Disclaimer

This is a courtesy copy of this rule proposal. The official version will be published in the February 5, 2001, New Jersey Register. Should there be any discrepancies between this text and the official version of the proposal, the official version will govern.

ENVIRONMENTAL PROTECTION

 

DIVISION OF FISH AND WILDLIFE

 

MARINE FISHERIES

 

Crab and Lobster Management; Marine Fisheries; Aquaculture; Fisheries Management

 

Proposed New Rules:                N.J.A.C. 7:25-20.1, 20.2 and 20.3

 

Proposed Amendments:  N.J.A.C. 7:25-14.1, 14.6, 14.14,

14.16, 14.19, 18.1, 18.5, 18.12, 18.13, 18.14, 18.16 and

22.3

 

Authorized By:         Robert C. Shinn, Jr., Commissioner,

Department of Environmental Protection.

 

Authority:               N.J.S.A. 4:27- 6 and 10, N.J.S.A. 23:2B-6

and N.J.S.A. 23:2B-14

 

DEP Docket Number:  PRN 2000-

 

A public hearing concerning this proposal will be held on       , 2000 at 7:00 P.M. at:

 

                    Richard Stockton College

                    Lecture Hall – A Wing

                    Pomona, New Jersey

 

Submit written comments by          , 2000 to:

 

                    Ann Zeloof, Esq.

                    Attn:  DEP Docket Number: 20-99-08/706

                    Office of Legal Affairs

                    Department of Environmental Protection

                    401 East State Street

                    P.O. Box 402

                    Trenton,  NJ  08625-0402

 

The agency proposal follows:

 

Summary

 

The proposed amendments and new rules concern fisheries for blue crab, lobster, dogfish, striped bass, weakfish, tautog, shad, black drum, summer flounder, Atlantic croaker, scup, black sea bass, horseshoe crab, Atlantic menhaden and aquaculture.

 

As discussed more fully below, many of the provisions are necessary to bring New Jersey into compliance or compatibility with coastwide management plans of the Atlantic States Marine Fisheries Commission (ASMFC), the Mid-Atlantic Fishery Management Council (MAFMC) or the National Marine Fisheries Service (NMFS), while others have been developed at the request of the participants of the fishery involved or to correct, clarify or simplify existing regulations.  The aquaculture regulations are proposed to comply with provisions of the New Jersey Aquaculture Development Act, N.J.S.A. 4:27.

A brief description of the proposed amendments and new rules follows:

N.J.A.C. 7:25-14.1  Definitions

          The Department is proposing to define a “blind crab pot line” as a length of submerged line to which crab pots are attached.  The purpose of this addition is to allow for a description of placement and marking of blind crab pot lines in N.J.A.C. 7:25-14.6.

 

 

N.J.A.C. 7:25-14.6            Placement and marking of pots and trot lines

          The Department is proposing that all blind crab pot lines shall be clearly and visibly marked with a stake or buoy at both ends of the line and that such stakes or buoys be marked with fluorescent or reflective paint, tape or other reflective material or reflectors.  In addition, blind crab pot lines shall not be placed in any man-made lagoon or in any marked or charted channel.  The purposes of these amendments are to allow enforcement officers to locate blind crab pot lines that are submerged from view and to reduce obstructions or impediments to navigation.

7:25-14.14   Lobster possession limits

          The proposed amendments concerning lobster possession limits clarify that the possession limit for lobster taken by otter trawl of 100 lobster per day or 500 lobster for trips of five days or longer is applicable to the vessel.  The proposed amendments will further clarify that lobster taken by any method other than by otter trawl or lobster pot will be limited to six lobsters per person.  These modifications are intended to reduce potential confusion regarding these limitations and to assure continued compliance with the ASMFC Interstate Fishery Management Plan for American Lobster (Plan).

 

N.J.A.C. 7:25-14.16          Eligibility for lobster pot permit and pot allocation

          The proposed amendments concerning the lobster pot limited entry permit and pot allocation program limit the Type C Lobster Pot Permit to applicants that do not possess an allocation from another jurisdiction.  The purpose of this provision is to clarify that the Type C permit is for State waters only and is restricted to applicants that do not posses a Federal Lobster Permit. Those individuals with a Federal permit may apply for a Type A, B or F permit for both Federal and State waters.    The proposed amendments will also create the following three additional permit categories:

Type D Permit –allocates 10 lobster pots and six lobster per person per day for recreational purposes.  The Type D Permit will be exempt from the limited entry provisions applicable to commercial permits, lobster cannot be sold or bartered and pots are limited to use in State waters.  The purpose of this provision is to provide for recreational opportunities in lobster pot fishery in New Jersey waters.

