reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Authority. This Code is adopted pursuant to the provisions of 13:1B-29 et seq. and the provisions of 23:1-1 et seq.
(b) Judicial notice. 13:1B-34 provides in pertinent part, "(C)opies of the State Fish & Game Code, and its amendments, duly certified by the chairman of the council, shall be received in evidence in all court or other judicial proceedings in the State."
(c) Time. The hours listed in this Code are EST or EDT at date.
(d) Fishing for all species of freshwater fish is permitted 24 hours daily except on those days that certain trout waters are closed for stocking during March, April and May, pursuant to 7:25-6.3 and 6.4.
(e) Freshwater fish in excess of the daily limit may be caught, when permitted, provided they are immediately returned to the water unharmed.
(f) Except as provided in 7:25-6.20, or when fishing from a boat, canoe, kayak or similar vessel, the number of rods, and lines or hand lines shall not exceed three per person.
(g) The possession and/or release of live potentially dangerous fish species, identified in 7:25-6.2, is strictly prohibited. Potentially dangerous fish species encountered while angling shall be destroyed. There are no season, minimum size or creel limits on these species.
(h) Except for Greenwood Lake and the Delaware River between New Jersey and Pennsylvania, for which limits are specified in
7:25-6.19
and
6.20
, respectively, species of indigenous fish, identified in
7:25-6.2
, that do not have specified daily creel limits, may not be taken or possessed at any time. For all other species of freshwater fish that do not have specified daily creel and possession limits, the daily creel and possession limit in waters other than Greenwood Lake and the Delaware River between New Jersey and Pennsylvania shall be 25 in total.
(i) The New Jersey Fish and Game Council may modify the fishing seasons, minimum size limits, and possession limits of migratory species of Alewife, American Eel, American Shad, Blueback Herring, Hickory Shad, and Striped Bass, by notice in order to maintain and/or to come into compliance with any fishery management plan approved by the Atlantic States Marine Fisheries Commission pursuant to
16 U.S.C. §
											5104
(b) or to maintain consistency with any Mid-Atlantic Fishery Management Council plan adopted by the National Marine Fisheries Service. The Division shall publish notice of any such modification in the New Jersey Fish and Wildlife Digest and the New Jersey Register, and through e-mail to the Division's freshwater angler Listserv membership.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.3 - Trout

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in
7:25-6.4
,
6.5(a)
,
6.7
to
6.9
,
6.19
,
6.20
and (b)1 below, trout season shall commence 12:01 A.M. January 1 and extend to the pre-season closure. The trout season shall re-open on opening day and extend to include midnight December 31.
(b) Except as provided in
7:26-6.4
,
6.5(a)
, and
6.7
to
6.9
, (b)1 and (j) below, it shall be unlawful to fish for any species of fish during the pre-season closure in ponds, lakes, or those portions of streams that are listed herein for stocking.
1. Lake Hopatcong, Morris/Sussex County; Lawrence Brook, from Davidson's Mill Road bridge downstream to Farrington Lake dam, Middlesex County; Mountain Lake, Warren County; Swartswood Lake, Sussex County; Shenandoah Lake, and Prospertown Lake, Ocean County, will remain open to angling year-round. Trout taken during the pre-season closure must be returned to the water immediately and unharmed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.4 - Special regulation trout fishing areas-catch and release only

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following stream segments are designated as catch and release only areas for trout and are subject to the provisions at (b) below governing these areas on a year-round basis:
1. Big Flat Brook, Sussex County--from the concrete bridge on Route 206 downstream to the Roy Bridge on Mountain Road, a distance of approximately four miles, including the section of the Flat Brook, from the junction of the Big Flat Brook and the Little Flat Brook downstream to the Roy Bridge.
