reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.16 - Eligibility for lobster pot permit and pot allocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As of December 31, 2001, a vessel shall not land lobster harvested by a lobster pot unless such vessel is in the possession of a valid New Jersey Lobster Pot Permit issued in the name of the vessel and owner, except as provided for at N.J.A.C. 7:25-18.5(g)11 i(4).
1. To be eligible for a Type A, B, C and F Lobster Pot Permit allowing the use or possession in Federal and/or State waters of an allotted number of lobster pots as defined under 7:25-18.5(g)11, a complete application, including the required documentation, must be received by the Department no later than December 31, 2001. To be eligible for a Type E Lobster Pot Permit allowing the use or possession in Federal and/or State waters of an allotted number of lobster pots as defined under 7:25-18.5(g)11, a complete application, including the required documentation, must be received by the Department no later than December 31, 2002. Applications may be mailed to:
New Jersey Lobster Pot Permit
Nacote Creek Research Station
PO Box 418
Port Republic, NJ 08241
i. For a Type A Lobster Pot Permit, the applicant shall document that the vessel owner possesses a current valid Federal Lobster Permit, had landed and sold a minimum of 2,000 pounds of lobster in New Jersey in any one calendar year during the period from March 25, 1991 to September 3, 1998, and participated in the harvest of lobster by lobster pot, pursuant to (a)4 below, during the year of documented landings submitted by the applicant.
(1) A Type A Lobster Pot Permittee shall receive an allocation for the number of lobster pots (traps) authorized on the permittee's Federal Fisheries Permit for American lobster (Federal Lobster Permit), to be fished in Federal and/or State waters. For the purpose of this section, lobster pots will be assumed to last for five years with a 10 percent loss of pots per year.
(2) Documented proof of participation in an ASMFC Management Area pot fishery shall consist of one or more of the following:
(A) Federal logbook reporting forms identifying the vessel, number of pots fished, date of landings and National Marine Fisheries Service Statistical Area from where lobster were harvested;
(B) A personal logbook in combination with a notarized statement from the applicant attesting to its authenticity; and/or
(C) Gear damage compensation reports.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.17 - Lobster pot tag program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All lobster pots as defined under 7:25-18.5(g)11  in State or Federal waters or aboard a vessel shall be tagged with appropriate tags to be issued by the Federal or State agency given authority for the pot tag program.
1. Pot tags shall be placed on the pot bridge or main cross member clearly visible for inspection.
2. Pot tags shall be a permanently affixed and not transferable to another pot once attached to a pot.
3. A person or permitted lobster pot vessel shall only have on board or lift pots that have the valid identification as assigned to said person or vessel.
4. A person or vessel shall not have on board or fish more lobster pots than that vessel is allocated under the permittee's New Jersey Lobster Pot Permit.
5. Pot tags shall be issued annually and shall be valid for one year.
6. Permit holders shall be issued tags based upon their allocation of tags plus 10 percent to cover routine losses.
7. Catastrophic tag loss shall be defined as losses above the 10 percent routine loss rate established by the issuing authority due to gear conflicts, storms or other circumstance which may be accepted at the discretion of the Federal or State agency given authority for the pot tag program.
i. When a catastrophic loss occurs, an entirely new allotment of tags shall be dispersed and the original tags shall be invalid upon replacement.
ii. Permittees shall be allowed to fish new pots with a letter of exemption from the issuing authority until new tags are re-issued for a time period not be exceed two months.
iii. The issuing authority shall have the right to invoke emergency measures to suspend pot tag regulations in the event of area-wide catastrophic losses, for a time period not to exceed two months.
8. Permittees shall purchase pot tags only from the issuing authority.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.18 - Exceptions for research

Current through Register Vol. 56, No. 14, July 15, 2024
7:25-14.13(a), 14.13(b), 14.15(a) and 14.15(b) shall not apply to the taking or possession of lobster bearing a tag that has been issued or affixed by the Department of Environmental Protection or by any other state or Federal agency with which the Department cooperates in a research project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.21 - Request for adjudicatory hearing

