In May 1999, the Barnegat Bay Personal Watercraft Task Force (BBPWCTF) was formed. It is being chaired jointly by Martha Maxwell - Doyle, Clean Ocean Action and Angela Andersen, Barnegat Bay Watershed Association. An open invitation was issued to all interested parties to participate in the process. Current members included representatives from: Barnegat Bay Watershed Association, Clean Ocean Action, Alliance for a Living Ocean, Jersey Coast Anglers Association, Izaak Walton League-Save Barnegat Bay, Marine Safety Foundation, Marine Trades Association of New Jersey, New Jersey Boating Regulation Commission, East Dover Marina, Rutgers University - Institute for Marine and Coastal Science, Rutgers Cooperative Extension of Ocean County, New Jersey Sea Grant Program, Island Beach State Park, Barnegat Bay Estuary Program, Ocean County Planning Board and Congressman J. Saxton. The BBPWCTF has also regularly consulted with the New Jersey State Police. The BBPWCTF illustrates an unprecedented level of cooperation among the various interests.

Since its inception, the BBPWCTF has been working to assess, establish goals and address this issue in a fair and comprehensive manner. The BBPWCTF defined the following areas requiring action:

*Conduct a review of existing international and national scientific research.

*Conduct a review of existing international and national initiatives that are currently in place.

*Identify existing educational initiatives and gaps, then develop educational outreach materials and programs.

*Promote community involvement.

*Promote increasing enforcement resources and initiatives.

*Develop and recommend comprehensive legislative measures (federal, state and local).

* Note: In March 2000, the Barnegat Bay Watershed Association, Inc. became the Barnegat Bay Watershed and Estuary Foundation, Inc. for the purpose of this document BBWA will be used since the work was done prior to the name change.

This document is a culmination and summary of the work done by the BBPWCTF. This document is intended to serve as a framework for future initiatives and to support the measures needed to address this issue in a fair and reasonable matter. The members of the BBPWCTF also realize that this endeavor may have statewide implications and welcome other interested parties to participate in this process.

PWC are defined in the State of New Jersey as: A Class A power vessel designed to a) be operated from a sitting, standing or kneeling position, b) equipped with an internal combustion engine that powers a water jet pump, and c) cannot be operated to disengage the pump to prevent the vessel from making headway.  (New Jersey State Police 1996)

A review of current literature and user experience on our waterways illustrates, the major need to address this use issue on a number of different levels. Currently, it is estimated that approximately one million PWCs are operated on United States waterways. The February 2000 issue of the Marine Business Journal cites the following sales figures: in 1995 - 200,000 PWC which was an all time high, in 1998 - 130,000 PWC and in 1999 - 106,000 PWCs were sold. As the popularity and use continues to increase, so does the impact of mis-use. It has also increasingly become necessary to look at reasonable ways to regulate PWC mis-use. At this time, at least half of the states in the United States have promulgated some form of regulation or guideline on the use of PWC. This trend towards regulated use is also seen around the globe in such places as: Australia, New Zealand, Canada and Europe. A summarized discussion of implemented strategies and management initiatives is included later in this text.

Regions and municipalities are attempting to resolve the issues throughout the country using similar processes with the local and state legislators. National efforts have been undertaken by such legislators as Congressmen Saxton, Gilchrest and Vento (H.R. 3141 - Personal Watercraft Responsible Users Act of 1999) but have made little headway towards passage. In the Barnegat Bay, the Barnegat Bay Watershed Association and Clean Ocean Action have been working in conjunction with a number of interested parties including the New Jersey Boat Regulatory Commission to identify, define and address key areas of concern regarding PWC mis-use. We plan to continue working with local, state and federal legislator and agencies to develop a solution.

Education:

Education is a key component to increase public awareness of the problems posed by unrestricted use of PWC and in effectuating change is user behavior. There are several ways in which this can be addressed:

Enforcement and Safety Concerns:

The BBPWCTF is acutely aware that currently there are laws on the books, which if enforced fully would minimizing the current problem. Unfortunately, there is a major shortage of law enforcement personnel trained and assigned to carry out these duties. This situation creates a major safety issue on our waterways in being able to effectuate a timely response to any marine violation. The regular presence of law enforcement also acts as a deterrent.

Increased funding for enforcement agents to patrol the waterways, monitoring PWC operators and other marine law infractions is desperately needed. Funding should be targeted to local municipalities to encourage them to enforce navigational regulations within their respective jurisdictions. Increased localized funding will help municipalities purchase specialized equipment, train officers and staff during the summer season when the need is the greatest. Getting the regulations that are currently on the books, enforced with a sufficient enforcement staff during the peak season, is a critical beginning for this effort.

