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 permit.

          The provisions regarding harvest or possession of the recreational limit of shad are for clarification purposes and should therefore have a positive social impact.

          The proposed amendments at N.J.A.C. 7:25-18.12(c) regarding permit eligibility being contingent on tautog being landed in New Jersey and subsequently sold will have a positive social impact for commercial fishermen now eligible for a directed or non-directed fishery tautog permit.  These changes will have no social impact on recreational fishermen since the annual commercial quota and open seasons will remain the same.  Any additional permits issued to commercial fishermen will not affect the current allocations to commercial and recreational fishermen.

          The proposed amendments 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 should have no new social impact.  Documented proof of landings is currently required in the permit application process.  The proposed amendments simply require copies of landings to be submitted with the application form, rather than be made available for later inspection.

          The proposed amendment regarding misrepresentation of information in the permit application process will have a positive social impact by allowing only those individuals who properly qualify for a Non-Directed Fishery Tautog Permit to participate in the limited entry, quota based tautog commercial fishery.  This same change in language would have a negative social impact only for an individual who falsifies or misrepresents documentation provided to verify the amount of tautog landed with their application for a Non-Directed Fishery Tautog Permit.  Such an individual would be liable for permit denial or revocation in addition to any civil or criminal penalties prescribed by law.  These penalties currently apply to individuals who apply for a Directed Fishery Tautog Permit and falsify or misrepresent documentation provided to verify the amount of tautog landed.

          The proposed amendments to N.J.A.C . 7:25-18.12 regarding black drum commercial quotas, trip limits and providing the Commissioner the authority to close the commercial black drum season upon two days public notice should have a positive social impact.  The commercial quota has been set at a limit that has only been exceeded by the commercial fishery one time in the past twenty years, so no negative impacts are anticipated for the traditional fishery.  Reducing the potential for overharvest of the resource by larger, very efficient gear types such as purse seines, if a new market was developed, will result in a positive social impact on the traditional fishery.  The trip limit will prevent a single vessel from taking the entire annual quota at one time and the ability to close the fishery if the quota is taken will reduce the potential for over harvest and will again result in positive social impacts upon the traditional commercial fishery.

          The proposed amendments at N.J.A.C. 7:25-18.12 (g) concerning the implementation of provisions applicable to the commercial harvest of spiny dogfish, should have a positive social impact.  The provisions to require commercial fishermen and dealers to have a spiny dogfish permit issued by the NMFS, to establish trip limits as set by the NMFS or the ASMFC and to provide for seasonal closures as set or recommended by the NMFS or the ASMFC are part of an overall fishery management plan for spiny dogfish.  Since the plan is designed to manage and rebuild spiny dogfish stocks on a coastwide basis, long term positive social impacts are anticipated.

          The provisions at N.J.A.C. 7:25-18.13 should have a  positive impact upon striped recreational fishermen.  Providing the Commissioner the authority to set the size limit, bag limit, season and/or quota will allow New Jersey to respond to any changes to the ASMFC striped bass plan and therefore better monitor and manage the Striped Bass Bonus Program.

The revocation provisions could have a negative impact on a charter or party boat owner if he or she could not transfer ownership of vessel in order to remain in the Bonus Program in the case of conviction of violations of program provisions.  This same provision would, however, have a more widespread positive social impact to the majority of vessels and vessel owners who participate in the Bonus Program in a legal fashion.

          The summer flounder and black sea bass amendments proposed at N.J.A.C. 7:25-18.14(l) and (q) were developed in coordination with industry representatives and will provide for a fishery that more closely conforms to the industries’ needs.  In addition, the provisions will result in better quota management for summer flounder and black sea bass.  Better quota management will lessen the likelihood of overharvesting quotas and should avoid premature closing of commercial fisheries, thereby extending the social benefits of an open fishery.

          The addition of Atlantic croaker to N.J.A.C. 7:25-18.14(m) concerning the commercial fishery for weakfish is intended to provide protection for undersize weakfish that may otherwise be taken in a directed Atlantic croaker fishery.  The Department does not anticipate any social impact from this addition.  Most individuals who participate in the Atlantic croaker fishery also participate in the more important weakfish fishery.

          The proposed amendments at N.J.A.C. 7:25-18.14(p) regarding the setting of trip limits by the NMFS or determination of trip limits by the ASMFC, providing the Commissioner the authority to implement ASMFC determined seasonal quotas or trip limits upon four days public notice, changing the fax number for dealer reporting and deleting references to a New Jersey Scup Permit or application will result in positive social impacts.  The deletion of outdated language will simplify the regulations and the other modifications will result in improved quota management.  Improved management will reduce the potential for quota overharvest and timely implementation of trip limits will extend the social benefits of an open directed fishery.

