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 7:12-9.11 - Permit for Shellfish Restoration and/or Enhancement in Waters Other Than Approved

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Permit for Shellfish Restoration
				and/or Enhancement in Waters Other Than Approved authorizes the gardening of
				shellfish at a single site in waters other than Approved by a non-profit
				organization or government agency for purposes of restoring or enhancing the
				shellfish resource or enhancing water quality, and not for human
				consumption.
(b) In addition to the
				completed Consolidated Permit Application form and application fee required
				under
7:12-9.3
, an applicant
				for a Permit for Shellfish Restoration and/or Enhancement in Waters Other Than
				Approved shall submit:
1. A copy of a valid
				Scientific Collecting Permit issued by the Department's Division of Fish and
				Wildlife allowing the collection of the species for which the applicant seeks
				the Permit for Shellfish Restoration and/or Enhancement in Waters Other Than
				Approved; and
2. A project overview
				that includes the following:
i. The name of
				the project manager, and the names of all participants, identifying each
				participant's roles and responsibilities in the project;
ii. A detailed description of the
				objective(s) of the project;
iii.
				The name(s) and location of the waters where the project is proposed to be
				conducted and the classification(s) of those waters under this
				chapter;
iv. The anticipated length
				of time to accomplish the project, including intended start and finish
				dates;
v. A description of the
				design of the project, including considerations of site selection, source of
				shellfish (wild versus hatchery stock), minimizing predation, spatial
				arrangement, and shellfish density;
vi. A description of the type of
				structure(s), or alteration or enhancement of the bottom, to facilitate the
				growth of shellfish, for example, reef bags, reef balls, cages, broad-scale
				placement of shell at high density, and reefs;
vii. A map indicating the location of any
				structure(s), including GPS coordinates;
viii. The species and size, and estimated
				number of shellfish to be used over the course of the project, and if a
				multi-year project is anticipated, the species and size, and estimated number
				of shellfish to be used each year;
ix. The criteria by which success of the
				project is to be measured with respect to the objectives;
x. The method(s) and schedule for monitoring
				shellfish growth and health;
xi. A
				schedule for maintenance activities;
xii. A security plan that ensures adequate
				controls are in place to prevent the unauthorized harvest of shellfish. The
				minimum requirements for the security plan are:
(1) Continuous surveillance and patrol (24
				hours/day, 365 days/year) of the project site. Where the surveillance and
				patrol are provided by an entity other than the permittee, evidence that the
				entity has entered into a legally binding agreement with the permittee to
				provide the surveillance and patrol;
(2) Provisions requiring immediate
				notification of law enforcement in the event of any security breach or
				emergency; and
(3) Other security
				measures based on site-specific circumstances, such as signs, fencing, or
				structures that limit access to the site or to the shellfish; and
xiii. Where the project is being
				continued from the previous year, the Project Summary Report described at (d)
				below for that previous year.