reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 22 - MENHADEN › Section 7:25-22.2 - 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.
"Bait net" means a net including, but not limited to, a bait seine, cast net, dip net, lift or umbrella net, or killi-pot.
"Dealer" means a person who has been issued a Menhaden Dealer License to purchase or barter menhaden landed in the State and who is the first point of sale for the purchase or barter of menhaden.
"Division" means the Division of Fish and Wildlife.
"Fishing" means the taking of menhaden from State or Federal waters.
"Gill net vessel" means a vessel that is used in the deployment of a gill net.
"Land" means to enter port with fish, begin offloading fish, or to offload fish.
"Menhaden set vessel" means the smaller of two vessels, often employed in conjunction with a purse seine catch vessel, used as a replacement for the weight of a purse seine to assist in setting the net.
"Other authorized gear" means the gear types listed at N.J.S.A. 23:5-24.2, and includes haul seines, fyke nets, and wire pound nets, which are licensed for the taking of menhaden.
"Pound net vessel" means a vessel that is used in the deployment of a pound net.
"Purse seine" means purse seine or shirred net gear.
"Purse seine carry vessel" means a vessel that is used to carry and land or sell menhaden and which works with a purse seine catch vessel or menhaden set vessel.
"Purse seine catch vessel" means a vessel that is used in the deployment of a purse seine, which may work in conjunction with a purse seine carry vessel or menhaden set vessel.
"Trawl vessel" means a vessel that is used in the deployment of a trawl net.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 22 - MENHADEN › Section 7:25-22.3 - Atlantic menhaden annual quota and season

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify the annual quota as determined by the Atlantic States Marine Fisheries Council, seasons, annual quota allocation, including modifying gear categories and the quota allocation by gear-type, incidental catch allowance, application of the incidental catch allowance to the annual quota, reporting requirements, trip limits, or gear marking requirements specified in this subchapter by notice in order to maintain consistency with any fishery management plan approved by the Atlantic States Marine Fisheries Council or to maintain consistency with fishery management plan approved by the Mid-Atlantic Fishery Management Council, the New England Fishery Management Council, or the South Atlantic Fishery Management Council and adopted by the National Marine Fisheries Service to provide for the optimal utilization of any quotas specified in this section. The Commissioner will review the catch rate in relation to the season quota and, if harvest data indicate that upward adjustments in harvest control measures are warranted to maximize utilization of the available quota within a specific season for a specific fishery, may adjust the above specified control measures to achieve optimal utilization of the total allowable catch. The Department shall publish notice of any such modification in the New Jersey Register, on the Department's website, through email to every menhaden license holder, and in the Division's commercial regulation publication. All such notices shall be effective when the Department files the notice with the Office of Administrative Law, or as specified otherwise in the notice.
(b) The Atlantic menhaden annual quota shall be divided among the various gear types, with the purse seine fishery being allocated 95 percent of the quota, and pound nets, wire pound nets, gill nets, trawls, bait nets, and other authorized gear being allocated the remaining five percent, combined. If the quota for any gear type is exceeded, the overharvested amount shall be deducted from the following year's quota.
1. The season for fishing and landing menhaden in the State shall be:
i. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by purse seine;
ii. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by gill net;
iii. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by pound net or wire pound net;
iv. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by trawl;
v. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by bait net; and
vi. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by other authorized gear not otherwise specified above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 22 - MENHADEN › Section 7:25-22.4 - Taking of Atlantic menhaden utilizing a purse seine

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons licensed to fish for, or in any way participate in the fishery for, Atlantic menhaden with a purse seine in the marine waters of New Jersey must be in possession of a Menhaden Purse Seine Fishing Vessel License or a Menhaden Purse Seine Fishing Vessel Operator's License for the purpose of taking Atlantic menhaden for bait or in whole frozen form for consumption by humans only.
1. A Menhaden Purse Seine Fishing Vessel License may only be issued to an owner and a vessel that have a valid Menhaden Purse Seine Fishing Vessel License from the previous year.
2. A menhaden set vessel that participates only in the setting of a purse seine in conjunction with a purse seine catch vessel is exempt from licensure.