          The proposed amendments to N.J.A.C. 7:25-18.16 which establish an annual quota of not more than 297,680 horseshoe crabs should not have a new impact on commercial fishermen harvesting horseshoe crabs since this is the same level of harvest experienced in the commercial fishery in 1999.  The establishment of this quota may have a positive social impact to commercial fishermen and birders in the future if this conservation measure is responsible for a larger spawning population and a larger sustainable yield in the horseshoe crab resource.

          Requiring weekly reporting through a telephone call in system and allowing the Commissioner to close the horseshoe crab fishery by notice would have a positive social impact since the Commissioner would be able to effectively monitor the quota and close the horseshoe crab season in a timely fashion and the annual quota would not likely be exceeded.  Consequently, there will likely be no overage of the annual quota which would have to be subtracted from the next year’s annual quota as required by Addendum I of the ASMFC Interstate Plan.  The required weekly call in by horseshoe crab harvesters may have a minor negative impact on harvesters requiring their time to call in each week during the horseshoe crab season, but this would be offset by effectively monitoring and not overshooting the quota.  Allowing the Commissioner, with the approval of the Marine Fisheries Council, to modify the annual quota and/or season by notice may also have a positive social impact since New Jersey would remain in compliance with Addendum I and no Federal moratorium on the State’s horseshoe crab fishery would occur.  Prohibiting the harvest of horseshoe crabs in the back bay area near Thompson’s Beach in Cumberland County would have an initial negative social impact on those horseshoe crab harvesters that presently harvest horseshoe crabs in that area.  These harvesters would be required to harvest horseshoe crabs in other area of the state.  It must be remembered, however, that the harvest in these man-made ditches has only occurred in the last few years when horseshoe crabs gained access to the former salt hay farm area. 

          The proposed new rules at N.J.A.C. 7:25-20 regarding the identification, importation and transportation of the products of commercial aquaculture are anticipated to have positive social impacts.  The purpose of the proposed new rule is to reduce existing regulatory impediments to the development of an aquaculture industry while protecting the wild resources and their habitats.  Providing a method to exempt aquacultured products from size, quota, creel and other possession and marketing constraints will have positive social impacts to potential aquaculturists and consumers.  Regulating the importation for aquaculture or placement of aquatic organisms in the waters of the State is designed to protect human health from potential disease organisms and the health and integrity of wild resources from the introduction of diseases, pests, predators or competitors.  This will provide positive social impacts to seafood consumers and the aquaculture industry as well as to commercial and recreational fishermen dependant upon wild harvest.

          The proposed new rules at N.J.A.C. 7:25-20.2 require that accurate and dated documentation accompany aquacultured product in transit or while in possession for sale and that such documentation be maintained for at least one year and be made available for inspection. Compliance with these requirements will require some effort and time on the part of the aquaculturist and seller, and therefore have a  negative social impact.  The same provisions will also have a positive social impact by reducing the potential for aquacultured product being inappropriately counted as wild caught product and applied to existing species quotas, thereby shortening open seasons.  Positive social impacts may also be derived from documenting the origin of aquacultured produce if human health implications were involved by providing a rapid means to curtail further shipments of product until the problem is resolved.

          The proposed new rules to establish a list of aquacultured products required to be marked, establishment of an approved list of marking techniques, allowing the Commissioner to add or delete organisms or marking techniques from these lists and the requirement of record keeping are anticipated to have generally positive social impacts.  Although complying with these provisions will require some time and effort, they will provide a means to market aquacultured product that may not currently be allowed due to sales prohibitions, size limits, possession limits, seasons or quotas.

          The establishment of an administrative penalty for violation of the record keeping or marking requirements will have a negative impact on those persons who violate the provisions but will have a much wider positive social impact to the majority of aquaculturists and harvesters of wild species who abide by the regulations.

          The proposed new rules at N.J.A.C. 7:25-20.3, establishing importation regulations for aquatic organisms, will have some minor, short term negative social impacts. These will occur due to the time and effort needed to comply with record keeping, reporting, and permit application requirements. However, the long term social benefits to the aquaculture industry and to the State’s natural resources by reducing the potential for human health impacts or negative impacts to wild fishery resources and those individuals dependent upon them far outweigh the negatives.

          The proposed amendments to N.J.A.C. 7:25-22.1 and 7:25-22.2 which prohibit the taking of Atlantic menhaden from the marine waters of the State by purse seine or any other method for fish meal reduction will have  a negative social impact on the Atlantic menhaden fish meal reduction industry.  Purse seine vessels, taking Atlantic menhaden for fish meal reduction purposes will be able, however, to continue to take Atlantic menhaden off the coast of New Jersey as long as they are three nautical miles from shore.  Previously, the reduction industry purse seine vessels were allowed to take Atlantic menhaden in New Jersey marine waters as long as they were no closer than 1.2 nautical miles from shore.  Over the past three years, only two percent of the total amount of Atlantic menhaden taken by the reduction industry along the Atlantic coast came from the area being eliminated, therefore negative social impacts are expected to be minimal.

