Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Sets speed limit for vessels on Navesink River in Monmouth County.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the speed limit of vessels on the Navesink River and supplementing P.L.1952, c.157 (C.12:7-45 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person shall operate a vessel upon the Navesink River at a speed in excess of slow speed, no wake.
b. Any person who violates the provisions of subsection a. of this section shall be subject to a civil penalty of not less than $100 nor more than $500 for each offense. The Bureau of Marine Law Enforcement, established pursuant to P.L.1986, c.150
(C.53:1-11.11), and State and local law enforcement shall have exclusive authority to enforce this section and the penalty imposed shall be collected and enforced by summary proceedings under the "Penalty Enforcement Law of 1999," P.L.1999, c.274
(C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which the violation continues shall constitute an additional, separate, and distinct offense. The Superior Court and the municipal court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
c. Vessels that are utilized for law enforcement or emergency purposes shall be exempt from the requirements in subsection a. of this act.
d. The Bureau of Marine Law Enforcement, in consultation with the Boat Regulation Commission and pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), shall adopt any rules and regulations necessary to effectuate the purposes of this section.
e. As used in this section:
“Boat Regulation Commission” means the commission established pursuant to section 14 of P.L.1962, c.73 (C.12:7-34.49).
“Slow speed, no wake” means the speed at which a vessel moves through the water and is able to maintain minimum headway in relation to the vessel or structure being passed and producing the minimum wake possible.
“Vessel” means a boat or watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
2. This act shall take effect immediately.
STATEMENT
This bill would set a speed limit for vessels operating upon the Navesink River. Specifically, the bill would prohibit any person from operating a vessel upon the Navesink River at a speed in excess of slow speed, no wake.
As defined in the bill, “vessel” means a boat or watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. “Slow speed, no wake” means the speed at which a vessel moves through the water and is able to maintain minimum headway in relation to the vessel or structure being passed and producing the minimum wake possible. Slow speed, no wake is the speed utilized in “no wake zones” throughout the State.
Any person who violates the bill’s provisions would be subject to a civil penalty of not less than $100 nor more than $500 for each offense. In the case of a continuing violation, each day during which the violation continues would constitute an additional, separate, and distinct offense. The Bureau of Marine Law Enforcement as well as State and local law enforcement would have the exclusive authority of enforcing the bill’s provisions. Vessels that are utilized for law enforcement or emergency purposes would be exempt from the bill’s provisions. In addition, the Bureau of Marine Law Enforcement, in consultation with the Boat Regulation Commission, would be required to adopt any rules and regulations necessary to effectuate the bill’s provisions.
The Navesink River is located in Monmouth County as part of the Shrewsbury River Basin and is approximately 2,520 acres in size. Currently, surrounding areas, such as the entire width of the Shrewsbury River, are no wake zones where vessels are required to operate at slow speed, no wake. This bill would reduce the speed of vessels operating on the Navesink River to that of surrounding bodies of water. When vessels operate at slow speed, no wake, there is decreased wave energy hitting the shoreline, which can reduce erosion of the shoreline, protect shoreline ecosystems, and preserve shoreline property.