3. A licensee shall not use, have on board the licensed vessel, or work in conjunction with any other vessel that uses any type of fishing gear other than purse seine.
4. A license issued pursuant to (b) and (c) below shall remain on board the licensed vessel at all times.
5. A license is good for one calendar year and the licensee must reapply every year for a license. Failure to renew a Menhaden Purse Seine Fishing Vessel License shall result in forfeiture of the license.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 22 - MENHADEN › Section 7:25-22.5 - Menhaden Landing and Personal Use and Limited Sale licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall land for the purposes of sale or barter, or otherwise sell or barter, more than 100 pounds of menhaden at any time in the State, unless the person is in possession of a Menhaden Landing License that authorizes the person to participate in the directed bait and whole frozen human food fishery for menhaden.
(b) Any person who intends to take menhaden from State waters for personal use as bait using a gill net, with the option to sell or barter 500 pounds or less in excess of the amount needed by the person for bait per day, shall obtain a Menhaden Personal Use and Limited Sale License pursuant to (l) below.
(c) Nothing in this section shall prohibit a person who does not possess a Menhaden Landing License or a Menhaden Personal Use and Limited Sale License from landing 100 pounds or less of menhaden for sale or barter, at any time, and on any trip or day.
(d) A person with a valid Menhaden Landing License who intends to land for the purposes of sale or barter, or otherwise sell or barter, more than 100 pounds of menhaden at any time shall obtain a Menhaden Landing License as follows:
1. The licensee must:
i. Complete the application form each year and submit it by December 31;
ii. Provide an email address to receive notifications from the Department; and
iii. Submit the correct fee as follows:
(1) The fee for a New Jersey resident using a purse seine is $ 150.00;
(2) The fee for a New Jersey resident using a gear type other than a purse seine is $ 50.00;
(3) The fee for a non-resident using a purse seine is $ 750.00 or an amount equal to the non-resident fee charged for the landing of menhaden in the non-resident's state, whichever is greater; or
(4) The fee for a non-resident using a gear type other than a purse seine is $ 250.00 or an amount equal to the non-resident fee charged for the landing of menhaden in the non-resident's state, whichever is greater.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 22 - MENHADEN › Section 7:25-22.6 - Transferability of certain licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon application to and approval by the Division, the holder of a Menhaden Purse Seine Fishing Vessel License, a Menhaden Landing License, or a Menhaden Personal Use and Limited Sale License may transfer the license as follows:
1. To a replacement vessel when the vessel named in the license is replaced by the licensee;
2. To a new owner of the vessel named in the license when the vessel is sold or otherwise transferred to another person; or
3. If the Menhaden Landing licensee uses a bait net and has no vessel, to any person.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 22 - MENHADEN › Section 7:25-22.7 - Vessel boarding

Current through Register Vol. 56, No. 14, July 15, 2024
The operator of, or any other person on board, a fishing vessel subject to this subchapter, shall immediately comply with the instructions and signals issued by any law enforcement officer and facilitate a safe boarding and inspection of the vessel, its gear, equipment, catch, and any area where fish may be stored.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 22 - MENHADEN › Section 7:25-22.8 - Menhaden Dealer License

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall purchase or barter for menhaden landed in the State, as the first point of sale, unless the person is in possession of a Menhaden Dealer License. No menhaden landed in the State shall be sold or traded to any person who is not licensed under this section.
(b) Any person who intends to purchase or barter for menhaden landed in the State shall complete and submit an application for a Menhaden Dealer License to the Division. A Menhaden Dealer License issued pursuant to this section shall be valid only for the calendar year for which it is issued and shall be renewed on an annual basis.
1. An applicant shall:
i. Complete the application form each year and submit it by December 31;
ii. Provide an email address to receive notifications from the Department; and
iii. Submit the correct fee, as follows:
(1) The fee for a New Jersey resident is $ 100.00; or
(2) The fee for a non-resident is $ 500.00 or an amount equal to the non-resident fee charged to a non-resident in the non-resident's state, whichever is greater.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 22 - MENHADEN › Section 7:25-22.9 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who violates any provision of this section shall be subject to the penalties provided at N.J.S.A. 23:2B-14.
