resulted in a water quality
                                                downgrading and abandonment of the Swan Point
                                                relay beds in February of 1992.

                   headwater                    the upper part of a river, near its source, or one of the
                                                streams that contribute their waters to form a larger
                                                stream

                   hog ring                     a metal ring set in a clam pot and used to retrieve it

                   hydrologic/hydrology         the science dealing with the waters of the earth, their
                                                distribution on the surface and underground, and the



                                                          225








                                                 cycle involving evaporation, precipitation, flow to the
                                                 seas, etc.

                    impervious                   a surface that cannot be easily penetrated. For
                                                 instance, rain does not readily penetrate asphalt or
                                                 concrete pavement.

                    indigenous                   having originated in and being produced, growing, or
                                                 living naturally in a particular region or environment;
                                                 native species.

                    infiltration trenches        a structure to collect and provide temporary storage
                                                 of surface runoff from a storm and to allow
                                                 subsequent gradual infiltration to surrounding soil.
                                                 Infiltration provides ground water recharge and
                                                 reduces the volume of runoff

                    infrastructure               a -facility or facilities, frequently linear, which
                                                 transport(s) people, materials, energy or information,
                                                 and upon which development is dependent.

                    intbrconnections             the non-physical connection of a sanitary sewer
                                                 system with a stormwater system. Interconnections
                                                 may. include, but are not limited to, lakes, flows and
                                                 overflows from the sanitary system into the
                                                 stormwater system or vice versa.

                    intermittent
                    stream corridors             an intermittent stream flows periodically, rather than
                                                 continuously. Because these streams are sometimes
                                                 dry, they do not tend to have related wetlands and do
                                                 not benefit fully from wetlands protection. Intermittent
                                                 stream corridors provide open space and habitats for
                                                 wildlife and are travel corridors between large habitat
                                                 complexes.

                    intertidal and
                    subtidal shallows            shallows are defined as all permanently or twice
                                                 daily submerged areas from the high water line to a
                                                 depth of four (4) feet below the low water line.
                                                 Shallows play a critical role in estuarine ecosystems.
                                                 Shallows are ecological edges where material and
                                                 energy exchanges between land and water occur.
                                                 They are critical habitat for many benthic (bottom
                                                 dwelling) organisms and are critical forage areas for
                                                 fishes and migratory waterfowl. Sediments
                                                 deposited in shallows contain much organic detritus
                                                 from decaying vegetation. Foods webs in these



                                                           226








                                           areas are an important factor in the maintenance of
                                           estuarine productivity.

                 landings                  the amount of finfish or shellfish harvested and
                                           brought ashore

                 land use                  the way land is developed and used in terms of the
                                           types of activities allowed (agriculture, residences,
                                           industries, etc.) and the size of buildings and
                                           structures permitted. Certain types of pollution
                                           problems are often associated with particular land
                                           use practices, such as sedimentation from
                                           construction activities.

                 marina                    a waterfront facility predominantly used for the
                                           dockage (wet or dry stack) or moorage for
                                           recreational boats, for which a dockage or moorage
                                           fee is charged

                 MARPOL'                   an international treaty for reduction of marine
                                           pollution

                 master plans              a comprehensive long-range plan intended to guide
                                           the growth and development of a community or
                                           region and one that includes analysis,
                                           recommendations and proposals for the community's
                                           population, economy, housing, transportation,
                                           community facilities and land use

                 mean high water
                 (MHW)                     a tidal datum; the arithmetic average of the heights
                                           observed over a specific 18.6 year Metonic cycle, at
                                           the end of which the phases of the moon recur in the
                                           same order and on the same days as in the
                                           preceding cycle.

                 mean low water
                 (MLW)                     a tidal datum; the arithmetic average of the low
                                           heights observed over a specific 18.6 year Metonic
                                           cycle

                 Memorandum of
                 Understanding             a signed agreement between multiple parties

                 migratory                 to move from one region to another with the change
                                           in seasons as with many birds and some fishes





