Baysave is committed to a plan for 2020 that emphasises activating diverse community interests at Money Island NJ.
GOVERNMENT– After an intense year of dealing with government, we anticipate that government will play a decreased role as we move forward. The board of directors adapted rules specifically designed to avoid the need for government integration and we do not anticipate that government support will the largest factor in future sustainability plans.
DOCKS – We will emphasize the use of the Money Island site as a port for large vessels. The demand is growing and our facilities are less expensive than other options. While smaller boats are welcome here, dry dock is more affordable than boat slips. In general, the cost of boat slips (costs imposed by government, not by us) exceeds the amount that small boat owners want to pay and exceeds the price of other docks in the region. For all boat sizes, we will emphasize long term relationships rather than single season arrangements.
CRABS – Commercial operations will remain in Delaware until New Jersey updates its laws to allow transfer of crab license and the use of online cooperative marketing. We hope to expand support of recreational crabbing with boats and rafts if public interest is sufficient.
OYSTERS – There is growing interest in recreational oyster tonging. We have no specific plans at this time
INVESTORS – Private investments are available. A significant goal is to create long term tax-free investment gains.
CHALLENGES – The largest challenge for founder Tony Novak is balancing the desire to make facilities available to as many people as possible with the need to reduce financial losses. In 2018 the losses to to abuse and vandalism were substantially more than public donations. That is obviously unsustainable. We will continue to try different approaches, technologies and operating practices to deal with these challenges.
Another long term challenge is building engagement with the community. The trend toward depopulation has been going on for decades and now we see only a few people each day. A key to sustainability is connecting with the fewer but more interested individuals who have an interest in the bayshore.
Comments and feedback are welcome.
This shocking science news yesterday (September 19, 2019) was buried beneath all of the other shocking national news; 1,400 scientific papers on food security and environmental science were suppressed or hidden from us by the federal government since January 2017. The U.S. Senate Committee on Agriculture, Nutrition and Forestry and the U.S. Department of Agriculture apparently had enough with the corrupt and dangerous politics and compiled this 634 page list of the important documents for release to the public. The title of the report is “Peer-Reviewed Research on Climate Change by USDA Authors January 2017-August 2019“.
The full 634 page report of 1,400 peer reviewed documents is available online:
The recently observed bad behavior of local law enforcement officers combined with national news headlines has watermen, local bayshore residents and our guests on edge. Yesterday’s national news headlines indicated that dozens of environmental activists were arrested in public protests against environmental injustice. That number will likely escalate sooner rather than later as civil disobedience in protest to government actions increases locally and across the nation. Locally, a court’s action to effectively block the marketing efforts of a watermens’ cooperative triggered angry talk of retaliation.
Watermen are wary of both environmentalists and law enforcement officers. Many consider their god-given right to work the water as their highest held value. Some feel they have little to lose messing with the law. One told me that he deliberately gets himself into a little legal trouble each fall to get “three squares and a bed” over the winter months.
It is easy to forget that as recently as 1970 our watermen were engaged in violent battles against federal government officials with occasional gun battles on the water. No one wants to see a return to those lawless days. Yet the animosity of ordinary local citizens toward government is at a record high level. Today watermen and environmentalists are equally likely to wind up in unfortunate encounters with law enforcement officers.
Our focus is on protecting ourselves here on site at the bayshore rather than what happens elsewhere in clashes with government. It seems that government visitors have become a daily occurrence at the bayshore lately and it is not easy to know who is being investigated and for what. We anticipate that the incidence of law officer activity will increase. Virtually every published authority we’ve read predicts that clashes between citizens and government will increase dramatically as citizens unite to demand environmental justice.
The tension is compounded by the fact that a high percentage of us in the fisheries industry are not English-speaking natives and almost everyone knows someone who is struggling to get work papers extended or citizenship paperwork processed.
The Water Protector Legal Cooperative published guidance on how to lead with law enforcement officers that we intend to adapt as guidance for behavior of civilians on our own sites.
On first observation of an officer
Thanks to modern security tools, we typically have the advantage of seeing an officer approach from a long distance away. That gives us time to go inside a building or boat cabin and close the door if a law enforcement officers appear on the site. Act respectfully, keep your hands visible, do not engage, and do not open the door.
Use these words calmly but clearly and loudly if an officer is on the site:
- “I wish to remain silent”.
- “I did not consent to this search”.
If detained or arrested
Ask “Why am I being detained?” and “Am I under arrest?”. In one instance here an officer made a detainment and moved a protester without making an arrest. It can happen but might not be legal. It take a tremendous amount of self-restraint to simply keep quiet and ask for a lawyer.