(b) In addition to the penalties at N.J.S.A. 23:3-14, if a licensee falsifies or misrepresents any information contained in a report submitted to the Division, fails to report a release, fails to initiate a clean-up of a release, or fishes in, or allows a purse seine to drift into, any restricted fishing area, the licensee shall be subject to the following periods of license suspension:
1. A 30-day suspension of the license for a first offense;
2. A 60-day suspension of the license for a second offense; and
3. A 180-day suspension of the license for a third or subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 23 - PERMIT TO KILL WILD DEER › Section 7:25-23.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall constitute the rules governing the killing of deer, reasonably believed to be causing damage to crops on lands under cultivation, which, absent these rules, would be proscribed by the State Game Code, N.J.A.C. 7:25-5. Provisions for this exception to the State Game Code appears therein at 7:25-5.31.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 23 - PERMIT TO KILL WILD DEER › Section 7:25-23.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
These rules provide the owner or lessee of cultivated lands a permit to kill wild deer reasonably believed to be causing damage to seeded cultivated grasses or planted crops.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 23 - PERMIT TO KILL WILD DEER › Section 7:25-23.3 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall be liberally construed to permit the Department and the division to effectuate the purpose of 23:4-42.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 23 - PERMIT TO KILL WILD DEER › Section 7:25-23.4 - 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.
"Agent" means the person designated on the permit as an authorized agent of the permittee and whose signature is affixed to the permit.
"Department" means the Department of Environmental Protection.
"Division" means the Division of Fish and Wildlife.
"Lands under cultivation" means pasture fields seeded with cultivated grass or land on which planted crops are growing.
"Permit" means the Permit to Kill Wild Deer.
"Permittee" means the owner or lessee or any member of the immediate family thereof of lands under cultivation to whom a permit is issued by the Division.
"State Game Code" means the regulations providing for the management of game birds, game animals and fur-bearing animals promulgated by the Fish and Game Council pursuant to 13:1B-30 and appearing at N.J.A.C. 7:25-5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 23 - PERMIT TO KILL WILD DEER › Section 7:25-23.5 - Permit required; authorized permittee; agents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall hunt for, pursue, shoot at, take, kill, wound or attempt to take, kill or wound a deer of any description prohibited by the provisions of the State Game Code N.J.A.C. 7:25-5 or hunt for, pursue, shoot at, take, kill, wound, or attempt to take, kill, or wound any wild deer at any time except during the period permitted by the State Game Code, or kill in any one year more than the number of deer permitted by the State Game Code unless having on their person a current, valid permit to kill wild deer issued by the division.
(b) No person shall be issued the permit unless he or she is the owner or lessee of any land, at least five acres of which constitutes lands under cultivation.
(c) A permit for anticipated damage may be issued upon demonstration to the satisfaction of the Division of documented history of damage.
(d) Except as provided at (c) above, a person shall not be issued the permit unless and until he makes a reasonable showing to the Division, confirmed by a field investigation performed by Division personnel, of substantial deer-caused damage to seeded, cultivated grasses or planted crops. Under exigent circumstances, the permit may be issued for one day only without prior confirmation of necessity by field investigation; provided that within seven days thereafter a field investigation shall be performed by Division personnel. Should the Division then determine that conditions failed to warrant the issuance of the permit, no permit shall subsequently be issued to the same person without a prior field investigation confirming the necessity therefor.
(e) Any permittee or agent shall be in possession of the permit or a copy of the permit at all times when attempting to shoot deer.
(f) A permittee convicted of any two violations of any laws or regulations pertaining to hunting of this or any other state during a five-year period shall not be allowed to shoot deer pursuant to a permit for a period of two years from the date of such second conviction or of three years from the date of the latter of a third or subsequent conviction. A person convicted of any two violations of any law or regulation pertaining to fish, game and wildlife of this State or any other state during a five-year period shall not be allowed to be an agent for a period of two years from the date of such second conviction or three years from the date of the latter of a third or subsequent conviction.
1. A permittee killing deer under the permit on lands on which he does not reside must possess a New Jersey firearm purchaser identification card.
