This Shucks!

By Art Gallagher and Grace Cangemi

The NY/NJ Baykeeper's Oyster Restoration program has been ordered shut down by the New Jersey Department of Environmental Protection.

The Baykeeper has been working to restore oyster beds to the Hudson-Raritan Estuary since 1999 in an effort to improve its ecological integrity. Oysters were once so prevalent in the Raritan Bay that streets in the Tottenville section of Staten Island were paved with oyster shells. This weekend, Delaware Bay Oysters were sold at the Highlands Clam Festival, walking distance from the Raritan Bay.

Yesterday during a press conference, the Baykeeper removed approximately 300 of the 50,000 oysters that they have been growing in the contaminated waters of the Raritan Bay in Keyport.



NJDEP's order is apparently the result of a U.S. Food and Drug Administration finding that NJDEP is delinquent in its patrolling of shellfish waters, so much so that USFDA is threatening to shut down New Jersey's interstate shellfish industry to interstate commerce, according to an article in the Asbury Park Press last week.

The concern, as expressed by NJDEP, is that poachers could steal the Baykeeper raised oysters, which are in high bacteria waters of the Raritan Bay, and sell them into the food supply.

Larry Ragonese, spokesman for the NJDEP told MoreMonmouthMusings that their policy is to prohibit the continued growing of commercially viable shellfish in contaminated state waters. The Raritan Bay has high levels of fecal bacteria. Ragaonese said that during an inspection of the site in July, "We found that about 20% of the shellfish were near or at commercial size already. There was no security of any sort."

USFDA's Annual Program Evaluation Report of the State of New Jersey Shellfish Program for the Fiscal Year 2009 criticized NJDEP for inadequate enforcement patrols to prevent illegal shellfish harvesting. The report said that 70% of New Jersey's designated Patrol Areas (21 of 30) were not in compliance during one or more thirty day Patrol periods.

Ragonese told MMM that NJDEP has not been compliant with USFDA patrolling requirements for many years. The Corzine administration diverted enforcement funding two years ago. Funding was cut further in Governor Christie's budget.

The Christie administration's DEP is committed to complying with the FDA. "This is not an issue of the DEP vs. the Baykeeper," said Ragonese, "It's the State of New Jersey's $790 million shellfish industry which provides livelihoods for thousands."

Despite the budget cuts, the new leadership of DEP has cobbled together an increased and improved patrol staff to be able to do the minimum required patrolling of waters where commercial shellfish harvesting is permitting, thereby preventing a potential shutdown of the $790 million dollar industry. The money is not there to patrol a research site in contaminated waters.

Ragonese also said that DEP would prefer that the Baykeeper raise a different species of oyster and that there is a open offer to replant the Keyport site with a different species.

The Baykeeper disputes that their project endangers the food supply or the commercial shellfish industry.

Debbie Mans, Executive Director of the NY/NY Baykeeper, said "The DEP seems to fear that there are people out there who will find our reefs - though underwater at all times, - choose our oysters - though they are too small for human consumption, - remove them -though they are firmly affixed to immovable structures, -and then sell them to unwitting consumers."

Mans showed MoreMonmouthMusings the oysters that were destroyed on Monday to make her point.

"DEP considers an oyster this size saleable," said Man, "an oyster this size is too small for market and there are very few this big in our reef." "Most are very small like these larvae attached to this clam shell."

The Baykeeper proposed moving their 50,000 oysters to a site on the Shrewsbury River. DEP did not approve the site and said the oysters should be moved to the cleaner waters of the Delaware Bay or disposed of as solid waste.

Congressman Frank Pallone sent a letter to DEP Commission Bob Martin, asking that the shut down be delayed. "The illegal actions of a few should not be allowed to jeopardize the ecological integrity of some of our most important coastal waters,'' Pallone wrote, "To endanger the proven success these programs have had would set a poor example for future initiatives. Oysters clean the ecosystem acting as natural water filters that would otherwise be costly to the state.''

Highlands Mayor Anna Little, who opposing Pallone is this November's election, contacted the Baykeeper to propose a solution. Little lives on the Shrewsbury River and has riparian rights. She offered her own property as a temporary home to the reef. In the event that was not acceptable to DEP, Little contacted the Highlands Baymen Association which operates the James T. White Depuration clam plant. The Baymen were agreeable to treating the oysters, making them edible, and selling them on the market with a large portion of the proceeds going to the Baykeeper.

