reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.8 - General possession criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the issuance of any permit under this subchapter, the applicant shall, on forms provided by the Division, demonstrate the following:
1. The origin of the animal is not from the wild stock of this State or any other state except where authorized by the Division for rehabilitative, scientific or other purposes consistent with the purposes of this subchapter as determined by the Division.
2. The animal will be fed an adequate diet;
3. The animal is housed or caged in a manner that:
i. Allows the animal to perform the normal behavior patterns of its species; and
ii. Prevents disease, liberation, or accidental injury to the animal and the public;
4. The method of acquisition did not violate the laws and regulations of this State, any other state, or the federal government;
5. Competent and adequate licensed veterinary services for the care and treatment of the animal are readily available; and
6. The animal is free of infectious diseases and parasites which may be dangerous to the animal, livestock, or people of the State. The Division may request certification from a licensed New Jersey veterinarian or a person recognized as qualified by the director to make such certification that the animal for which the permit is being sought is free from infectious diseases and parasites.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.9 - Emergency possession

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons may temporarily possess without permit a game animal or game bird, other than a potentially dangerous species defined at 7:25-10.10, which is orphaned, injured, or displaced provided that:
1. The Division law enforcement office of jurisdiction, DEP Emergency Hotline, or the Wildlife Control Unit is notified of such emergency possession within 12 hours of acquisition;
2. The Division Wildlife Control Unit reviews the case for the purpose of prescribing a course of action that is in the best interest of the animal or bird so possessed; and
3. The emergency possession of the game animal or game bird does not violate any local ordinances or requirements;
4. Contact phone numbers for cases of emergency possession are as follows:
i. Northern Region Law Enforcement Office (201) 735-8240;
ii. Central Region Law Enforcement Office (201) 259-2120;
iii. Southern Region Law Enforcement Office (609) 629-0555;
iv. DEP Emergency Action Hotline (24 hours) (609) 292-7172; and
v. Wildlife Control Unit (201) 735-8793.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.10 - Potentially dangerous species

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Potentially dangerous species" is defined as any game animal or game bird which, in the opinion of the Division, is potentially capable of inflicting serious or fatal injuries, of being an agricultural pest, of being detrimental to existing or future wild populations, or of being a menace to public health, including, but not limited to, the following:
Order
Family
Carnivora
Canidae--Nondomestic dogs
Ursidae--Bears
Felidae--Nondomestic cats
Artiodactyla
Cervidae--Deer
(b) The Division, in its discretion, may issue a permit for possession of a potentially dangerous game animal or game bird only after a clear showing that the criteria for the possession of such potentially dangerous game animal or game bird have been met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.11 - Criteria for the possession of potentially dangerous species

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the general criteria enumerated in 7:25-10.8, every person applying for a permit to possess potentially dangerous species shall meet each of the following criteria to the satisfaction of the Division:
1. Education and background: Persons wishing to apply for a permit to possess a potentially dangerous species must have extensive experience in maintaining the species desired or related species;
2. Knowledge: Persons wishing to apply for a permit to possess potentially dangerous species must demonstrate a working knowledge and expertise in handling and caring for each of the species desired;
3. Other licenses and permits: Persons applying to possess potentially dangerous species must obtain, in addition to New Jersey Captive Game Animal or Game Bird Permit, all other applicable permits covering the possession of such species. Any permit issued for the possession of such animal by the Division shall not exempt an applicant from compliance with any other law of the State, or subDivision of the State, any municipality, or the Federal government, regarding construction necessary to house the animal, or other local requirements;
4. Purpose and intent: Persons applying to possess potentially dangerous species must submit a written statement of the purpose and intent of keeping the species;
5. Housing and feeding: Persons applying for a permit to possess a potentially dangerous species must supply a written description of the housing and caging facilities for the species required including a summary detailing a continuous source of food appropriate for the specific diet of the animals. Facilities must be constructed to prevent the possible escape of the animal. Division personnel may inspect the completed facilities to determine if the facilities are suitable for the game animal or game birds; and
6. Protection of the public: The housing facilities must also be constructed to prevent public access to, and contact with, the animal. The potentially dangerous species may not be kept as a household pet except when compelled by the infancy of the animal. The public must not be allowed access to the animal, including animals used for exhibition purposes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 10 - POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS › Section 7:25-10.12 - Denial, suspension, revocation, and hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The department may suspend the permits described in 7:25-10.7 and 7:25-10.10 for periods of time up to their duration upon the violation of any permit condition or any regulation appearing in this subchapter. The department may revoke the permits described in 7:25-10.7 and 7:25-10.10 upon finding in any five-year period two or more violations of any permit condition(s) or any regulation appearing in this subchapter. After revocation, no permit shall be issued to the violator within two years from the date of the second violation, or within three years from the date of the third or subsequent violation.