2. An agent killing deer on any land under the permit must possess a valid and proper New Jersey firearm hunting license and New Jersey firearm purchaser identification card.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 23 - PERMIT TO KILL WILD DEER › Section 7:25-23.6 - Permit conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The permittee and the agent shall adhere to the following conditions:
1. Conform with all Federal, State, and local statutes, rules, codes, and ordinances pertaining to the discharge of firearms;
2. Use only 10, 12, 16, or 20 gauge shotguns loaded with rifled slugs or 10 or 12 gauge buckshot to kill wild deer;
3. Firearms shall not be discharged from any vehicle;
4. Hunt or kill deer pursuant to the permit only on those lands of the permittee specified on the permit and only during those hours specified on the permit;
5. Display the permit to any person requesting visual inspection thereof and provide any Division representative access to the land under permit at any reasonable time;
6. Keep a daily record of hunting activity and deer mortality during the permit period and submit it to the Division upon request; failure to comply may be cause for revocation of the permit;
7. Deer killed pursuant to the permit shall not be sold or bartered by the permittee or the agent; however, the Division may authorize the permittee to keep for consumption one deer shot under permit annually for each separate, non-contiguous parcel of land under permit;
8. Deer killed pursuant to the permit may be donated by the permittee only as authorized by the division;
9. Dead deer disposal shall be the responsibility of the permittee and shall be effected in compliance with State and local statutes, rules, codes, and ordinances;
10. Dead deer shall be transported for disposal only as authorized by the division;
11. The permit shall expire as specified on the permit;
12. Within two weeks of the expiration of the permit, the permittee shall file with the division a written report giving the date and sex of every deer killed under the permit;
13. Failure to comply with any of the provisions of this subchapter or requirements of a permit may be cause for denial of subsequent permits; and
14. Persons other than the permittee or agent are prohibited from assisting in any way in the shooting activities including, but not limited to, the driving of deer or the driving of a vehicle.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 23 - PERMIT TO KILL WILD DEER › Section 7:25-23.7 - Liability

Current through Register Vol. 56, No. 14, July 15, 2024
The permittee shall assume all liability for any damage or injury caused while attempting to kill wild deer under the permit and shall keep, save, and hold the Division, the Department and the State of New Jersey harmless from loss from all claims, loss, liability, expense or damage in connection with the issuance of, and activities taken pursuant to, the permit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 23 - PERMIT TO KILL WILD DEER › Section 7:25-23.8 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to 23:4-48, any person violating any provision of this subchapter shall be liable to a penalty of not less than $ 100.00 nor more than $ 500.00 for the first offense and not less than $ 300.00 nor more than $ 1,000 for the second and each subsequent offense.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.1 - Scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter constitutes the rules of the Department of Environmental Protection governing the leasing of bottom on New Jersey's Atlantic Coast for the culturing of shellfish as authorized by 50:1-18 and 50:1-23 through 50:1-31. The objective of the leasing program is to provide bottom for use in the planting and cultivating of shellfish, including aquaculture (growout of hatchery reared seed) and layout (wet storage). If bottom will be used for cleansing (relay) activities, its use is subject to the requirements of 7:12-9.7 and 7:25-15.1 instead of this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.2 - 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 50:1-5 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause, or portion of this subchapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the section, subsection, provision, clause, portion, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the remainder of this subchapter or the application thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.4 - 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:
"Bottom" means lands of the State under the tidal waters of the State except in the tidal waters of the Delaware River, Delaware Bay and their tributaries.
"Bureau" means the Bureau of Shellfisheries in the Division of Fish and Wildlife.
"Commercial Shellfish License" means the commercial clam license required and available as specified in 50:2-1 to 50:2-5 and 7:25-8.1; or the oyster dredge boat license available as specified in 50:3-1 and N.J.A.C. 7:25A; or the oyster shucker, planter or dealer license available as specified in N.J.S.A. 50:3-20.1 1.
"Commissioner" means the Commissioner of the Department of Environmental Protection or his or her designee.
"Council" means the Atlantic Coast Section of the New Jersey Shell Fisheries Council.
"Department" means the Department of Environmental Protection.
"Lessee" means that person or persons holding a lease of bottom to be exclusively used and enjoyed by the lessee for the planting and cultivating of shellfish, approved by a majority of the Council and approved and signed by the Commissioner.