2. Raritan River, S. Br., Hunterdon County--the stretch of water known as the "Ken Lockwood Gorge," a distance of approximately 2 1/2 miles.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.5 - Special regulation trout fishing areas-Trout Conservation Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following stream segments are designated as Year-Round Trout Conservation Areas and are subject to the provisions at (c) below governing these areas on a year-round basis:
1. Toms River, Ocean County--a one mile stretch of river from the downstream end of Riverwood Park in Dover Township, defined by markers, downstream to the Route 571 bridge; and
2. Musconetcong River, Hunterdon and Warren counties--an approximate 1.2-mile stretch of the Musconetcong River near Point Mountain extending from the Penwell Rd. bridge downstream to the Point Mountain Rd. bridge.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.6 - Special regulation trout fishing areas-Trout Stocked Wild Brown Trout Managed Waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following streams, or portions thereof, are designated as "Trout Stocked Wild Brown Trout Managed Streams":
1. Hakihokake Creek --Little York-Mount Pleasant Rd, Little York, Alexandria Twp., Hunterdon to Delaware River;
2. Lopatcong Creek --Rt. 519, Harmony Twp., Warren to Delaware River;
3. Pophandusing Creek --White Twp., entire length;
4. Raritan River, S. Br. --Mill dam located 200 feet upstream from Schooleys Mountain Rd. (Rt. 517), Washington Twp., Hunterdon, downstream to Lake Solitude dam, High Bridge Borough, excluding 2.5 mile catch and release only stretch within Ken Lockwood Gorge WMA; and
5. Saddle River --Lake Street, Upper Saddle River Twp., to West Century Rd., Fairlawn/Paramus Boroughs, Bergen.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.7 - Special regulation trout fishing areas-Wild Trout Streams

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There are three classifications of wild trout stream; Native Brook Trout Streams, Wild Trout Streams, and Wild Brown Trout Enhancement Streams. Identification of the streams designated under each classification and the regulations applicable to each classification are specified in (b) through (g) below.
(b) The following streams, or portions thereof, are designated as "Native Brook Trout Streams." Listing of streams in this category does not convey the right to trespass or fish on private lands without the landowner's permission. These waters will not be stocked with trout. Unless otherwise noted, the entire length of the stream is included in the designation.
1. Beatty's Brook --Lebanon Twp., Hunterdon;
2. Bear Swamp Brook --Mahwah Twp., Bergen;
3. Hickory Run --Lebanon Twp., Hunterdon;
4. Lake Ames Tributary --Picatinny Arsenal boundary to Lake Ames, Rockaway Twp., Morris;
5. Primrose Brook --Harding Twp., Morris;
6. Raritan River, S. Br. --Budd Lake dam to dam approx. 400 feet upstream of Flanders-Drakestown Rd., Mt. Olive Twp., Morris;
7. Rinehart Brook --Hacklebarney State Park, Chester Twp., Morris;
8. Rocky Run --Lebanon Twp., Hunterdon;
9. Stephensburg Brook --Washington Twp., Warren;
10. Stony Brook --Stokes State Forest, Sandyston Twp., Sussex; and
11. Trout Brook --Hacklebarney State Park, Morris.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.8 - Special regulation trout fishing areas-Trophy Trout Lakes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following lakes are designated as Trophy Trout Lakes:
1. Round Valley Reservoir; and
2. Merrill Creek Reservoir.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.9 - Special regulation trout fishing areas-Holdover Trout Lakes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following lakes are designated as Holdover Trout Lakes:
1. Aeroflex Lake (Sussex);
2. Clinton Reservoir (Passaic);
3. Sheppard Lake (Passaic);
4. Tilcon Lake (Morris);
5. Wawayanda Lake (Sussex); and
6. White Lake (Warren).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.10 - Baitfish

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, who has a fishing license or is under the age of 16 or over 70 years of age, may take up to 35 baitfish, except Alewife and/or Blueback Herring, per person per day from the freshwaters of the State. Alewife and Blueback Herring may only be possessed, taken, attempted to be taken, sold, or purchased in accordance with (b) through (d) below. Except as provided in (d) below, no person shall possess, in any location, more than one day's limit, regardless of when the fish were taken and whether the fish are intended to be used as bait or food.
(b) The possession, take, attempt to take, sale, or purchase of Alewife or Blueback Herring from any freshwater stream or river is prohibited.