Type E Permit –allocates 500 lobster pots to applicants that possess a Federal Lobster Permit and landed and sold 500 pounds of lobster in New Jersey in any one year by otter trawl between January 1, 1980 and September 3, 1998.  This permit category was included in the Department’s September 7, 1999 proposal (see 32 N.J.R. 2592), but was subsequently withdrawn because it did not receive approval of the ASMFC Lobster Management Board as being consistent with the Interstate Plan.  This permit category will be addressed under Addendum 2 to Amendment 3 of the ASMFC Interstate Fishery Management Plan for American Lobster.  If adopted in Addendum 2, the provision will provide greater flexibility for those that qualify for the Type E permit by allowing the applicant to fish with either lobster pots or otter trawls.

Type F Permit – will allocate a maximum of 800 lobster pots or an equal portion of New Jersey’s remaining 156,000 pot allocation after the Type A, B, C and E Lobster Permit allocations have been established.  In order to qualify,  applicants must possess a Federal Lobster Permit and landed and sold a minimum of 2,000 pounds of lobster in New Jersey in any one year from September 3, 1998 to December 31, 2000 that were caught by lobster pot.  The purpose of this provision is to permit those vessels that possess a Federal permit and have entered the pot fishery in New Jersey after the September 3, 1998 control date to continue to land in New Jersey while maintaining effort level at or below the State’s 156,000 pot allocation, in compliance with the ASMFC Interstate Plan.

 

N.J.A.C. 7:25-14.19          Administrative notice

 

          The proposed amendment  adds lobster pot or trap limits to those items, such as minimum size limits, that the Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify by Administrative Notice and publication in the New Jersey Register, in compliance with Atlantic States Marine Fisheries Commission (ASMFC) fishery management plans.  The purpose of the provision is to facilitate compliance with ASMFC lobster management measures in a timely manner.

 

 

 

N.J.A.C. 7:25-18.1  Size, season and possession limits

          The Department is proposing that smooth and spiny dogfish be added to the list of common and scientific names of marine organisms, which are subject to Departmental regulations.

          In the event that recreational and commercial size limits for a given species are not the same, the Department is proposing to clarify that species taken by recreational gear and offered for sale are subject to the greater of the size limits established for commercial or recreational fisheries.  The purpose of this addition is to reduce confusion over this issue and to eliminate the intentional misuse of any differential in size limits.

The Department is proposing to establish a 50 eel possession limit for anglers while fishing, but to provide an allowance that greater than 50 eels may be kept in storage. The possession limit is proposed to maintain compliance with the ASMFC coastwide fishery management plan for American eels.

          The Department is proposing to establish a 16 inch minimum size for black drum for both the commercial and recreational fishery and to establish a three fish recreational possession limit as part of a management program for black drum.  A corresponding fillet size of nine inches will also be established for the special fillet permit.  An increase in the number of young black drum in Delaware Bay throughout the summer with a corresponding increase in the harvest of hook and line fishermen has caused concern with recreational anglers.  Studies in the Chesapeake Bay indicate that recruitment to the region appears to be low, with only occasional strong year classes that persist for many years.  Assuming that the same is true of Delaware Bay, the Department considers it necessary to protect these strong year classes to sustain the fishery.  Black drum are a long lived species that can grow to over 100 pounds.  The recreational fishery, primarily in the Delaware Bay, directs the majority of its activity in the spring and early summer on the large, trophy sized fish.  The States of Maryland and Virginia, which also have important recreational fisheries for black drum, currently have a recreational size limit of 16 inches and a possession limit of one fish per angler per day.

          When the Department established a four-foot size limit on sharks, it also established an alternative way to measure a shark to allow the head and tail to be removed.  This was deemed necessary to allow the shark to be placed in a cooler to preserve the quality of the meat.  The Department, however, inadvertently failed to include the removal of the tail.  That oversight is being corrected with this proposal.  Dogfish are also  added to the listing of sharks from which fins may not be removed prior to landing.  The purpose of this addition is prohibit the practice of removing the fins of sharks at sea and discarding the finless shark, sometimes still alive.

          Language exempting hybrid striped bass which are the products of commercial aquaculture is proposed to be deleted from this section, and substitute language is added which references N.J.A.C. 7:25-20.2(b) as the section which will identify any exceptions to size, season or possession limits for products of commercial aquaculture.  This is proposed to avoid confusion or duplication by keeping all of the regulations pertaining to aquaculture in one section.

          The proposed amendments will prohibit the intentional destruction of fish not intended for retention. This is proposed to

protect those fish or fish stocks which are not currently desired or which are not allowed to be retained.