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 license and/or permit decision made by the Department under this subchapter 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 Department;
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 17 - DISPOSAL AND POSSESSION OF DEAD DEER › Section 7:25-17.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall constitute the rules governing the disposal and possession of dead deer found on or along any New Jersey public highway or on private property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 17 - DISPOSAL AND POSSESSION OF DEAD DEER › Section 7:25-17.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to provide for efficient, effective and utilitarian removal of dead deer found on or along any New Jersey public highway or on private property.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 17 - DISPOSAL AND POSSESSION OF DEAD DEER › Section 7:25-17.3 - 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 23:4-43.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 17 - DISPOSAL AND POSSESSION OF DEAD DEER › Section 7:25-17.4 - Authorized persons and disposal or possession

Current through Register Vol. 56, No. 14, July 15, 2024
Deer found dead on or along any New Jersey public highway shall be disposed of by New Jersey State or municipal police officers or persons authorized by them at a sanitary landfill or other site approved by the Division of Waste Management of the Department of Environmental Protection or the police agency may authorize possession, as conditioned in 7:25-17.6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 17 - DISPOSAL AND POSSESSION OF DEAD DEER › Section 7:25-17.5 - Dead deer on private property

Current through Register Vol. 56, No. 14, July 15, 2024
Deer found dead on any private property shall be disposed of by State or municipal police officers, or personnel authorized by them, upon request of the property owner, in the manner prescribed in 7:25-17.4. The owner or lessee of cultivated lands who kills deer under permit of the Division on such property shall dispose of the dead deer as directed by the Division.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 17 - DISPOSAL AND POSSESSION OF DEAD DEER › Section 7:25-17.6 - Possession of dead deer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) New Jersey State or municipal police officers shall issue a written permit to possess the accidentally killed deer for consumption, or to transfer the deer carcass to another person for consumption, on forms provided by the Division upon satisfaction of both of the following conditions:
1. The deer was killed by an accidental collision with a motor vehicle; and
2. The accidental collision was reported to the New Jersey State or municipal police as soon as possible.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 17 - DISPOSAL AND POSSESSION OF DEAD DEER › Section 7:25-17.7 - Information required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any State or municipal officer disposing of or authorizing the disposal or possession of accidentally killed deer shall notify the Division on a quarterly basis of the following information on forms provided by the Division:
1. The location where the deer was killed;
2. The sex of the deer;
3. The date of the accidental deer kill; and
4. The name and address of the permittee.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.2 - Pound nets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms shall have the following meanings unless the context clearly indicates otherwise.
"Department" means the New Jersey Department of Environmental Protection.
"Heart" means an upright fence of netting forming a heart-shaped (round or square) compartment located between the leader and the pocket. It is designed to cause fish to circle in front of and eventually enter the pocket of a pound net.
"Leader" means an upright fence of netting that acts as a barrier to fish and guides them toward a trap; the netting is made of heavy twine, not designed to catch fish by the gills.
"Navigable channel" means a channel marked with navigational markers including poles, piling or buoys, by the Coast Guard or the State.
"Pocket" means an upright fence of netting forming the final compartment of a pound net in which trapped fish accumulate.
"Pound net" means a large fish trap, consisting of a leader, pocket and one or more hearts, held in place with poles, the netting of which reaches from the bottom to above the surface of the water.
"Staked or anchored gill net" means an upright fence of monofilament or nylon netting, held in place at each end by stakes or anchors, that catches fish by snagging their gill covers as they try to pass through the mesh of the net.
"Submarine pound net" means a pound net that is totally submerged beneath the water and held in place by anchors.
(b) General requirements for all pound net users are as follows:
1. No person may install, operate or maintain a pound net in the marine waters of the State without having first obtained a license from the Department.
2. The Department may establish limits on the number of licenses to be issued for pound nets in Raritan Bay and Sandy Hook Bay and in the Atlantic Ocean within three nautical miles of the coastline.
3. Licenses must be renewed annually.
4. Holders of pound net licenses from the previous year shall have first priority in obtaining a new license, provided they apply before March 1 of the current year.
5. Any person operating any fish pound net in the marine waters of New Jersey, must, at the time of emptying the net, return to the waters wherein the net is located all species less than the minimum size limits specified pursuant to 7:25-18.1.
6. No person may, by boat, anchor, dredge or otherwise, willfully and without reasonable cause, interfere with, break, damage or destroy any fish net or associated equipment being lawfully used by a license holder.
7. The Department may require any licensee to submit a money surety bond to insure removal of pound net poles and apparatus as required by these rules.
8. Violation of the rules in this section will subject the violator to money penalties, loss of license and/or injunctive relief under 23:2B-14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.3 - Net identification tags