(c) Up to 35 Alewife or Blueback Herring, no greater than six inches in length, may be taken for personal use from freshwater lakes in Morris, Passaic, Sussex, and Warren Counties, and from Spruce Run Reservoir, located in Hunterdon County. Landlocked herring taken from lakes within these counties may only be used on the lake from which they were taken, on the day they were taken. Any unused herring must be returned to the waterbody upon the conclusion of the angler's fishing trip on the day that they were taken. Landlocked herring taken pursuant to this subsection shall not be transported away from the shoreline of the lake by any mechanism. They shall not be sold.
(d) In freshwater lakes, other than those specified in (c) above, only purchased herring, no greater than six inches in length, may be possessed for up to seven days from date of purchase, when accompanied by a receipt. The receipt must list the name, address, and telephone number of the place of purchase, the date of purchase, and the quantity purchased. This receipt must be without erasures or alterations of any kind and must have a control number. Purchased herring may be possessed in excess of the daily limit.
(e) Except as provided for in trout-stocked waters listed in 7:25-6.3 through 6.9 and (f) below, baitfish, except for Alewife and Blueback Herring, up to the daily limit may be taken from freshwaters of the State by the following means: hook and line; dip net not more than 24 inches in diameter; minnow traps not larger than 24 inches in length with a funnel mouth no greater than two inches in diameter; a cast net no greater than eight feet in diameter, and an umbrella net no greater than 3.5 feet square.
1. Seines may also be used subject to the following limitations:
i. In lakes and ponds under 100 acres, the seine shall not be over 30 feet in length.
ii. In lakes at or over 100 acres, the seine shall not be over 50 feet in length.
iii. In streams, the seine shall not exceed 30 feet in length, or one-half the width of the stream at the point of use, whichever is less.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.12 - Snagging prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
The snagging of any fish species is prohibited. Any fish so hooked must be immediately returned to the water. This shall not apply to fish so taken through the ice.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.14 - Ice fishing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 7:25-6.3, ice fishing shall be permitted whenever ice is present.
(b) A person, while fishing through the ice, may use not more than five devices for the taking of fish. Devices may consist of any combination of ice supported tip-ups, fishing rods, or hand lines. Each device may have only one single line attached.
1. Ice supported tip-ups or hand lines may have only one single pointed hook attached.
2. The line from a fishing rod may have attached either one single pointed hook, or an artificial lure with not more than three single hooks and one burr of three hooks. On artificial lures, single hooks may not measure more than 1/2 inch from point to shaft, and hooks on burrs may not exceed 1/2 inch from point to point.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.15 - Bow and arrow fishing

Current through Register Vol. 56, No. 14, July 15, 2024
Except as provided for trout-stocked waters, identified in
7:25-6.3
, and for Greenwood Lake and the Delaware River between New Jersey and Pennsylvania, for which limits are specified in
7:25-6.19
and
6.20
, it shall be legal to take Carp, including Bighead, Common, Grass, and Silver, American Eels, Flathead Catfish, American Shad (Delaware River only), Gizzard Shad, snakeheads, and suckers, or any hybrids of any of these species, at any time by use of bow and arrow with line attached, provided a person has a proper fishing license. For the purpose of this section, a bow means any longbow, recurved bow, compound bow, or crossbow, that is hand-held. Crossbows shall have a stock length of 25 inches, minimum draw pull weight of 75 pounds, and a working safety. Crossbows may not be permanently mounted. Crossbows must be uncocked in transport and while not actively engaged in fishing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.16 - Closed waters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the period of March 1 through June 30, it is illegal to fish, place any contrivance for the taking of fish, or attempt to catch or kill fish by any manner or means in any fish ladder, or within 100 feet or as posted feet of any fish ladder entrance or exit or 100 feet upstream from the crest of the spillway at Deal Lake.
(b) It is illegal to fish or attempt to catch or kill fish by any manner or means in waters within the boundaries of the State Fish Hatcheries, except where specifically permitted, that is, the Musconetcong River and Pequest River.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.17 - Emergency closure notice

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be illegal to fish or attempt to catch or kill fish by any manner or means in any waters for which the Director of the Division, upon approval of the Fish and Game Council, issues an Emergency Closure Notice. Such notice shall be effective and/or rescinded immediately upon public notification. It shall be based upon imminent threat to the wellbeing of the fishery resource and/or its users, and may include any exceptions to the total ban on fishing that the Director deems practical.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.18 - Wanton waste of fish prohibited; tagging and marking of fish

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Fish, of any species, taken, by any means, which are purposely killed, become part of the fisherman's daily creel or possession limit and must be removed from the waters from which they were taken, and adjacent lands, pursuant to 23:5-28. This section shall not apply to those fish which are released while still alive, by the angler, and subsequently die as a result of stress or hooking mortality.