 

N.J.A.C. 7:25–18.5 General Net Regulations

          Outdated language referring to the initial dates of 1990 through 1993 for the gill net delayed entry program is proposed to be deleted for clarification and simplification.  Such deletions do not change either the intent or operation of this section.

          The Department is proposing to prohibit the placement of miniature fykes or pots, also called eel pots, in man-made lagoons or in marked or charted channels.  Non-commercial miniature fykes or pots fastened to a pier or other shore structure by a line no more than twice the length of the water depth at that point would be excluded from this prohibition.  This is the same restriction as currently exists for crab pots and is implemented to reduce gear conflicts with power boats and sail boats.

          The proposal also modifies the use of parallel nets to reflect the intent and language of the original statute (N.J.S.A. 23:9-49), which was to permit the taking of carp, catfish, and suckers. This clarification will eliminate the potential for parallel nets to be inappropriately used as gill nets to circumvent the existing limited entry and delayed entry programs for gill nets.

          In order to allow a traditional, small bycatch of lobsters to be retained in the black sea bass pot fishery, a threshold of six lobsters per person on board a vessel is proposed before the utilization of the larger escape vents required for lobster pots is required for fish pots.  The current regulation requires the larger escape vents to be utilized if even one lobster is retained.

 

N.J.A.C. 7:18.12     Commercial fishing seasons and quotas

          Amendment #3 to the Interstate Fishery Management Plan for Weakfish allows states to permit a 150 pound bycatch of weakfish daily in fisheries targeting species other than weakfish.  The Department proposes to clarify that the 150 pound harvest limit is a vessel limit, not a limit applicable to each individual that may be on a vessel.

          The proposed amendments at N.J.A.C. 7:25-18.12(c)2ii(1) and 5ii(1) regarding permit eligibility criteria for tautog are needed to more closely conform with the intent of the regulation whereby permit eligibility is contingent upon documentation that a certain amount of tautog be landed in New Jersey and subsequently sold.  The current language requires that the tautog be landed in New Jersey and sold in New Jersey.

          Proposed provisions requiring applicants for either a directed fishery or non-directed fishery tautog permit to submit copies of documented proof of landings with their application form are necessary to verify eligibility for either a directed fishery or a non-directed fishery tautog permit.  The Department further proposes to correct an oversight in the current rules at N.J.A.C. 7:25-18.12 (c) 12. ii. by providing that any misrepresentation of documentation for the Non-Directed Fishery Tautog permit would be subject to the penalties prescribed in N.J.S.A. 23:2B-14, which would be consistent with the current Directed Fishery Tautog Permit regulation.

          The Department is proposing at N.J.A.C. 7:25-18.12(e) to allow Shad Incidental Harvest Permit holders to harvest up to 300 pounds of shad instead of the 150 pounds allowed during 2000.  The 150 pound limit is insufficient since some commercial fishermen were forced to discard any shad caught as a bycatch once the 150 pound limit was reached.  The 300 pound limit should enable better utilization of this resource by reducing bycatch mortality without allowing enough shad to be landed under the Shad Incidental Harvest Permit to encourage a directed fishery.

          The Department further proposes to clarify that anglers may possess the recreational limit of shad without a commercial shad permit provided that the shad are taken by hook and line and not sold or offered for sale.

          In order to make the review of commercial shad permits more efficient, the Department proposes that a copy of the business records documenting the landings requirement must accompany the application.  Under the current regulation, the business records to support landings statements must only be made available for inspection.  This modification will ease the burden on Departmental personnel who check dealer records.

          A correction to the Shad Incidental Harvest Permit section regarding the documentation of landings will establish that the 150 pounds of shad that are documented are from each of three calendar years during the period from 1994 through 1998 inclusive.

          The proposed amendment to N.J.A.C. 7:25-18.12(f) establishes an annual commercial black drum quota of 100,000 pounds and a daily trip limit maximum of 15,000 pounds.  The commercial fishery is a relatively small one with landings ranging from 10,000 to 90,000 pounds since 1988.  Since 1991, gill nets have accounted for most of the landings.  Landings are controlled by the current limited demand for black drum in the market.  While this small traditional fishery does not pose a threat to the black drum population, the Department wants to establish a quota now to prevent any large scale increase in the fishery should a market develop.  Large schools of black drum are easily spotted by airplane and are highly susceptible to capture by purse seine, gill net or trawl.  The trip limit is being proposed to maintain the traditional fishery by preventing any highly efficient gear type from harvesting the entire annual quota or more at one time.  The proposal further would provide the Commissioner, or his or her designee, with the authority to close the black drum season upon two days public notice of the projected date the quota would be taken.