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any identification tag furnished by the Division for a licensed net shall be displayed in a prominent and easily accessible place on such net.
(b) No identification tag furnished by the division may be counterfeited or transferred.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.4 - Spearfishing

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be lawful to take, catch, or kill all species of fish by means of spearfishing, during the respective open season, except for those species of fish specifically protected. For the purpose of this rule, spearfishing shall mean the taking of fish by means of a spear, harpoon, or other missile, or by hand, while completely submerged in the marine waters of the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.5 - General net regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall take, catch, kill or attempt to take, catch or kill any fish within the marine waters of the State by any means except in the manner commonly known as angling with hand line or with rod and line unless specifically permitted by statute or regulation.
(b) All stakes used in fyke nets, pound nets, parallel nets or gill nets shall be marked with at least one of the following which shall be placed at least two feet above mean high water and be visible from all sides:
1. Reflectors of not less than two inches in diameter;
2. Reflecting tape not less than two inches in width;
3. Light colored flags not less than two square feet; or
4. Light colored jugs or buoys not less than 12 inches in diameter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.5A - Artificial reefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section establishes the location of the artificial reefs located in State waters and the full access zones located within certain reefs. The artificial reefs are open to all recreational and commercial activities except no person shall use, leave, deploy, or tend any lobster, fish, or conch pot within an artificial reef located in State waters except in an area designated as a full access zone under this section. Persons who use, leave, deploy, or tend lobster, fish, or conch pots in a full access zone may do so only in compliance with (d) below.
(b) The locations and boundaries of the Sandy Hook Reef site and the Axel J. Carlson Jr. Reef site are as follows:
1. The Sandy Hook Reef site is located approximately 1.4 miles east of Sea Bright, Monmouth County. The site is located approximately 5.7 nautical miles at a compass bearing of 157 degrees from Sandy Hook Channel. The boundaries of the Sandy Hook Reef site are as follows (latitude and longitude expressed as dd mm.mmm, that is, degrees minutes and thousandths of minutes):
Boundaries
Latitude
Longitude
NE Corner
40 23.300'
73 55.880'
NW Corner
40 23.300'
73 56.600'
SE Corner
40 20.880'
73 55.880'
SW Corner
40 20.880'
74 56.600'
2. The Axel J. Carlson Jr. Reef site is located approximately 2.0 miles east of Mantoloking, Ocean County. The site is located approximately 4.4 nautical miles at a compass bearing of 166 degrees from Manasquan Inlet. The boundaries of the Axel J. Carlson Jr. Reef site are as follows (latitude and longitude expressed as dd mm.mmm, that is, degrees minutes and thousandths of minutes):
Boundaries
Latitude
Longitude
NE Corner
40 03.720'
73 58.570'
NW Corner
40 04.180'
73 59.750'
SE Corner
39 59.830'
73 59.400'
SW Corner
40 00.350'
74 00.650'
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.6 - Delaware Bay commercial and non-commercial gill net permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual utilizing a drifting, staked or anchored gill net in that portion of Delaware Bay or its tributaries defined as the area east of the New Jersey-Delaware boundary enclosed by a line from Cape Henlopen, Delaware to Cape May Point Light, New Jersey and the "southwest line" as defined in 50:3-11 shall have a commercial or non-commercial gill net permit for each gill net license in their possession. The person shall have the permit on his or her person at all times while fishing in that portion of Delaware Bay or its tributaries defined in this subsection.
(b) For a period of 60 days following June 3, 1991, Delaware Bay commercial and non-commercial gill net permits shall be issued in accordance with 7:25-18.5.
(c) No new Delaware Bay commercial or non-commercial gill net permits shall be issued after August 2, 1991 until the combined number of Delaware Bay commercial and non-commercial gill net permits falls below either 800 for staked or anchored gill nets or 200 for drifting gill nets.
(d) An individual possessing a Delaware Bay Gill Net Permit shall obtain the number of gill net licenses authorized by the Delaware Bay Gill Net Permit in each calendar year. Failure to do so will result in the number of nets authorized by the permit being reduced to the number of net licenses actually obtained in that calendar year beginning in 1994, or in the event no licenses are purchased, invalidation of the permit immediately following the end of that calendar year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.7 - Eligibility for Delaware Bay commercial and non-commercial gill net permits during the 60 days following June 3, 1991