"New ground" means bottom not leased as of September 18, 1989, and any leased bottom not subject to a valid lease after September 18, 1989.
"Overstaking" means the placement of stakes or buoys so as to delineate an area greater than that described in the lease.
"Productive" means a determination by the Bureau that the bottom surveyed exhibits significant natural recruitment of one or more shellfish species, as evidenced by one or more of the following factors: shellfish density, shellfish year class strength, presence of juvenile shellfish, size distribution of shellfish population, environmental parameters (such as salinity), and historical production record.
"Public bottom" means bottom not subject to a valid lease on which shellfish may be harvested by members of the public subject to the provisions of this subchapter and any other applicable statutes and regulations.
"Shellfish" means hard clams (Mercenaria mercenaria), soft clams (Mya arenaria), sea clams (surf clams) (Mactra solidissima, also known as Spisula solidissima) and oysters (Crassostrea virginica).
"Shellfish Certificate" means any of the classifications of licenses or certificates issued by the New Jersey Department of Health pursuant to N.J.A.C. 8:13.
"Staking" means the placement of stakes or buoys to mark the boundaries of a leased area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.5 - Lease applications for new ground

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Lease applications for new ground shall be submitted in person, on forms provided by the Department, to:
Nacote Creek Shellfish Office
P.O. Box 418, Route 9
Port Republic, New Jersey 08241-0418
(609) 441-3284
(b) An application for a shellfish lease for new ground may be submitted by any person who must meet the statutory requirements for leasing specified at 50:1-23 through 50:1-31, who, in the five years prior to making application, has not been convicted of violation of N.J.S.A 50:4-3 or 58:24-3 or of any administrative rule promulgated pursuant to those statutory provisions, and who also satisfies the following requirements:
1. Holds a valid New Jersey Commercial Shellfish License; or
2. Holds a valid New Jersey Shellfish Certificate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.6 - Consideration of lease applications for new ground

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once the Department has received a fully completed lease application and biological survey fee, submitted by a person satisfying the requirements at 7:25-24.5(b), (d), (f) and (g), the Department shall consider the area of new ground applied for closed to use by the public and the applicant until the Council decides to deny the lease or until the applicant receives the executed lease from the Department.
(b) Once an applicant satisfying the requirements at 7:25-24.5(b), (d), (f), and (g) has submitted a fully completed lease application and biological survey fee to the Department, the applicant shall delineate the approximate boundary of the proposed lease area with temporary corner stakes or buoys marked with the applicant's last name, to enable the Bureau to conduct the biological survey specified in (c) below.
(c) Except as specified in (c)1 and 2 below, before the Council grants any lease application for new ground, the Bureau will conduct a biological survey to determine the shellfish productivity of the proposed lease area. If the applicant fails to place temporary stakes on the proposed lease area within six months of submitting the lease application, the Council shall automatically deny the application.
1. Any application to lease new ground in the area west of the exterior line delineated by lot numbers 2239, 2240, 2224, 2236.1, 2262.1, 2262, 2261, 2267, 2271, 2269, 2252, 2251, 2254, 2213.1, 2213, and 2282, on the Bureau's Section B, Chart 24.2, available for public inspection at the Nacote Creek Shellfish Office, in the region known as Dry Bay/Hammock Cove shall be exempt from the requirement of a biological survey and from payment of the biological survey fee.
2. Any application to lease new ground in the following areas will be exempt from the requirement of a biological survey and from payment of the biological survey fee, provided, however, that after September 18, 1989 applications for new ground in the following areas will only be accepted from applicants who possess no other leases:
i. Big Creek (Great Bay) lot numbers: 398, 399, 400.1, 401.1, 402.1, 403.1, 404.1, 405.1, 406, 407.1, 408.1, 409.1, 410, 411.1, 412.1, on the Bureau's Section B, Chart 10, available for inspection at the Nacote Creek Shellfish Office; and
ii. Mordecai Island (Little Egg Harbor Bay) lot numbers: 1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, on the Bureau's Section B, Chart 13.1, available for inspection at the Nacote Creek Shellfish Office.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.7 - Hydrographic survey charges; annual lease fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following approval of a lease of new ground by the Council and the Commissioner, the Bureau shall perform a hydrographic survey of the lease area described in the application to verify its location and boundaries. Before the Department issues an executed lease to the applicant, the applicant shall reimburse the Bureau for the expense of the hydrographic survey at the rate of $ 30.00 per corner. Failure to reimburse the Bureau within 30 days of the Council's approval of the lease will constitute grounds for denial of the lease application, and the area applied for shall revert to public bottom.