Man was aware of Little's offer to host the reef which she said was attractive because it would eliminate the need for a Tidal Commission permit. However, DEP would still have to approve, she said. Man said the depuration would not work, because the oysters are too small to be marketable.

While these oysters were destroyed yesterday, Man and her team have not given up. In addition to Little's offer, the NOAA facility on Sandy Hook has offered the reef a temporary home, while the Baykeeper continues to look for a permanent solution acceptable to DEP.

NY/NJ Baykeeper's Oysters Have Been Destroyed

The DEP and the NY/NJ Baykeeper failed in their efforts to find an acceptable location in the Hudson/Raritan estuary for the 50,000 oysters were part of the Keyport Oyster Reef.

The Baykeeper killed the oysters yesterday and disposed of them as solid waste, according to Debbie Mans, Executive Director and Baykeeper.

The organization has entered into discussions with the Navy to initiate a feasibility study to evaluate restarting the Raritan Bay Oyster Restoration Project in the secured waters of the Earle Naval Weapons Station.

While it is regrettable that a non-profit's good work over the last year has been both wasted and thrwarted, DEP did the right thing in this instance. However remote, there was a public health risk from poaching. There was a real economic risk of the Federal government shutting down New Jersey's $790 million shell fish industry.

The new leadership of the DEP, under the leadership of Commissioner Bob Martin, is cleaning up the a mess inherited from the Corzine administration. To their credit, DEP has not said that. That's me connecting the dots.

Corzine's DEP failed the Baykeeper when they issued a permit from the Oyster Restoration Project last September. DEP's enforcement budget for patrolling shell fish waters had already been cut. The USFDA was already scrutinizing and criticising the safety of the NJ shell fish industry. Issuing the Baykeeper a permit to raise oysters in unsecured contaminated waters was irresponsible under those conditions.

Had Corzine's DEP rejected the Keyport location a year ago for lack of security, as it should have, the Baykeeper would be that much closer to having a home for its project at Earle now.

Congressman Frank Pallone's performance in this matter is perfectly consistent with the representation he has provided the 6th congressional district over the last 22 years; long on rhetoric and way too short on results. Another Pallone failure.

When this issue broke at the end of July, Pallone asked DEP Commissioner Martin to delay shutting down the project.

In a letter to Martin, Pallone said, "The illegal actions of a few should not be allowed to jeopardize the ecological integrity of some of our most important coastal waters. To endanger the proven success these programs have had would set a poor example for future initiatives. Oysters clean the ecosystem acting as natural water filters that would otherwise be costly to the state." (emphasis added)

Pallone is telling Martin to put the oyster reef project before public health and before the shell fish industry. Good thing Martin didn't listen.

What has Phoney Palloney done for the ecological integrity of the Raritan Bay in the last 22 years? Talked about it.

What proven success of these programs? This program was less than a year old when it was shut down. It was a good program. I support it. I've given money to the Baykeeper in the past and I will again. But this particular program is not a proven success. Since its inception in 2001, the Keyport project has suffered many set backs. More Phoney Palloney hot air.

Oysters clean the ecosystem acting as natural water filters that would otherwise be costly to the state." What is Pallone even saying here? Does he think Martin doesn't know about how oysters filter water? Does he know about some "costly" clean up program on the state's horizon that will clean up the bay? The man is an embarrassment.

To add insult to injury, Pallone was in Edison, along the Raritan Bay, with Federal EPA Commissioner Lisa Jackson, Corzine's DEP commissioner, on August 3 while the DEP and the Baykeeper were in the midst of their sometimes heated negotiations over the oyster reef project. They were there to tout a $4-$5 million federal investment in 5 trailers that will be "an environmental SWAT team." $1 million per trailer? How do I get in on that deal? Never mind, I'm not contributing to Pallone's campaign coffers.

As the former DEP commissioner under Corzine, Jackson was complicit in defunding the patrolling of the shell fish waters. Pallone has been missing in action with regard to the Raritan Bay ecology for 22 years. Rather than tell Martin to give the project some more time under dangerous conditions, Pallone should have been working with the FDA, the EPA and his fellow memebers of congress to at the very least get funding for the patrols. As a federal representative, why didn't Pallone contact the Navy to broker a solution with Earle? He left that to State Senator Joe Kyrillos.