(b) In the event the department determines the necessity for denial of a permit application for, suspension of, or revocation of, any permit described in 7:25-10.7 and 7:25-10.10, the department shall issue a notice of intent to deny, suspend, or revoke, setting forth the reasons for such action. Where appropriate, a compliance directive shall accompany the notice of intent.
(c) The recipient of the notice of intent may request a contested case hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, by filing a written request with the Department therefor within 20 days from the receipt of the notice of intent described above at (b). The request for a hearing shall be sent to the New Jersey Department of Environmental Protection, Office of Administrative Hearings and Dispute Resolution, ATTENTION: Adjudicatory Hearing Requests, 401 E. State Street, Mail Code 401-07A, PO Box 420, Trenton, New Jersey 08625-0420.
1. A request for a contested case hearing shall clearly state:
i. The name of the recipient;
ii. The departmental decision from which the recipient seeks relief;
iii. The details of how the departmental decision aggrieves the recipient; and
iv. The findings of fact incorporated within the notice of intent that the recipient contests.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.1 - 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 protection, conservation, management and improvement of the surf clam resource and industry in New Jersey.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to regulate the harvest of surf clams from New Jersey waters in order to conserve, protect, manage and improve the surf clam resource and industry. The surf clam harvest regulatory program includes a limitation on the number of available licenses, a limitation on harvest to specific fishing times and areas, establishment of a seasonal harvest quota and other control methods as may be necessary.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.3 - 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 N.J.S.A. 50:1.5, 50:2-6.1 through 50:2-6.3 and 23:2B-14.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.4 - 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 12 - SURF CLAMS › Section 7:25-12.5 - 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.
"Approved waters" means waters meeting established sanitary standards for approved shellfish harvesting, as delineated at N.J.A.C. 7:12.
"Bait clams" means surf clams taken from condemned waters, not for human consumption but only for use as bait.
"Bait clam vessel" means a vessel holding a bait clam vessel license issued pursuant to 7:25-12.15.
"Bushel" means 1.88 cubic feet of clams within the shell.
"Cage" means a container with a standard unit of measure containing 60 cubic feet (1,700 liters). The outside dimensions of a standard cage generally are three feet (91 cm) wide, four feet (122 cm) long, and five feet (152 cm) high.
"Commissioner" means the Commissioner of Environmental Protection or his or her designee.
"Condemned waters" means waters not meeting the established sanitary standards for approved shellfish harvesting, including waters designated as Prohibited, Special Restricted, Seasonal Special Restricted and Seasonal, as delineated at N.J.A.C. 7:12.
"Council" means the Atlantic Coast Section of the New Jersey Shell Fisheries Council.
"Department" means the Department of Environmental Protection.
"Division" means the Division of Fish and Wildlife in the Department of Environmental Protection.
"Fishing trip" means a departure from port, transit to the fishing grounds, fishing and return to port.
"Land" means to transfer the catch of surf clams from any vessel to any land, pier, wharf, dock, or other man-made structure.