          The proposed amendments will also have a positive social impact for sportfishermen who have long contended that the taking of Atlantic menhaden from the marine waters of the State for fish meal reduction must be prohibited to protect the coastal population of the Atlantic menhaden, provide sufficient forage fish for predatory fishes and reduce the potential for social conflicts between the commercial purse seine vessels and sportfishing activities.

         

Economic Impact

 

          N.J.A.C. 7:25-14.6(c) currently prohibits the setting of crab pots in defined areas, and this proposal is an extension of the prohibition to include blind crab pot lines.  Most individual crab pots are currently marked with a buoy, therefore requiring blind crab pot lines to be marked with buoys or stakes continues this common practice in the fishery.  A positive economic impact should result from adoption of this proposed amendment by reducing obstructions and impediments to navigation, thereby reducing repair costs incurred via engine prop-crab pot interactions.

          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 more explicit, will not change current fishing practices and will have no economic impact.  The proposed amendment which allows the possession of six lobster per person per day for fish potters should have a positive economic impact by allowing the harvest of a limited, traditional  lobster by-catch [NL2] .

          The proposed amendment at N.J.A.C. 7:25-14.16 clarifies that applicants for a Type C New Jersey Lobster Pot Permit may not have lobster pot allocations from another jurisdiction. This will not have any economic  impacts since the Type C permit was developed to allow fishermen with a history of landing lobster in New Jersey, but who do not have a Federal lobster permit, to continue in a State-waters-only fishery.

          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 economic impacts.  The recreational permit will allow for new recreational fishing opportunities while the Type E and F permits will allow additional fishermen into the lobster pot fishery. Fishermen currently in the lobster pot fishery will be protected from excess fishing pressure by maintaining the historical lobster pot allocation of 156,000 lobster pots.

          The proposal to allow modification of pot and trap limits by Administrative Notice at N.J.A.C. 7:25-14.19 would have a positive economic 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 adding 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 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, the establishment of a possession limit on eels 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 substantially modify any current fishing practices and are therefore not anticipated to have any economic impacts. 

The proposed establishment of a 16 inch minimum size limit at N.J.A.C. 7:25-18.1 on black drum offered for sale should have no economic impact.  The traditional commercial black drum fishery targets larger fish.  The proposed three fish creel limit at a 16 inch minimum length for the recreational fishery should have no economic impact.  The spring fishery seeks large, adult fish and should not be affected by either the size or creel limit.  The more recent summer fishery for smaller fish is part of a mixed fish fishery for several species, e.g., Atlantic croaker, spot and weakfish and participation in the fishery should not be impacted by the proposed creel and size limits.  The proposed creel limit and fillet limit could have a minor adverse economic impact on party or charter boat mates who clean fish for customers while the boat is returning to the dock.  However, any adverse impact should be slight since the smaller fish were not part of the fishery until recently, and the long-term management of black drum will result in positive long-term economic impacts to the party and charter boat fishery.

The proposed amendments at N.J.A.C. 7:25-18.1 allowing removal of the tail of a shark to better allow recreational fishermen to preserve their catch in a cooler and the prohibition of the intentional killing of species not intended for retention is not expected to significantly change current fishing practices and will not have any economic impact.

The proposed amendments to N.J.A.C. 7:25-18.5 which delete outdated language in the gill net delayed entry program simplify the regulations and will have no economic impact.

          The proposed amendments at N.J.A.C. 7:25-18.5 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 economic impacts.  Prohibiting the commercial placement of miniature fykes in marked or charted channels or manmade lagoons and controlling the placement of non-commercial miniature fykes will reduce incidences of vessels becoming entangled in the miniature fykes and associated lines thereby reducing vessel repair and fishing gear replacement costs.  The fish pot fishery, primarily for black sea bass, traditionally catches some lobsters as a bycatch.  The proposal will allow a limited number of lobsters to be retained and sold 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, which would decrease the effectiveness of the gear in instances where lobsters are not the target species.  The proposed amendment at N.J.A.C. 7:25-18.5(g)9. regarding species that may be taken with a parallel net should have little or no economic impact.  Those species that constituted the historical fishery will still be available to parallel net fishermen.  Those species that may no longer be taken in parallel nets can still be taken by gill net.  The only negative economic impact would be upon a fisherman utilizing a parallel net as a gill net to circumvent the limited entry or delayed entry programs in effect for gill nets.         