Kyrillos is to be commended for stepping up and reaching out to the Navy for a solution. Given the red tape required at all levels of government, especially federal, to get anything done, it is no surprise that the Navy could not move swiftly enough to save the current project. Maybe if we had a congressman who really cared and had some clout, the red tape could have been cut. For now we can hope that Earle will be a secure future home to oyster reefs.

Mayor Anna Little is also to be commended for her efforts to provide solutions rather than hot air to the problem. As a Bayshore Mayor, she more than most appreciates the importance to the bay's ecology to our region. She remains in contact with DEP and is advocating for the restoration of the bay.

KYRILLOS: DEP & BAYKEEPER MUST FIND COMMON GROUND ON OYSTER RESTORATION ISSUE

Positive Talks With US Navy Produce Possible Fix

Senator Joe Kyrillos (R-Monmouth, Middlesex) senior Republican member of the Senate Economic Growth Committee issued the following statement regarding the ongoing dispute between the State Department of Environmental Protection and the New Jersey/ New York Baykeeper over an oyster restoration project in the Raritan Bay:

“I have asked the DEP and the Baykeeper to communicate on the oyster research project underway in the Raritan Bay.

“I understand that the Baykeeper and the US Navy have had positive discussions regarding the relocation of the oyster research project to Naval Weapons Station Earle.

Since the DEP has been willing to support the relocation of the oysters in the past, I am confident that it will support the relocation of the project to a location secured by the Navy.

“I urge both the DEP, and the Baykeeper in conjunction with Navy, to work for a solution that will enable this valuable project to continue. My office will monitor this situation closely and work with all the parties involved in order to bring this dispute to a satisfactory conclusion.

“Oysters are a valuable support species that provide many benefits to the waters they inhabit, including providing habitat for many other species of marine life and cleaning the waters.”

“I commend the Baykeeper for their commitment to finding a creative solution to this problem that will help restore the health of the Raritan Bay.”

Christie Meets With Government and Business Leaders At The Shore

Governor Elect Chris Christie and Lieutenant Governor Elect Kim Guadagno visited with Ocean County Mayors and Monmouth County business owners yesterday.

In his meeting with the Mayors, Christie reaffirmed his committment to "gut COAH" and to reform the culture of DEP, according to the Asbury Park Press.

"We're going to continue to be aggressive in protecting the environment," Christie said, adding that he recognizes the economic importance of a clean environment for the Shore counties. For Barnegat Bay, Christie said he will seek a solution for the issue of cooling water discharge from the Oyster Creek nuclear power plant — although he stopped short of an outright commitment to requiring that cooling towers be built at the 40-year-old reactor.

The Press reports that Christie resisted the Mayors' call to end binding arbitration for police officers.

"I think for folks who can't strike, they need binding arbitration," Christie said. "There may be some tinkering we can do." Christie said he will also talk to rank-and-file police and fire union members, who supported him in his run for the governor's seat.

Asbury Park Press photo

The meeting with business owners, members of the Northern Monmouth Chamber of Commerce, took place at Guttenplan's Frozen Dough Specialist on Route 36 in Middletown, where company President Abe Littenburg gave Christie, Guadagno and Senator Joe Kryillos a tour of the plant.

Bill Saloukas, owner of Broad Waverly Staffing, Red Bank, expressed concerns about the sky rocketing cost of workers compensation insurance and urged Christie and Guadagno to allow for more competition in that market.

Cliff Moore, owner of IHOP franchises in Keyport and Neptune, urged a renewed commitment to tourism promotion and to revitalizing the Route 36 and 35 corridors. Spiro Pappas, owner of the Comfort Inn, Middletown said that more of the revenue generated by the hotel tax should be used for tourism advertising.

The costs of health care, unemployment taxes and abuses and regionalization of municipals governments were among the other concerns expressed by members of the group.

Guadagno said that Christie had charged her with reviewing all state regulations during the first 90 days of their administration. Christie noted that they will be relying on business groups for suggestions for regulatory reform. "We want to impact the regulations that are hurting businesses," he said, "we're not interested in going through an exercise of review and to change regulations are not a problem."

Christie noted that the top income tax rate of 10.75% is set to expire in June and that he would not renew it.

A Message from NJGOP Chair Tom Wilson

Tomorrow the legislature will vote on the Democrat’s budget.


Now our state government spends more than $10 billion of taxpayer's money than it did just five years ago. That’s an increase of $1,000 for every man, woman in child in the state!!!