"Licensee" means the holder of a surf clam license or a bait clam vessel license or his or her agent.
"Offload" or "offloading" means to separate physically a cage from a vessel.
"Person" includes the captain, owner or other person responsible for the operation of a vessel.
"Season quota" means the total amount of surf clams, excluding bait clams, that may be harvested by all surf clam license holders from State waters during the annual surf clam season.
"Standing stock" means the amount of the surf clam resource in State waters, measured in bushels as determined by surf clam inventories conducted by the Division.
"Surf clams" means the species Spisula solidissima. Unless otherwise specified, the term "surf clams" includes bait clams.
"Surf clam vessel" means a vessel equipped to harvest surf clams by means of a dredge or dredges.
"Vessel," in addition to its normal meaning, includes the captain, owner or other person responsible for the operation of a vessel.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.6 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this subchapter shall apply to all taking, attempting to take, harvesting, or dredging of surf clams, or the participation therein, in State waters, except the following:
1. Research, inventory or educational activities involving surf clams conducted under a certificate issued by the Division pursuant to 23:4-52 or a permit issued by the Department pursuant to 50:2-6.1 for research, inventory or educational purposes;
2. Gathering from beaches of surf clams cast there by the sea, in areas adjacent to approved waters. Such harvest activities are subject to the provisions of 50:2-1 through 50:2-5 and 50:4-2, and a clamming license is required therefor as described in N.J.A.C. 7:25-8; and
3. Harvest of surf clams for personal consumption and not for sale from areas in approved waters. Such harvest activities are subject to the provisions of 50:2-1 through 50:2-5 and 50:4-2, and a clamming license is required therefor as described in N.J.A.C. 7:25-8.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.7 - General control methods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at 7:25-12.6(a), a person or vessel shall not take, attempt to take, harvest, or dredge for surf clams, or participate therein, in any State waters without first obtaining a surf clam license and harvest tags as described in 7:25-12.12 and 7:25-12.14, or bait clam vessel license as described in 7:25-12.15.
(b) The general methods by which the Department shall control the harvest of surf clams from State waters are as follows:
1. The captain of a surf clam vessel possessing a surf clam license, or of a licensed bait clam vessel, or his or her designee, shall notify the Department of the intended fishing location of the vessel and the intended port and time of landing each day it fishes in State waters. The notification shall be made by calling the Division's Marine Enforcement Unit, Bureau of Law Enforcement, at (609) 748-2050, prior to fishing in State waters and prior to change of location. Changes in port of landing or time of landing must be given four hours prior to landing.
2. Any person fishing for surf clams at any time, or who has reported his intention to fish, in State waters shall have the vessel's entire harvest for that fishing trip counted as part of the licensed season allocation of surf clams.
3. A person shall not transfer surf clams from a surf clam vessel or bait clam vessel to any other vessel. All surf clams harvested in State waters shall be landed in this State. Specific hours of landing may be designated by the Division. A person shall not operate a surf clam vessel or bait clam vessel to fish in or land surf clams from both State and Federal waters on a single fishing trip. A surf clam vessel shall not land any quahogs or surf clams taken from Federal waters during the same fishing trip for which the Division's Marine Enforcement Unit, Bureau of Law Enforcement, has received notification of intent to use that vessel in State waters to harvest surf clams.
4. All surf clams shall be landed in their shells and offloaded in cages. All surf clam cages containing surf clams shall be tagged with tags obtained from the Division before offloading. The tags must be used sequentially as issued. Tags shall not be removed until cages are emptied at the processing plant, at which point the removed tags shall be destroyed and discarded.