The proposed amendments at N.J.A.C. 7:25-18.12(a), which clarifies that the 150 pound bycatch provision is a vessel allocation, may have some negative economic impact if any multi-crew vessels have been landing 150 pounds of weakfish per individual crewman.  Vessels would still be able to land 150 pounds bycatch of weakfish as well as the species they are seeking.  This clarification is needed to comply with the ASMFC interstate weakfish management plan.  Failure to make this modification could result in a federally imposed moratorium in the New Jersey weakfish fishery with substantial negative economic impacts.

The proposed amendments at N.J.A.C. 7:25-18.12(c) regarding permit eligibility being contingent on tautog being landed in New Jersey and subsequently sold will have a positive economic impact for commercial fishermen who would become eligible for a directed or non-directed fishery tautog permit.  New permittees will be able to participate in the State’s commercial tautog fishery.  These changes will have no economic impact on other fishermen since the annual commercial quota, open seasons, and resource allocations will remain the same.  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 may have a slight economic impact on those commercial fishermen now applying for a tautog permit.  Since copies of documented proof of landings must be submitted, these applicants may incur some minor photocopying expenses.

The proposed amendment regarding misrepresentation of information in the permit application process will have a positive economic impact by allowing only those individuals who properly qualify for a Non-Direct Fishery Tautog Permit to participate in the limited entry, quota based tautog commercial fishery.  This amendment would have a negative economic impact only upon an individual who falsifies or misrepresents documentation provided to verify the amount of tautog landed with their application for a Non-Directed Fishery Tautog Permit.  Such an individual would be liable for permit denial or revocation in addition to any civil or criminal penalties prescribed by law.  These penalties currently apply to individuals who apply for a Directed Fishery Tautog Permit and falsify or misrepresent documentation provided to verify the amount of tautog landed.

The proposed amendments at N.J.A.C. 7:25-18.12(e), concerning an increase in harvest for Shad Incidental Harvest Permit holders should have a long-term positive economic impact.  The increase in available harvest will be a benefit to the fishermen as well as local economies dependent on shad harvest.  The provisions will have a negative impact on any fishermen not able to obtain a shad permit because they lack the proper business records, which are necessary to support the application. 

          The proposed amendments to N.J.A.C. 7:25-18.12 regarding black drum commercial quotas, trip limits and providing the Commissioner the authority to close the commercial black drum season upon two days public notice should have positive economic impacts.  The commercial quota has been set at a limit that has only been exceeded by the commercial fishery once in the past twenty years, so no negative impacts are anticipated for the traditional fishery.  Reducing the potential for overharvest of the resource by larger, very efficient gear types such as purse seines, if a new market was developed, will result in a positive economic impact on the traditional fishery.  The trip limit will prevent a single vessel from taking the entire annual quota at one time and the ability to close the fishery if the quota is taken will reduce the potential for over harvest and will again result in positive social impacts to the traditional commercial fishery.

          The proposed amendments at N.J.A.C. 7:25-18.12 (g) concerning the implementation of provisions applicable to the commercial harvest of spiny dogfish, should have a long-term positive economic impact.  The provisions to require commercial fishermen and dealers to have a spiny dogfish permit issued by the NMFS, to establish trip limits as set by the NMFS or the ASMFC and to provide for seasonal closures as set or recommended by the NMFS or the ASMFC are part of an overall fishery management plan for spiny dogfish.  Since the plan is designed to manage and rebuild spiny dogfish stocks on a coastwide basis, long term positive economic impacts are anticipated.

          The amendments at N.J.A.C. 7:25-18.13, applicable to the Striped Bass Bonus Program are compatible with the coastwide plan, which is intended to increase stock sizes over time.  Long-term job opportunities should be enhanced in the service industries for the striped bass recreational fishery if stocks increase as expected.  Providing the Commissioner the authority to set the size limit, bag limit, season and/or quota will allow New Jersey to respond to any changes to the ASMFC striped bass plan and therefore nullify any negative economic impacts imposed by a Federal moratorium for non-compliance.  While the provisions on distribution of bonus cards to the vessel owner should have no economic impact, the revocation provisions could have a negative impact in that a vessel, regardless of ownership, could no longer participate in the Bonus Program.  The same provision, however, should have no negative impact on charter and party vessels participating in the program in a legal manner.

          The proposed amendments at N.J.A.C. 7:25-18.14 regarding summer flounder and black sea bass are all expected to result in positive economic impacts.  All of the summer flounder and black sea bass provisions were developed in coordination with industry representatives and will provide for a fishery that more closely conforms to the industries needs.  In addition, the provisions will result in better quota management for summer flounder and black sea bass.  Better quota management will lessen the likelihood of overharvesting quotas and should avoid premature closing of commercial fisheries, thereby extending the economic benefits of an open fishery.