(b) The annual lease fee for Atlantic coast shellfish leases is $ 2.00 per acre for those areas measured in acres.
(c) The annual lease fee for Atlantic coast shellfish leases is $ 2.00 per 100 linear feet of shoreline for those areas measured in linear feet of shoreline (Mullica River and tributaries, Motts Creek and tributaries).
(d) Notwithstanding (b) and (c) above, the minimum annual lease fee for any lessee leasing bottom on the Atlantic Coast is $ 5.00.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.8 - Lease renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Lessees may renew their leases by submitting the annual lease fee in person at the Nacote Creek Shellfish Office by December 31 for the following calendar year. If illness or other extenuating circumstances prevent a lessee from renewing a lease by December 31, the Council in its discretion may extend the payment deadline by one month if an extension is requested by the lessee or the lessee's agent at the January Council meeting. If a lessee does not either renew the lease by the payment deadline or receive an extension of the payment deadline from the Council, the lease shall be terminated for non-payment after the January Council meeting and the area described in the terminated lease shall revert to the public bottom.
(b) Renewal of the lease is subject to the lessee's meeting all statutory criteria for leasing, specified at 50:1-23 through 50:1-31.
(c) Renewal of the lease is subject to the lessee's maintaining a valid Commercial Shellfish License or Shellfish Certificate.
(d) Renewal of the lease is subject to the lessee's not having been convicted in the year prior to renewal of any violation of 50:4-3 or 58:24-3 or of any administrative rule promulgated pursuant to those statutory provisions.
(e) At the time of renewal, the lessee shall file a completed report indicating the number of days the lease was worked during the past lease term. The Bureau will provide reporting forms to all lessees by September 15 of each year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.9 - Lease transfers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Leases may be transferred only with the approval of both the Council and the Commissioner and only under the following circumstances:
1. The new lessee shall meet all statutory criteria for leasing specified at 50:1-23 through 50:1-31, shall be the holder of a valid Commercial Shellfish License or a Shellfish Certificate and shall not have been convicted in the five years prior to the transfer of violation of 50:4-3 or 58:24-3 or any administrative rule promulgated pursuant to those statutory provisions;
2. The new lessee and the current lessee shall apply for the lease transfer in person at the Nacote Creek Shellfish Office;
3. A lease of new ground acquired through the application process shall not be transferred for a period of one year following the grant of the lease;
4. An application for a lease transfer shall be placed on the agenda of the next regularly scheduled Council meeting for consideration. At that meeting, the Council will receive public comment on the transfer application and shall render a decision to deny the lease application or shall grant the transfer application subject to approval by the Commissioner. A hydrographic survey of the lease area will be required only if the Council or the Department request at the Council meeting that the Bureau perform such a survey to verify the lease area location and/or boundaries; and
5. Following approval of a transfer by the Council and the Commissioner for which a hydrographic survey is requested by either the Council or the Department, the Bureau shall perform a hydrographic survey of the lease area described in the transfer application to verify its location and boundaries. Before the Department issues an executed lease to the new lessee, the new lessee shall reimburse the Bureau for the expense of the hydrographic survey at a rate of $ 30.00 per corner. Failure to reimburse the Bureau within 30 days of the Council's approval of the transfer will constitute grounds for denial of the lease application, and the area applied for shall revert to public bottom.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.10 - Staking of leases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All leases must be staked before working or by May 1 of each year, whichever occurs first, as specified below:
1. There shall be at least two stakes or buoys at each corner;
2. Line stakes or buoys shall be placed no greater than 150 feet apart so as to delineate a definite line between corners;
3. All stakes and buoys must project at least four feet above high water;
4. If the lessee of record holds leases for two or more adjacent leased areas, it is only necessary that the outside perimeter of the lessee's combined area be staked as specified in (a)1, 2 and 3 above; and
5. The above staking requirements do not apply where corner or line stakes or buoys would fall within a designated navigation channel. The placement of corner or line stakes or buoys within designated navigation channels is prohibited.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.11 - Improper staking of leases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who stakes an area for which he or she does not possess a valid lease or lease application shall be subject to the penalties prescribed in 7:25-24.17.