5. It shall be unlawful to possess an empty cage to which a tag required at (b)4 above is affixed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.8 - Season

Current through Register Vol. 56, No. 14, July 15, 2024
Except for bait purposes as provided in 7:25-12.11, the annual season for taking surf clams in State waters shall begin on October 1 and extend through and including May 31.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.9 - Prohibited surf clam harvest areas; reopening of closed surf clam harvest areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The area in which surf clams may not be taken are as follows:
1. Those areas closed to shellfishing by N.J.A.C. 7:12; and
2. For the purpose of surf clam resource conservation, the Commissioner, with the advice of the Council, may close surf clam harvest areas in regions in which the average size of the surf clams is less than four inches in length (longest dimension) as determined by the Department's annual New Jersey surf clam stock assessment survey, by filing a public notice for publication in the New Jersey Register and sending notice to all license holders by first class mail.
i. At such time as the average size of surf clams within these prohibited surf clam harvest areas exceeds four inches in length (longest dimension) as determined by the Department's annual New Jersey surf clam stock assessment survey, the Commissioner, with the advice of the Council, may reopen these areas, by filing a public notice for publication in the New Jersey Register and sending notice to all license holders by first class mail.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.10 - Harvest limitations; surf clam harvest quota

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner, with the advice of Council, shall establish annually a season quota of between 250,000 and 1,000,000 bushels of surf clams. The season quota shall not exceed 10 percent of the State's estimated standing stock of surf clams.
(b) By September 15 of each year the Department shall send notice to all license holders by first class mail, and file notice for publication in the New Jersey Register, of the season quota for the upcoming surf clam harvest season.
(c) If the Department does not give notice of the season quota for the surf clam harvest season pursuant to (b) above, the season quota for the upcoming season shall be 500,000 bushels.
(d) Each surf clam license allocation shall be 1/57th of the season quota.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.11 - Bait clams

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person or vessel shall not take, attempt to take, harvest, or dredge for bait clams, or participate therein, in any State waters without first obtaining:
1. A bait clam vessel license as provided for at 7:25-12.15; and
2. A special permit for bait clam harvest from the Division of Water Resources, as provided for at N.J.A.C. 7:12.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.12 - Landing fees, tags, transfers of tags

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Holders of surf clam license shall pay a landing fee of 15 cents ($ 0.15) for each bushel landed by the purchase of tags to be attached to each 32 bushel cage ($ 4.80 for each tag). Tags will be available from the Division's Nacote Creek Shellfish Office, Port Republic, New Jersey, in batches of 50 or more tags. Tags provided under this section shall be valid only for the season for which issued.
(b) Bait clam vessel licensees shall pay a landing fee of 15 cents ($ 0.15) for each bushel of bait clams harvested from the waters of this State at the time of providing to the Division their weekly surf clam harvest report as required at 7:25-12.13.
(c) A licensee may transfer part or all of his or her assigned surf clam tags to another licensee, provided that the other licensee meets all statutory and regulatory criteria for licensing, and receives the Department's approval of a notarized statement of transferor's intent to transfer such tags. The statement of intent shall be signed by the transferor, and shall include the respective sequential surf clam tag numbers. Each license holder shall be limited to a maximum of three tag transfer actions during the term of the license. A transfer which would result in an allocation of tags to a single vessel greater than that allowed under three licenses is prohibited and will not be approved by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.13 - Weekly reporting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All surf clam licensees and bait clam vessel licensees shall provide to the Division weekly surf clam harvest reports on forms supplied by the Division. Weekly reports shall include the following:
1. The harvest vessel name and New Jersey surf clam license or bait clam vessel license number;
2. The dates fished and, for each date fished, the fishing time in hours, the numbers of bushels harvested and the number of the New Jersey Inshore Surf Clam Harvest Zone fished;
3. For each surf clam or bait clam landing, the port at which the clams were landed;
4. The name and signature of the captain of the surf clam vessel or bait clam vessel, or the captain's agent, attesting to the validity of the report (see 7:25-12.18 ); and
5. Sequential listing of surf clam tags used.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.14 - Issuance of surf clam licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a surf clam license or licenses shall be the bona fide owner of a surf clam vessel or vessels and a resident of New Jersey.