(b) No person may tag or mark and release fish without first obtaining a special permit issued by the Division after a determination that the action will provide information that will be beneficial to the management of the fisheries resource and will not detract from any studies being planned or conducted by the Division or other scientific or educational organization. "Educational or scientific organization" means a governmental unit or a private institution that provides environmental or natural resource education to its students or a governmental unit or private institution whose primary service is the evaluation of environmental or natural resource conditions.
1. Required permit information shall be as follows:
i. The permittee's name;
ii. The permittee's address;
iii. The species of fish to be tagged or marked;
iv. The type of tag or mark to be used;
v. The location in which the marked fish will be released; and
vi. The purpose of the tagging or marking of fish.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.19 - Greenwood Lake

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In cooperation with the New York State Department of Environmental Conservation, Division of Fish and Wildlife, the following regulations for Greenwood Lake, which lies partly in Passaic County, New Jersey, and partly in Orange County, New York, are made a part of the New Jersey State Fish and Game Code and will be enforced on the whole lake by the conservation authorities of both states.
1.
Species
Season
Size Limit
Daily Bag Limit
Trout
No closed season
No minimum
3
Largemouth bass and smallmouth bass
third Saturday in June until Dec. 1
12 inch minimum
5 in total Catch and release only
Dec. 1 until third Saturday in June
Chain pickerel
No closed season
15 inch minimum
5
Muskellunge and any hybrid thereof taken before April 1, 2019
No closed season
36 inch minimum
1
Muskellunge and any hybrid thereof taken on or after April 1, 2019
No closed season
44 inch minimum
1
hybrid thereof
season
minimum
Walleye
Jan. 1-last day of February and May 1-December 31
18 inches
3
Channel catfish
No closed season
12 inches
5
Black crappie and white crappie
No closed season
8 inches
10 in total
Yellow perch
No closed season
No minimum
50
Sunfish
No closed season
No minimum
50
All other species
No closed season
No minimum
No limit
American Eel
No closed season
9 inches
25
2. On Greenwood Lake, it shall be legal for any ice fisherman to use up to five tip-ups and two hand-held devices for the taking of fish. All devices that are not hand-held must be plainly marked with the name and address of the angler. The ice fishing season is from ice-in to ice-out (when ice is present in a sufficient quantity to support fishing activities).
3. On Greenwood Lake, fishing will be permitted 24 hours a day.
4. Either New York or New Jersey fishing licenses will be honored on all of Greenwood Lake.
5. Bow and arrow fishing for carp, suckers, herring, catfish and eels by properly licensed fishermen, will be permitted on Greenwood Lake.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.23 - Special limited fishing licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of the Division may issue a permit to organizations that provide care for disabled persons authorizing those disabled persons to fish in a specified body of water, on a designated date, provided they are escorted by the staff of the organization, without a license or stamp as required by Title 23 of the New Jersey Statutes. This permit allows the taking of any species at any location at any time, subject to the following requirements. For the purposes of this section, an "organization that provides care for the disabled" shall mean a governmental or licensed private care facility that is responsible for the physical or mental developmental health of persons who have a lifelong need of supervised care. "Disabled person" shall mean a person who has a condition that substantially limits one or more of the major life functions such as caring for themself, or limited mental development that prevents a person's caring for themself, seeing, hearing, or speaking.