I never imagined that my work would involve frequent meetings with elected officials, but that is an important part of my agenda recently. As an advocate for small businesses, I’ve had the opportunity to meet locally, in Harrisburg, Dover and Trenton as well as Washington DC. Because our bayshore neighborhood is often in the news over environmental justice and aquaculture redevelopment issues, I’ve had the opportunity to host a handful of officials here on our emerging sustainable aquaculture site at Money Island, NJ.
I suggest these tips:
- Do your homework before the meeting. Know your representative’s voting history, committee assignments and recent activity (usually available on social media).
- Open with clear simple facts.
- Paint pictures with short clear stories of how the issue affects your business or industry.
- Avoid tipping your bias on politically sensitive issues. Disregard partisan politics.
- If the issue involves problems with unelected officials, be sensitive to comments about your legislator’s willingness to get involved. Some are not willing to get involved and will tell you so. Some will tell you that they have a poor track record working with ingrained bureaucracies. That is important information even if it is not what you want to hear.
- Wrap up with a clear actionable request. If that includes asking the official to write a letter, offer to prepare the letter draft yourself. Better yet, have it drafted already and offer to send the staff the electronic version.
- If you belong to a community group with regular meetings, extend an invitation to the meeting. This is a nice way to wrap up, exit, but hold the door open for follow-up communication.
- Leave you business cards with both the representative and the staff.
- Follow up with an email and thank you card or letter.
- Connect with the representative on social media and be positive and supportive. You’d be surprised how many directly answer tweets.
- Donate to the campaign even if it is a small amount. If you donate to an industry PAC, mention that when appropriate.
I am especially grateful to the professionals at the New Jersey Society of CPAs, especially Jeff, for teaching me the basics of advocacy, to my Cape May friend Ed for emphasizing the value of diplomacy and restraint, and to my activist friend George for showing me the power of being loud and fearless. While we may never be certain of the ultimate impact of our own advocacy efforts, I now know for sure that my voice will be heard.
Tony Novak CPA will represent Baysave at the 2019 NEW JOBS PAC “The Voice of Business” Annual South Jersey Legislative Reception for the New Job Political Action Committee as a member of the NJCPA and supporter of its PAC. The annual event attracts local lawmakers to discuss local business and economic development opportunities and hindrances.
The group focuses on legislation to improve the business climate in New Jersey by supporting pro-business political candidates. Baysave is involved in revitalization of the bayshore economy and last year received funding from the NJ Community Capital THRIVE Grant to promote the local crab industry through a multi-state marketing cooperative. That effort was stymied by legal action by state government.
Baysave is focused on spreading the word about the huge growth potential of our local aquaculture industry, especially blue claw crabs and oysters at the Delaware Bay region. Advanced and technology open the door to a tenfold increase in total seafood production in the years ahead. That growth means moe infrastructure needed, more jobs created and more tax revenue for South Jersey government.
Update on the nicknamed “crab king” case: the hearing details are changed. The information below is no longer accurate. See a more recent update.
Oral argument is scheduled Monday June 10, 2019 at 2:00 PM before Honorable Judge Joseph M. Chiarello, JSC in Court Room 235, Cumberland County Court House, Broad and Fayette Streets, Bridgeton NJ for State vs. Tony Novak, Appeal #2-19. The state will be represented by Danielle Pennino, Esq. of the Cumberland County Prosecutor’s Office. The hearing is open to the public.
Because of the case’s potential impact on the future of social media marketing of the Philadelphia region’s “farm-to-table” and “dock-to-table” grower cooperatives, I have invited inquiries for an amicus brief (friend of the court) from other similarly situated groups. So far, no response. Preparing a brief is often an expensive undertaking and I suspect that not many grower and harvester cooperatives are aware of the potential legal threat.
The core issue is whether the state has the ability to hold off-site, online marketers who are not growers, harvesters, buyers or sellers responsible for keeping physical catch records of content they sell that might be related to New jersey fisheries. The language of the statute was written long before the age of social media when the word “marketing” and “selling” had the same implication and were typically under common management control. That is no longer true today. Now in the age of networked online “sharing” of other users content these two words have entirely different meanings. Sharing online content is not selling under most legal authorities. The goal of this legal action is to establish this as the legal standard under New Jersey fisheries management law.
The brief on behalf of Baysave’s controller Tony Novak is filed and the state has until May 28 to respond. The brief, the state’s response and the rebuttal documents will be available to the public.