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for a Type A Delaware Bay commercial gill net permit during the 60-day period following June 3, 1991 allowing the use or possession on the waters of the Delaware Bay or its tributaries of no more than the maximum number of gill nets of the same type for which the applicant held valid New Jersey gill net licenses in any one calendar year during the period of January 1, 1985 through September 6, 1990 but no more than four drifting gill net permits and/or 25 staked or anchored gill net permits, the applicant shall, as part of the applicant's application for a commercial gill net permit:
1. Document that the applicant sold a minimum of 5,000 pounds of fish or 250 bushels of crabs or any combination thereof where one bushel of crabs is equal to 20 pounds of fish in any one year from 1985 through 1990; and
2. Provide a copy of a valid New Jersey gill net license(s) held by the applicant in any one calendar year from January 1, 1985 through September 6, 1990 for each gill net permit requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.8 - Eligibility for Delaware Bay commercial and non-commercial gill net permits after the 60-day period following June 3, 1991

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for a Delaware Bay commercial gill net permit issued after the 60-day period following June 3, 1991, the applicant shall, at the time that the application is submitted to the Division, have three years of commercial fishery experience. The applicant shall include with the application a notarized affidavit by a commercial fisherman that the applicant has served as a crew member on a commercial fishing boat for a minimum of three years.
(b) If, at the time that an application for a Delaware Bay gill net permit is submitted to the Division, the applicant does not satisfy the eligibility requirement for a Delaware Bay commercial gill net permit set forth in (a) above, the applicant shall be eligible for a Delaware Bay non-commercial gill net permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.9 - Application for Delaware Bay commercial and noncommercial gill net permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual who wishes to enter the Delaware Bay gill net fishery shall submit an application for a Delaware Bay gill net permit to the Division. All applications shall be submitted on forms available from the Division and shall be accepted yearround. All permit application forms shall be obtained from and mailed to the Division at:
Department of Environmental Protection
Division of Fish and Wildlife
Marine Fisheries Permits
PO Box 400
501 East State Street
Trenton, New Jersey 08625-0400
(b) A complete Delaware Bay gill net permit application shall consist of:
1. A completed application form signed by the applicant; and
2. For a Delaware Bay commercial gill net permit to be issued during the 60-day period following June 3, 1991, full documentation establishing that the applicant satisfies the requirements for issuance of a commercial gill net permit set forth in 7:25-18.7(a) or (b), as appropriate; or
3. For a Delaware Bay commercial gill net permit to be issued after August 2, 1991 full documentation establishing that the applicant satisfies the requirements for issuance of a commercial gill net permit set forth in 7:25-18.8(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.10 - Issuance of Delaware Bay commercial and non-commercial gill net permits after August 2, 1991