                                                   227









                  multi-chamber
                  catch basin                  an inlet designed to intercept and redirect surface
                                               water and remove pollutants

                  nitrogen loadings            the amount of nitrogen that enters an aquatic system
                                               in various chemical forms and from various sources,
                                               such as runoff, rivers and storm drains

                  nonpoint source
                  pollution                    pollution that enters water from dispersed and
                                               uncontrolled sources (such as surface runoff) rather
                                               than through pipes. Nonpoint sources (e.g., forest
                                               practices, agriculture practices, on-site sewage
                                               disposal, and recreational boats) may contribute
                                               pathogens, suspended solids, and toxicants. While
                                               individual sources may seem insignificant, the
                                               cumulative effects of nonpoint source pollution can
                                               be significant.

                  nutrient cycle               the process by which nutrients, such as nitrogen,
                                               pass between various components of an ecosystem,
                                               such as the sediments, water, phytoplankton,
                                               zooplankton and fish

                  pathogen                     an agent such as a virus, bacterium, or fungus that
                                               can cause disease in humans. Pathogens can be
                                               present in municipal, industrial, and nonpoint source
                                               discharges to the Bay.

                  petrochemicals               a chemical derived ultimately from petroleum or
                                               natural gas

                  phytoplankton                the single-cell plant component of plankton.

                  piscivore                    an animal that eats fish

                  plankton                     the usually microscopic animal and plant life found
                                               floating or drifting in the ocean or in fresh water and
                                               used as food by nearly all aquatic animals

                  pollutant                    a contaminant that adversely alters the physical,
                                               chemical, or biological properties of the environment.
                                               The term includes pathogens, toxic metals,
                                               carcinogens, oxygen-demanding materials, and all
                                               other harmful substances. With reference to
                                               nonpoint sources, the term is sometimes used to
                                               apply to contaminants released in low concentrations
                                               from many activities which collectively degrade water
                                               quality. As defined in the federal Clean Water Act,


                                                        228








                                              pollutant means dredged spoil, solid waste,
                                              incinerator residue, sewage, garbage, sewage
                                              sludge, munitions, chemical wastes, biological
                                              materials, radioactive materials, heat, wrecked or
                                              discarded equipment, rock, sand, cellar dirt, and
                                              industrial, municipal, and agricultural waste
                                              discharged into water.

                   pollutant loading          the amount of pollution that enters an aquatic system
                                              in various chemical forms and from various sources,
                                              such as runoff, rivers and storm drains

                   ponds and lakes            inland bodies of fresh water, often artificially created.
                                              These water bodies provide sources of potable
                                              water. Ponds and lakes are natural containment
                                              facilities for flood control. These waterbodies provide
                                              habitat for rare, endangered and recreational wildlife
                                              and migratory waterfowl. They also provide
                                              recreation opportunities to bathers.

                   rare and exemplary
                   communities                these are large viable ecosystems with native
                                              characteristic flora and fauna in which natural
                                              ecological processes occur with a minimum of
                                              adverse impacts from humans or exotic species.
                                              Although a comprehensive study has not been
                                              undertaken of the Bay watershed, the dune
                                              woodland forest at Island Beach and the dwarf pine
                                              plains have been identified as rare natural
                                              communities.

                   referendum                 the submission of a proposed law to a direct vote of
                                              the people
                   remediation                the process.of correcting or o, vercoming problems

                   retention basins           a pond, pool or basin used for the permanent storage
                                              of water runoff

                   retrofit                   a change in design, construction or equipment
                                              already in operation in order to incorporate later
                                              improvements

                   revetments                 a retaining wall; any device for retaining or protecting
                                              a bank or slope

                   rhizomes                   a rootlike stem under or along the ground ordinarily
                                              in a horizontal position, which sends out roots from



                                                       229








                                                  its lower surface and leafy shoots from its upper
                                                  su rface

                    riparian                      of, adjacent to, or living on, the bank of a river or,
                                                  sometimes, of a lake, pond, etc.

                    secondary impacts             secondary impacts are the effects of additional
                                                  development likely to be constructed as a result of
                                                  the approval of a particular proposal. Secondary
                                                  impacts can also include traffic increases, increased
                                                  recreational demand and any other oftsite impacts
                                                  generated by onsite activities which affect the site
                                                  and surrounding region.

