TRENTON, N.J. (AP) — Two southern New Jersey lawmakers are angling to help the state's commercial fishing industry.
Citing its importance to the state economy and the southern Jersey region, Assemblymen Nelson Albano and Matt Milam recently introduced legislation that would establish a conflict resolution procedure — similar to the Right to Farm Act for farmers — to settle complaints brought against commercial fishing docks and fish processing facilities.
No hearings have been scheduled yet on the bill, which would direct state agriculture officials to develop and adopt standards for commercial fishing industry practices. A similar measure has been introduced in the Senate.
If the proposal becomes law, it would be presumed that any commercial fishing dock or fish processing facility conforming to those practices would not be considered a public or private nuisance, nor would it invade or interfere with the use and enjoyment of other lands or property.
The lawmakers, both Democrats from Cape May Court House, said the changes would help ensure the fishing industry's rights are protected and allow it to compete in all markets.
"New Jersey fishermen have benefited this state for more than 300 years, and New Jersey boasts several major commercial fishing ports that are crucial to a strong economy," Albano said. "Fishermen make these contributions while meeting tough environmental standards that protect our vital natural resources. Quite simply, the industry provides a unique service to the state, and those providing it deserve protection from frivolous complaints against their lawful and reasonable operations."
The measure would allow those who feel aggrieved by the operation of a commercial fishing dock or fish processing facility to file complaints with the applicable county agriculture development board — or state agriculture development committee in counties where no such boards exists — before filing legal action.
The panel would then have 60 days to issue its findings and recommendations and, if the case is lost, the complainant would have 10 days to appeal the decision. The panel's final decision would be considered binding for administrative purposes, though complainants would retain the right to appeal the matter in state court.
"These ports and facilities make a significant contribution to the state's economy and heritage and need to be safeguarded, and New Jersey must remain a desirable place for fish and seafood processing operations," Milam said.
The lawmakers note that the state provides fishermen access to a variety of species, including black sea bass, flounder and swordfish. The product is then shipped to seafood markets around the world.
"The creation of processing businesses and the development of business ventures tied to that industry are critical to New Jersey's ability to compete more effectively in the rapidly expanding global market for fresh and processed fish and seafood products," Milam said.
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