          The proposed addition of Atlantic croaker to N.J.A.C. 7:25-18.14 is meant to protect undersize weakfish from being taken in the directed Atlantic croaker fishery.  While the proposed minimum otter trawl mesh size may result in a reduction in the Atlantic croaker catch, this reduction would occur primarily in the smaller size categories, which are worth less than larger fish.  Even more importantly, this mesh size would protect small weakfish allowing them to reach legal size and become available to the traditional, more valuable weakfish fishery.

          The proposed amendments at N.J.A.C. 7:25-18.14 regarding setting trip limits will result in positive economic impacts.  The modifications will result in improved quota management, will reduce the potential for quota overharvest and the timely implementation of trip limits will extend the economic benefits of an open directed fishery.  The provisions to delete outdated language regarding the application for and utilization of a New Jersey Scup Permit simplify the regulations and will have no economic impact.

          The proposed amendments to N.J.A.C. 7:25-18.16 allowing the Commissioner to establish an annual quota of not more than  297,680 horseshoe crabs may have no economic impact since New Jersey would maintain the level of horseshoe crab harvest experienced in 1999.  Allowing the Commissioner to close the horseshoe crab fishery in a timely manner may have a positive economic impact since there will likely be no overage of the annual quota which would have to be subtracted from the next year’s annual quota as required by the ASMFC coastwide plan.  Requiring weekly reporting through a telephone call in system may have a minor negative economic impact on harvesters due to any costs associated with these calls but this would be offset by effectively monitoring and not overshooting the quota.

Allowing the Commissioner, with the approval of the Marine Fisheries Council, to modify the annual quota and/or season by notice may have a negative economic impact if the new quota and/or season is less than the previous year’s quota and/or season.  Any reduction in quota and/or season would be needed for the conservation of the horseshoe crab resource.

Prohibiting the harvest of horseshoe crabs in the back bay area near Thompson’s Beach in Cumberland County would have an initial negative economic impact on those horseshoe crab harvesters that presently harvest horseshoe crabs in that area.  These harvesters would be required to harvest horseshoe crabs in other areas of the state.  It must be remembered, however, that the harvest in these man-made ditches has only occurred in the last few years when horseshoe crabs gained access to the former salt hay farm area.

Prohibiting the simultaneous possession of horseshoe crabs and any harvest gear except miniature fykes, conch pots, lobster pots, fish pots, or minnow pots will have no economic impact since harvesting of horseshoe crabs is by hand collection only.  All of the above provisions are intended to conserve and manage the horseshoe crab populations while allowing continuation of the traditional fisheries.  Due to the close interaction of shorebirds to horseshoe crab spawning, any maintenance, conservation and restoration of the horseshoe crab stocks in the Delaware Bay area will also benefit the shorebird populations.  This will result in positive economic impacts to Cape May and Cumberland counties from eco-tourism created by people coming to see the unique concentration of shorebirds along the Delaware Bay shoreline in the spring.

          The proposed amendments at N.J.A.C. 7:25-20 regarding the identification, importation and transportation of the products of commercial aquaculture are anticipated to have positive economic  impacts.  The purpose of the proposed new rule is, in part, to reduce existing regulatory impediments to the development of an aquaculture industry.  Any increase in aquacultural activity, while protecting the wild resources and their habitats, will have a positive economic impact.  Providing a method to exempt aquacultured products from size, quota, creel and other possession and marketing constraints will increase the options open to aquaculturists, will provide market opportunities and should result in economic benefits.  Regulating the importation for aquaculture or placement of aquatic organisms in the waters of the State is designed to protect human health from potential disease organisms and the health and integrity of wild resources from the introduction of diseases, pests, predators or competitors.  This should reduce the potential of negative impacts to seafood consumers and the aquaculture industry as well as to commercial and recreational fishermen dependant upon wild harvest.

         

The proposed new rule at N.J.A.C. 7:25-20.2 requiring that accurate and dated documentation accompany aquacultured product in transit or while in possession for sale and that such documentation be maintained for at least one year and be made available for inspection will require some effort and time on the part of the aquaculturist and seller, and therefore has some associated costs.  The same provisions will, however, reduce the potential for aquacultured products being inappropriately counted as wild caught product and applied to existing species quotas, thereby shortening open seasons and creating negative economic impacts.

          The proposed new rule establishing a list of aquacultured products required to be marked , establishing approved marking techniques, allowing the Commissioner to add or delete such products or marking techniques from the established lists and requiring record keeping are anticipated to have positive economic benefits.  Although some of these provisions will require some time, effort and associated costs to comply with, they will provide a means to market aquacultured products that may not currently be allowed due to sales prohibitions, size limits, possession limits, seasons or quotas to the benefit of the aquaculture industry.

          The administrative penalty for violation of the record keeping or marking requirements will have a negative impact on those persons who violate the provisions but will have a much wider positive impact to the majority of aquaculturists and harvesters of wild species who abide by the regulations.