                    Section 309                   refers to Section 309 of the Federal Coastal Zone
                                                  Management Act which focuses on eight areas
                                                  potentially needing program improvements and
                                                  enhancements within the coastal states. The
                                                  enhancement area which is applicable to Barnegat
                                                  Bay and under which the State of New Jersey should
                                                  seek appropriate funding is Cumulative & Secondary
                                                  Impacts.

                    sedimentation                 the process of gravitational deposition of organic
                                                  and/or inorganic suspended particles by water

                    sensitive areas               see "environmentally sensitive areas"

                    septic systems                an underground individual sewage system with a
                                                  septic tank used for the decomposition and treatment
                                                  of domestic wastewater

                    setbacks                      the distance between a lot line and the edge of a
                                                  building or improvement

                    Sewage    Infrastructure
                    Improvement Act (SIIA)        an Act passed by the N.J. State Legislature designed
                                                  to address both point and nonpoint sources of
                                                  pollution associated with stormwater sewer systems

                    shellfish                     an aquatic animal, such as a mollusk (clams and
                                                  snails) or crustacean (crabs and shrimp), having a
                                                  shell or shell-like exoskeleton

                    shellfish habitats            shellfish habitats are defined as estuary or river
                                                  bottoms that have a history of production for hard
                                                  clams, soft clams, oysters, bay scallops or mussels.
                                                  These shellfish are important to recreational and
                                                  commercial fisherman. Young clams are also


                                                            230








                                                  important forage food for a variety of finfish and
                                                  migratory waterfowl.

                    si It                         fine particulate matter suspended in water and later
                                                  deposited on water body bottom

                    spawning                      the reproductive act of lower organisms where
                                                  fertilization of eggs is usually external

                    stormwater runoff             waters which result primarily from surface runoff and
                                                  includes street wash water and drainage

                    stormsewer system             the designed infrastructure within a municipality
                                                  which collect, convey, channel, hold, inhibit or divert
                                                  the movement of stormwater

                    subdivision                   the division of a lot, tract or parcel of land into two or
                                                  more lots, tracts, parcels or other divisions of land for
                                                  sale, development or lease

                    Submerged Aquatic
                    Vegetation (SAV)
                    habitats                      SAV habitats consist of estuarine water areas
                                                  supporting rooted vascular seagrasses such as
                                                  eelgrass (Zostera madna) and widgeon grass
                                                  (Ruppia'mafina). SAV habitats provides many
                                                  environmental benefits including serving as nursery
                                                  and feeding habitats for numerous species of fish,
                                                  crabs and shellfish, providing food for waterfowl,
                                                  reducing wave energy and erosion, and contributing
                                                  detritus to the estuarine food web.

                    swale                         a low lying or depressed land area, commonly wet or
                                                  moist, which can function as an intermiftent drainage
                                                  way

                    topography                    features of a region, including hills, valleys, rivers,
                                                  lake, etc.

                    toxic                         poisonous, carcinogenic, or otherwise directly
                                                  harmful to life

                    tributary                     a stream that flows into a larger stream or body of
                                                  water

                    turbidity                     reduced water clarity resulting from presence of
                                                  suspended matter




                                                            231








                   Type III marine
                   sanitation devices         toilet facilities on a boat which empty into a holding
                                              tank

                   wake                       the track left by a ship or other body in the water
                                              usually in the form of waves moving from and at an
                                              angle to the ship or other body

                   waterfowl
                   habitats                   the natural environment of water birds. The Barnegat
                                              Bay, as a result of its location along the Atlantic
                                              flyway, provides critical habitat for migratory and
                                              overwintering populations of many species of
                                              waterfowl.

                   water quality
                   design storm               a one-year frequency, 24-hour storm using the
                                              rainfall distribution recommended for New Jersey by
                                              the U.S. Soil Conservation Service or a storm of 1.25
                                              inches of rainfall in two hours

                   water quality standard     policies, classifications and criteria to protect the
                                              designated uses of the State's waterbodies

                   watershed                  the geographic region within which water drains into
                                              a particular river, stream, or body of water. A
                                              watershed includes hills, lowlands, and the body of
                                              water into which the land drains. Watershed
                                              boundaries are defined by the ridges of separating
                                              watersheds.