The other key issue which plays a role in increasing enforcement, concern the jurisdictional authority over riparian waters. There is a legislative need to give all sworn law enforcement officers in New Jersey authority to enforce boating regulations. For example, in the Barnegat Bay region, significant enforcement resources are available including: the United States Coast Guard, the New Jersey State Police, the United States Fish and Wildlife Service, New Jersey Department of Environmental Protection Conservation Officers and Park Rangers, and municipal police but in many cases they lack the jurisdictional authority on the waterways.

In addition to public education and regular enforcement, licensing and harsher penalties are needed to ensure safe and appropriate use of PWCs. Persons found in violation of the law should be subjected to fines, loss of privilege and confiscation of their vessels if appropriate.

Environmental impact is an area of major debate and controversy when discussing the use and management of PWC's. A significant amount of research has been and will continue to be dedicated to this issue by a number of scientific and industry institutions. Rutgers University Institute of Marine and Coastal Science will be hosting two workshops in 2000. These workshops are being planned to bring together the scientific community and then look at policy and planning issues.

In a statement submitted by the Honorable James Saxton, Chairman, Subcommittee on Fisheries, Conservation and Wildlife and Oceans at the hearing on the Coastal Zone Management Act, February 25, 1999 summarizes the overall environmental impact concerns:

"PWC pose the following threats to our natural resources:

*Wildlife Disturbance: PWCs shallow draft and high maneuverability are not present in larger boats, and allow PWCs to enter sensitive areas not accessible to larger motorized boats. Once there, they disturb nesting birds and wildlife.

*Destruction of Aquatic Vegetation: Again, because PWC are able to enter shallow water and because of the type of propulsion being utilized, they have the ability to uproot aquatic vegetation.

*Increased Erosion: PWC users typically spend long periods of time in an area that traditional boats can not reach and can generate significant wave action. Increased and continuous wave action contributes to shoreline erosion." 

Other documented concerns: Operating a PWC in shallow waters can not only harm the vessels engine but it can stir up bottom sediments, which decreases light penetration and oxygen needed by aquatic life. Also operating too close to nesting colony birds cause the birds to fly away from the nest exposing the eggs to temperature fluctuations and leaving them open to predation. (Research Paper, Dr. Joanna Burger study of PWC effects on colonial nesting birds in Barnegat Bay) By restricting shallow water uses in sensitive habitats we will maintain the long term integrity of our treasured waterways in New Jersey.

There is another less tangible aspect regarding user perceptions and experience which should be considered. In Ocean County in 1998, $1.67 billion dollars were spent by tourists. These visitors came to this region for its many activities and natural resource opportunities. Over 800,000 people visited Island Beach State Park in 1999 to partake in the various beach and bay activities afforded by this diverse nature treasure. When negative experiences occur due to user conflicts, it becomes necessary to address these concerns or lose valuable resource opportunities.

The U.S. National Park Service has recently acknowledged the importance of user experience and announced a final rule for managing PWC use. The rule which goes into effect on April 20, 2000 puts limits on PWC use to "protect park values and reduce visitor conflicts." The final rule prohibits PWC use in national park areas unless the Service determines that this type of water-based recreational activity is appropriate for a specific park based on the legislation establishing that area, the park's resources and values, other visitor uses of the area, and overall management objectives. The NPS has taken the position of adopting a prudent approach to managing personal watercraft that allows their use, yet protects park values, sensitive natural areas, and plants and animals, and reduces conflicts with park visitors who seek solitude and traditional recreational activities such as canoeing and hiking.

Utilization of Conservation Zoning:

Conservation Zoning is a management tool that will protect sensitive natural resources and separates conflicting uses. Zoning is a planning tool that is commonly used on land which has also been successfully used in marine environments. It permits very precise management policies that are based on natural resource issues. NOAA states, "Zoning provides common sense approach to focus protection in critical portions of sensitive habitat while not restricting activities any more than necessary". Precedence has already been established in the United States and throughout the world utilizing this type of resource based management. Several examples of marine zoning:

*Great Barrier Reef Marine Park Authority (GBRMPA) in Australia mission is to "provide for the protection, wise use, understanding and enjoyment of the Great Barrier Reef in perpetuity through the care and development of the Great Barrier Reef Marine Park". The GBRMPA is the basis for the NOAA administered U.S. Marine Sanctuaries program. The primary management tool is zoning. There are 13 zones which range from a few restrictions to Preservation Zones that prohibit all entry except for scientific purposes. Each zone has a "plan of management" that was developed through a public participation process.

* United States Natural Marine Sanctuaries were created by the Marine Protection, Research and Sanctuaries Act of 1972. There are 13 in existence with others in the planning stage. Their purpose is to "serve as the trustee for the nation's system of marine protected areas, to conserve, protect, and enhance their biodiversity, ecological integrity, and cultural legacy."

