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Making Sense of the New Jersey Menhaden Fishery Closure...FishinJersey
Gets You Answers from the NJ Division of Fish & Wildlife!

By Tom Vassallo

A letter from the Atlantic Marine Fisheries Administrator, Brandon Muffley, dated February 10, 2014 stated that the New Jersey directed harvest of menhaden in the commercial Pound Net, Otter Trawl, Gill Net, and Bait Net fisheries will be closed as of 11:59 PM, Wednesday, February 12, 2014. Under New Jersey Public Law 2013, Chapter 74, C.23:3-51.11, d. (1) the commissioner has the power to "... close the menhaden season in the State, for each respective gear type, by giving not less than two days' notice of the projected date that the year's quota for that gear type will be landed. " Now, that same law also gives the commissioner the power to "reopen the season for a specified period of time, upon no less than two days' notice." Well, the commissioner decided that the 2014 New Jersey Menhaden quota established by the Atlantic Marine Fisheries has, in fact, been reached and shall not re-open until January 1, 2015. So the waiting game begins for our large commercial fleet. According to a quote in the Asbury Park Press on February 14, 2014, this closure will not effect the small commercial cast netter who has the proper license and landing permit.

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Menhaden (Bunker) are an important bait for New Jersey striped bass anglers during the Spring Striped Bass Season.

However, of utmost concern for our recreational anglers are the questions pertaining to the impact of the menhaden fishery closure upon the private taking of menhaden as a baitfish, so important to the success of many anglers during the upcoming spring Striped Bass season. Menhaden are also a large component of chum and bait when "chunking" for other species of game fish including our bluefish fishery.  Well, FishinJersey.com wanted to get you the answers to your questions to clarify the situation for all you New Jersey saltwater recreational anglers.

The confusion seems to stem from the statute which can be obtained on the NJ legislature web site. An examination of the terminology as defined within the New Jersey Statute  states:

"As used in R.S.23:3-51, section 3 of P.L.2010, c.72 (C.23:3-51.1) and sections 4 through 17 of P.L.2013, c.74(C.23:3-51.2 through C.23:3-51.15):

“Bait net” means a net, including but not limited to a bait seine, cast net, dip net, lift or umbrella net, or kill pot, deployed for the purpose of taking menhaden to be landed or sold in the State."


So to clarify just how this was going to affect New Jersey anglers, FishinJersey.com contacted the New Jersey Department of Environmental Protection's press office on Tuesday, February 11, just a day before the fishery was set to close. Within hours, we received a phone call from Jeff Brust, Research Scientist at the New Jersey Division of Fish and Wildlife.

Brust explained that the closure of the Menhaden Fishery pertains to COMMERCIAL FISHERMEN ONLY. However, he went on to clarify the following:

• Anglers on small vessels are permitted to "snag" menhaden and place them in live wells for later use or to use them  immediately as bait. Menhaden snagged may also be saved and used the following day. Anglers are not permitted to sell any of the menhaden, or they will be in violation of the law.

• Party boats and charters are permitted to snag or net menhaden and distribute them to anglers on their vessel. They may also save netted menhaden for a trip the same day or following day. Party boat captains, employees or customers are not permitted to sell any of the menhaden, or they will be in violation of the law.

• "Cast netting" by individual recreational anglers who are using  the menhaden they catch for personal use is allowed. However, they may NOT sell the menhaden.



This is a somewhat comforting answer to those of us who snag and use bunker as bait, but we will have to wait and see the impact that it will have on our commercial fishery and there is no doubt that the bait and tackle dealers may be dealing with a larger influx of out of state menhaden. That will only result in rising costs for New Jersey dealers and the anglers who purchase bunker from them.

But why is the fishery being closed? Well, the Atlantic Menhaden fishery has been under close scrutiny due to the tremendous pressure placed on the fishery by commercial harvesters. The majority of menhaden are not taken for use as baitfish. They are being taken for their capacity to produce a tremendous amount of fish oil through processing. Menhaden oil is a large component of the huge fish oil supplement industry gaining momentum due to the health benefits of Omega 3 oils. This demand has fueled a huge demand for fish oil that has had a negative impact on the menhaden population over the past several years. Although most fish oil supplements include other fish oils such as sardine, salmon, cod and herring, menhaden oil is usually used in a higher percentage than the other fish oils. Menhaden oil is also used in the cosmetic industry as a base for products such as lipstick.

Now the fish oil supplement industry (while a major contributor to the problem) are not totally to blame. The recreational fishing industry not only uses menhaden for bait and chum, but is now heavily marketing menhaden oil and menhaden "milk" as fish attractants when trolling and casting. To put this in perspective, in recent studies, available figures have shown that approximately a half BILLION menhaden are harvested by all industries combined per year.  What makes that figure particularly disturbing is that (according to a Discover magazine article), "Menhaden have an even more important role that extends beyond the food chain: They are filter feeders that consume phytoplankton, thus controlling the growth of algae in coastal waters. As the population of menhaden declines, algal blooms have proliferated, transforming some inshore waters into dead zones."

As New Jersey anglers, we need to recognize that Atlantic Menhaden are an important species that needs protection. They are not only an important link in the food chain for most of our treasured game fish, but they are important to the cleanliness of our waters as well. So when you are snagging or netting bunker for your own use, be sure to take only what you need. Should they die, freeze them or use them for chum. By caring a bit more for our baitfish, we will indirectly help ensure a better future for our waterways, ocean and game fish.

Editor's Note: Article updated on February 14, 2014

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