(b) No more than three surf clam licenses may be fished by a single license holder on a single surf clam vessel, to be identified at the time of application. The top and sides of the surf clam vessel shall be marked with the New Jersey surf clam license number or numbers in markings at least 18 inches in size, clearly legible and in good repair with no obstruction.
(c) Application for a surf clam license shall be made in person by the vessel owner or agent of the owner to:
Nacote Creek Shellfish Office
Division of Fish and Wildlife
New Jersey Department of Environmental Protection
PO Box 418, Route 9
Port Republic, New Jersey 08241-0418 (609) 748-2040
(d) The license year for surf clam licenses shall be July 1 to June 30.
(e) A licensee may transfer a surf clam license to a new licensee, provided that the new licensee meets all statutory and regulatory criteria for licensing (including, without limitations, application for a license under (c) above and payment of the fee stipulated in 7:25-12.16(a)  ), and receives the Department's approval of a notarized statement of transferor's intent to transfer such tags. The statement of intent shall be signed by the transferor. A license may be transferred no more than three times during its term.
(f) A person shall not transfer a surf clam license or surf clam tags while an enforcement action by the Department for violation of this subchapter is pending. An enforcement action is pending against a license holder from the time the Department issues a Summons or Notice of Violation to the license holder until such time as a final legal disposition of the enforcement action has been rendered. If the final legal disposition of the enforcement action requires that a monetary penalty be paid or orders a suspension of the surf clam license, the surf clam license or surf clam tags shall not be transferred until the monetary penalty has been paid or the suspension time has run, whichever is later.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.15 - Issuance of bait clam vessel licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant for a bait clam vessel license shall be the bona fide owner of the bait clam vessel and a resident of New Jersey, as required by 50:2-6.1. Applicants shall submit proof of vessel ownership and proof of residency as part of the bait clam vessel license application.
(b) Application for a bait clam vessel license shall be made in person by the bait clam vessel owner or agent of the vessel owner to:
Nacote Creek Shellfish Office
Division of Fish and Wildlife
New Jersey Department of Environmental Protection
PO Box 418, Route 9
Port Republic, New Jersey 08241-0418
(c) The license year for bait clam vessel license shall be July 1 to June 30.
(d) The top and sides of the bait clam vessel shall be marked with the New Jersey bait clam vessel license number in markings at least 18 inches in size, clearly legible and in good repair and with no visual obstruction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.16 - Licensing fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The annual fee for each surf clam license shall be the minimum provided for at 50:2-6.3.
(b) The annual fee for a bait clam vessel license shall be the minimum provided for at 50:2-6.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.17 - Renewal of surf clam licenses and bait clam vessel licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Surf clam licenses and bait clam vessel licenses shall be renewed annually by payment of the annual license fee on or before the June 30 immediately preceding the license year. If a surf clam licensee has not paid the annual license fee on or before the expiration date, the Department shall retire that surf clam license from the surf clam fishery.