          The proposed amendments to N.J.A.C. 7:25-18.12(g) regarding the establishment of provisions applicable to the commercial harvest of spiny dogfish will make New Jersey compatible with Federal Spiny Dogfish Fishery Management Plan and come into compliance with an August 21, 2000 emergency action by the ASMFC to implement State closures to the commercial harvest and landing of spiny dogfish at any time the Federal fishery is closed.  The proposal requires a valid vessel permit for spiny dogfish issued by the National Marine Fisheries Service (NMFS) to possess for sale or sell any spiny dogfish, a NMFS dealer permit for spiny dogfish to purchase or receive spiny dogfish and establishes trip limits as set by either the NMFS or the ASMFC.  The Department further proposes to close New Jersey waters to the harvest of spiny dogfish and to the landings of spiny dogfish automatically upon a NMFS closure in adjacent Federal waters or upon the recommendation of the ASMFC.

         

 

N.J.A.C. 7:25-18.13          Striped bass bonus program

          The Striped bass bonus program makes bonus cards available to party and charter boats and provides for revocation from the bonus program for violations of the bonus program provisions.  The proposed amendment establishes that party and charter boat participation in the program will be in the name of the vessel owner and any revocation of a party or charter vessel from the striped bass bonus program will be applicable to both the vessel and the vessel owner.

          The proposed amendment to N.J.A.C. 7:25-18.13 also gives the Commissioner, with the approval of the Marine Fisheries Council, the authority to set the size limit, bag limit, season and/or quota for the Striped Bass Bonus Program.  Providing the Commissioner this authority will allow New Jersey to maintain compliance with the ASMFC Interstate Plan for Striped Bass, as well as other coastwide plans, and therefore avoid any potential Federal moratorium associated with these plans.

 

N.J.A.C. 7:25-18.14          Otter and beam trawls

          The proposed amendments allow New Jersey to more closely monitor the commercial harvest of summer flounder and help to prevent quota overages by restricting directed summer flounder landings to two days per week during the January-February directed season, requiring daily landing reports in place of weekly reports during the January-February directed season from dealers possessing a New Jersey Summer Flounder Dealers Permit, and allowing the Commissioner to close the directed summer flounder fishery upon two days notice in place of the current four day notice.  The proposal also clarifies that landings of summer flounder which are less than defined directed amounts are not applied to maximum weekly landing days, clarifies that vessels not possessing a New Jersey Summer Flounder Permit can land limited amounts of summer flounder provided that summer flounder does not exceed 10 percent by weight of all landings, and allows for by-catch amounts of summer flounder to be landed frozen provided they can be individually weighed and measured.  In addition, the fax number to be used by summer flounder dealers to supply landing reports to the Division to allow for more efficient quota monitoring will be changed.

          Atlantic croaker is added to N.J.A.C. 7:25-18.14(m), which addresses special provisions applicable to a directed weakfish fishery.  Otter trawl landings of Atlantic croaker have been increasing since the mid-1990’s.  In order to protect undersize weakfish which frequently occur along with Atlantic croaker, the Department is proposing that the same otter trawl minimum mesh size be required in a directed Atlantic croaker fishery as is currently required in a directed weakfish fishery.

N.J.A.C. 7:25-18.14(p), regarding the commercial scup fishery, is amended to provide that trip limits, in addition to quotas, are determined by the Mid-Atlantic Fishery Management Council (MAFMC) and implemented by the NMFS or are determined by the ASMFC and implemented by the Commissioner  upon four days public notice. Additionally, the FAX number for dealer reporting is changed.  This will allow the Department to react in a more timely fashion to maintain compliance with the ASMFC plan and help assure that the scup quota is not exceeded.  The proposal also eliminates all references to the application for or use of a New Jersey Scup Permit to reduce confusion and simplify the regulations.  The application period for a New Jersey Scup permit  ended in 1996 and since no permits were applied for or given, there is no longer a need for this language.

          The proposed amendment at N.J.A.C. 7:25-18.14(q) allows the Commissioner to set trip limits or seasonal quotas, as determined by the ASMFC, upon four days public notice in cases where they are required to comply with an ASMFC fishery management plan.  The purpose of this modification is to more efficiently respond to the rate at which harvest is taking place and to reduce the potential for overharvest of the quota.