                   wetlands                   habitats where the influence of surface or
                                              groundwater has resulted in development of plant or
                                              animal communities adapted to aquatic or
                                              intermittently wet conditions. Wetlands include tidal
                                              flats, shallow subtidal areas, swamps, marshes, wet
                                              meadows, bogs, and similar areas.

                   wetlands buffers           buffer areas are located between wetlands and
                                              development to lessen negative impacts any
                                              development may have upon wetland areas. Buffers
                                              accommodate variations in wetland boundaries due
                                              to fluctuation in hydrology or climatology. Buffers act
                                              as mediation and filtration areas to remove and store
                                              nutrients, sediments and pollutants as they move
                                              from uplands to wetlands. The buffer reduces the
                                              adverse impact of human activities on wetlands and
                                              the flora and fauna which depend on these areas for
                                              habitat.



                                                        232








                wildlife corridors      the stretch of cover which spans the gaps between
                                        larger wildlife habitats. Corridors include hedgerows
                                        and fencerows, wooded stream banks, strips of
                                        forest, swamp and riverine trees, etc. Corridors are
                                        seen as necesgary escapes for animals in danger of
                                        flood or fire, as biotic pipelines and as habitat.

                zooplankton             the animal component of plankton








































                                                233









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                                                   240







                                                                                   Index by Subject


                               Subiect                         Action Plan                                  Subiect                          Action Plan

