[0:00] We'll call this meeting to order. This
is a work session, Mayorbrough Council
[0:03] versus Asbury Park County Motion, State
of New Jersey, held on Thursday,
[0:07] September 3rd, 2026, advertised for 7:00
p.m. Pursuant to the provisions of New
[0:13] Jersey's Open Public Meetings Act,
adequate notice of this meeting was
[0:16] properly provided by transmitting the
notice of meeting for publication in the
[0:20] Asbury Park Press and the Ocean Star on
January 2nd, 2026. Notice of meeting the
[0:25] governing body also has been posted in
the corridor of the municipal building
[0:29] and in the office of the municipal
clerk. Roll call.
[0:32] » Councilmember Condos?
>> Here.
[0:34] » Councilmember Condos?
>> Here.
[0:35] » Councilmember Kraft?
>> Here.
[0:37] » Councilmember Octander?
>> Here.
[0:40] » Councilmember Twohill?
[0:43] » I have not heard word that he is not
coming, so I
[0:47] He's not?
>> I think he had
[0:49] » I know he had a work
>> event for some
[0:51] » There was a work event. Yeah, I knew
that, but I I don't know.
[0:54] » Will he still make the regular meeting?
>> Um Council President Will?
[0:58] » Here.
>> Mayor Pearson?
[0:59] » Here.
>> Thank you.
[1:02] » The item for discussion
entailed There was an email, I think,
[1:07] went around everybody with an attached
video.
[1:12] And on
just for information purposes for
[1:16] everybody's benefit, there's a
resolution that had been passed by the
[1:21] Borough Bay Head governing body. There's
been
[1:25] talk of it in Manaloking as well, but I
don't think they passed a resolution.
[1:31] The resolution basically just points out
the federal regulations, doesn't
[1:36] say anything else, and
I mean,
[1:40] I can say I've never had a complaint or
call about this issue except this recent
[1:47] email with the video.
Uh
[1:50] and I've read about it in the papers. In
Bay Head, I think it was during daylight
[1:55] hours, and there were beach goers. I
think this person claims it's after
[2:00] hours in Seaside Park, but I don't I
don't know if anybody's walked the
[2:05] beach.
>> in the West hole. I don't think it was
[2:07] our beach because there's a whole lot of
lights to the uh south.
[2:10] » It didn't Yeah, that's what I was
looking for. Any badge box, anything
[2:13] looked like Seaside Park, and it didn't
seem I don't know if anybody else
[2:17] » background did not look like anything I
recognize.
[2:20] » To the to the south was uh
there was a lot of lights like from the
[2:25] pier and like maybe uh Seaside Heights
and that way there.
[2:28] » It could be that, yeah.
>> And Manalapan, maybe?
[2:32] » I guess Bay Head's had a problem because
they actively chumming for sharks and
[2:38] lowering them in and there were bathers
and surfers and surf fishermen all
[2:43] active in the area, so that
but I don't know unless if anybody has
[2:48] had any complaint. The lifeguard
captains never
[2:51] notified me. I don't know if any
>> I've never heard from
[2:54] » I haven't heard at all.
>> In all my
[2:57] years up there.
>> I spoke to the fire chief and he said he
[3:00] sees it a lot from cuz he lives right on
the ocean. He said he sees these drones
[3:04] at night a lot.
>> Wow.
[3:07] » Fishing?
[3:09] Who was that?
>> Dennis.
[3:11] » Oh, Dennis.
>> Oh.
[3:13] » So, just a question. Um
if I understood correctly, both Bay Head
[3:18] and Manalapan said they didn't pass
ordinances. They basically did
[3:21] resolutions reinforcing what the state
laws already are.
[3:24] » Yeah, that's right.
>> That's not even Yeah, it's not even
[3:27] It's not even state. I don't know if
Manalapan did it. They just talked about
[3:31] it.
>> Okay.
[3:33] » I don't
>> So, what I know is I was doing similar
[3:36] that was what this resolution tonight
>> That's what this person is asking I take
[3:40] action. I don't know. I talked to Steve
briefly before.
[3:43] The issue then becomes enforcement and
Yeah, we don't have enforcement. It's a
[3:50] federal I don't
I don't
[3:52] » with
with
[3:54] fishing? sharks. You need a HMS HMS
permit. I have one. I don't have the
[4:00] shark endorsement,
but even so, the permits are really for
[4:04] boats and not
personal
[4:06] anglers.
So, I guess that makes it illegal to
[4:10] catch sharks from land. Yeah, it sounds
that way. Now, is the Coast Guard the
[4:15] only enforcement I don't I don't think
local authorities have
[4:20] » Um
>> I don't know.
