To the Editor:
While reading the DEP’s latest proposal concerning shorelines, I came across these lines: “….. the department is proposing new N.J.A.C. 7:25-4A to identify a process to determine, publicize, and enforce those public access restrictions of tidal waters and/or the adjacent shoreline for the protection of endangered and threatened species.”
“The Legislature recognized the importance of these particular areas of the state’s shoreline as critical habitat areas … “
Hold up, there, bureaucratic cowboy, the Legislature did not recognize any shoreline “as critical habitat areas.”
OK – the DEP needs to identify particular areas that endangered species utilize. But did I miss something? The proposal doesn’t identify any particular area, just “shorelines.” And after reading the entire 11,000+ word proposal, it doesn’t show that the DEP will take into account the public’s right to use shorelines for recreation.
It only says that the DEP will determine what areas it wants to restrict … and BINGO … declare them “restricted” (and fine you up to $25,000/day if you exercise your right to use them). No public comment; no public debate … just done!
Transparency? Yes. Clear as a bell. We understand. The DEP is not accountable to anybody. It does anything it wants to do – legal or not!
Editor’s note: The proposed rules were published by DEP in December and are in a public comment period; residents can submit comments to the agency until Feb. 13. If the agency decides to revise the rules, the one-year clock within which the rules must be adopted, a clock that begins at publication, could start again, depending on the nature of the amendments.
