New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 12 - SHELLFISH GROWING WATER CLASSIFICATION › Subchapter 9 - SHELLFISH PERMITS FOR HARVEST FOR WATERS OTHER THAN APPROVED; RESEARCH; RESTORATION AND ENHANCEMENT; TOXINS MONITORING; AND AQUACULTURE › Section 7:12-9.6 - Soft clam and/or hard clam depuration harvester permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose
				of the Soft Clam and/or Hard Clam Depuration Harvester Permit is to allow soft
				and/or hard clams to be harvested from Restricted waters and ultimately
				marketed after processing through a depuration plant operating pursuant to a
				certification issued by the Department of Health under N.J.A.C. 8:13-2 and a
				Soft and/or Hard Clam Depuration Plant Permit issued under
N.J.A.C. 7:12-9.5
.
(b) In addition to the
				completed Consolidated Permit Application form and application fee required
				under
7:12-9.3
, an applicant
				for a Soft Clam and/or Hard Clam Depuration Harvester Permit shall specify the
				depuration plant at which the applicant intends to land harvested shellfish and
				submit a copy of a valid shellfish license.
(c) A Soft Clam and/or Hard Clam Depuration
				Harvester Permit is subject to the following requirements and conditions:
1. The only shellfish that may be harvested
				under this permit are soft clams (Mya areanaria) and/or hard clams (Mercenaria
				mercenaria) as specified in the issued permit document.
2. Area(s) of harvest are limited to those
				specified on the charts attached to the issued permit document or amended
				charts sent by the Bureau to the current mailing address of the permittee on
				record with the Bureau. The permittee is on notice that any emergency closure
				or harvest suspension imposed pursuant to
7:12-1.4
may affect the
				waters specified on the charts. The Department will post notice of all
				emergency closures and harvest suspensions at
www.nj.gov/dep/bmw
.
3. The harvester shall possess a valid
				shellfish license issued by the Department's Division of Fish and Wildlife
				pursuant to
				50:2-1.
4. The harvester shall have the issued
				depuration harvester permit document in possession while working in the
				specified areas.
5. Each vessel
				used by a harvester under this permit shall be marked, on both sides
				(amidships), with legible black lettering (minimum six inches in height) on the
				color background assigned by the Department to each depuration plant, giving
				the permittee's first initial and last name and permit number.
6. Each harvester shall report in person each
				day, prior to any harvest activities, to the depuration plant to obtain the
				specific number of Department of Health-approved primary harvest containers
				and, if so desired, obtain additional approved alternate containers in
				accordance with
7:12-9.5
.
i. No containers to hold shellfish, other
				than the approved harvest containers (primary and alternate) obtained from the
				depuration plant, may be possessed in or on any harvest vessel used under this
				permit. However, a harvester may have onboard up to three clam baskets solely
				for purposes of culling and sorting harvested clams.
ii. Any harvester in possession of approved
				harvest containers (primary or alternate) shall be deemed to have harvested all
				clams in the harvester's possession from Restricted waters.
iii. Clams in the primary and alternate
				containers shall be transported directly from the harvest area to the
				designated depuration landing site(s) by the most direct route without making
				any stops or landings along the way. Each harvester shall land the entire day's
				catch at the depuration landing site(s) specified in the issued permit document
				between the hours of 8:00 A.M. and 4:00 P.M. The harvester shall take all
				reasonable measures to ensure that the containers of clams landed at the plant
				are filled to capacity. Upon arriving at the depuration plant, the harvester
				shall transfer all clams in the alternate containers to the corresponding
				primary containers.
iv. Should an
				emergency arise or adverse weather conditions exist, the harvest vessels may
				dock at the depuration plant when necessary, except that off loading of clams
				shall not be initiated until the specified landing times.
v. Upon landing at the designated depuration
				landing site(s), the harvester shall enter the following information on the
				Harvester Allocation Tag affixed to each primary container by the depuration
				plant pursuant to
7:12-9.5
				(c)
3: harvester name, date, and the harvest area.
7. Harvesting by methods not permitted
				pursuant to any State laws and rules are prohibited.
8. Any species of shellfish other than soft
				and hard clams shall be immediately released at the location from which they
				were harvested and shall not be removed from the harvest site.