(b) Surf clam license and bait clam vessel license renewal is specifically conditioned on the continuing compliance of the licensee with all the requirements of this subchapter and all statutory criteria for licensing and harvest. The Department shall not renew a surf clam license or a bait clam vessel license for a licensee who, by June 30, has not filed the required weekly reports in a timely fashion, as specified at 7:25-12.13, and, in the case of bait clams, paid the required landing fee in a timely fashion, as specified at 7:25-12.12, for any part of the preceding license year.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.18 - Signatories; certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All applicants and licensees shall, upon submission of initial, renewal, replacement applications, transfer applications or weekly harvest 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 12 - SURF CLAMS › Section 7:25-12.19 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Violation of any section of this subchapter, or any license 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, and revocation of any license issued under this subchapter and 50:2-6.1 through 50:2-6.3. The Department may compromise and settle any claim for a penalty under this subsection in such amount as in the discretion of the Department may appear appropriate and equitable under all the circumstances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 12 - SURF CLAMS › Section 7:25-12.20 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at (b) below, prior to the suspension or revocation of any license, the licensee has a right to a hearing, upon the licensee's request to the Department. The request for a hearing shall be sent to the New Jersey Department of Environmental Protection, Office of Administrative Hearings and Dispute Resolution, ATTENTION: Adjudicatory Hearing Requests, 401 E. State Street, Mail Code 401-07A, PO Box 420, Trenton, New Jersey 08625-0420. The hearing shall be conducted pursuant to the Administrative Procedure Act, N.J.A.C. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) When necessary to protect the public health, safety or welfare, the Department may immediately suspend a license without a pre-suspension hearing. In that case, the hearing shall be conducted on an expedited basis.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 13 - LEASED TIDAL GROUNDS › Section 7:25-13.1 - Marking of leased tidal grounds; Delaware River and Bay

Current through Register Vol. 56, No. 14, July 15, 2024
No leased shellfish ground in the Delaware River and Bay shall be dredged upon unless it is properly staked or buoyed. Proper stakes or buoys shall extend at least four feet above mean high water; each corner marked with a stake or buoy shall have on it the number of the lots marked. Numbers shall be four inches high on a background of contrasting color. Corners that have to be marked shall be the same as those shown on the approved shellfisheries maps.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.2 - Use of crab pots and trot lines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No individual shall tend or remove crabs from any pot or trot line unless he or she is the holder of a valid license, or as otherwise herein provided.
1. An individual tending crab pots or trot lines shall have in his or her possession his or her numbered license which corresponds to the vessel number and the number marker on the pots or trot lines tended;
2. A commercial licensee may authorize an agent to tend his or her pots or trot lines provided the agent is in possession of his or her own license, the license of the individual whose pots are to be tended and a letter of authorization from said licensee, issued and notarized by the Division indicating the number marker of the pots or trot lines that the agent is authorized to tend. In cases of hardship due to illness or vessel repairs, an authorized agent is not required to possess his or her own license, and can, for a maximum of 30 days, tend said licensee's pots or trot lines upon satisfying all other conditions of this paragraph.
3. In addition to the agent, the commercial licensee shall be held liable and subject to the penalty provisions provided in 7:25-14.20 for the violation of provisions of this subchapter actually committed by the agent based upon the apparent authority of the agent to act for his or her principal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.3 - Hours of fishing

Current through Register Vol. 56, No. 14, July 15, 2024
Crab pots and trot lines may be tended only from 0400 hours (4:00 A.M.) to 2100 hours (9:00 P.M.) prevailing time, in Delaware Bay and 24 hours a day in all other waters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.5 - Non-commercial licenses for crab pot/trot line and crab dredges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No individual shall take or attempt to take crabs by means of crab pots, trot lines or crab dredges without having in his or her possession a valid license issued by the Division.
1. The Division will issue a noncommercial crab pot/trot line license for no more than two crab pots or two trot lines. Trot lines shall not exceed 150 feet in length with a maximum of 25 baits attached. Pots and trot lines shall be marked with the licenses number. There is no fee for this noncommercial license. All licenses shall expire on December 31 of the calendar year for which they were issued.
2. The Division shall issue a non-commercial crab dredge license subject to the following provisions:
i. The number of dredges on any one vessel shall not exceed two;
ii. The maximum weight of each dredge shall be 80 pounds;
iii. The maximum length of the tooth bar shall be 38 inches;
iv. The maximum length of teeth shall be three inches;
v. The minimum space between teeth shall be two and three-quarters inches measured at the base;
vi. Mechanical dredge haulers are prohibited;
vii. No person shall catch, take or attempt to catch or take crabs by means of a crab dredge except during the times and seasons set forth in 7:25-14.7(d) and (e);
viii. All organisms other than crabs taken by crab dredge shall be immediately returned to the water; and
ix. There is a fee of $ 15.00 for this noncommercial license.