* The Florida Keys Natural Marine Sanctuary contains a comprehensive management program with separate management zones. Ecological preservation areas, wildlife management areas, existing management areas and special use areas. The zoning action plan identifies strategies and activities for each of the five zoning categories. Zones are identified by various colored buoys and an extensive public information program which includes widely publicized maps and a web page. There are 27 wildlife refuges within the sanctuary that ban PWCs. The sanctuary is jointly administrated by several federal agencies and the State of Florida under a NOAA umbrella. The management is supported by the Florida Keys National Marine Sanctuary Advisory Council. The Council members included a diverse mix of interest including: fisherman, scientific and environmental organizations, dive industry and others. An interesting note is that a sanctuary-wide regulations require an idle speed/no-wake policy within 200 yards of any shoreline.

* The Cayman Island management approach is through the use of four zones which are marine park zones, replenishment zones, environmental zones and animal sanctuaries/RAMSAR sites. All water activities are prohibited in the environmental zones including the anchoring of any boats. Marine Park Zones are used to protect special resources and navigational channels are used to facilitate boat passage through sensitive areas. Eight areas are designated as "water sport areas." Outside these areas it is an offense to exceed five knots when within 200 yards of the shoreline. Since tourism is the basis of the economy, the rules are taken seriously and are widely supported as a way to minimize use conflicts and maintain the attractive natural resources of the island ecosystem.

Recommendations:

Conclusion:

The conservation zone models described have applicability to the Barnegat Bay and other regions throughout New Jersey. A zoning approach would permit comprehensive management of many issues including protection of colonial nesting birds and other sensitive habitats, commercial interests such as clamming and crabbing and other user activities such as fishing and boating. Seasonal zoning could be used to protect areas during critical times of the year with restrictions relaxed when they are not needed. Resource based decision making can replace the current approach which relies on existing boating regulations and touches little on the resource or on conflicting uses. It makes little sense to permit high speed low draft PWC to enter tidal marshes speeding along shallow shorelines where clammers, fisherman and paddle sport enthusiasts are placed at risk. However, there are extensive areas of the Barnegat Bay where such activities would produce little or no conflict. That Barnegat Bay watershed and estuary is offered as a good model area to test legislation because of its environmental sensitivity, heavy use and increasing conflicts with PWC. The bay's sensitive areas and popularity among aquatic recreationalists are well known.

Photocopy of aerial photography: PWC "circles"

Andersen, Angela, "PWC National Scene", Barnegat Bay Watershed Association, Watershed Waves Newsletter, Summer 1998.

Australia Department of the Attorney General, "Great Barrier Reef Marine Park Act of 1975", Act No. 85 of 1975 as amended.

Burger, Joanna Dr., "Effects of Motorboats and Personal Watercraft on Flight Behavior Over a Colony of Common Terns". Nelson Biological Laboratories, Rutgers University, 1998.

Chin, Melissa, "Issues and Problems Associated with Personal Watercraft in Barnegat Bay", a white paper. Researched under Dr. Eleanor Bochenek, NJ Sea Grant, with resources from the Barnegat Bay Watershed Association Personal Watercraft Seminar, May 1998.

Clean Ocean Action, "Enjoy Don't Destroy, Tips for Personal Watercraft Operators", a public outreach brochure, June 1998.

Florida Keys National Marine Sanctuary Website  http://www.nos.noaa.gov/nmsp/fknms/

Florida Marine Patrol, 15 CFR 922- Subpart B for Sanctuary Regulations and 15 CFR 929 - full regulations. Federal Register June 12, 1997- Department of Commerce Florida Keys National Marine Sanctuary Regulations; Final Rule.

Florida Marine Research Institute, Department of Environmental Protection, 100 Eighth Avenue, SE, St. Petersburg, FL

Hawaii, State of - Division of Aquatic Resources- Department of Land and Natural Resources.  1151 Punchbowl Street, Room 330 Honolulu, HI 96813- Marine Life Conservation Districts- established under Title 13 of the Hawaii administrative rule (HAR). http://planet-hawaii.com/sos/MLCD.html

Marine Safety Foundation, Inc. "An Assessment of Risk Management and Human Errors in Recreational Boating Safety Applications", July 1999.

Marine Business Journal, Vol XIV, Number 1 February 2000, Published by Boating and Yachting, Inc. Miami Beach, FL.

Martin, Laurie C. "Caught in the Wake- The Environmental and Human Health Impacts of Personal Watercraft", Izaak Walton League of America, 1999.

New Jersey Department of Environmental Protection, "A Watershed Management Plan for Barnegat Bay", 1993.