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Oversight Hearing on Reauthorization of the Coastal Zone Management Act

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Oversight Hearing on Reauthorization of the Coastal Zone Management Act OVERSIGHT HEARING ON REAUTHORIZATION OF THE COASTAL ZONE MANAGEMENT ACT OVERSIGHT HEARING BEFORE THE SUBCOMMITTEE ON FISHERIES CONSERVATION, WILDLIFE AND OCEANS OF THE COMMITTEE ON RESOURCES HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTH CONGRESS FIRST SESSION FEBRUARY 25, 1999, WASHINGTON, DC Serial No. 106±6 Printed for the use of the Committee on Resources ( Available via the World Wide Web: http://www.access.gpo.gov/congress/house or Committee address: http://www.house.gov/resources U.S. GOVERNMENT PRINTING OFFICE 55±183 u WASHINGTON : 1999 VerDate 11-MAY-2000 14:53 Sep 25, 2000 Jkt 010199 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 E:\HEARINGS\55183 pfrm08 PsN: 55183 COMMITTEE ON RESOURCES DON YOUNG, Alaska, Chairman W.J. (BILLY) TAUZIN, Louisiana GEORGE MILLER, California JAMES V. HANSEN, Utah NICK J. RAHALL II, West Virginia JIM SAXTON, New Jersey BRUCE F. VENTO, Minnesota ELTON GALLEGLY, California DALE E. KILDEE, Michigan JOHN J. DUNCAN, JR., Tennessee PETER A. DEFAZIO, Oregon JOEL HEFLEY, Colorado ENI F.H. FALEOMAVAEGA, American JOHN T. DOOLITTLE, California Samoa WAYNE T. GILCHREST, Maryland NEIL ABERCROMBIE, Hawaii KEN CALVERT, California SOLOMON P. ORTIZ, Texas RICHARD W. POMBO, California OWEN B. PICKETT, Virginia BARBARA CUBIN, Wyoming FRANK PALLONE, JR., New Jersey HELEN CHENOWETH, Idaho CALVIN M. DOOLEY, California GEORGE P. RADANOVICH, California CARLOS A. ROMERO-BARCELO, Puerto WALTER B. JONES, JR., North Carolina Rico WILLIAM M. (MAC) THORNBERRY, Texas ROBERT A. UNDERWOOD, Guam CHRIS CANNON, Utah PATRICK J. KENNEDY, Rhode Island KEVIN BRADY, Texas ADAM SMITH, Washington JOHN PETERSON, Pennsylvania WILLIAM D. DELAHUNT, Massachusetts RICK HILL, Montana CHRIS JOHN, Louisiana BOB SCHAFFER, Colorado DONNA CHRISTIAN-CHRISTENSEN, Virgin JIM GIBBONS, Nevada Islands MARK E. SOUDER, Indiana RON KIND, Wisconsin GREG WALDEN, Oregon JAY INSLEE, Washington DON SHERWOOD, Pennsylvania GRACE F. NAPOLITANO, California ROBIN HAYES, North Carolina TOM UDALL, New Mexico MIKE SIMPSON, Idaho MARK UDALL, Colorado THOMAS G. TANCREDO, Colorado JOSEPH CROWLEY, New York LLOYD A. JONES, Chief of Staff ELIZABETH MEGGINSON, Chief Counsel CHRISTINE KENNEDY, Chief Clerk/Administrator JOHN LAWRENCE, Democratic Staff Director SUBCOMMITTEE ON FISHERIES CONSERVATION, WILDLIFE AND OCEANS JIM SAXTON, New Jersey, Chairman W.J. (BILLY) TAUZIN, Louisiana ENI F.H. FALEOMAVAEGA, American JAMES V. HANSEN, Utah Samoa WAYNE T. GILCHREST, Maryland BRUCE F. VENTO, Minnesota RICHARD W. POMBO, California PETER A. DEFAZIO, Oregon WALTER B. JONES, JR., North Carolina NEIL ABERCROMBIE, Hawaii MARK E. SOUDER, Indiana SOLOMON P. ORTIZ, Texas ROBIN HAYES, North Carolina FRANK PALLONE, JR., New Jersey MIKE SIMPSON, Idaho CARLOS A. ROMERO-BARCELO, Puerto Rico ADAM SMITH, Washington HARRY BURROUGHS, Staff Director JOHN RAYFIELD, Legislative Staff JEAN FLEMMA, Democratic Legislative Staff (II) VerDate 11-MAY-2000 14:53 Sep 25, 2000 Jkt 010199 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 E:\HEARINGS\55183 pfrm08 PsN: 55183 C O N T E N T S Page Hearing held February 25, 1999 ............................................................................ 1 Statement of Members: Faleomavaega, Hon. Eni, a Delegate in Congress from the District of American Samoa ........................................................................................... 2 Prepared statement of ............................................................................... 3 Gilchrest, Hon. Wayne T., a Representative in Congress from the State of Maryland ................................................................................................... 7 Goss, Hon. Porter J., a Representative in Congress from the State of Florida ............................................................................................................ 4 Prepared statement of ............................................................................... 5 Pallone, Jr., Hon. Frank, a Representative in Congress from the State of New Jersey, prepared statement of ......................................................... 44 Saxton, Hon. Jim, a Representative in Congress from the State of New Jersey ............................................................................................................. 1 Prepared statement of ............................................................................... 2 Vento, Hon. Bruce F., a Representative in Congress from the State of Minnesota ...................................................................................................... 7 Statement of Witnesses: Cooksey, Sarah W., President, Coastal States Organization ........................ 