          The proposed new rule at N.J.A.C. 7:25-20.3 requiring an importation permit, providing that some foreign, genetically altered or hybridized organisms may require an environmental impact statement, establishing a list of organisms and their use(s) which are exempt from the permit requirement, providing for additions or deletions from the exemption list, requiring record keeping and reporting, establishing an appeal procedure for application denials, providing the Commissioner the authority to stop further importation of certain species from certain areas and to require permit holders to remove certain organisms from the waters of the State if they pose a threat to human health or to natural wild stocks, and the establishment of an aquaculture technical committee will have some positive overall economic impacts.  Although some minor, short term economic costs will occur due to the time and effort needed to comply with record keeping, reporting, and permit application requirements, the long term economic benefits to the aquaculture industry and to the State’s natural resources by reducing the potential for human health impacts or negative impacts to wild fishery resources and those individuals dependent upon them far outweigh the negatives.

          The proposed amendments to N.J.A.C. 7:25-22.1 and 7:25-22.2 which prohibit the taking of Atlantic menhaden from the marine waters of the State for fish meal reduction will have a negative economic impact on the Atlantic menhaden fish meal reduction industry.  Fish meal reduction vessels, however, will be able, to continue to take Atlantic menhaden off the coast of New Jersey as long as they are three nautical miles from shore in the EEZ.  Previously, these industry vessels were allowed to take Atlantic menhaden in New Jersey marine waters as long as they were no closer than 1.2 nautical miles from shore.  For the last three years, the amount of Atlantic menhaden taken for fish meal reduction in New Jersey marine waters has averaged two percent of the total amount of Atlantic menhaden taken for fish meal reduction along the Atlantic coast.  Any economic impacts caused by the proposed amendment should be minimal and may be able to be recouped by increasing fishing effort adjacent to but beyond New Jersey's three mile jurisdictional area.

          The proposed amendments to N.J.A.C. 7:25-22.1 and 7:25-22.2 which prohibits the taking of Atlantic menhaden from the marine waters of the State for fish meal reduction may have a positive economic impact on sportfisheries since increased numbers of Atlantic menhaden for predatory fishes may enhance sportfishing opportunities.  Sportfishermen have long contended that the taking of Atlantic menhaden from the marine waters of the State for fish meal reduction is necessary for conservation of the Atlantic menhaden resource to support the dietary requirements of predatory fishes.  Fishing trips are likely to increase if sportfishermen believe there will be more locally available forage fish to support and hold predatory fishes in local waters.  Consequently, positive economic impacts would be experienced by party and charter boats, bait and tackle shops and any other business supporting sportfish activities.

         

Environmental Impact

          The proposed amendments to N.J.A.C. 7:25-14.1 and 14.6 will have positive environmental impact by allowing for better enforcement of regulations governing placement of crab pots. N.J.A.C. 7:25-14.6(c) currently prohibits setting crab pots in defined areas, and this amendment is an extension of the prohibition to include blind crap pot lines. The addition of blind crab pot lines to sections describing legal placement and marking of crab pots will, therefore, provide means by which the illegal setting of crab pots can be better controlled.

          The proposed amendments at N.J.A.C. 7:25-14.14 regarding lobster possession limits by otter trawls and other methods of harvest clarify the rules, but will not change the way the fishery is conducted and should not have any environmental impact.

          The proposed amendments at N.J.A.C. 7:25-14.16 regarding the clarification that a Type C Lobster Pot Permit is available only to applicants who do not possess a lobster pot allocation from another jurisdiction will not change the way the fishery is conducted and will have no environmental impact.  The addition of new lobster pot permits for a recreational allocation, for qualified otter trawl vessel owners and for pot fishermen who have entered the fishery and can document landings between September 3, 1998 and December 31, 2000 will increase effort in the lobster pot fishery.  The total amount of lobster pots allocated will, however, be limited to no more than the 156,000 pot allocation approved under the ASMFC lobster management plan, and is therefore not expected to have any negative environmental impact.

          The proposed amendment at N.J.A.C. 7:25-14.19 regarding the Commissioner’s authority to modify lobster pot and trap limits in compliance with the coastwide plan by Administrative Notice will not have any immediate environmental impact.  There may be future beneficial environmental impacts due to the increased ability to respond in a timely manner to modify Departmental regulations in conformance with the coastwide management efforts for lobster.

          The proposed amendments at N.J.A.C. 7:25-18.1 which add smooth and spiny dogfish to the list of common and scientific names and require that species taken by recreational gear and subsequently sold are subject to the larger size limit set for commercial or recreational fisheries are meant to clarify the regulations and will have no environmental impacts.