(b) Applications shall be made to the Division of Fish and Wildlife, Bureau of Freshwater Fisheries, PO Box 400, Trenton, New Jersey 08625-0400. Applications, in the form of a letter of request, shall be submitted at least 21 days prior to the event upon the organization's letterhead stationery. Applications shall contain the date or dates of the proposed event, the body of water involved, the number of disabled persons who will be authorized by the permit, and the number of care providers. Angling under the authority of this permit shall be in accordance to season, size, creel limit and equipment restrictions. The permit shall be issued when the Director determines that the event will provide a natural resource educational experience for disabled persons consistent with the goals of the Division.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.24 - Permits issued to educational or scientific organizations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Educational or scientific organizations may apply to the Director, subject to approval by the Fish and Game Council, for a permit that shall authorize their participation in fisheries notwithstanding the requirements of N.J.A.C. 7:25-6. This permit would allow the taking of any species at any location at any time, subject to the requirements of this section. This permit shall satisfy any licensing requirement associated with such activity. Such permit shall be effective and/or rescinded immediately upon public notification. For the purposes of this section, "educational or scientific organization" shall mean a governmental unit or private institution that provides environmental or natural resource education to its students or a governmental unit or private institution whose primary service is the evaluation of environmental or natural resource conditions.
(b) An application for a scientific collecting permit shall be made on an application form obtained from and filed with the Division in accordance with (c) below. Applications shall include:
1. The applicant name;
2. The applicant address;
3. The applicant telephone number;
4. The dates of proposed sampling;
5. The body or bodies of water involved;
6. The purpose of the activity;
7. A listing of any equipment that is expected to be used;
8. The species to be collected;
9. The disposition of species collected;
10. The names of persons who will be authorized by the permit; and
11. If the activity is related to research or environmental study or assessment, a copy of the project proposal must be attached to the application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.25 - Water lowering

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise permitted in this section, no person shall shut off water to, or draw off waters from any pond, stream or lake, public or private within the State.
(b) Water withdrawals authorized for water supply purposes pursuant to N.J.A.C. 7:19 or for agricultural, aquacultural or horticultural uses pursuant to N.J.A.C. 7:20A shall not require a water lowering permit pursuant to this section.
(c) Water lowering permits are issued for the sole purpose of protecting the State's aquatic biological resources.
(d) An application for a water lowering, including all information required by this section, shall be submitted at least 60 days prior to the requested lowering date. In the event the lowering is required due to unsafe or hazardous dam conditions, as determined by the Department's Division of Dam Safety, the dam owner or the owner or operator of the outlet structure shall submit a completed application form within 15 days of notification from the Division of Dam Safety. The application shall include a copy of the written documentation received from the Department's Division of Dam Safety.
(e) Application forms may be obtained from and, when complete, shall be submitted to the Division at:
New Jersey Division of Fish and Wildlife
Bureau of Freshwater Fisheries
P.O. Box 394
Lebanon, New Jersey 08833
(f) An application for a water lowering permit shall include the following information, as well as any supplemental information required by this section:
1. Applicant name;
2. Applicant address;
3. Applicant phone number;
4. Waterbody location;
5. Reason the lowering is requested;
6. Date requested to begin;
7. Refill date;
8. Water body size;
9. Maximum depth;
10. Extent of drawdown requested;
11. Method of water release;
12. Department of Environmental Protection permits applied for relative to the project;
13. Applicant signature;
14. Property owner's certification; and
15. Contact information for agent acting on behalf of the applicant, if applicable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.26 - Fish stocking; fish culture facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person may release any live indigenous or exotic fish, or their eggs, into the aquatic environment without a permit. For the purposes of this subchapter, indigenous and exotic fish shall include all fish species, their subspecies and hybrids.
(b) An application for a fish stocking permit must be submitted at least four weeks prior to the requested stocking date. Applications may be obtained from and, when complete, shall be submitted to the Division at:
New Jersey Division of Fish and Wildlife
Bureau of Freshwater Fisheries
P.O. Box 394
Lebanon, New Jersey 08833
(c) An application for a fish stocking permit shall include the following information, as well as any supplemental information required by this section:
1. Applicant name;
2. Applicant address;
3. Applicant phone number;
4. If different, pond owner's name and address;
5. Pond owner's signature;
6. Waterbody location;
7. Water body size;
8. Fish species present in the waterbody;
9. Waterbody access, public or private;
10. Species of fish requesting to stock;
11. Number of fish requesting to stock;
12. Size range of fish requesting to stock;
13. Source of fish;
14. If stocking is relative to an event or tournament, date of event;
15. If the fish are marked or tagged, the type of tag to be used;
16. Anticipated stocking date;
17. Applicant signature; and
18. If requesting to stock grass carp, the following additional information is required:
i. Percent of weed cover;
ii. Description of weed problem, including species; and
iii. Photographs of inlet and outlet structures.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.27 - Revocation of permits; penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Violation of any condition of a permit issued under this subchapter may result in revocation of the permit.