In the realm of ‘firsts’, this was one that I could not have predicted. A surprise phone call came in Friday from our government relations liaison, a PhD with a background in economic development in the office of another PhD Director of Coastal Resiliency at Rowan University.
Government relations and coastal resilience: what a team! That’s exactly the combination we need around here.
It’s not appropriate for me to get into a “he said…” situation in a public blog post like this. But is is useful to say that I am learning about new areas of public policy that were previously invisible to me. The entire topic of what government needs to do in terms of long term planning largely escapes public view. I was introduced to the topics of what is a “win” in the eyes of government, its impact on future elections and even the survival of our economy and society. Simple topics like planning for enough food to feed ourselves is really a big deal. Yet it isn’t something that makes the newspapers every day.
At the end of this call I felt more confident of the role that Money Island will play in the future as the region’s seafood landing port. Many shore towns will need to dissolve: “strategic retreat” is the popular phrase in public policy discussions. Yet some seaports will need to remain open for our survival. We will see a deeper channel for even larger oyster boats. Heavy duty commercial docks for the expanding aquaculture industry are already in the works. Loading dock, refrigerators and freezers need to be upgraded. The seawall project will be continued. We are one of the chosen few ports that will be supported; even at the massive costs required to adapt to climate change and rising tides.
In the end, our tiny rural seafood landing port will see more than a tenfold increase in its economic contribution to the region. Of course, in a long term saga like this most of the story is yet to unfold.
The following is a republished book report of “The End of the Line: How overfishing is changing the world and what we eat”.
University of California Press
Date of Publication:
Date initial reading/review:
October and November of 2010
Location of physical book:
Baysave lending library book shelf
Review / margin notes:
75% of the world’s fisheries are fully exploited, over-exploited or depleted.
Demand continues to grow sharply.
Commercial fisheries use modern “fish-killing machines” (p 42); technology creep increases catches over time actual catch is 8 times the declared amount (p 48)
recreational fishing is 30-50% of total catch (p 274)
dredging damage: hard substrate bottom produced greater variety of species (p 55)
over-fishing is 1000 times more dangerous than drilling – Han Lindeboom
Orange roughy naturally outlives humans but few live to sexual maturity now (p 93)
“The trouble is there is not enough fish for everyone. It does not matter what system you have.” Gislason (p 247)
By-catch and Waste by-catch is 1/3 of total worldwide per UN Food & Agriculture Org. Only 10% of total fish killed is consumed as protein by humans
breakdown of menhaden use: 34% for feeding fish, 29% of hogs, 27% for poultry, <10% human and other uses tuna by-catch (p 211)
Fisheries Management comments on fisheries management (p 100) – fisheries are managed to preserve jobs – current overall worldwide management system is a direct cause of over-fishing irony of government’s fish monitor boat (p 99)
– US has several management successes: pollock in Alaska, shrimp in Gulf of Mexico, Atlantic scallops, herring, black bass, striped bass.
– European Union Common Fisheries Policy is the worst management program
– examples of “garbage in / garbage out”; Canadian cod management in the 1980s “A scientist’s first duty is to the truth. His secondary duty is to the public interest and his third duty is to the minister.” – Professor John Shepherd of Southamptom University in England. scientists who manage fisheries get offended (p 216)
“Everywhere in the world the fisheries manager is there just to perform the traditional role of keeping the fishing industry happy”. (p 219)
quota management (p 235)
Conservation amount of ocean for conservation (p 262)
No take zones work (p 269)
4 year ban on herring was successful (p 64)
Aquaculture fish farming is the fastest growing industry (p 291)
– commercial growing will save blue fin tuna (p 303)
– short comparison to land-based agriculture learning curve (p 326)
Failure of Subsidies (p 136)
“The only equilibrium in a subsidized system is zero fish. The system is set up to fail necessarily. Randy Myers, Newfoundland (p 133)
“So what lies at the root of a democratic politician’s impulse to dish out subsidies? First is a disgraceful need to buy votes with other people’s money, often dressed up as the redistribution of wealth. Second is the misguided belief that subsidizing fishing is somehow investing in the industry. In fact, in a hunter-gatherer economy, you invest only by leaving the resource alone. The way to defeat subsidies in well-governed countries is to create transparency, a free press, and proper scrutiny by public auditors’. (p 140)
– subsidies create a mathematic model that must fail.
ownership of the sea issue (p 151)
“tragedy of the commons’ concept published in Science (p 154)
Consumer Issues labeling (p 200, 281)
Marine Stewardship Council (MSC) eat / don’t eat list (p 285)
Certification of fisheries works – eventually 6% of world’s fisheries will be certified sustainable
– eat more blue whiting; low in PCBs and dioxins or antibiotics
Conclusion “the time has come to change the laws of the sea so that they are more like the law of the land.”
