New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.20 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person violating any of the provisions of this subchapter relating to crabs shall be liable to the penalties provided by 23:2B-14 except for (b), (c) and (d) below.
(b) Any person not having a valid license in possession or failing to exhibit same for inspection by an authorized law enforcement officer while tending a pot or trot line or dredging crabs, or violating the provisions of 7:25-14.5(a)1  or 2 or 14.6 shall be liable to a penalty of $30.00 for the first offense and $50.00 for each subsequent offense.
(c) Any person failing to check crab pots at least once every 72 hours pursuant to 7:25-14.2(d)  shall be liable to a penalty of $30.00 for each pot in violation.
(d) Any person violating the provisions of 7:25-14.9 or 14.10 shall be liable to a penalty of $30.00 for each crab taken or had in possession.
(e) Any person using or possessing a crab pot which does not contain a biodegradable panel or other mechanism specified in 7:25-14.1 shall be subject to a penalty of $30.00 for each pot in violation.
(f) Any person dredging crabs outside of the "crab dredge area" or dredging crabs on unauthorized marked leased shellfish grounds pursuant to 7:25-14.7(b)  shall be subject to the penalties provided by 23:2B-14 in addition to a mandatory 12 month crab dredge license privilege revocation and seizure of the entire catch in possession. The commercial licensee shall be held liable and subject to license privilege revocation and catch seizure for violations actually committed by an agent based upon the apparent authority of the agent to act for his or her principal.
(g) Any person violating the provisions of 7:25-14.13, lobster size, tail size and landing of lobster parts; 7:25-14.14, possession limits; 7:25-14.15, prohibition of egg-bearing lobsters, v-notched female lobsters and the prohibition of the use of a penetrating device; 7:25-14.16, eligibility for a lobster pot permit and pot allocation; 7:25-14.17, lobster pot tag program; 7:25-18.5(g)11  i, lobster pot maximum size or 7:25-18.5(g)11  iv, escape vents, shall be subject to a penalty of $30.00 for each lobster, lobster part or lobster pot in violation.
(h) Failure to comply with the provisions of N.J.A.C. 7:25-14.13, lobster size, tail size, and landing of lobster parts; N.J.A.C. 7:25-14.15, prohibition of egg-bearing lobsters, v-notched female lobster; N.J.A.C. 7:25-14.16, eligibility for a lobster pot permit and pot allocation; N.J.A.C. 7:25-14.17, lobster pot tag program; 7:25-18.5(g)11  ii, lobster pot maximum size; or 7:25-18.5(g)11  vii, escape vents, shall result in the suspension during the period which extends from April 1 to November 30, or revocation of the vessel's lobster pot permit and/or the lobster pot license of the operator according to the following schedule:
1. First offense: 60 days suspension;
2. Second offense: 120 days suspension;
3. Third offense: permanent revocation.
4. In calculating the period of suspension or revocation applicable under (h)1 through 3 above, the number of previous suspensions shall be reduced by one for each three-year period in which the permit holder does not commit any other violation subject to this subsection, provided, however, that if more than one suspension is imposed within a three-year period, only one of those suspensions may be forgiven under this paragraph; therefore, a permit holder who incurs more than one suspension within a three-year period shall not be considered a first offender under this subsection regardless of the length of any subsequent period without violation. The reduction in suspensions provided in this paragraph applies only to determination of suspension periods; all prior suspensions shall be taken into account in calculating monetary penalties in accordance with 23:2B-14.