 

N.J.A.C. 7:25-18.16          Horseshoe crabs (Limulus polyphemus)

          The proposed amendments to N.J.A.C. 7:25-18.16 establish an annual quota in horseshoe crab landings of no more than 297,680 horseshoe crabs and allow the Commissioner to close the horseshoe crab season if the quota is projected, by the Division, to be taken.  To effectively monitor the horseshoe crab quota, weekly reporting by telephone of all horseshoe crab harvesters will be required.  The proposed amendments will also allow the Commissioner, with the approval of the Marine Fisheries Council, to modify the annual quota and/or season by notice, published in the New Jersey Register, in order to maintain and/or come into compliance with the ASMFC Fishery Management Plan (FMP) for Horseshoe Crab.

          Addendum I to the FMP, which was approved in February 2000, established a coastwide cap on horseshoe crab bait landings to control the harvest and fulfill the goals and objectives of the FMP.  Under Addendum I, a state-by-state cap on horseshoe crab bait landings is required.  The Addendum further encourages additional protection to the Delaware Bay horseshoe crab population by maintaining existing harvest restriction measures which are expected to reduce its reference period landings by 50 percent.  In 1999, 297,680 horseshoe crabs were harvested in New Jersey.  Since existing harvest restriction measures are being maintained, the Department has chosen the 1999 harvest level of 297,680 horseshoe crabs as the annual quota necessary to maintain consistency with the FMP.  Allowing the Commissioner to close the horseshoe crab season if the quota is projected to be taken is necessary to ensure that the quota is not exceeded.  In order to effectively monitor the quota, weekly reporting will be required of all horseshoe crab harvesters.  The proposal establishes a dedicated telephone number for horseshoe crab harvest reporting.  Each Friday during the horseshoe crab season, any person harvesting horseshoe crabs must telephone and report the number of horseshoe crabs harvested during the previous week.  Without weekly reporting, the Commissioner would not be able to project, in a timely, manner when the quota may be taken.  Allowing the Commissioner, with the approval of the Marine Fisheries Council, to modify the annual quota and/or season by notice is necessary to maintain compliance with the FMP through the timely implementation of the quota and/or season required by the FMP.

          The proposed amendment also prohibits the harvesting of horseshoe crabs from the beaches and shoreline and the adjacent waters in the back bay area near Thompson’s Beach in Cumberland County.  This proposed closed area extends from and includes man-made ditches B1 and B2 excavated as part of the Thompson’s Beach marsh restoration program in Delaware Bay.  This back bay area attracts significant numbers of spawning horseshoe crabs which are heavily exploited by hand harvesters.  The newly created spawning habitat has replaced Thompson’s Beach on Delaware Bay as the preferred spawning habitat for horseshoe crabs in that area.  Migratory shorebirds have also been observed in these newly created spawning areas, feeding on horseshoe crab eggs.  Since the original intent of the regulations was to protect spawning horseshoe crabs and minimize disturbance to feeding migratory shorebirds, the Committee recommended that the Department close the Thompson’s Beach area bordered by, but not including, Adlers Ditch and Riggins Ditch in Cumberland County to the harvest of horseshoe crabs.

          Additionally, proposed amendments to N.J.A.C. 7:25-18.16 prohibit the simultaneous possession of horseshoe crabs and any harvest gear except miniature fykes, conch pots, lobster pots, fish pots or minnow pots.  This provision will make the horseshoe crab rule easier to enforce.

 

Subchapter 20       Aquaculture

          The New Jersey Aquaculture Development Act, N.J.S.A. 4:27, (Act) recognized the potential value of an aquaculture industry in New Jersey and established the framework for promoting aquaculture development in New Jersey.  The Act identifies the role of the Department of Agriculture (NJDA) as the head State agency for the development, marketing, promotion and advocacy of aquaculture and the role of the Department of Environmental Protection (Department) as the lead State agency with respect to the regulation of aquaculture activities in the water of the State.  The act further requires the Department, in consultation with the NJDA, to develop regulations to control the importation and transport of species used in aquaculture and to exempt or reduce negative impacts to certain aquaculture practices from such factors as gear, season, area and size limit, while not harming wild stocks, natural habitat or the environment.  The purpose of the proposed new rule is to reduce regulatory impediments to the development of an aquaculture industry while protecting human health and the health of natural wild stocks and their habitat as indicated in the Act. A brief description of the proposed new rule follows:

         

N.J.A.C. 7:25-20.1  Definitions

          The proposal establishes definitions for “Aquaculture”, “Aquarium organisms”, “Commissioner”, “Division”, “Genetically altered”, “Hybridized”, “Import”, “Introduce”, “Secretary”, “Retail Sale”, and “Waters of the State” as they apply to this subchapter.