          The proposed amendments at N.J.A.C. 7:25-18.1 establishing a recreational possession limit for American eel is in conformance with the ASMFC fishery management plan. The plan is intended to improve and conserve the American eel stocks and any management measures in support of the plan will have a positive environmental impact 

          The proposed amendments at N.J.A.C. 7:25-18.1 establishing a 16 inch size limit for commercial and recreational fisheries, a three fish possession limit in the recreational fishery, a fillet size for the party boat special fillet permit and the proposed amendments N.J.A.C. 7:25-18.12 establishing a commercial quota and trip limit on black drum and authorizing the Commissioner to close the fishery if the quota is projected to be taken will have a positive environmental impact.  These provisions are intended to manage the black drum resource by conserving immature black drum and by capping the potential commercial harvest of black drum should market demand increase.

          Additional amendments to N.J.A.C. 7:25-18.1 prohibiting removing the fins from a dogfish prior to landing and prohibiting the intentional killing of fish not intended for landing are meant to conserve and manage marine species and will have positive environmental impacts.  Requiring the landing of dogfish with fins on will eliminate the practice of removing fins at sea and discarding the bodies. Prohibiting the intentional killing of fish and not retaining them will help conserve fish not currently desired or not currently allowed to be retained. Allowing the removal of the tail of a shark for better maintenance of the flesh and moving the reference of aquacultured hybrid striped bass from N.J.A.C. 7:25-18.1 to N.J.A.C. 7:25-20 will not change fishing practices and will have no environmental impacts.

          The proposed amendment at N.J.A.C. 7:25-18. eliminating outdated language concerning the gill net delayed entry program clarifies and simplifies the regulations and will not result in any environmental impacts.  The provision regarding the placement of miniature fykes is intended primarily to reduce gear conflicts between boats and the miniature fykes and is not expected to have any environmental impact.  Clarifying which species may be harvested by parallel nets may have some positive environmental impact if some individuals were utilizing the parallel net license to circumvent the limited entry gill net program and fish with gill nets for managed species.  Further proposed amendments to N.J.A.C. 7:25-18.5 establishing an allowance of six lobster per person onboard a fish pot vessel prior to requiring the use of the larger escape vents used in the lobster fishery is consistent with the traditional small bycatch of lobsters in the pot fishery for black sea bass and is anticipated to have little or no environmental impact.

          The proposed amendments at N.J.A.C. 7:25-18.12(a) applying the 150 pound bycatch of weakfish to the vessel, not the individual, will not modify any fishing practices and will not have any environmental impact.

          The proposed minor changes in language at N.J.A.C. 7:25-18.12(c) regarding the qualification criteria for landing tautog in New Jersey and subsequent sale will have no environmental impact on the tautog resource.  The annual commercial quota and open seasons remain the same, the minor changes in language merely clarify permit eligibility criteria to be consistent with the original intent of the regulations.

          Proposed amendments at N.J.A.C. 7:25-18.12(c) 2ii(2) and 5ii(2) 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 will have no environmental impact.  These new provisions simply modify the application process in obtaining a tautog permit.

          The proposed amendments at N.J.A.C. 7:25-18.12(c) regarding penalties for misrepresentation of application documentation will have no environmental impact.  The change in language is made for consistency purposes only and the allowable commercial fishery quota is not affected by this administrative change.

          The proposed amendments at N.J.A.C. 7:25-18.12(e) concerning the exclusion of a recreational harvest of shad from the commercial shad permit requirements and the requirement to provide landings documentation with a commercial shad permit application are meant for clarification purposes and to increase the efficiency of the permitting process and will not have any environmental impact.  The proposed increase in the daily possession limit from 150 to 300 pounds of shad under the Shad Incidental Harvest Permit was developed in compliance with the goals and objectives of the ASMFC Fisheries Management Plan for Shad and is expected to have little or no environmental impact.

          The proposed amendments at N.J.A.C. 7:25-18.12(g) requiring vessel and dealer permits issued by the NMFS to sell or purchase spiny dogfish, establishing daily trip limits and providing for a fishery closure in New Jersey upon a closure by the NMFS or a recommended closure by the ASMFC will have a positive environmental impact.  All of these provisions are intended to be compatible with Federal regulations and are needed to come into compliance with the ASMFC interstate management plan for spiny dogfish.  Acting in concert with the Federal government and the other Atlantic coastal states, these proposed amendments are intended to restore spiny dogfish populations and have a positive environmental impact.

          The provisions at N.J.A.C. 7:25-18.13 stipulating that participation in the bonus striped bass program by party or charter vessels shall be in the name of the owner, that revocation from the program would be applicable to both the charter or party vessel and owner would not change the way in which the fishery is pursued and would have no environmental impact.  The provision to allow the Commissioner, with the approval of the New Jersey Marine Fisheries Council, to modify by notice, size limits, seasons, bag limits or quota for the bonus bass program will provide positive environmental impacts by allowing the Department to adapt to the goals and objectives of ASMFC management plans, ensuring proper utilization of the striped bas resource, in a timely fashion.