(b) A permittee who violates any condition of a permit issued under this subchapter may be subject to penalties under 23:4-1 and 5-11, or any other applicable statute.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 6 - 2022-2025 FISH CODE › Section 7:25-6.28 - Requests for adjudicatory hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, subject to the limitation on third party appeal rights set forth in P.L. 1993, c.359 (52:14B-3.1 through 3.3), who believes himself or herself to be aggrieved with respect to a permit decision made by the Division may request an adjudicatory hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) A request for an adjudicatory hearing must be received by the Department within 30 calendar days after the person requesting the hearing receives notice of the Division's decision. If the Department does not receive a hearing request within the allotted time, it shall deny the hearing request.
(c) A person requesting a hearing shall provide the following information in writing to the Department at the address in (f) below:
1. The name, address, and telephone number of the person requesting the hearing;
2. A copy of the decision document;
3. A description of any facts or issues which the petitioner believes constitute a defense to the decision made by the Division;
4. Information supporting the request and specific reference to or copies of other written documents relied upon to support the request;
5. An estimate of the time required for the hearing (in days and/or hours); and
6. A request, if necessary, for a barrier-free hearing location for physically disabled persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 7 - MISCELLANEOUS SHELLFISH RULES › Section 7:25-7.10 - Taking of oysters

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall catch, take or attempt to catch or take by tonging or by any hand-operated device any oysters in the waters of this State unless such person has in his or her possession a valid oyster license issued by the Bureau of Shellfisheries of the Division of Fish and Wildlife.
1. The fee for an oyster license shall be $ 10.00 and it shall expire at the end of the calendar year in which it was issued, except that no fee shall be charged for a recreational license issued to a resident of this State who is 62 or more years old.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 7 - MISCELLANEOUS SHELLFISH RULES › Section 7:25-7.11 - Mussels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall take mussels (Mytilus edulis) by any means whatsoever upon any of the lands lying under the tidal waters of this State before sunrise or after sunset or at any time on Sunday.
(b) "Person," as used in this section, shall include, but not be limited to, the captain or other person responsible for the operation of any vessel.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 8 - CLAM LICENSES › Section 7:25-8.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter constitutes the rules governing the issuance and use of recreational resident and non-resident, juvenile and commercial clam licenses pursuant to the authority of 13:1D-9, 50:1-5, P.L. 1988 c.35, and 50:2-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 8 - CLAM LICENSES › Section 7:25-8.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish the fees for recreational resident and non-resident, juvenile and commercial clam licenses, to provide necessary restrictions on the use of these licenses, and to establish the Shellfisheries Enforcement Fund, into which these fees shall be deposited.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 8 - CLAM LICENSES › Section 7:25-8.3 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be liberally construed to permit the Department to effectuate the purposes of 13:1D-9, 50:1-5, P.L. 1988 c.35, and 50:2-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 8 - CLAM LICENSES › Section 7:25-8.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to the harvest of clams from any of the natural clam grounds in the waters of the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 8 - CLAM LICENSES › Section 7:25-8.5 - Licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person engaged in the harvest of clams from any of the natural clam grounds in the waters of the State shall first obtain the appropriate license, as set forth in (b)1 to 3 below, issued by the Division, Bureau of Shellfisheries, or its designated agents. Licenses to harvest clams shall only be available to natural persons and only licensees may harvest clams from the natural clam grounds of the State.
(b) The following licenses are available for the harvest of clams:
1. Any person harvesting clams not in excess of 150 clams per day shall first obtain either a resident recreational clam license or a nonresident recreational clam license;
2. Any person under 14 years of age harvesting clams not in excess of 150 clams per day shall obtain a juvenile recreational clam license; and
3. Any person of any age harvesting more than 150 clams per day shall first obtain a commercial clam license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 8 - CLAM LICENSES › Section 7:25-8.6 - License fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The license fees for the license described in 7:25-8.5 shall be as follows:
1.