 

N.J.A.C. 7:25-20.2  Identification of aquacultural products

          The purpose of this section is to provide a means to allow the retail sale of products of commercial aquaculture when wild organisms of the same species may not be sold due to sale prohibitions, size limits, seasons, quotas or other conditions.  In order to accomplish this the proposed new rule requires that accurate and dated documentation accompany aquacultural products in transit or while in possession for sale and that such records be retained for at least one year and be made available for inspection.  Such record keeping is necessary to avoid the misapplication of productions of commercial aquaculture as products of wild harvest or visa versa. and be made available for inspection.  A penalty of $20.00 per organism is also proposed for violations of the marking requirements or for the possession of products of commercial aquaculture without proper documentation.

          In order to provide protection to certain aquatic organisms from being illegally harvested in the wild and sold as the product of commercial aquaculture, the proposed new rule establishes a list of aquacultured organisms which may not be possessed for sale or sold unless they are marked in a manner approved by the Division of Fish and Wildlife. The Commissioner may, by means of an Administrative Notice, add or delete organisms from the established list. A list of approved marks and marking techniques is also established. The Commissioner may, by means of an Administrative Notice, add or delete marks or marking techniques from the established list.

The proposed new rule allows a person wishing to transport or sell an organism requiring a mark or tag, to apply to the Division for approval to order tags or to apply for approval of a mark or marking technique not on the established list. If approved by the Division, the Commissioner shall add this mark or method to the established list. Criteria are established for any tags used and for marking techniques which may be used. The proposed new rule further requires accurate information regarding the sale or shipment of marked or tagged aquacultured product to be maintained for at least one year and be made available for inspection. Lastly, a penalty of $20.00 per organism is established for violation of the marking requirements or for the possession of products of commercial aquaculture without proper documentation.

N.J.A.C. 7:25-20.3  Importation of aquatic organisms

          The purpose of this section is to control the importation of aquatic organisms into New Jersey and prevent the introduction of organisms which may be a threat to human health or harmful to the wild stocks and/or their habitat.  In order to accomplish this, the Department will require a permit to import aquatic organisms into New Jersey for placement into the waters of the State or for aquaculture purposes. Applications for placing imported organisms into systems with no inlet or outlet to the waters of the State will be permitted by the Department of Agriculture and applications for placing imported organisms into the waters of the State or any facility with an inlet or outlet to the waters of the State will be permitted by the Department of Environmental Protection. Maintenance of importation records and reporting of these records on an annual basis is required. If the information elicited pursuant to  the general permit application requirements needs to be amplified, an Environmental Impact Statement (EIS) will  be required for organisms that do not occur in New Jersey’s waters or that have been genetically altered or hybridized. A list of aquatic organisms and their use that are exempt from the importation permit will be established. Authority is provided to the Commissioner and the Secretary of Agriculture, upon consultation with the aquaculture technical committee, to add or delete organisms to the exemption list. The Commissioner, by means of an Administrative Notice, will file and publish such additions or deletions to the exemption list.

          The establishment of an aquaculture technical committee, appointed by the Aquaculture Advisory Council, is proposed. The composition of the committee will include: one representative from the Department of Agriculture, one from the Department of Health, two from the Department of Environmental Protection (one of whom will represent the Division of Fish and Wildlife), two from Higher Education, two from the aquaculture industry and one aquatic organism health specialist.  The aquaculture technical committee will assist the Commissioner and Secretary in the review of complex applications, review appeals, review EISs, review health inspection requirements, and may submit recommendations for new or modified rules to properly control the importation of aquatic organisms.  Under the proposed new rule, applicants who are denied a permit would be provided an opportunity to appeal that denial to the Department of Environmental Protection, and the Commissioner, after review of any recommendations of the aquaculture technical committee and other information, would make a final determination on the granting or denial of an application appeal. 

          In order to help assure that adequate safeguards are in place to protect wild stocks and their habitat, the Department may stop further importation of specific organisms from specific areas by notice to the permit holder by certified or registered mail, and require a permit holder to remove from the waters of the State or from any facility that discharges into the waters of the State certain imported organisms if they pose a threat to human health or to the integrity and protection of natural wild stocks.  Lastly, the proposed new rule establishes penalties for the violation of importation permit provisions to include those penalties prescribed under N.J.S.A. 23:2B-14 and sets forth a permit suspension and revocation schedule.

 

N.J.A.C. 7:25-22     Fishery management in New Jersey

          The proposed amendments to N.J.A.C. 7:25-22.1 and 7:25-22.2 prohibits the taking of Atlantic menhaden from the marine waters of the State by purse seine or any other method for fish meal reduction.  N.J.A.C. 7:25-22.3, “Taking of Atlantic menhaden for bait” and 7:25-22.4, “Vessel boarding”, are recodified as a result of deleting the current 7:25-22.2, “Purse seine fishing of Atlantic menhaden”, which regulates the taking of Atlantic menhaden by purse seine for fish meal reduction.

