New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Annual harvest quota" means the total amount of the oyster resource from the State's natural seed beds that may be harvested by all licensed oyster vessels during a direct market harvest season or oyster transplant season.
"Annual tag allotment" means the harvest tags issued by the Division to an oyster dredge vessel license holder in an amount equal to a harvester's individual allocation.
"Bushel" means the volume of oysters within the shell containerized in baskets or bags having a capacity of not more than one standard bushel, as defined at 51:1-16.
"Cage" means a container used during a direct market harvest season or oyster transplant season containing 29.87 cubic feet (842.7 liters) and having a capacity of not more than 24 bushels of oysters within the shell.
"Commissioner" means the Commissioner of the Department of Environmental Protection or his or her designee.
"Consolidated license" means an oyster dredge vessel license that combines up to six oyster dredge vessel licenses originally held in accordance with 50:3-1 and the licenses' quotas. The consolidated license is issued to a designated harvest vessel in accordance with 7:25A-1.4.
"Container" means a holding or transporting apparatus used to retain oysters, in 24-bushel cages or in baskets or bags with a capacity of not more than one U.S. standard bushel.
"Council" means the Delaware Bay Section of the New Jersey Shellfisheries Council.
"Culling" means the act of sorting and discarding undersized oysters, dead shell and/or debris.
"Cultch" means shell and other material placed on the bottom of a waterbody that is capable of functioning as a substrate for the attachment or setting of oyster larvae. Cultch is deployed in selected locations to either enhance recruitment or restore or maintain oyster habitat.
"Delaware Bay Office" means the Division's Delaware Bay region field office located at 1672 E. Buckshutem Road, Millville, New Jersey 08332. The office telephone number is (856) 785-0730.
"Department" means the Department of Environmental Protection.
"Designated harvest vessel" means a licensed oyster dredge vessel that has been designated by the owner in accordance with 7:25A-1.4 to harvest the annual harvest quota for that vessel as well as the annual harvest quota of up to five of the owner's other licensed oyster dredge vessels (for a maximum harvest of the quota attributable to up to six oyster dredge vessel licenses).
"Direct market harvest season" means April 1 to June 30, the season, as established at 50:3-8 and 50:3-9, during which the natural seed beds may be legally opened for the taking of oysters for the purpose of direct market sale. Pursuant to N.J.S.A. 50:3-8, the duration of the direct market harvest season may be modified by the Commissioner after consultation with the Council.
"Division" means the Division of Fish and Wildlife in the Department of Environmental Protection.
"Gross tonnage" means a vessel's approximate volume as determined by a U.S. Coast Guard authorized measurement system, in accordance with the 46 CFR 69.9.
"Harvest" or "harvesting" means the act of collecting oysters with dredge, tongs or other means.
"Harvester" means the captain, license holder, or other person responsible for the operation of a vessel engaged in the act of collecting oysters with dredge, tongs or other means.
"Harvest trip" means a departure from port, transit to the State's natural seed beds, harvesting and return to port.
"Haskin Shellfish Research Laboratory" means the Rutgers University Haskin Shellfish Research Laboratory, located in Port Norris, New Jersey.
"Individual allocation" means an oyster dredge vessel license holder's equal fraction of the annual harvest quota that is available for harvest pursuant to N.J.A.C. 7:25A-2.
"Land" means to enter port in possession of oysters, to dock to a man-made structure in possession of oysters or to begin offloading harvested oysters.
"Landing sites" means all Division-approved offloading sites.
"Licensed oyster dredge vessel" means a vessel licensed pursuant to this chapter and 50:3-1, equipped to harvest oysters by means of a dredge or dredges.
"Market oyster" means any seed oyster taken from the State's natural seed beds as part of a direct market harvest season or oyster transplant season with a minimum size of two and one-half inches in height from hinge to lip.
"Minimum tonnage license" means an oyster dredge vessel license issued to a vessel which is five gross tons or less.
"Natural seed beds" means any of the natural beds or grounds in Delaware Bay or Delaware River above the southwest line, except that area known as Section "E".
"Offload" or "offloading" means to separate physically a container of oysters from a vessel.
"Oyster cultch program" means the program governing the purchase and planting of shell or other cultch material in order to increase oyster recruitment or for general bed maintenance. The program also includes other enhancement activities such as, but not limited to, the transplanting of seed oysters within the Delaware River, Delaware Bay and their tributaries and other support activities.
"Oyster dealer" means any person who purchases oysters harvested by individuals from the Delaware River, Delaware Bay and their tributaries, in the shells as they are offloaded from oyster vessels, and who is licensed pursuant to N.J.S.A. 50:3-20.1 1.
"Oyster dredge vessel license holder" means the owner who has legal title or right to a vessel that is licensed to harvest oysters with dredge from any of the natural beds or grounds in the Delaware River or in the Delaware Bay above the Southwest line, except in that area known as Section E.
"Oyster resource development account" means the dedicated account into which are deposited all revenues received through the sale of oyster harvest tags from oysters harvested from the Delaware River, Delaware Bay and their tributaries, including, but not limited to, all license fees collected pursuant to this chapter and 50:1-18, 50:3-2 and 50:3-20.1 3. The monies in the account are allocated to the Division and shall be disbursed only for the enhancement and management of the oyster resource in the Delaware Bay in the amounts and manner prescribed by the Commissioner, after consultation with the Delaware Bay Section of the New Jersey Shellfisheries Council.
"Oyster transplant season" means April 1 to June 30, the season, as established at 50:3-8 and 50:3-9, during which the natural seed beds may be legally opened for the taking of seed oysters for the purpose of transplanting oysters to the leased grounds. Pursuant to 50:3-8, the duration of the oyster transplant season may be modified by the Commissioner after consultation with the Council.
"Person" shall include, but is not limited to, corporations, companies, associations, societies including nonprofit organizations, firms, partnerships, joint stock companies, individuals, and governmental entities.
"Planting" means to physically move oysters off a vessel onto a leased ground.
"Section 'E' " means the leased area above the southwest line described at 50:1-23.
"Seed oysters" means all oysters harvested from any of the lands lying under the tidal waters of the Delaware River, Delaware Bay and their tributaries, with the exception of the leased areas. For purposes of fee calculations pursuant to 7:25A-2.6 and 3.6, oysters that have been removed from natural seed beds and planted on leased areas are not considered to be seed oysters subsequent to planting in the leased area.
"Southwest line" means a line running directly from the mouth of Straight Creek to Crossledge Lighthouse in Delaware Bay, as described at 50:3-11.
"Time" means Eastern Standard time (EST) or Eastern Daylight Savings time (EDT), whichever is in effect that date.
"Tongs" means a device used in catching oysters that consists of two shafts or handles attached to opposable and complementary pincers, baskets or containers operated entirely by hand from the surface of the water and that has no external or internal power source.
"Validly licensed" means a vessel which has been licensed and operated as required by the provisions of this chapter and either:
1. Is operable, that is, entirely capable of the commercial dredging harvest of oysters under its own motive power at the time of license application or renewal unless exempted from this requirement by the Commissioner, upon the recommendation of the Council and its finding that exigent circumstances warranted such recommendation; or
2. Is a vessel from which the license has been consolidated to a designated harvest vessel under a consolidated license.
"Wholly owned" means a licensed oyster dredge vessel legally documented by either the U.S. Coast Guard (if five net tons or over) or the New Jersey Motor Vehicle Commission (if under five net tons) as being solely owned by one person who has legal title or right to said vessel.