Resident recreational clam license,
persons under 62 years of age:
$ 10.00;
2.
Resident recreational clam license,
persons 62 or more years of age:
No Fee;
3.
Nonresident recreational clam license:
$ 20.00;
4.
Juvenile clam license:
$ 2.00; and
5.
Commercial clam license:
$ 50.00.
(b) All clam license fees collected pursuant to this subchapter shall be deposited into the Shellfisheries Law Enforcement Fund.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 9 - HARD CLAM SIZE LIMITS › Section 7:25-9.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter constitutes the rules governing the minimum size of hard clams allowed to be harvested in New Jersey. Nothing in this subchapter or in N.J.A.C. 7:12 or 7:17 shall prevent the harvest and replanting of hard clams with shell length less than one and one-half inches when such harvest and replanting are an express part of a program designed and directed by the department to prevent the loss of hard clams which might occur under conditions such as channel dredging or other destructive action.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 9 - HARD CLAM SIZE LIMITS › Section 7:25-9.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to provide a means to control the minimum size of hard clams harvested in New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 9 - HARD CLAM SIZE LIMITS › Section 7:25-9.3 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be liberally construed to permit the Department to effectuate the purposes of 50:1-5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 9 - HARD CLAM SIZE LIMITS › Section 7:25-9.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following term, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Clam hatchery" means any operation which obtains clams through the process of artificial spawning and culture methods.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 9 - HARD CLAM SIZE LIMITS › Section 7:25-9.5 - Taking of hard clams

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall take, attempt to take, possess, sell, offer for sale, purchase, or attempt to purchase hard clams. Mercenaria mercenaria, with a shell length less than one and one-half inches provided, however, where all clams are in containers, no violation shall be deemed to have occurred where no more than three percent of the number of clams in possession in any single container have a shell length less one and one-half inches, and where non-containerized clams are in possession, no violation shall be deemed to have occurred where no more than three percent of total number of clams in possession have a shell length less than one and one-half inches.
(b) Clams shall be culled by the harvester where taken, and all clams less than one and one-half inches in shell length shall be redeposited immediately on the bottom from where they were harvested.
(c) Possession and sale of hatchery-reared clams by a clam hatchery and purchase and possession of hatchery-reared clams from a clam hatchery shall be exempt from the provisions of (a) and (b) above provided that the purpose of this possession and sale or purchase is for planting and rearing hard clams to market size (that is, not less than one and one-half inches). Possession and/or sale of hatchery-reared seed clams less than one and one-half inches in length for the purpose of marketing and consumption shall not be exempt from the provisions of (a) and (b) above and shall not be permitted.
(d) Enforcement personnel shall seize all hard clams less than one and one-half inches in length which are in violation of 7:25-9.5 and return them to estuarine waters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 9 - HARD CLAM SIZE LIMITS › Section 7:25-9.6 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The penalty for a first offense violation of 7:25-9.5, where no more than 100 hard clams fail to meet the regulatory minimum, shall be as follows:
Number of clams
Penalty
1- 20
$ 20.00
21- 40
$ 50.00
41-100
$ 100.00
(b) The penalty for a first offense violation of N.J.A.C. 7:25-9.5, where more than 100 hard clams fail to meet the regulatory minimum, shall be as prescribed at N.J.S.A. 23:2B-14a(1) for the first offense, that is, not less than $ 100.00 or more than $ 3,000 for the first offense.
(c) The penalty for any subsequent offense, regardless of number of hard clams involved, shall be as prescribed at N.J.S.A. 23:2B14(a)1 for any subsequent offense, that is, not less than $ 200.00 or more than $ 5,000.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall constitute the rules governing the possession, propagation, liberation, sale and importation of game mammals and game birds pursuant to 23:3-28 through 39.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall be liberally construed to permit the department to discharge its statutory functions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter is promulgated to regulate the possession, propagation, liberation, sale, and importation of game mammals and game birds through a permit system, with conditions associated therewith, to be issued at the discretion of the division.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Department" means the New Jersey Department of Environmental Protection.
