New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 15 - CLAM RELAY PROGRAM › Section 7:25-15.1 - Relay of hard clams

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This rule is intended to implement the hard clam relay program administered statewide by the Department of Environmental Protection (department). This rule must be read together with the shellfish growing water classification rules and definitions which appear at N.J.A.C. 7:12 and are subject to amendment at anytime. 58:24-2 requires the department to condemn immediately shellfish beds subject to pollution.
(b) The general intent of this rule is to control the relay of hard clams, (Ercenaria mercenaria) from Special Restricted, Seasonal Special Restricted, or Condemned Waters within the Atlantic Coast Section. These designated Special Restricted, Seasonal Special Restricted, or Condemned Waters will be charted by the department and such charts will be issued to participants and available to the public. Anyone who meets the requirements set forth below in this rule may participate in this program. If it becomes necessary to limit the number of participants, then applicants will be admitted in order of their application.
(c) The department will schedule areas for harvest and designate the landing site and so notify the participants. The department will designate certain specific areas as off limits to the use of clam rakes and tongs for the harvest of hard clams in such shallow water areas as it deems abundant with soft clams. Charts of the designated soft clam areas will be provided to all participants by the department. In these designated soft clam areas, the harvest of hard clams shall be permitted only by treading.
(d) Participants shall be furnished numbered receipt forms, with the date they are to be used, by the Division. These forms shall be completed in their entirety and signed by the harvester and also signed by the buyer if the shellfish are to be sold at the landing site, for each date used. Completed and all used receipt forms shall be sent to the Division's Bureau of Shellfisheries' Nacote Creek Office no later than one week after the forms are completed.
(e) Any person who wishes to participate in this program must comply with the following conditions in order to be eligible for participation:
1. Possess a current, valid, commercial clamming license issued by the division (see N.J.S.A. 50:2 et seq.);
2. Possess one of the following special permits issued by the Division of Water Resources (58:24-3 and N.J.A.C. 7:12-2 ) to harvest and/or buy and/or sell hard clams from condemned waters:
i. Permit 5a: SPECIAL PERMIT TO HARVEST, BUY, SELL AND RELAY HARD CLAMS FROM SPECIFIED SPECIAL RESTRICTED SEASONAL SPECIAL RESTRICTED OR CONDEMNED WATERS IN CONJUNCTION WITH A STATE APPROVED SHELLFISH RELAY PROGRAM; or
ii. Permit 5b: SPECIAL PERMIT TO HARVEST HARD CLAMS FROM SPECIFIED SPECIAL RESTRICTED, SEASONAL SPECIAL RESTRICTED, OR CONDEMNED WATERS FOR SALE PURPOSES ONLY IN CONJUNCTION WITH A STATE APPROVED SHELLFISH RELAY PROGRAM; and
3. The above permits will show on their face the specific conditions that are deemed necessary for the proper operation of the shellfish relay program. All permittees are also required to comply with all other applicable statutes and regulations. Included with every permit will be department charts of the harvest areas showing specific sections within the estuaries that may be harvested on any particular day, as determined by the department.