“You have to be willing to write off one of the three dimensions â€“ ecological, economic, or social â€“ to solve the problem of sustainable fisheries management” – the conclusion of UN Food and Agriculture Organization (FAO) at Rome conference
“The idea of leaving part of the sea alone is very simple. It cuts across the ideas of traditional scientific fisheries management with its impressive-sounding professionals telling us how much they know”. (p 269)
Amount of ocean needed for conservation: 10% to 50% depending on goal (breakdown on p 262) – consumer environmentalists are effective (p 324)
“sustainability is part of the overall quality standard the top eateries should be hitting”. (p 191)
Environmental education is effective “It strikes me that one ways of feeling less concerned about one of your fellow creatures is to not give it a name”.
– open access to data will help (p 327)
Some fish are more equal than others.
Suggested Follow-up: Subscribe to Nature Magazine, Science Magazine
Yesterday, April 2, 2019, Governor Murphy signed Executive Order 63 establishing new regulatory principles to foster economic growth and government efficiency and protect the environment, health, safety, and welfare of New Jersey’s residents and communities. The executive order acknowledges that “low-income communities are often subjected to further disadvantages by the lack of attention towards “Environmental Justice,” which includes, at a minimum, ensuring that residents of all communities receive fair and equitable treatment in decisionmaking that affects their environment, communities, homes, and health, and incorporating such considerations into the regulatory process”.
Ironically on this very same day lawyers working for the state of New Jersey’s Attorney General’s Office announced plans to take additional legal action against Baysave’s over our plan to remove boat docks and unpermitted structures. Again, like prior actions, they don’t object to the compliance and restoration plan itself but rather they are not happy with the pace of our progress or the delays in obtaining funding for the work. Meanwhile, specific unnamed individuals within the NJDEP have reportedly worked to block our efforts toward approval of projects that would achieve environmental compliance.
The pace of environmental compliance progress here at the bayshore is dependent on the availability of funding, suitable weather conditions, available contractors and appropriate equipment. We are moving as quickly as possible under the current circumstances. The constant legal attacks by the gang-ups of the NJDEP with the Attorney General’s office continue to erode the welfare of our community and undermine our efforts toward environmental compliance and sustainability.
Money Island and its working waterfront businesses are located among the lower working class income sections of New Jersey in rural Cumberland County. Watermen here typically do not have access to the economic, educational, or technological resources that people in other areas take for granted. Our local governments, community organizations and businesses are no match for the awesome powers and unlimited budgets of the out-of-sync state lawyers and disorganized policymakers in Trenton. The state has proven again and again to be unable to effectively address corruption and incompetence within its ranks. The result: those within the poorest communities become victims of government’s abuse of power.
Baysave representatives have called, written and emailed Governor Murphy’s office about the apparent mismatch in government actions and resulting injustice inflicted on the businesses at Money Island. Last month Baysave’s Tony Novak submitted public comment to Governor Murphy’s executive order on environmental justice to the NJDEP’s Office of Environmental Justice. No response has been received other than an acknowledgement of receipt of the comment. Yesterday we asked Baysave’s government relations liaison and proposed compliance project engineer to please step up their efforts to establish communications with state government on Money Island permitting and sustainability planning. Obviously there is a serious disconnect on the progress of what is theoretically possible and what is actually happening.
The Governor’s new executive order becomes effective June 1, We will likely be involved in communicating with the Attorney General’s office and the Commissioner of the NJDEP – two of the state officials charged with responsibility for carrying out this executive order – about the observed actions in violation of this state policy. Meanwhile we have asked our government liaison and civil engineer to step up efforts to communicate with government to curb the next round of proposed government abuse of power.
The executive order states “we should also strive to identify ways to maximize regulatory efficiency by simplifying and streamlining the public’s ease of access to the machinery of government and to enhance the ability of regulated communities to communicate and interact with the regulatory agencies that oversee their actions, professions, occupations, and endeavors”. Yes! That’s exactly what we’ve been talking about! The complete lack of communication and mismatch of planning between the state, county, local government and community groups like Baysave is a disaster for our community.
We must do better. Baysave remains committed to getting state government to work with our communities and not against us.