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When, after August 2, 1991, the combined number of Delaware Bay commercial and non-commercial gill net permits for staked, anchored or drifting gill nets falls below 800 for staked or anchored gill nets or 200 drifting gill nets as set forth in 7:25-18.6(c), the Commissioner may issue new permits for the type of net allowed by the available permit.
(b) After August 2, 1991, the combined number of Delaware Bay commercial and non-commercial gill net permits for staked, anchored or drifting gill nets issued under (a) above shall be limited to no more than 800 for staked or anchored gill nets and 200 drifting gill nets.
(c) Delaware Bay commercial and non-commercial gill net permits shall be issued in the name of the applicant that appears at the top of the permit waiting lists maintained by the Division of Fish, Game, and Wildlife under 7:25-18.9(f).
(d) Applicants for commercial and non-commercial gill net permits shall remain at the top of the permit waiting list and shall be issued permits as they become available until the applicant has been offered the type and number of new gill net permits that the applicant applied for not to exceed the limits in (d)1 and 2 for each type of permit. Upon reaching the limits in (d)1 and 2 below, as appropriate, the applicant's name shall be removed from the permit waiting list.
1. Delaware Bay commercial gill net permits shall be issued for no more than four drifting gill nets and/or 25 staked or anchored gill nets.
2. Delaware Bay non-commercial gill net permits shall be issued for no more than one drifting gill net not to exceed 360 feet in length or two staked or anchored gill nets not to exceed 180 feet in length each.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.11 - Transfer of Delaware Bay commercial and noncommercial gill net permits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, Delaware Bay commercial and non-commercial gill net permits are non-transferable.
(b) The Commissioner shall transfer a Delaware Bay commercial or non-commercial gill net permit to the spouse, father, mother, son, daughter, brother or sister of the holder of the commercial or noncommercial permit provided that:
1. The Division receives a written request at the address set forth in 7:25-18.9(a)  signed by the holder of a Delaware Bay commercial or noncommercial gill net permit requesting transfer of the holder's permit to a designated spouse, father, mother, son, daughter, brother or sister;
2. For the transfer of a Delaware Bay commercial gill net permit, the written request under (b)1 above shall be accompanied by documentation that establishes that the designated spouse, father, mother, son, daughter, brother or sister has three years of commercial fishing experience; and
3. The number and type of commercial or non-commercial permits transferred shall be the same number and type issued to the holder.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.12 - Size, season, and possession limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following provisions are applicable to the commercial harvest of weakfish:
1. A vessel shall not possess or land in any one day more than 100 pounds of weakfish harvested by the gear specified below, provided the amount of weakfish landed from any vessel shall not exceed 50 percent, by weight, of the total weight of all species landed and sold, except during the respective open season specified below. During the respective open season for the gear types specified below, a vessel shall not possess or land in any one day more than 100 pounds of weakfish.
Gear
Open Season
Otter Trawl
January 1 through July 31 and October 13 through December 31
Pound Net
January 1 through June 6 and July 1 through December 31
Gill Net
January 1 through May 20, September 3 through October 19 and October 27 through December 31
2. A person shall not possess or land by any gear any weakfish less than 13 inches in length.
3. A vessel shall not possess or land by any gear other than the specified in (a)1 above more than 100 pounds of weakfish in any one day, provided the amount of weakfish landed from any vessel shall not exceed 50 percent, by weight, of the total weight of all species landed and sold, except during the respective open season specified in (a)1 above.
4. A dealer shall not accept more than 100 pounds of weakfish landed in New Jersey taken by the respective gear specified in (a)1 above, provided the amount of weakfish landed from any vessel shall not exceed 50 percent, by weight, of the total weight of all species landed and sold, except during the respective open season specified above. A dealer shall not accept from any vessel more than 100 pounds of weakfish landed in New Jersey during the respective open season for the gear types specified in (a)1 above.
5. A dealer shall not accept more than 100 pounds of weakfish a day landed in New Jersey taken by gear other than that specified in (a)1 above at any time, provided the amount of weakfish landed from any vessel shall not exceed 50 percent, by weight, of the total weight of all species landed and sold.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.13 - Striped bass bonus program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The possession of one "bonus sized" striped bass, measuring greater than or equal to 24 inches but less than 28 inches in length, will be allowed in addition to the possession limit allowed under N.J.A.C. 7:25-18.1(h) 1, pursuant to (b) through (
o
) below.
(b) Any person intending to take one "bonus sized" striped bass, as defined in (a) above, in addition to his or her striped bass possession limit as specified at N.J.A.C. 7:25-18.1(h) 1  shall apply to the Division to participate in the striped bass bonus program. Applications may be obtained from the following:
1. Division of Fish and Wildlife
Striped Bass Bonus Fish Program
Nacote Creek Research Station
PO Box 418
Port Republic, NJ 08241-0418
2. On the Division of Fish and Wildlife's website at
www.njfishandwildlife.com
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.14 - Otter and beam trawls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Vessels greater than 165 feet in length and in excess of 3,000 horsepower shall not fish in the marine waters of this State with an otter or beam trawl nor may any such vessel have an otter or beat trawl available for immediate use while on the marine waters of this State as defined in (b) below.
1. All trawl net doors possessed on the waters of the State of New Jersey must contain the official documentation number or the state registration number of the vessel to whom they belong indelibly branded or stamped in block letters no less than two inches in height on the surface of each door.
i. Trawl doors shall be used only by the vessel which corresponds to the branded or stamped numbers. A vessel may utilize another vessel's trawl doors provided the vessel owner utilizing such doors contacts the Division's Bureau of Law Enforcement at 609-748-2050 in advance and provides the following information: name of owner and vessel borrowing doors, name of owner, vessel and branded or stamped number of borrowed doors. The vessel owner borrowing the trawl doors shall also be responsible for contacting the Bureau of Law Enforcement in advance to indicate when he will begin utilizing his own trawl doors.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.15 - Atlantic sturgeon management