(b) If a survey by the Bureau of Shellfisheries reveals that a lease is overstaked the lessee shall be required to:
1. Pay the expense of the survey;
2. Pay a monetary penalty as provided in 7:25-24.17; and
3. Relocate corner and line stakes to their proper positions immediately.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.12 - Protection of leased lands from invasion

Current through Register Vol. 56, No. 14, July 15, 2024
A person shall not dredge upon, throw, cast or drag an oyster dredge, use oyster tongs, rakes, forks or other instruments or appliances used for catching oysters or clams, or tread for clams, upon any of the leased lands of the State lying under the tidal waters of the Atlantic seaboard or tributaries thereof, above Cape May Point, other than land or ground for which such person or his or her employer then holds a lease from the Council. Violators shall be subject to the penalties prescribed in 7:25-24.17.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.13 - Disposition of condemned lease areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any bottom leased through the application process after September 18, 1989 and subsequently condemned for the harvest of shellfish pursuant to 58:24-1 et seq., as implemented by N.J.A.C. 7:12, shall be governed by the following:
1. The lessee shall be given a period of two years from the date the lease area was condemned during which time the lessee may move any shellfish present to a lease in approved water. To exercise the option to remove shellfish to approved waters, the lessee of a condemned lease area shall maintain a valid Commercial Shellfish License or Shellfish Certificate, and renew the lease if necessary, as specified in 7:25-24.8;
2. Prior to moving any shellfish, the lessee shall apply for and receive a special permit for this purpose, issued pursuant to 58:24-1 et seq., as implemented by N.J.A.C. 7:12, from the Division of Water Resources, Bureau of Marine Water Classification and Analysis;
3. During the two year period following the condemnation of a lease area, the lease shall not be transferred except by descent or distribution upon the death of the lessee, using the procedure in 7:25-24.9. The new lessee shall meet all criteria for the transfer of a lease specified in 7:25-24.9(a). A transfer occurring because of the lessee's death does not affect the two year period allowed for removal of shellfish; and
4. At the end of the two year period specified in (a) above, the lease shall be terminated. The lease shall not be renewed or extended unless the lessee demonstrates the need to continue the lease to the Council and the Commissioner. Grounds for extension of the lease may include illness. Failure to obtain a permit for transplanting shellfish shall not be grounds for extension of the lease.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.14 - Disposition of terminated lease areas

Current through Register Vol. 56, No. 14, July 15, 2024
If a lease governed by this subchapter is terminated for any reason, the lease area shall be considered public bottom available for harvesting or lease application provided not prohibited by this subchapter or other statutes or rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.15 - Research/educational activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Council may grant, subject to the approval of the Commissioner, leases of new ground to educational institutions for the purpose of research or education, or both. Such leases shall be in the name of the institution and the responsible investigator.
(b) The application for a research/education lease shall be accompanied by a written proposal explaining the need for the lease and describing the research to be conducted.
(c) The holder of a research/education lease shall apply for annual lease renewal prior to December 31 of each year. Renewal of a research/education lease is contingent upon a written report on the use of the lease during the past lease term. The report shall explain the research and education activities conducted and the results obtained. In addition, a proposal for use of the lease for the coming year shall be submitted as part of the report.
(d) Applications, reports and proposals for research/education leases and research/education lease renewals shall be reviewed by Bureau staff who shall recommend to the Council and to the Commissioner whether to grant, renew or deny each lease for the purpose of research or education, or both.
(e) A lease issued for the purpose of research or education, or both, shall not be used as a commercial venture or profit making activity for any institution, investigator, student or any other person. Shellfish or other items obtained through a research/education lease shall not be sold under any circumstances.