35 Prepared statement of ............................................................................... 118 Fote, Thomas, Jersey Coast Anglers Association ........................................... 22 Garcia, Terry D., Assistant Secretary of Commerce for Oceans and At- mosphere, Department of Commerce .......................................................... 9 Prepared statement of ............................................................................... 68 Hershman, Marc J., Director and Professor, School of Marine Affairs, University of Washington ............................................................................. 33 Prepared statement of ............................................................................... 52 Lytton, Gary D., President, National Estuarine Research Reserve Asso- ciation ............................................................................................................ 38 Prepared statement of ............................................................................... 130 Park, Howard, Consultant, Personal Watercraft Industry Association ....... 20 Prepared statement of ............................................................................... 46 Savitz, Jacqueline, Executive Director, Coast Alliance ................................. 18 Prepared statement of ............................................................................... 84 Shinn, Jr., Robert C., Commissioner, Department of Environmental Pro- tection ............................................................................................................ 31 Prepared statement of ............................................................................... 110 Response to questions from Mr. Faleomavaega ............................................. 57 Letter to Mr. Garcia from Mr. Young ............................................................. 57 Response from Marc Hershman to questions from Mr. Faleomavaega ....... 58 Additional material supplied: Briefing Paper, Committee on Resources ....................................................... 59 Communications submitted: Issues and Problems Associated with Personal Watercraft in Barnegat Bay, Melissa Chin, Cook College Cooperative Education Program, Rut- gers, The State University of New Jersey .................................................. 95 National Ocean Industries Association and the American Petroleum Insti- tute, prepared statement of .......................................................................... 55 (III) VerDate 11-MAY-2000 14:53 Sep 25, 2000 Jkt 010199 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 E:\HEARINGS\55183 pfrm08 PsN: 55183 VerDate 11-MAY-2000 14:53 Sep 25, 2000 Jkt 010199 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 E:\HEARINGS\55183 pfrm08 PsN: 55183 OVERSIGHT HEARING ON REAUTHORIZATION OF THE COASTAL ZONE MANAGEMENT ACT FEBRUARY 25, 1999 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON FISHERIES CONSERVATION, WILDLIFE AND OCEANS, COMMITTEE ON RESOURCES, Washington, DC. The Subcommittee met, pursuant to other business, at 10:38 a.m., in Room 1334, Longworth House Office Building, Jim Saxton (chairman of the Subcommittee) presiding. STATEMENT OF HON. JIM SAXTON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY Mr. SAXTON. We will now proceed to our second order of busi- ness. This section of the Subcommittee meeting is a hearing. The Subcommittee on Fisheries Conservation, Wildlife and Oceans will come to order for this section. Today, we are discussing the Coastal Zone Management Act, known as CZMA, enacted by Congress in 1972. CZMA provides grants to states that voluntarily develop and implement federally- approved Coastal Zone Management Plans. It also allows states with approved plans the right to review Fed- eral actions to ensure they are consistent with those plans. It au- thorized the National Estuarine Research Reserve System as well, which all of my friends from New Jersey know it is extremely im- portant to us. I am a sailor and protection of the fragile coastal ecosystem has been a priority of mine since I came to Congress in 1984. The Bar- negat Bay Watershed includes portions of the Edwin B. Forsyth National Wildlife Refuge, which provides nesting habitat for migra- tory birds along the Atlantic flyway. Threats to these creatures necessarily should be addressed with- in the context of CZMA. One such threat is the use or misuse of personal watercraft, also known as jet skis or PWCs, particularly when they are used in shallow water. This environmental impact of PWCs is often cited as the fol- lowing: (1) Wildlife Disturbance: PWCs shallow draft and high maneu- verability are not present in larger boats, and allow PWCs to enter sensitive areas not assessable by larger motorized boats. Once there, they disturb nesting birds and wildlife. Some studies indicate that when startled by PWCs, nesting birds have trampled
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