Current through Register Vol. 56, No. 14, July 15, 2024
An individual shall not take or attempt to take, possess or land any Atlantic sturgeon in the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.16 - Horseshoe crab (Limulus polyphemus)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An individual shall not catch, take, or attempt to catch or take, land or possess horseshoe crabs from any beach or shoreline or from the marine waters of this State unless such individual has in his or her possession a valid permit to take horseshoe crabs issued by the Commissioner of Environmental Protection. Subject to the limitations of this section, including any quotas specified in (d) below, any individual who wishes to harvest horseshoe crabs may be eligible to obtain a permit by completing an application available from the Division of Fish and Wildlife, Bureau of Marine Fisheries, PO Box 400, Trenton, N.J. 08625-0400. The following persons, in the following circumstances, are not subject to this section:
1. Property owners, tenants or agents of property owners may, at any time, remove dead horseshoe crabs from their property for purposes of disposal. No sale, trade, or barter of horseshoe crabs is permitted under this paragraph.
2. Persons collecting horseshoe crabs for strictly scientific purposes only and operating under the terms and conditions specified by a required scientific collecting permit issued pursuant to 23:4-52 by the Administrator of the Marine Fisheries Administration within the Division.
3. Individuals in possession of a valid New Jersey miniature fyke or a valid New Jersey lobster or fish pot license and in possession of bona fide written documentation that the horseshoe crabs were obtained from a legal source.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18 - MARINE FISHERIES › Section 7:25-18.17 - Request for adjudicatory hearing