          The New Jersey Marine Fisheries Council (Council) advises the Commissioner of the Department on various issues and management programs related to fishery resources.  The Council has eleven members, appointed by the Governor, representing recreational and commercial fishermen, fish processors, the general public and the Atlantic Coast and Delaware Bay sections of the Shellfisheries Council.

          On July 13, 2000, the Council, by majority vote, passed a motion to prohibit taking of Atlantic menhaden in State waters by any means for purposes of fish meal reduction.  This motion was first introduced at the March 2, 2000 Council meeting at which time it was tabled to allow Council members the opportunity to review additional information, and later introduced at the May 4, 2000 Council meeting at which time it was tabled again prior to the July 13, 2000 Council meeting.  The Council has long served as the forum in which sportfishermen and the Atlantic menhaden industry have discussed and debated their viewpoints on the management of Atlantic menhaden in State marine waters. Sportfishing interests have favored the prohibition of purse seining for Atlantic menhaden for reduction purposes in State waters for many reasons, including:  a) concern for the biological health of the Atlantic coastal population of Atlantic menhaden; b) concern that harvesting of Atlantic menhaden on such a large scale was causing localized depletion of Atlantic menhaden, an important forage fish in the diets of many predatory fishes, including striped bass, bluefish and weakfish; c) concern for the spatial conflicts that have long existed between the reduction fishery’s purse seine fleet and other large size vessels utilizing large nets for commercial fishing operations and sportfishing boats; and d) the incidental catch of other species of marine organisms in the purse seine net.  Industry representatives of the Atlantic menhaden purse seine fishery for reduction purposes have long maintained that:  a) the coastal population of Atlantic menhaden is healthy and can sustain current levels of fishing mortality; b) the coastwide or localized harvests of Atlantic menhaden are not substantial enough to negatively impact the food requirements of predatory fishes; c) there are no conflicts between the commercial purse seine fishery for fish meal reduction and the sportfishermen; and d) the by-catch of other species of marine organisms in the Atlantic menhaden purse seine fishery is insignificant.

          Many legislative bills have been introduced over the years on Atlantic menhaden management in New Jersey marine waters.  Nearly all of this proposed legislation has included a prohibition on the taking of Atlantic menhaden from the marine waters of the State by purse seine for fish meal reduction.  Late in 1999, the State’s Legislature, after reviewing a bill that would prohibit purse seining for fish meal reduction in State waters, stated that this issue should be resolved by the State’s Marine Fisheries Council.  Subsequently, the motion to prohibit the taking of Atlantic menhaden in State waters by any means for purposes of fish meal reduction was introduced at the March 2, 2000 Council meeting and, after much discussion between Council members and the user groups, later voted upon at the July 13, 2000 Council meeting.

          The proposed amendment prohibiting the taking of Atlantic menhaden by any means for fish meal reduction eliminates the potential for the harvesting of Atlantic menhaden on such a large scale as could occur if the market for fish meal and other reduction products experienced major expansion, or if the purse seine fleet for reduction purposes were to move a greater proportion of their harvesting effort from Virginia waters to more northerly areas, including New Jersey.

 

Social Impact

 

          The proposed amendments to N.J.A.C. 7:25-14.1 and 14.6 regarding the definition, placement and marking of blind crab pot lines will have a positive social impact provisions by marking where blind crab pot lines are set, thereby reducing incidents of vessels entangling submerged crab pots.

          The proposed amendment at N.J.A.C. 7:25-14.14 regarding lobster possession limits for otter trawl vessels is added to make the existing regulation clearer.  The proposed amendment which allows the possession of six lobster per person per day for fish potters should have a positive social impact by allowing the harvest of a limited lobster by-catch [NL1] .

                    The proposed amendments at N.J.A.C. 7:25-14.16 regarding the creation of a recreational (Type D) lobster pot permit, the provision for otter trawl vessels which meet the qualification criteria to apply for a limited allocation of lobster pots under a Type E Permit and the provision for a Type F Permit for applicants who can document lobster landings in more recent years (September 3, 1998 through December 31, 2000) will have positive social impacts.  The recreational permits allow new recreational fishing opportunities. The other permits will reduce the potential of eliminating fishermen with a documentable history of lobster landings from the lobster pot fishery while protecting fishermen currently in the lobster pot fishery by maintaining the historical lobster pot allocation of 156,000 lobster pots.