                 30-year erosion rate               3.5, 3.6, 4.18                               Intermittent streams              2.24,3.1
                 Acquisition                        2.20, 2.28, 6.21 6.3, 6.5                    Jet skis                          3.4. 4.4, 4.8, 4.10, 7.10, 8.5,
                 Assimilative capacity              8.6,8.10                                     Launching sites                   3.7, 4.15, 4.18, 4.24,
                 Anadramous fish                    3.9,4.13                                                                       6.2,8.8
                 Bamegat Bay                                                                     Lifeguards                        7.9
                 - education display booth          7.3                                          Live-aboard vessels               4.24
                 - education week                   7.3,7.5                                      Mantoloking Bridge                4.26.6.4
                 - festival                         7.3,7.5                                      Mapping                           4.17, 5.4, 7.10
                 -keeper                            2.6,7.1                                      Marinas                           3.7, 4.4, 4.15, 4.16, 4.17,
                 - monitoring program               8.1                                                                            4.23,4.24, 4.25, 4.29
                 - Watershed Association            2.6, 2.9, 2.10, 7.1, 7.10,                                                     4.31, 5.6, 5.9
                                                    7.13.8.20,                                                                     7.6,7.11
                 Pay islands                                                                     Marine facilities                 3.7. 4.4, 4.14, 4.15, 4.16,
                 Bay watch signs                    7.4                                                                            4.17,
                 Bay use patterns                   8.5                                          MARPOL                            4.28,
                 Benthic communities                8.11                                         Municipal government              2.1, 2.3, 2.4, 2.5, 2.9, 2.10,
                 Best management                                                                                                   2.11, 2.12. 2.13, 2.14, 2.15,
                   practices                        2.12, 2.13, 2.14,2.15,2.16,                                                    2.16, 2.19, 2.20, 2.21, 2.22
                                                    2.17, 2.21. 2.31, 8.3. 8.13                                                    2.23, 2.24, 2.2ri. 2.27,
                 Boat slips                         4.14,                                                                          2.29,2.30.2.31, 2.32
                 Buffers                            2.26, 2.28, 3.4. 3.5, 4.15                                                     3.2. 3.5, 3.6, 3.8.
                 Citizen monitoring                 2.6.8.1                                                                        3.10. 4.10, 4.15, 4.16, 6.2,
                 Clams                              4.20,4.21                                                                      6.3, 6.7. 6.9, 7.1, 7.3, 1.4,
                 Clean Water Act                    2.1, 2.9, 2.16, 4.29. 8.3                                                      7.8, 8.3, 8.13, 8.21
                 Cluster development                ..2.1, 2.24,                                 Municipal Land Use Law            2.1, 2.3. 2.5. 6.6, 6.7
                 Coastal Access                                                                  National Estuary Program          2.8
                   Coordination Group               6.1                                          NOAA                              2.7,4.26
                 Coastal Area Facility                                                           Navigation channels               4.6, 4.13,4.14, 4.21,
                   Review Act (CAFRA)               2.2. 2.3. 2.34. 3.6. 3.12,                                                     4.22.4.25
                                                    4.15.4.19                                    New Jersey
                 Coastal Zone                                                                    Department of
                   Management Act                   2.1, 2.7, 2.9. 2.19,                          Transportation (DOT)             2.12,2.13, 2.16,4.26, 6.4,
                 County diversity                                                                                                  7.4
                   inventory                        8.21                                         Freshwater Wetlands
                 County Enabling Legislation 2.2.2.18                                            Protection Act                    2.33. 8.19, 8.21
                 Crabs                              3.9, 4.12, 4.13, 4.14, S. 1,                 Legislature                       2.2. 2.12, 2.13, 2.17, 2.18,
                                                    5.2, 5.3. 5.5. 5.6, 62,                                                        2.33, 2.34, 3.2, 3.5, 3.6,
                                                    6.4. 8.9, 8.16                                                                 3.14, 4.3, 4.9, 4.11, 4.15,
                 Critical habitat                   3.5,4.2, 7.10,8.21                                                             4.18,4.25, 4.28, 4.29, 6.1.
                 Dredge spoils                      3.8.4.21,4.22                                                                  6.2. 6.3. 6.5, 6.6, 8.1, 8.5,
                 Dredging                           3.7,4.13.4.15.4.20. 4.21,                    Marine Science
                                                    5.4 5.5, 5.7, 6.8, 8.11,                       Consortium                      3.3. 7.2. 7.7, 8.7, 8.15,
                                                    8.1;'                                                                          8.16.8.2
                 Eel                                5.10,5.11                                    -Office of State Planning         2.1, 2.22, 2.24. 6.6, 6.7
                 Endangered species                 3.1. 3.10, 3.11, 3.12, 3.14                  - Sea Grant                       2.6, 3.3, 4.5. 4.28, 4.31,
                                                    4.2. 4.23, 7.10, 8.21                                                          5.1, 5.2, 5.3, 5.4, 5.5, 5.6,
                 Enforcement                        2.34, 3.4, 3.12, 3.14, 4. 1.                                                   5.7, 5.8, 5.10, 5.11, 6.1,
                                                    4.2. 4.4. 4.8, 4.9. 4.10,                                                      7.1. 7.4, 7.6. 7.7, 7.10.
                                                    4.11.4.24.4.25,4.30                                                            7.11,8.1
                 Environmental                                                                   State Police, Bureau of
                 commissions (municipal)            2.4, 2.5, 2.15, 2.32. 2.33,                   Marine Law                       3.4. 3.12, 4.1, 4.2, 4.3,
                                                    7.8                                           Enforcement                      4.4. 4.5. 4.6. 4.7. 4.8. 4.9,
                 Flounder                           5.7, 5.8, 5.9, 8.16                                                            4.10,4.28, 5.9, 7.11, 8.4
                 Fuel spill                         4.29,4.30                                                                      8.5,8.12
                 Herring                            3.8                                          Pinelands; Commission             2.15, 2.19, 3.10, 3.14, 7.8






                                                                                    241







                                                                             Index by Subject






                            Sub*ect                       Action Plan                                Subiect                        Action Plan