(f) Leases for research/education purposes are subject to the provisions of this subchapter except as follows:
1. A commercial shellfish license or shellfish certificate is not required for obtaining or renewing the lease (see 7:25-24.5 );
2. The Bureau will not conduct a biological survey unless requested by the Council. If the Bureau conducts a biological survey, a biological survey fee will not be charged unless requested by the Council in its discretion (see 7:25-24.6(c)  );
3. A lease fee will not be charged (see 7:25-24.7 );
4. The Bureau will not conduct a hydrographic survey and will not charge a hydrographic survey fee; however the lessee shall follow the provisions of 7:25-24.10 concerning staking (see 7:25-24.7 ); and
5. The Council, with the approval of the Commissioner, may grant a research/education lease of more than two acres if, in the opinion of the Council, the written proposal accompanying the lease application justifies the need for the increased lease size.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.16 - Signatories; certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applicants shall, upon submission of initial or renewal applications, transfer applications, or annual reports, sign the following certification on the application or report forms:
1. "I certify under penalty of law that the information provided in this document is true, accurate and complete. I am aware that there are significant civil penalties for submitting false, inaccurate or incomplete information and significant criminal penalties, including fines and/or imprisonment, for submitting false, inaccurate or incomplete information or information which I do not believe to be true."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 24 - LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE › Section 7:25-24.17 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Violations of any section of this subchapter, or any lease or order issued pursuant to it, shall subject the violator to the penalties set forth in the Marine Fisheries Management and Commercial Fisheries Act, 23:2B-1 et seq., at 23:2B-14. Penalties may include monetary penalties of $ 100.00 to $ 3,000 for a first violation, and $ 200.00 to $ 5,000 for any further violations. Penalties may also include confiscation of any vessel or equipment used in committing a violation. The Department may compromise and settle any claim for a penalty under this subsection in such amount in the discretion of the Department as may appear appropriate and equitable under all the circumstances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter constitutes the rules governing the issuance, renewal, substitution and transfer of oyster dredging licenses, the leasing of oyster ground in Section E in Delaware Bay, the taking and reporting of oysters from the Delaware River, Delaware Bay and their tributaries, with the exception of the leased areas, and the imposition, collection and dedication of fees to finance an oyster cultch and resource enhancement program to facilitate the protection, conservation, management and improvement of the oyster resource and industry in New Jersey. The oyster management program, which includes, as a component, the oyster cultch and resource enhancement program, includes a limitation on the number of available licenses, a limitation on harvest to specific fishing times and areas and the establishment of a seasonal harvest quota.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.2 - 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 23:2B-14, 23:3-12.2, 50:1-1 et seq., 50:2-7 through 50:2-10, 50:2-11, 50:2-12, and 50:3-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25A - OYSTERS › Subchapter 1 - OYSTER MANAGEMENT › Section 7:25A-1.4 - Licenses; residence of vessel owners; tonnage determination; consolidation of licenses and annual harvest quotas; license fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No licenses authorized by 50:3-1 shall be issued except as a renewal for those vessels validly licensed during the year prior to that of the license to be issued.
(b) The owner of a licensed oyster dredge vessel shall be legally domiciled or incorporated in the State of New Jersey.
(c) No vessel owned wholly or in part by a nonresident and licensed in any other state to catch oysters on natural beds or grounds in such other state shall be licensed in this State within the same year in which such license to catch oysters in such other state shall have been or shall be issued.
(d) For the purposes of licensing, gross tonnage shall be determined based on one of the following:
1. For vessels five gross tons or less that are not eligible for a United States Coast Guard Certificate of Documentation and were built in the United States, the applicant shall provide a current New Jersey Motor Vehicle Registration for the vessel and shall certify that the vessel is not eligible for a United States Coast Guard Certificate of Documentation.
2. For vessels greater than five gross tons that were built in the United States, the applicant shall provide a current copy of the United States Coast Guard Certificate of Documentation for the vessel. The Certificate of Documentation shall include the owner's name and address as well as the dimensions and gross tonnage of the vessel.
3. For any vessel built outside of the United States, the applicant shall provide gross tonnage documentation in accordance with 7:25A-1.5(k).