[4:22] » I I think typically it's the federal
regulatory enforcement.
[4:24] » Yeah.
It's federal, but
[4:29] » That's not to say that the state police
couldn't do it
[4:32] because
you know, on their website they say it's
[4:35] illegal to do it.
>> Yeah, it is on
[4:38] » Well, they had they had notice. I mean,
you see it in the packet there, it says
[4:42] that
the violation is a disorderly person's
[4:45] offense.
So.
[4:48] » That's New Jersey law under our criminal
>> code.
[4:51] It's about using unmanned aircraft for
taking wildlife.
[4:57] » Mhm.
>> That's That's on the books in New Jersey
[5:00] law.
>> That's true. They don't
[5:02] specifically say shark, but it's
wildlife.
[5:05] » Wildlife, anything.
>> Yeah.
[5:11] » So, we if we pass this resolution
and it's clear like in that second
[5:17] section, I guess where it has number 3B
where it basically is saying, you know,
[5:20] you can't do it from shore.
It's covering that, but what do we
[5:26] actually do about it then? Do we just
like our police department have to do
[5:29] anything or
>> I don't think they don't have authority
[5:33] out on the boardwalk.
>> putting it out there, reminding people
[5:36] that this is the law.
>> That's all that they have seems to be
[5:39] doing.
>> That's what I'm saying.
[5:40] » It just says
>> It's a courtesy reminder, don't do it
[5:42] here because
>> says the bureau recognizes existing
[5:45] federal and state regulatory governing
framework governing recreational fishing
[5:50] of Atlantic highly migratory species and
encourages all anglers to familiarize
[5:55] themselves with the permitting
requirements. That's That's it.
[6:01] So, it's just telling people to follow
the law.
[6:03] » notice to follow the law. Correct.
>> We support the law like we do every
[6:07] other state.
>> You guys just playing devil's advocate
[6:11] to the gentleman who wrote to you and to
the council. You know, you say okay, we
[6:16] we have this. We put this in place. This
was the action we took. It really is all
[6:20] we think we are
really so many things to do.
[6:23] » public notice.
>> Right. Okay. That's
[6:31] So, would you like us to put a similar
public notice out on our social media
[6:34] platforms?
>> Yes. In fact, said website and social
[6:37] media the way you and that little
master.
[6:41] Yeah, I didn't take a good look at at
that. I don't know that the definition
[6:45] of wildlife under that 2C actually
includes sharks, to be honest with you.
[6:50] There is a Department of Fishing Game. I
deal with them I deal with the
[6:54] department all the time for their
ordinance violations and
[6:58] there may be a definition in the
administrative code for wildlife that
[7:02] just may not include sharks, to be
perfectly frank. And I'm not commenting
[7:06] on what Bayhead did at all. Yeah, but
but I will tell you I haven't had a
[7:09] chance to really take a look at that. I
would hesitate
[7:12] to do anything on it until I could take
a look at it and see if that
[7:16] uh 2C actually applies to sharks
as it does to wildlife. I'm not so sure.
[7:22] » That's from the state perspective, but
it's still against
[7:25] » Yeah, but if it's wildlife, I mean, I
don't know that
[7:28] it applies to sharks. I'm not I'm not
Again, I'm not questioning it. I'm just
[7:32] saying I haven't had a chance to give
you a legal opinion on it.
[7:36] » I don't think we want another sign for
the beach. That's my opinion. I don't
[7:39] need another sign. I think, you know, if
you want to put educational on the
[7:42] website, but I don't want shark posts.
It said
[7:45] » Yeah, it's social media.
>> All right, yeah.
[7:50] » I want to want to have
further discussion at Steve's office
[7:54] look into it more.
Yeah.
[7:57] » Yes, leave the statement
>> Yeah.
[7:59] » still correct.
>> Mhm.
[8:02] Okay.
[8:06] » Yeah, that makes sense.
>> That was the
[8:10] item that I had
come in. Does any other council member
[8:15] have a work session item at this
juncture?
[8:19] » I don't have an item to discuss and I
don't know if maybe I can save it for
[8:23] later, but just as a status for
recreational, there's been a lot of, you
[8:27] know,
things that we've been talking about, so
[8:29] we do have a meeting scheduled for
tomorrow morning, so hopefully after
[8:32] that we'll be able to update everybody
on some next steps.
[8:36] » Yeah.
We have four items on the agenda
[8:38] tomorrow, at least.
>> Easy that turns into six or eight or 10.
[8:41] » Right.
>> Yeah.
[8:47] » [clears throat]
>> I know we have need for a
[8:51] what we hope will be a
fairly short closed in between the work
[8:56] session and the regular as to potential
litigation.