Current through Register Vol. 56, No. 14, July 15, 2024
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 license and/or permit decision made by the Department under this subchapter may request an adjudicatory hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., in accordance with the provisions set forth in 7:25-14.21, Request for adjudicatory hearing.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18A - FISHERIES CLOSURES AND ADVISORIES FOR STRIPED BASS, AMERICAN EEL, BLUEFISH, WHITE PERCH AND WHITE CATFISH TAKEN FROM THE NORTHEAST REGION OF THE STATE › Section 7:25-18A.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter has been promulgated pursuant to the Marine Fisheries Management and Commercial Fisheries Act, 23:2B-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18A - FISHERIES CLOSURES AND ADVISORIES FOR STRIPED BASS, AMERICAN EEL, BLUEFISH, WHITE PERCH AND WHITE CATFISH TAKEN FROM THE NORTHEAST REGION OF THE STATE › Section 7:25-18A.2 - Scope and construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shall constitute the rules governing the issuance by the Department, of fisheries closures and advisories concerning PCB contaminated fish taken from the waters of the Northeast Region of the State.
(b) These rules shall be liberally construed to permit the Department to effectuate the purpose of these rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18A - FISHERIES CLOSURES AND ADVISORIES FOR STRIPED BASS, AMERICAN EEL, BLUEFISH, WHITE PERCH AND WHITE CATFISH TAKEN FROM THE NORTHEAST REGION OF THE STATE › Section 7:25-18A.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
"Advisory" means a Departmental warning to limit consumption of designated fish species taken from designated regions of the State's waters.
"Closure" or "closed" means prohibition of sales of designated fish species taken from designated regions of the State's waters.
"Commissioner" means the Commissioner of the Department of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Limited consumption" or "limit consumption" means that in order to reduce exposure to and bioaccumulation of PCBs, persons of high risk, including but not limited to pregnant women, nursing mothers, women of child-bearing age, and young children, should not eat any designated fish species taken from designated regions of the State's waters and all other persons should not consume more than one meal per week of any designated fish taken from designated regions of the State's waters.
"Northeast Region" means the region encompassing the New Jersey portion of Sandy Hook and Raritan Bay; the tidal portions of the Raritan River upstream to the Route 1 Bridge in New Brunswick; the Arthur Kill and Newark Bay; the Passaic River upstream to the Dundee Dam; the Hackensack River up to Oradel Dam; the Kill Van Kull and Upper New York Bay; and the Hudson River upstream to the New Jersey-New York State border, approximately four miles above Alpine, New Jersey.
"PCBs" means polychlorinated biphenyls.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18A - FISHERIES CLOSURES AND ADVISORIES FOR STRIPED BASS, AMERICAN EEL, BLUEFISH, WHITE PERCH AND WHITE CATFISH TAKEN FROM THE NORTHEAST REGION OF THE STATE › Section 7:25-18A.4 - Closure of fisheries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner finds, based upon specific investigations, that to protect the public health of the citizens of the State the following designated regions of the State's waters shall be closed and the sale prohibited of the following fish species:
1. Prohibition of the sale of Striped Bass (Morone saxatilis) taken from the Hudson River, Upper New York Bay, Newark Bay, Lower Passaic River, Lower Hackensack River, Arthur Kill and Kill Van Kull; and
2. Prohibition of the sale of American Eels (Anguilla rostrata) taken from the Hudson River, Upper New York Bay, Newark Bay, Lower Passaic River, Lower Hackensack River, Arthur Kill and Kill Van Kull.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18A - FISHERIES CLOSURES AND ADVISORIES FOR STRIPED BASS, AMERICAN EEL, BLUEFISH, WHITE PERCH AND WHITE CATFISH TAKEN FROM THE NORTHEAST REGION OF THE STATE › Section 7:25-18A.5 - Public advisories concerning fisheries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner finds, based upon scientific investigation, that to protect the citizens of the State, the following advisories concerning the taking of designated fish species from designated regions of the State's waters shall be set forth below:
1. Advisory for the limited consumption of Striped Bass (Morone saxatilis) taken from the Northeast Region, including offshore State waters in the northern coastal area;
2. Advisory for the limited consumption of American Eel (Anguilla rostrata) taken from the entire State, especially the Northeast Region;
3. Advisory for the limited consumption of Bluefish (Pomatomus saltatrix) taken from the Northeast Region, including offshore State waters in the northern coastal area;
4. Advisory for the limited consumption of White Perch (Morone american) from the Northeast Region; and
5. Advisory for the limited consumption of White Catfish (Ictalurus catus) from the Northeast Region.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18A - FISHERIES CLOSURES AND ADVISORIES FOR STRIPED BASS, AMERICAN EEL, BLUEFISH, WHITE PERCH AND WHITE CATFISH TAKEN FROM THE NORTHEAST REGION OF THE STATE › Section 7:25-18A.6 - Public notice of fisheries closures and advisories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall utilize all reasonable and effective methods to publicize and educate the citizens of the State concerning all fishery closures and advisories pursuant to this subchapter, including but not limited to the following:
