Bill Text: NJ A5566 | 2022-2023 | Regular Session | Introduced
Bill Title: Directs DEP to establish sonar testing permit program.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2023-06-05 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A5566 Detail]
Download: New_Jersey-2022-A5566-Introduced.html
Sponsored by:
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
SYNOPSIS
Directs DEP to establish sonar testing permit program.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of sonar testing and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Applicant" means an entity that has applied to the department to use sonar testing on the waters of the State.
"Department" means the Department of Environmental Protection.
"Military" means the same as the term is defined in section 1 of P.L.2013, c.7 (C.9:2-12.1).
"Permit holder" means a person who holds a valid sonar testing permit issued pursuant to section 3 of this act.
"Sonar testing" means the use of active sonar techniques that emit an acoustic signal or pulse of sound into the water to search for and map objects on the seafloor, including the seafloor itself.
"Waters of the State" means the same as the term is defined in section 3 of P.L.1977, c.74 (C.58:10A-3).
2. a. Except as provided in subsection b. of this section, no person shall perform sonar testing in the waters of the State without first obtaining a permit therefor issued by the department pursuant to section 3 of this act.
b. Sonar testing in the waters of the State may be performed without a permit issued pursuant to section 3 of this act:
(1) in an emergency situation that requires its use; and
(2) by the military.
3. a. No later than 180 days after the effective date of this act, the Department of Environmental Protection shall establish a sonar testing permit program to regulate the performance of sonar testing in the waters of the State. The department shall develop the process and requirements necessary for the issuance of a permit. The department shall issue a sonar testing permit to an applicant after the department has received, reviewed, and approved a permit application from the applicant, and pursuant to the provisions of this section and rules and regulations adopted pursuant thereto.
b. An applicant for a sonar testing permit shall submit to the department:
(1) a comprehensive study evaluating the potential impacts of the applicant's expected use of sonar testing on marine life that conforms to the requirements established in subsection c. of this section; and
(2) a description of all measures to be taken to prevent harm to marine life during the performance of the sonar testing.
c. The comprehensive study required pursuant to subsection b. of this section shall provide a description of:
(1) all measures planned by the applicant to protect marine life before, during, and after the sonar testing;
(2) the type of sonar to be used by the applicant, including the frequency range of the sonar;
(3) the time, date, and targeted area where the applicant plans to use sonar testing and the type of marine life known to frequent the targeted area;
(4) the potential short-term and long-term negative impacts of the applicant's expected use of sonar testing on marine life;
(5) the potential short-term and long-term negative impacts of the applicant's expected use of sonar testing on the marine ecosystem; and
(6) any other factors the department determines are necessary to assess the potential risk to marine life posed by the applicant's use of sonar testing.
d. No later than 90 days after receipt of a sonar testing permit application the department shall issue a sonar testing permit upon a finding that the sonar testing will pose a minimal risk to the health of marine life in the affected areas. A sonar testing permit shall be valid for one year. The department shall require the permittee to conduct an updated study consistent with the requirements of subsection c. of this section for the renewal of a sonar testing permit.
e. The department shall immediately suspend a sonar testing permit if a marine mammal is found injured or deceased, and the cause of injury or death is related to the permit holder's use of sonar testing. The department shall investigate the cause of injury or death, and determine if the use of sonar testing by the permittee contributed to the injury or death. The sonar testing permit shall remain suspended until the department concludes its investigation and publishes its conclusions. If the permit holder receives two suspensions within a one year period, then the permit holder's permit shall be revoked. No later than 180 days after the investigation's conclusion, the department shall produce a written report of its findings and post the report on its Internet website.
f. The department shall establish a sonar testing permit fee to be collected by the department in an amount estimated to cover the costs of administering the sonar testing permit program incurred by the department.
4. The Department of Environmental Protection shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.
5. This act shall take effect immediately.
STATEMENT
This bill directs the Department of Environmental Protection (DEP) to establish a sonar testing permit program. Under the bill, no person would be permitted to perform sonar testing in the waters of the State without first obtaining a permit. However, the bill would allow sonar testing to be performed without a permit in an emergency situation that requires its use, or when performed by the military. An applicant for a sonar testing permit would be required to submit to the DEP: (1) a comprehensive study evaluating the potential impacts of the applicant's expected use of sonar testing on marine life; and (2) a description of all measures taken by the application to prevent harm to marine life during the performance of sonar testing.
Under the bill, the DEP would issue a sonar testing permit upon a finding that the sonar testing would pose a minimal risk to the health of marine life in the affected areas. The bill would require the DEP to immediately suspend a sonar testing permit if a marine mammal is found injured or deceased and the cause of injury or death is related to the permit holder's use of sonar testing. The bill would require the DEP to investigate the cause of injury or death, and determine if the use of sonar testing by the permittee contributed to the injury or death, and the permittee's sonar testing permit would remain suspended until the DEP concludes its investigation and publishes its conclusions. Following an investigation, the DEP would produce a written report of its findings and post the report on its Internet website.