[9:02] But at this juncture, unless anything
further from council, I would go into
[9:06] the public if there's any public comment
on the work session item.
[9:10] All right, if anyone has any, if they
could give their name and address into
[9:14] the record.
Don?
[9:17] » Hello, Don Whitman, 5201 Unit A.
Uh, you were talking about the shark
[9:22] fishing. I think we're very fortunate in
that we have Island Beach State Park.
[9:27] Most people do a lot of the fishing down
Island Beach State Park for sharks.
[9:31] Uh, I'll tell you that right now. A lot
of people it's it's no lights,
[9:36] it's away from people, and if they do
shark fish it's down there.
[9:41] Same thing with fishing game, their
responsibility is just to check to see
[9:45] if I have a license saltwater fishing
license.
[9:48] If I don't have a saltwater fishing
license, I'm not supposed to be fishing.
[9:53] Now, the problem is with fishing game,
they're supposed to do all of these
[9:56] state parks all the way up the coast.
They don't have a lot of people to
[10:01] check. And it is a state responsibility
to really
[10:08] check who's doing what. But, I know in
our section down where we are, I have
[10:13] not seen or heard of many people going
out shark fishing from the beach, but
[10:18] down down the island I have heard people
fishing down there. So, I you know, I
[10:23] just hope that
this will give you a little input. And
[10:27] right now, is it really something that
we need here? You know, let's say people
[10:32] come down here to fish.
If they do get a shark, uh
[10:37] you know, I it's
we're in an an area where it's
[10:41] recreation is important,
and fishing is important, and I don't
[10:45] want to see people not come here because
we're saying you can't
[10:49] you know, you can't go out shark fish. I
don't do it, but
[10:54] I said, thank you.
>> So, real quick, the
[10:57] the statute does uh
title 23, they refer me to title 23 for
[11:03] a definition for wildlife under the 2C,
which is clear you can't use a drone to
[11:09] to uh
to get wildlife. Wildlife means any wild
[11:13] mammal, bird, reptile, amphibian, fish,
shellfish, mollusk, crustacean, or other
[11:19] wild animal, or any part, product, egg,
or offspring, or the dead body or parts
[11:23] thereof.
>> It's everything.
[11:24] » So, there you have it. That's wildlife.
So, the 2C would definitely apply to
[11:28] having a drone used to if you a shark.
It's illegal.
[11:32] Period.
>> [clears throat]
[11:33] » It's that simple. It's only person's
offense.
[11:35] » Okay.
>> Thank you. See that? Now they're going
[11:38] to bill you for that, I'm sure.
[11:44] » [laughter]
>> It doesn't go on and say about the
[11:46] enforcement.
>> Well, I'll have to research that.
[11:50] » [laughter]
[11:52] » That's a state perfect thing to
>> Yeah, so there's a definition. Thank
[11:55] you.
>> Thank you, sir.
[11:56] » Any other comments on the work session
items?
[12:00] Hearing none, I would entertain a motion
uh to
[12:05] close the public portion of the work
session and go into a closed executive
[12:11] session uh whereas the governing body
feels under the open public meetings act
[12:17] uh it is necessary in certain
circumstances to exchange exclude the
[12:20] public and the governing body wishes to
discuss as indicated potential
[12:25] litigation with minutes to be kept once
the matter involving the confidentiality
[12:29] of the above no longer requires that
confidentiality, then the minutes would
[12:33] be made public and the public be
excluded.
[12:37] » [clears throat]
>> Do we have such a motion?
[12:39] » I'll make a motion, man.
>> Council member Condos, seconded by
[12:41] Council President Wilk Wilko.
>> Council member Condos?
[12:45] » Yes.
>> Council President Wilk?
[12:47] » Yes.
>> Council member Condos?
[12:49] » Yes.
>> Council member Craft?
[12:51] » Yes.
>> Council member Attendant?
[12:53] » Yes.
>> Motion approved.
[12:54] » And
we
[12:58] We already had public comment on the
work session
[13:01] and motion to adjourn the work session
take one break few seconds and then go
[13:08] right into the regular meeting.
And so, do we have such a motion?
[13:13] » I'll make motion.
>> Motion by Council member Condos.
[13:15] » I'll second it.
>> And seconded by Council President Wilk
[13:18] Wilko.
>> Council member Condos? Yes. Council
[13:21] President Wilk?
>> Yes.
[13:23] » Council member Connor?
>> Yes.
[13:25] » Council member Craft?
>> Yes.
[13:26] » Council member Attendant?
>> Yes.
[13:28] » Motion approved.