3. Crabs taken under provisions of a noncommercial license may not be sold or used for barter. The maximum harvest and/or possession of crabs for the noncommercial crabber is one bushel per day per person.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.6 - Placement and marking of pots and trot lines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each crab pot shall be clearly and visibly marked with a buoy, stake or permanent identification tag bearing the license number of the owner, and all blind crab pot lines shall be clearly and visibly marked with a stake or buoy at both ends of the line. All crab pot buoys and all blind crab pot line buoys and stakes shall be marked with fluorescent or reflective paint, tape or other reflective material or reflectors. Floating line shall not be used or any crab pot or crab pot buoys.
(b) Each trot line shall be marked at both ends with a clearly visible stake or buoy. No trot line shall be set within 100 feet of another trot line.
(c) No pot shall be placed in a creek, ditch or tributary less than 50 feet wide at mean low water unless approved by the Division. No pot, blind crab pot line or trot line shall be placed in any man-made lagoon or in any marked or charted channel except noncommercially licensed pots fastened to a pier or other shore connected structure by a line no larger than twice the depth of the water at that point. Any pot placed in any body of water less than 150 feet wide from shoreline to shoreline at mean low water or in any man-made lagoon shall contain terrapin excluder devices pursuant to 7:25-14.1.
(d) No pot or trot line shall be placed in areas designated by the Division after consultation with the Shellfisheries Council and the Marine Fisheries Council, as off limits for the catching of crabs by means of pots or trot lines, except noncommercially licensed pots fastened to a pier or other shore connected structure by a line no longer than twice the depth of the water at that point.
(e) At no time shall any pot or trot line be placed to obstruct or impede navigation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.8 - Landing crabs

Current through Register Vol. 56, No. 14, July 15, 2024
All crabs harvested commercially in State waters shall be landed in this State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.9 - Female crabs with eggs attached

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall take from any of the waters of this State, or have in his possession any female Jonah crab or any female crustacean, commonly known as a crab, with eggs or spawn attached thereto, or from which the egg pouch or bunion has been removed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.10 - Size of crabs taken

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall take from any tidal waters of this State or have in his or her possession any peeler or shedder blue crab measuring less than three inches across the back from the tip of the longest lateral spine to the other or a soft blue crab measuring less than three and one-half inches across the back from the tip of the longest lateral spine to the other, or hard blue crab measuring less than four and one-half inches across the back from tip to tip of spike.
1. For purposes of this section, a peeler or shedder blue crab shall mean a hard blue crab which has a fully formed soft shell beneath the hard outer shell and the impending shedding process is evidenced by the white sign along the outer rim of the paddle-like appendages on the crab's fifth pair of legs.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.11 - Harvesting crabs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall take or attempt to take any crabs by any means in the Newark Bay Complex.
(b) Crabs may be taken by licensed bait seines authorized pursuant to N.J.S.A. 23:5-24.2 and N.J.A.C. 7:25-18.5. Crabs taken by bait seines shall not be sold or used for barter and the maximum harvest and/or possession of crabs taken by bait seines is one bushel per day per individual; except that crabs taken by licensed bait seines during the crab pot/trot line season pursuant to N.J.A.C. 7:25-14.2(f)  may be sold and may exceed one bushel per day per individual provided the individual also possesses his or her valid commercial crab pot/trot line license specified at N.J.A.C. 7:25-14.4(a).
(c) The recreational possession limit for Jonah crab shall be 50 Jonah crabs per person per day, which shall not be bartered, sold, offered for sale, or exposed for sale.
