N.J. Admin. Code § 7:7-12.21

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:7-12.21 - Submerged cables

(a) Submerged cables (cables) are underwater telecommunication cables, and shall include all associated structures in the water such as repeaters.

(b) Submerged cables, or portions thereof, which are not located in the Atlantic Ocean shall meet the following conditions:

1. The cable shall not be sited within special areas, unless no prudent and feasible alternate route exists;

2. Directional drilling for the installation of cables is encouraged over the use of trenching;

3. The cable route minimizes areas where anchors are likely to foul the cable; and

4. The alignment of the cable route is marked at the landfall. This provision does not apply to cables that are directionally drilled.

(c) Submerged cables, or portions thereof, which are sited in the Atlantic Ocean shall meet the following conditions:

1. Siting a cable in the Atlantic Ocean is discouraged unless the cable complies with the following:

i. If the cable is either sited within surf clam areas, N.J.A.C. 7:7-9.3, or sited within areas where marine fish, as defined at N.J.A.C. 7:7-16.2, are commercially harvested using mobile bottom-tending gear, no prudent and feasible land-based alternate route exists and the cable follows the shortest route to waters beyond the surf clam areas and areas where marine fish are commercially harvested using mobile bottom-tending gear; and

ii. If the cable is sited within prime fishing areas, N.J.A.C. 7:7-9.4, shipwreck and artificial reef habitats, N.J.A.C. 7:7-9.13, or historic and archaeological resources, N.J.A.C. 7:7-9.34, no prudent and feasible alternate route exists outside of these special areas and the cable follows the route with the least disturbance to these special areas;

2. The submerged cable, shall be buried to a depth of at least 1.2 meters both in surf clam areas, N.J.A.C. 7:7-9.3, and in areas where marine fish, as defined at N.J.A.C. 7:7-16.2, are commercially harvested using mobile bottom-tending gear except where it is demonstrated that it is not practicable to bury the cable to 1.2 meters due to geologic or topographic features or crossing of existing in-service cables. Where it is demonstrated that achieving the depth of 1.2 meters is not practicable, the cable shall be buried as close as practicable to the above standard;

3. Where a submerged cable will cross an existing in-service cable either within surf clam areas, N.J.A.C. 7:7-9.3, or within areas where marine fish, as defined at N.J.A.C. 7:7-16.2, are commercially harvested using mobile bottom-tending gear, the cable company shall minimize the impact of cable crossings on commercial fishing and minimize the risks to the proposed and existing cables, as follows:

i. The cable shall be buried to the depth of the existing cable or as close thereto as practicable at the crossing;

ii. The number of cable crossings shall be minimized;

iii. The location of the cable route shall be adjusted after consultation with the fishing interest groups identified in N.J.A.C. 7:7-4.2(a)3 in order to reduce the impact of cable crossings on commercial fishing, to the maximum extent practicable; and

iv. The permittee shall, to the maximum extent practicable, share information and otherwise cooperate with those responsible for any cables being crossed and with installers of subsequent cables crossing the subject cable so as to reduce the impacts of cable crossings on commercial fishing.

4. Where a submerged cable will cross an existing out-of service cable either within surf clam areas, N.J.A.C. 7:7-9.3, or within areas where marine fish, as defined at N.J.A.C. 7:7-16.2, are commercially harvested using mobile bottom-tending gear, the cable company shall minimize the impact of cable crossings on commercial fishing and minimize the risks to the proposed and existing cables, as follows:

i. Where the out-of-service cable is buried less than 0.6 meter, the out-of-service cable shall be cut, and recovered for proper disposal for a distance of at least 500 meters on each side of the selected cable crossing. For surface laid out-of-service cables, the ends of the remaining out-of-service cable shall be re-laid flat on the seabed to minimize problems for other seabed users. For buried out-of-service cables, the ends of the remaining out-of-service cable shall be re-buried to the original depth;

ii. Where the out-of-service cable is buried between 0.6 and 1.2 meters, the out-of-service cable shall, if practicable, be cut and recovered for proper disposal for a distance of at least 500 meters on each side of the selected cable crossing. The ends of the remaining out-of-service cable shall be re-buried as close as practicable to the original depth, and in no case to a depth of less that 0.6 meters. If the out-of-service cable cannot be cut and recovered, the cable crossing shall comply with (c)3 above; and

iii. Where the out-of-service cable is buried more than 1.2 meters, the cable shall be laid over the out-of-service cable at the depth prescribed in (c)2 above;

5. Directional drilling for the submerged cable landing is encouraged over the use of trenching to minimize impacts to beaches, dunes, and shallow water areas;

6. The submerged cable route minimizes areas where anchors are likely to foul the submerged cable;

7. Prior to installation of the cable, the permittee shall obtain a financial assurance from a lender or insurer regulated and authorized by the New Jersey Department of Banking and Insurance to transact business in New Jersey. The financial assurance shall be in an amount sufficient for the Department to hire an independent contractor to remove the inactive cable should the permittee fail to do so. Letters of credit, surety bonds and insurance assuring that the Department could hire an independent contractor to remove an inactive cable shall be acceptable to satisfy the financial assurance requirement. The financial assurance shall be released upon the permittee's removal of the cable or upon the Department's determination that the cable may remain in place in accordance with (c)11 below;