                N.J. Stormwater                                                           Rules on Coastal Zone
                    Management Act               2.11                                        Management                   2.3, 3.6, 3.7, 3.9, 3.10,
                No discoarge zone                4.27                                                                     4.13, 4.14, 4.15, 4.16,
                Nonpoint source                                                                                           4.18, 4.20, 4.22, 4.23,
                  pollution                      2.1, 2.11, 2.12, 2.13, 2.14,                                             6.1, 6.6, 8.11
                                                 2.15, 2.16, 2.17, 2.18, 2.19,            Rutgers Cooperative
                                                 2.20, 2.21, 2.24, 2.26, 2.32                Extension                    2.15, 2.23, 3.13, 7.6
                                                 3.2, 3.5,4.31, 7.3. 7.8.                 Rutgers University              2.30, 2.31, 8.13
                                                 8.3                                      School fund                     3.7
                Ocean County                                                              Schools                         3.3. 7.1, 7.2, 7.7, 7.8,
                  Environmental Agency           2.6, 2.26, 2.28, 2.29, 2.33,                                             7.12
                                                 3.14, 7.2. 7.4. 7.5.                     Septic systems                  2.22,2.33
                                                 7.6, 7.12, 7.13, 8.6                     Sewerage Infrastructure
                Ocean County                                                                 Impmvernent Act              2.19, 2.20, 3.2
                  Government                     2.1, 2.2. 2.8. 2.9, 2.10,                Shellfish                       3.7, 3.12,4.13,4.15,
                                                 2.11, 2.14, 2.18, 2.19.                                                  4.16. 4.27, 8.9,
                                                 2.20.2.21, 2.22,2.23.                    Shore protection                4.18, 4.19, 6.3, 6.8,
                                                 2.24, 2.28, 2.29, 2.30, 2.3 1,                                           7.11
                                                 3.1. 3.2, 3.3. 3.13, 4.8,                Submerged aquatic
                                                 4.29, 6.1. 6.2. 6.3, 6.4.                   vegetation                   3.7, 4.6,4.13, 4.14.4.15,
                                                 6.6, 6.7, 6.9, 7.1, 7.4, 7.7,                                            5.4, 7.10, 8.9. 8.15
                                                 7.8, 8.3. 8.14, 8.21                     Surface water quality
                Ocean County Soil                                                            standards                    4.16
                  Conservation District          2.4. 2.5. 2.11, 2.12, 2.13,              Tidelands Resource
                                                 2.14, 2.15, 2.16. 2.17,2.18,                Council                      3.4.4.21, 6.9
                                                 2.19, 2.23.3.2.3.5.3.8,                  Tree protection                 2.32
                                                 7.1, 7.2. 7.3. 7.5, 7.7. 7.8.            United States
                                                 7.12, 7.13, 8.3,                         - Coast Guard                   3.12, 4.3, 4.30, 4.32, 7.9
                Open space                       2.28,2.31.2.33.3.5                                                       7.11
                                                 Chapter VI                               - Environmental
                Oversight of plan                2.1                                         Protection Agency            2.8. 2.12, 2.21. 4.26, 4.27
                Peak boating season              4.8                                                                      8.19
                Pollutant loading                2.24                                     - Fish and Wildlife Service     2.29,3.3, 3.9, 8.21
                Public Access                                                             Userfees                        4.25, 5.2, 5.4, 5.6. 5.7,
                  Information Guide,             7.4                                                                      5.10, 6.5, 6.9, 7.4
                Public education                                                          Vessel
                  brochure                       6.1, 7.4, 7.6, 7.10, 7.11                - capacity of Bay               8.12
                Public Trust Doctrine            6.9                                      - noise                         4.2,4.8.4.10, 7.11
                Pump-out facilities              4.13,4.23,4.24,4.25,                     -speed                          4.8,7.11
                                                 4.26,4.29,7.6                            - waters                        4.1.4.8,4.10, 7.11
                Reexamination of plan            2.9                                      Water dependent uses            2.31, 4.13, 4.31
                Regional Public Access                                                    Wetlands                        2.27.3.5, 3.12.4.1, 4.15
                  Plan                           6.1,8.20                                                                 4.18, 4.22, 8.19
                                                                                          Wildlife corridors              2.32, 2.33, 2.34, 3.1. 3.12,
















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                                                 Index by Lead Responsibility


                  Lead Responsibifty                              Action Plan5



                  Association of New Jersey
                    Environmental Commissioners                   7.8


                  BARNEGATBAY
                    - Barnegat Bay Keeper                         7.1,


                    - Marinas                                     4.31, 5.9, 7.6,


                    - Research & Monitoring                       8.1,8.6,
                       Subcommittee


                      Watershed Association                       7.1, 7.10, 7.12,


                  Citizens                                        2.6, 2.13


                  Environmental Education
                    Network                                       7.2, 7.3, 7.5,