It really is unbelievable that Jon Corzine and the Democrats can't find a single cent to cut. Instead they are proposing increasing spending to a record level of $33.5 billion dollars with another $300 million in political pork.

The Democrat’s budget is a slap in the face to every family that stays up late at night wondering how to make ends meet and put something away for the future. This budget does nothing to provide sustainable tax relief. This budget does nothing to stimulate the economy. This budget lacks any sort of bold vision or significant course correction that New Jersey so desperately needs.

Rather than providing sustainable property tax relief to everyone, the Democrats decided to fund more frivolous programs for such illustrious things as a subsidization of the Newark Bears baseball team and Oyster Research Development.

Just take a look at their record…

Democrat’s Record By The Numbers

$33.5 Billion - This year's Budget Spending.

$300 Million - New political pork

$10 Billion or 45% - The amount government spends more than it did just five years ago.

$1,000 - The increased amount every man, woman and child in the state have to pay for the Democrat’s increased spending.

94 - The number of new taxes imposed by the Democrats in the last five years.

$6.2 billion- The amount of new revenue generated by the taxes enacted by the Democrats.
People want a change. They are sick and tired of seeing the Democrat majority do nothing to reform property taxes, do nothing to cut waste out of the budget, and do nothing to confront the seemingly endless parade of politicians being indicted for lining their pockets with taxpayer money.

That’s why Republicans in the legislature are fighting to cut wasteful spending and unnecessary spending by $1.5 billion and redirect those funds to additional property tax relief and school aid.

Republican’s Solution To Make NJ Affordable Again

$1.5 Billion - The amount wasteful spending identified and proposed by Republicans to be cut to fund additional property tax relief and school funding.

$0- The amount of political pork Republicans propose in this year’s budget.

$300 million - The amount of increased funding proposed by Republicans for suburban school districts.

$1 Billion - The amount of additional direct property tax relief proposed by the Republicans to provide a 30 percent property tax cut for all seniors and families earning less than $200,000 and a 20% cut to all taxpayers.
The contrast couldn’t be any starker between the Democrat’s reckless taxation and wasteful spending versus our party’s plan to put common sense and fiscal accountability back in the management of state finances.

That is why we need you. I need your help to get the Republican Party’s positive message out to those who might not have heard it. People won’t always take in a political speech or a piece of glossy election mail, but they will listen to a friend, a family member, or a neighbor. They will listen to you. Together, we can reach out to our friends, our family and our neighbors.



Sincerely,



Tom Wilson

Crystal Beacon Awards

Republicans, Democrats and Independents throughout Monmouth County gathered at the Oyster Point Hotel in Red Bank last night for the Northern Monmouth Chamber of Commerce's annual Crystal Beacon Awards Dinner.

My fears, as president of the Chamber, that food fights would break out if we brought all of these people together and served cocktails were unfounded. Quite the contrary, as 170+ people including elected officials and political leaders of both parties embraced their differences and celebrated what is great about Northern Monmouth County.

The Chamber honored U.S. Attorney Christopher Christie as the Public Servant of the year.

Victor Scudiery, owner of IEI Electronics, the Airport Plaza Shopping Center, a supporter of various Bayshore charities, and the the chairman of the Monmouth County Democratic party was honored as the Business Ambassador of the Year.

The Timothy Pauxtis Foundation, founded by Susan and Jay Pauxtis in memory of their son, Timmy, who succumbed to brain cancer at 10 years old, was honored as the Non-Profit Organization of the Year. In their first year, the foundation endowed a scholarship fund for Middletown high school seniors who want to pursue studies in pediatric nursing, and raised over $70,000 for cancer research at the Children's Hospital of Philadelphia. Dr. Peter Phillips, Director of Neuro-Oncology at the Children's Hospital traveled from Philadelphia to present the award to Susan and Jay.

Lynn Conover, CPA and partner in the Curchin Group, Middletown, was honored with The President's Award for her outstanding service to the business community and to the Northern Monmouth Chamber of Commerce in particular.

It was a special event, highlighted by the fact that so many people who are competitors, in business and politics, could come together as a community and appreciate each other, including their differences, and celebrate those who make an extraordinary contribution.

Jim Purcell has more extensive coverage and video at InsideClamdigger.

Jim's coverage has been picked up by The Star Ledger.