"Division" means the Division of Fish and Wildlife or its successor within the Department of Environmental Protection.
"Director" means the Director of Fish and Wildlife or his successor within the Department of Environmental Protection.
"Game animal" means any mammal for which a legal hunting or trapping season has been established in New Jersey, identified in this subchapter, or designated a game animal by the Fish and Game Council in the annual game code.
"Game bird" means any bird for which a legal hunting season has been established in New Jersey, identified in this subchapter, or designated a game bird by the Fish and Game Council in the annual game code.
"Person" shall include, but is not limited to, corporations, companies, associations, societies including nonprofit organizations, firms, partnerships, joint stock companies, individuals, and governmental entities.
"Qualified person" means a natural person presenting to the division the written testimonials from two well-known scientists certifying to the good character and fitness of the person to be entrusted with the privilege of holding the relevant permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.5 - Permit required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as hereinafter provided, no person shall have in possession any game animal or game bird unless that person has first received a permit from the division. The permit form and permit application form shall be prescribed by and be obtainable from the division.
(b) No person shall liberate within this state any game animal or game bird unless that person has first received a permit therefor from the division.
(c) No person shall import into this state any game animal or game bird unless that person has first received a permit therefor from the division.
(d) The permit requirement pursuant to this section shall not apply to game animals and game birds legally taken or killed pursuant to the general hunting and fishing license statutes, 23:3-1 through 22, and during the season therefor.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.6 - Game animals and game birds for which a permit is required for possession

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A permit shall be required for possession of game animals including the following mammals:
1. Eastern cottontail rabbit (Sylvilagus floridanus);
2. Whitetail jackrabbit (Lepus townsendi);
3. Blacktail jackrabbit (Lepus californicus);
4. European hare (Lepus europaeus);
5. Eastern gray squirrel (Sciurus carolinensis);
6. Woodchuck (Marmota monax);
7. Beaver (Castor canadensis);
8. River otter (Lutra canadensis);
9. Muskrat (Ondatra zibethicus);
10. Nutria (Myocaster coypus);
11. Mink (Mustela vison);
12. Weasel (Mustela spp.);
13. Virginia opossum (Didelphis virginiana);
14. Striped skunk (Mephitis mephitis);
15. Raccoon (Procyon lotor);
16. Red fox (Vulpes vulpes);
17. Gray fox (Urocyon cinereoargenteus);
18. Coyote (Canis latrans);
19. Black bear (Ursus americanus);
20. Bobcat (Felis rufus);
21. Whitetail deer (Odocoileus virginianus).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.7 - Categories of permits, expiration, fees, sales receipt required, records and reports required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The division, when it appears to be in the public interest, may issue the following permits:
1. "Individual Hobby" may be issued to persons holding game animals for hobby purposes or as pets;
2. "Scientific Holding" may be issued to qualified persons holding game animals or game birds for scientific observation, captive breeding attempts and other scientific or educational study;
3. "Zoological" may be issued to private and public institutions which exhibit game animals or game birds for possession, importation, exportation, and sale of species listed in the permit;
4. "Propagation and Sales" may be issued to persons engaged in the propagation and/or sale of game animals or game birds for importation, exportation, and sale of species listed in the permit;
5. "Animal Exhibitor" may be issued to exhibitors of game animals or game birds other than zoos, including traveling exhibits, small exhibitions not qualifying as zoos, and circuses;
6. "Animal Theatrical Agency" may be issued to persons owning game animals or game birds to be used for advertising, acting, or theatrical appearances, permitting importation, exportation, and sale of species listed in the permit;
7. "Fur Farming" may be issued to persons engaged in the business of fur farming the species listed at 7:25-10.6(a)7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 20; and
8. "Cooperator" may be issued to persons who are deemed qualified by the Division under the criteria set forth in the most current edition of the "Cooperator's Manual" or, in the absence of such manual, based on the need as determined by the Division to rear orphaned juvenile wildlife species and rehabilitate injured wildlife species listed under 7:25-10.6(a) and (b). Persons issued this permit must also maintain applicable federal permits where required.