(d) A person taking Jonah crabs as by-catch with a fish or conch pot shall not land, for the purpose of sale or barter, more than 1,000 Jonah crabs or 2,000 Jonah crab claws per trip. The total weight of Jonah crabs or Jonah crab claws harvested as by-catch shall not exceed the total weight of the targeted species at any time during a trip.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.12 - Filing of reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons commercially licensed to take crabs shall keep, on forms provided by the Division, accurate records of the number of bushels of hard crabs, peelers and soft crabs caught, the type of gear used and the area fished. These records shall be filed by the 10th day of each month with the Division and said filing must be current before a commercial license for crab pot/trot lines or crab dredges is issued for the subsequent year. If no crabs were harvested during the month, a report to that effect shall be provided. Failure to file on or before the 10th of the month following the month of record may lead to suspension or permanent revocation of said license by the Department according to the following schedule:
1. First offense: no suspension;
2. Second offense: 120 days suspension; and
3. Third offense: permanent revocation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.13 - Size of lobster taken

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person shall not take from the marine waters of this State by any means, import, export, offload at any port, have in his or her possession, buy, sell or offer to buy or sell, any American lobster of the genus and species Homarus americanus, which when measured from the rear end of the eye socket along a line parallel to the center line of the body shell to the rear end of the body shell is less than the lengths listed below after the dates stipulated.
$ QAfter
Minimum Size (inches)
$
August 19, 2002
3 1/4
July 1, 2002
3 5/16
July 1, 2003
3 11/32
July 1, 2004
33/8
(b) A person fishing in Atlantic States Marine Fisheries Commission (ASMFC) Lobster Management Area (LMA) 3 or that has designated Lobster Management Area 3 for fishing on their Federal Fisheries Permit or State Lobster Pot Permit shall not take, land, have in his or her possession, sell or offer to sell any American lobster with a length as measured in (a) above that is less than the length listed below after the dates stipulated:
After
Minimum Size (inches)
July 1, 2005
3 13/32
July 1, 2006
3 7/16
July 1, 2007
3 15/32
July 1, 2008
3 1/2
January 1, 2013
3 17/32
(c) A person fishing in ASMFC Lobster Management Area 3, 4 and/or 5 or that has designated Lobster Management 3, 4 and/or 5 for fishing on their Federal Fisheries or State Lobster Pot Permit shall not take, land, have in his or her possession, sell or offer for sale any American lobster with a length as measured in (a) above that is greater than the length listed below after the dates stipulated.
ASMFC Lobster Management
Dates
Maximum Size (inches)
Area
LMA 3
after July 1, 2012
6 3/4
LMA 4
after July 1, 2002
5 1/4
LMA 5
after July 1, 2004
5 1/4
(d) A person shall not import, export, have in his or her possession, buy, sell or offer to buy or sell any American lobster that does not comply with the size limits for the Lobster Management Areas as stipulated in (a) through (c) above.
(e) The maximum size limits stipulated in (c) above apply to the recreational harvest of American lobster. The minimum size limit for American lobster harvested for recreational purposes shall comply with those stipulated in (a) above and shall not be sold, offered for sale or bartered.
(f) A State Lobster Pot Permittee possessing a Type A, B, C, E or F Permit shall report to the Department the initial ASMFC Lobster Management Area(s) he or she intends to fish and notify the Department prior to relocating to a different Lobster Management Area(s). Notification shall be sent to:
NJ Lobster Pot Permit Program
Nacote Creek Research Station
PO Box 418
Port Republic, NJ 08241
1. If the permittee identifies more than one ASMFC Lobster Management Area as an area he or she intends to fish, then the more restrictive maximum and/or minimum size limit of those identified areas shall apply to that permittee's possession, landing and sale of lobsters.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 25 - DIVISION OF FISH AND WILDLIFE RULES › Subchapter 14 - CRAB AND LOBSTER MANAGEMENT › Section 7:25-14.14 - Lobster possession limits

Current through Register Vol. 56, No. 14, July 15, 2024
American lobster taken by otter trawl or fish pot shall be limited to 100 lobster per day per vessel (based on a 24-hour period) up to a maximum of 500 lobsters per trip per vessel, for trips of five days or longer. American lobster taken by hand, or any gear or methods other than otter trawl, fish or lobster pot or fish or lobster trap shall be limited to six lobster per person in possession or taken in any one calendar day.