Over the past several years, there
has been controversy surrounding appropriate
materials for use in an artificial reef
program, and concern that the quest
for artificial reefs not transform our
ocean waters into a dumping ground for
waste material. Where materials proposed
for use in artificial reefs are inappropriate
or present the potential for adverse
environmental impacts, New Jersey’s
policy is that the interest in accelerating
artificial reef development must yield
to our paramount commitment to the protection
of ocean resources.
Balancing the current record against
ongoing public concern about these conclusions,
I authorize and direct as follows.
1. The Office of Natural and Historic
Resources (NHR) shall proceed to arrange
the placement of a total of up to
250 subway cars, distributed among
five currently designated reef sites
at Garden State North, Atlantic City,
Cape May, Shark River and Deep Water
(off Ocean City).
2. DEP shall establish a program
of monitoring these sites for eight
years to ascertain any impacts and
to ascertain the structural integrity
and durability of the material and
its efficacy in providing habitat
in each marine environment. The program
shall conclude in a report to the
Commissioner subject to public notice
and comment. To develop the report,
DEP shall initiate a balanced and
independent scientific and technical
reef advisory committee (TRAC), made
of regional reef ecologists and scientists
from relevant interests, including
the National Marine Fisheries Service,
EPA, other States’ agencies
and NJDEP Fish & Wildlife, fisheries
and marine ecosystem experts, and
academia. The TRAC will develop and
follow monitoring requirements and
plans for an eight-year study to include,
but not be limited to:
- monitoring potential asbestos
impacts to sediments and biota,
with three offsite controls. Samples
will be collected and tested every
two years over an eight-year period.
- monitoring of durability and stability
of subway cars
- conducting a comparative fisheries
productivity and diversity assessment
to other reef materials; and
- recommending procedures for contingencies
should adverse effects from the
asbestos materials be found.
At the end of the eight-year study,
the TRAC will review the data and
make a determination on whether the
subway cars meet the standard set
forth in paragraph 4 and make further
recommendations for artificial reef
standards, if needed. The TRAC shall
submit progress reports annually.
3. A moratorium on the placement
of certain artificial reef materials
that do not meet the standards in
paragraph 4, including additional
subway cars, shall be established
until the monitoring and reporting
program in paragraph two is complete.
4. The State artificial reef plan,
proposed regulations, and other relevant
documents shall be immediately revised
to include requirements that artificial
reef materials be limited to those
materials that consist entirely of
thick dense materials that build stable
and durable reefs for decades and
the Plan should be put out for public
comment. Any new artificial reef materials,
with the exception of the proposed
study on subway cars, must meet a
standard of “retaining a minimum
of 90 percent of original structural
integrity for 30 or more years.”
Currently, there is no federal standard,
but the National Plan states that
artificial reef materials must be
resistant to deterioration and breakup.
5. Prior to publication of the draft
artificial reef plan now under development,
DEP shall conform the draft plan to
this Directive. Specifically, DEP
shall include in the Plan a requirement
that “Materials of Opportunity”
meet the standard of “retaining
a minimum of 90 percent of original
structural integrity for 30 or more
years,” in addition to all other
standards. Similar conforming changes
shall be proposed by the State for
the applicable permits governing the
artificial reef sites and rules on
coastal zone management and other
enforceable policies or relevant documents.
6. In addition to the above described
limitations, any material proposed
for artificial reefs in the future
shall be carefully evaluated to demonstrate
that the material is pollution free.
7. Based on historic placement and
evaluation the following materials
are deemed to meet the standard in
paragraph 4: ships/barges; dredged
rock; cast concrete forms, pipe, slabs,
and blocks; structural steel exceeding
0.25 inches thick; obsolete military
vehicles; and manufactured reef habitats
especially designed and made of concrete
or steel. Relevant DEP plans, rules,
regulations, and other relevant documents
shall deem these materials to meet
the standard.
This directive creates no enforceable
rights, legal or equitable, for any
person. Nothing in this directive limits
the discretion of the Commissioner to
make further policy changes in response
to public comment and additional data
and analysis.