          The Commissioner’s authority to modify pot and trap limits by means of an administrative should have a positive social impact by reducing the potential for a federally imposed moratorium if New Jersey could not otherwise comply with an ASMFC plan requirement to modify pot limits in a timely fashion.      The proposed amendments to N.J.A.C. 7:25-18.1 regarding the addition of smooth and spiny dogfish to the list of common and scientific names, the clarification that the greater of the size limits for commercial or recreational fisheries would apply to fish caught by rod and reel or other recreational gear and subsequently sold, the prohibition of the removal of fins from dogfish prior to landing and the movement of the exemption to size and possession limits for aquacultural hybrid striped bass from N.J.A.C. 7:25-18.1 to N.J.A.C. 7:25-20.2 are not anticipated to modify any current fishing practices and are therefore not anticipated to have any new social impacts.

          The proposed amendment at N.J.A.C. 7:25-18.1 regarding the establishment of a possession limit of 50 eels for bait purposes while fishing will not modify current fishing practices and will have no social impact.

The proposed amendments at N.J.A.C. 7:25-18.1 regarding size and possession limits for the black drum recreational fishery, size limits for the black drum commercial fishery, allowing the removal of the tail of a shark prior to landing and the prohibition of purposely killing fish not intended to be retained should have positive social impacts.  The black drum amendments are part of a management program to help assure a continued recreational fishery for large fish while protecting the traditional commercial fishery.  There may be some negative social impact on the recent summer fishery for small black drum.  One of the primary reasons for this amendment, however, is to protect strong year classes of small black drum for future harvest at the more important larger sizes, while still providing for some small fish to be taken in the recreational fishery.  The proposed fillet length follows from the proposed minimum fish length of 16 inches.  Every fish species that has a minimum length limit must also have a minimum fillet length limit in order to prevent individuals from filleting short fish in order to circumvent the law.  Providing for a long-term, stable recreational and commercial fishery for black drum will have long-term positive social benefits.  Allowing the removal of the tail of a shark will better allow recreational fishermen to preserve their catch in a cooler and the prohibition of the intentional killing of species not intended for retention should improve fishing ethics and protect stocks of fish not currently desired.

          The proposed amendments at N.J.A.C. 7:25-18.5 regarding the deletion of outdated language in the gill net delayed entry program, regulating the placement of miniature fykes and modifying the threshold of lobsters in possession before fish pots are required to have the larger escape vents intended for lobster pots will have positive social impacts.  The deletion of outdated language makes the rule easier for the public to understand.  Prohibiting the commercial placement of miniature fykes in marked or charted channels or manmade lagoons and controlling the placement of non-commercial miniature fykes reduces incidences of vessels becoming entangled in the miniature fykes and associated lines.  The fish pot fishery, primarily for black sea bass, traditionally catches some lobsters as a bycatch.  The proposed amendment will allow a limited number of lobsters to be retained without requiring the larger escape vents intended for lobster pots.  The larger lobster pot escape vents allow escapement of some legal sized black sea bass.

          The proposed amendments at N.J.A.C. 7:25-18.5(g)9 regarding species that may be taken with a parallel net will have a positive social impact.  While several species may no longer be taken by parallel net, those that constituted the historical fishery are still available.  The others may still be taken in the gill net fishery.  Addressing the concern expressed by some fishermen that a few individuals were inappropriately using parallel nets to circumvent the Delaware Bay limited entry program for gill nets should have a positive impact by protecting traditional gill net fishermen from new entrants and additional pressure on a limited resource and by protecting recreational fishermen from a potential increase in entanglements with fishing gear.

          The proposed amendments to N.J.A.C. 7:25-18.12(a)1 and 3 regarding weakfish will have a positive social impact by  clarifying the original intent of the regulation and the A.S.M.F.C. management plan that the 150 pound weakfish bycatch provision applies to vessels, not to each individual who may be on a vessel.

          The provisions at N.J.A.C. 7:25-18.12(e), applicable to the Shad Incidental Harvest Permit will have a positive social impact.  The increased poundage limit for this permit allows additional harvest for individual consumption or local market harvest and therefore will positively impact the social ideology of the local shad market.  This is especially true for those fishermen and markets along the Delaware Bay.  The demand for commercially harvested shad roe and fillets has declined in recent years, which has resulted in fewer fishermen in the shad industry.  This proposal is intended to assist those fishermen remaining in the fishery while adhering to ASMFC fishery management plan requirements.

          The proposed amendments regarding submission and inspection of business records by permit applicants may create a negative social impact.  Many of the small market shad fishermen do not keep accurate records and therefore may have trouble qualifying for a shad per