8. After the submerged cable has been installed, a long-term inspection and maintenance plan, approved by the Department, shall be implemented both within surf clam areas, N.J.A.C. 7:7-9.3, and within areas where marine fish, as defined at N.J.A.C. 7:7-16.2, are commercially harvested using mobile bottom tending gear, to ensure that the cable remains at the authorized depth and location. The plan shall provide for the following:

i. An inspection immediately following cable installation;

ii. An inspection two years after cable installation;

iii. An inspection every five years after the inspection required at (c)8ii above;

iv. An investigation within six months after the Department reports to the permittee that it has received information suggesting that the cable has been uncovered. If appropriate, such investigation shall include an inspection of the cable. The Department may require an inspection after reviewing the report submitted pursuant to (c)9 below; and

v. Reburial of the cable within 90 days, if practicable, and in no case later than six months after the permittee discovers that the cable has been uncovered. Reburial shall be to the depth prescribed in (c)2 above to the maximum extent practicable;

9. A report containing the results of the initial inspection required in (c)8i above shall be submitted by the permittee to the Department within six months following the inspection. The report shall identify all areas where inactive cable has been cut and all areas where the cable is not buried to a depth of 1.2 meters, and indicate the actual depth in those areas. The report shall also provide the installed route of the cable. All locations shall be reported using latitude and longitude coordinate pairs, in the WGS 84 (World Geodetic System 1984) datum, that were arrived at using the global positioning system (GPS). To reduce the impacts of fishing on cables by notifying the commercial fishing industry of the locations of areas where the cable is buried less than 1.2 meters deep, a copy of the report shall be submitted to the fishing interest groups identified in N.J.A.C. 7:7-24.3(f);

10. A report containing the results of inspection and maintenance of the submerged cable required in (c)8 above, if applicable in the reporting year, a discussion of storm events which could have affected the cable, and reported hits of the cable for the previous year shall be submitted by the permittee to the Department in January of each year. The report shall also indicate if and when the cable becomes out-of-service;

11. Within two years of taking the cable out of service pursuant to Federal Communications Commission regulations, the submerged cable shall be removed both from surf clam areas, N.J.A.C. 7:7-9.3, and from areas where marine fish, as defined at N.J.A.C. 7:7-16.2, are commercially harvested using mobile bottom-tending gear. The Department may allow all or portions of the cable to remain in place if leaving the cable in place would not result in a long term adverse impact to the ocean and/or ocean resources, and the cable would not unreasonably interfere with fishing or other uses of the seabed. A permittee who seeks to leave an inactive cable in place shall submit a request, including the reasons and justification for leaving the cable in place. The Department shall solicit public input on the request, including input from the fishing interest groups identified in N.J.A.C. 7:7-24.3(f); and

12. If portions of the cable located either within surf clam areas, N.J.A.C. 7:7-9.3, or within areas where marine fish, as defined at N.J.A.C. 7:7-16.2, are commercially harvested using mobile bottom-tending gear, are not buried to a depth of 0.6 meters, the permittee shall provide a one-time monetary contribution to the Department's dedicated account for shellfish habitat mitigation. The amount of each mitigation contribution provided under this section shall be based on the length of cable that is not buried to a depth of 0.6 meters, based on the inspection required in (c)8i above. The contribution will be calculated at the rate of $ 100.00 per meter of cable which is buried to a depth of less than 0.6 meters. Monies in the Department's dedicated account for shellfish habitat mitigation are to be administered by the Department's Bureau of Shellfisheries and utilized for shellfish habitat restoration, enhancement, and related research projects.

(d) Rationale: Historically, the installation of surface laid submerged cables in the ocean has made certain areas effectively off limits to certain elements of the fishing industry, due to the possibility of snagging a cable. In estuarine areas, the installation of submerged cables may disrupt the ecosystem in which a submerged cable is placed. Therefore, the installation of submerged cables is discouraged in estuarine special areas unless no prudent and feasible alternate route exists. In the ocean, cable routes may encounter the surf clam and historic and archaeological resources special areas, as well as areas where marine fish are commercially harvested using mobile bottom-tending gear. Trans-Atlantic submerged cables have no alternative to crossing the ocean, but cables extending from one United States landing to another United States landing may have alternatives available. Therefore, the installation of such cables is discouraged in areas where marine fish, as defined at N.J.A.C. 7:7-16.2, are commercially harvested using mobile bottom-tending gear and in surf clam areas, unless no prudent and feasible alternate land-based route exists. To minimize conflict between cables and marine fisheries, including surf clamming, a cable for which there is no alternative location must take the shortest route to waters beyond Surf clam areas and areas where which marine fish are harvested using mobile bottom-tending gear. These standards governing installation and long-term maintenance of ocean cables have been developed taking into account current fishing technology, fishing practices, and burial technology in order to minimize the conflict between the cable and fishing industries.

N.J. Admin. Code § 7:7-12.21

Renumbered from 7:7E-4.20 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018