                  Lifeguard Associations                          7.9


                  MUNICIPAL
                    - Governing Body                              2.1, 2.3, 2.4, 2.5, 2.11, 2.16,
                                                                  2.24, 2.26, 2.30, 2.31, 2.32,
                                                                  3.5, 3.7, 4.13, 4.14, 4.15,
                                                                  4.16, 4.18, 4.20, 4.22, 7.3,


                    - Planning Board                              2.1, 2.11, 2.24, 2.27, 2.30,
                                                                  2.31,


                    - Public Works Department                     2.13, 2.15,


                  NEWJERSEY
                    - Boat Regulation Commission                  4.1, 4.7, 8.4,


                    - County Planners Association                 7.8,


                     Dept. of Environmental                       2.7, 2.9, 2.12, 2.14, 2.16,
                       Protection and Energy                      2.19, 2.20, 2.21, 2.23, 2.29,



                                                         243








                                                  Index by Lead Responsibility


                 Lead Resl2onsibility                                Action Plans



                 NEWJERSEY                                           2.34, 3.1, 3.4, 3.5, 3.6, 3.7,
                     Dept. of Environmental                          3.8, 3.9, 3.10, 3.11, 3.12,
                       Protection and Energy                         3.13, 3.14, 4.5, 4.12, 4.13,
                                                                     A.15, 4.16, 4.17, 4.19, 4.20,
                                                                     4.21, 4.22, 4.23, 4.24, 4.25,
                                                                     4.26, 4.30, 4.31, 5.1, 5.2,
                                                                     5.3, 5.4, 5.5. 5.6, 5.7, 5.8,
                                                                     5.10, 5.11, 6.1, 6.6, 6.7, 6.8,
                                                                     6.9i 7.6, 7.7, 7.8, 7.10, 7.11,
                                                                     8.2, 8.3, 8.5, 8.7, 8.8, 8.9,
                                                                     8.10, 8.11, 8.12, 8.13, 8.14,
                                                                     8.15, 8.16, 8.17, 8.18, 8.19,
                                                                     8.21,


                     Dept. of Law & Public Safety                    4.1, 4.2,


                     Federation of Planning
                       Officials                                     7.8,



                     Legislature                                     2.2, 2.17, 2.18. 2.25, 2.33,
                                                                     2.34, 3.5. 4.3, 4.9, 4.11,
                                                                     4.25, 4.28, 4.29, 6.5.


                     Marine Sciences Consortium                      7.3


                   - Off ice of the Governor                         2.8, 4.27,


                   - Off ice of State Planning                       6.6, 6.7,


                   - Pinelands Commission                            3.14,


                    Sea Grant Marine Advisory
                      Service                                        4.28. 5.8, 7.7









                                                       244









                                                         Index by Lead Responsibility


                     Lead Responsibility                                     Action Plans



                     NEWJERSEY
                       - State Police, Bureau of
                            Marine Law Enforcement                            4.2, 4.4, 4.6, 4.8, 4.10,4.28,
                                                                              5.9, 8.4


                     OCEAN COUNTY
                       - Board of Chosen Freeholders                          2,28


                       - Chamber of Commerce                                  7.3,


                       - Environmental Agency                                 2.6, 7.4, 7.5, 7.6, 7.12,


                       - Libraries                                            7.8,


                         Parks and Recreation                                 3.3,  3.13, 6.2, 7.4,


                        Planning Board                                        2.10, 2.2-2. 3.2, 3.13, 6.1,
                                                                              6.2, 6.3, 6.4, 6.6, 6.7, 8.20,


                         Public Works                                         2.13, 2.15


                         School Systems                                       7.8,


                          Soil Conservation District                          7.5,  7.7. 7.12,


                         Tourism Advisory Council                             7.4,  7.7,


                          Utility Authority                                   2.22,


                     Rutgers Cooperative Extension                            7.6,


                     United States Coast Guard                                7.9





                                                       US Department of Commerce
                                                 NOAA Coastal Services Center Library
                                                         2234 South Hobson Avenue
                                                         Charleston, 29405-2413



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