1. Schedule appropriate press conferences;
2. Prepare and distribute appropriate press releases on May 15 and August 15 of each year, and as otherwise deemed necessary;
3. Post informational notices and signs in appropriate locations;
4. Advertise public notices in State newspapers on May 15 and August 15 of each year, and as otherwise deemed necessary;
5. Distribute public informational notices according to appropriate Departmental mailing lists; and
6. Compliance with notification requirements of the Administrative Procedures Act, 52:14B-1 et seq., and the regulations promulgated thereto.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 18A - FISHERIES CLOSURES AND ADVISORIES FOR STRIPED BASS, AMERICAN EEL, BLUEFISH, WHITE PERCH AND WHITE CATFISH TAKEN FROM THE NORTHEAST REGION OF THE STATE › Section 7:25-18A.7 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who violates any provision of this subchapter shall be liable to the full range of penalties set forth in Section 14 of the Marine Fisheries Management and Commercial Fisheries Act, 23:2B-14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 19 - ATLANTIC COAST HARVEST SEASON › Section 7:25-19.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall constitute the rules governing the method and season for harvest of oysters from the Reef, Fitney Bit, Turtle Island, Oyster Bed Point beds in Great Bay; the Mullica River above Deep Point; the Great Egg Harbor River, the Tuckahoe River, and the Middle River on the Atlantic Coast.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 19 - ATLANTIC COAST HARVEST SEASON › Section 7:25-19.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of these rules is to regulate the harvest of oysters from the beds enumerated at 7:25-19.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 19 - ATLANTIC COAST HARVEST SEASON › Section 7:25-19.3 - 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 19 - ATLANTIC COAST HARVEST SEASON › Section 7:25-19.4 - 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:
"Commissioner" means the Commissioner of Environmental Protection.
"Division" means the Division of Fish and Wildlife.
"Seed oysters" means all oysters planted on the beds listed at 7:25-19.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 19 - ATLANTIC COAST HARVEST SEASON › Section 7:25-19.5 - Method and season of harvest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall catch or take oysters or clams by any means from the Reef, Fitney Bit, Turtle Island, Oyster Bed Point beds in Great Bay; the Mullica River above Deep Point; the Great Egg Harbor River, the Tuckahoe River and the Middle River except with hand tongs during the harvest season.
(b) The harvest season for these oyster beds shall be determined by the size of the seed oysters planted, the time of planting, and the growth and survival rate of the seed oysters.
(c) Based upon the data referred to in (b) above, the harvest season for these oyster beds shall be established by the Commissioner or his designee in the Division, pursuant to 50:1-5, with the advice of the Atlantic Coast Section of the Shell Fisheries Council, except that no harvesting shall be permitted between June 30 and September 1 of any year.
(d) Nothing contained herein shall prevent or prohibit the harvest of oysters by mechanical power from any of the leased oyster grounds within the boundaries of the beds enumerated in (a) above by the lessee or his substitute harvester.
(e) Nothing contained herein shall prevent or prohibit the appropriate State authorities from conducting oyster management programs during the closed harvest season.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 21 - TERRAPIN REGULATIONS › Section 7:25-21.1 - Designation of terrapin season

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall take, catch, possess, expose for sale or attempt to catch or take any Malaclemys palustris, commonly known as diamondbacked terrapin, except between November 1 and March 31.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 21 - TERRAPIN REGULATIONS › Section 7:25-21.2 - Taking of terrapin

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall catch, take or attempt to catch or take any terrapin from any of the waters of this State by means of a trap, pot, fyke, seine, weir or net of any description.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 21 - TERRAPIN REGULATIONS › Section 7:25-21.3 - Size requirement

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall take, catch, or possess any terrapin less than five inches long, measured lengthwise along the under shell, nor take or destroy the eggs of any terrapin.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 22 - MENHADEN › Section 7:25-22.1 - Taking of Atlantic menhaden for fish meal reduction

Current through Register Vol. 56, No. 14, July 15, 2024
The taking of Atlantic menhaden (Brevoortia tyrannus) from the marine waters of the State of New Jersey by any means for fish meal reduction is prohibited. This prohibition does not apply to the taking of menhaden for bait or the taking of menhaden in whole form and freezing them for consumption by humans.