          The proposed provisions at N.J.A.C. 7:25-18.14(l) and (q) regarding restricting summer flounder directed landings to two days per week during the January-February directed season, requiring Summer Flounder Dealers to report landings daily instead of weekly during the January-February directed season, allowing the Commissioner to close the directed summer flounder fishery upon two days notice in place of the current four day notice, clarifying that landings of summer flounder less than defined directed amounts are not applied to maximum weekly landings days, clarifying that vessels not possessing a New Jersey Summer Flounder Permit can land limited amounts of summer flounder providing summer flounder does not exceed 10 percent  by weight of all landings, allowing for bycatch amounts of summer flounder to be landed individually frozen, changing fax numbers for dealer reporting and identifying the ASMFC as establishing black sea bass daily trip limits and quotas and to allow the Commissioner to set trip limits and quotas by notice are all expected to result in positive environmental impacts.  These measures are meant to provide for fisheries that conform to industry needs while at the same time lessen the likelihood of overharvesting quotas.  Keeping commercial landings within quota limits provides for added protection to the resource and will promote healthier fish stocks in the future.

          The proposed addition of the Atlantic croaker to N.J.A.C. 7:25-18.14(m) regarding special provisions applicable to a directed weakfish fishery will have a positive environmental impact.  The requirement to use an otter trawl with a minimum mesh size of 3.75 inches stretched diamond mesh, or 3.375 inches stretched square mesh, inside measurement in a directed Atlantic croaker fishery will allow undersize weakfish as well as other small forage and food fish to escape capture or bycatch mortality.

          The provisions at N.J.A.C. 7:25-18.14(p) modifying the fax number for dealer reporting and deleting outdated references to the application for use of a New Jersey Scup Permit are intended to simplify the regulations and improve the efficiency of quota monitoring but are not expected to have an environmental impact.  The provisions to establish that trip limits may be implemented by the NMFS and that scup quotas and trip limits may be determined by the ASMFC and implemented by the Commissioner upon four days public notice will have a positive environmental impact.  These measures are meant to conform to industry needs to keep the fishery open as long as possible while decreasing the likelihood for quota overharvest.  Maintaining quota harvests within the parameters set by the coastwide management plan will protect the resource and will promote healthier fish stocks in the future.

The proposed amendments to N.J.A.C. 7:25-18.16 which allow the Commissioner, to establish an annual quota of not more than 297,680 horseshoe crabs and to close the horseshoe crab season if the quota is projected to be taken will have positive environmental impacts for both the horseshoe crab and migratory shorebird resources.  Requiring weekly reporting of horseshoe crab harvesters will also have a positive environmental impact since the quota will be more effectively monitored.  Addendum I to the ASMFC FMP for Horseshoe Crab establishes a state-by-state cap on horseshoe crab bait landings at 25 percent below the reference period landings identified in the plan.  Additionally, New Jersey, as well as a few other states with more restrictive harvest levels, is encouraged to maintain current regulations to provide further protection to the Delaware Bay horseshoe crab population, recognizing its importance to migratory shorebirds.

          Both the ASMFC Horseshoe Crab Stock Assessment Subcommittee and a Peer Review Panel, assessing existing horseshoe crab and shorebird biological data, recommended that a conservative, risk-averse approach to horseshoe crab management is necessary based on available data.  The FMP for Horseshoe Crab and Addendum I subsequently established a reference period landings table, documenting existing levels of horseshoe crab landings in each Atlantic coastal state.  Addendum I established a state-by-state cap on horseshoe crab bait landings for 2000 at 25 percent below the reference period landings.  This management option is consistent with the recommended conservative, risk averse approach to horseshoe crab management. 

Allowing the Commissioner, with the approval of the Marine Fisheries Council, to modify the annual quota and/or season by notice in order to maintain and/or to come into compliance with the FMP for Horseshoe Crab will have a positive environmental impact since the annual quota and/or season will be in compliance with the goals and objectives of Addendum I to the FMP for Horseshoe Crab.

Prohibiting the harvest of horseshoe crabs in the back bay area near Thompson’s Beach in Cumberland County will have a positive environmental impact on horseshoe crabs and migratory shorebirds.  This back bay area is unique since it was created when two ditches, B1 and B2, were excavated as part of the Thompson’s Beach marsh restoration project, converting abandoned salt hay farms into marshland.  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.  Closing this back bay area will protect the spawning population of horseshoe crabs and minimize disturbance to migratory shorebirds which feed on horseshoe crab eggs during the horseshoe crab spawning season. 

Prohibiting the simultaneous possession of horseshoe crabs and any harvest gear except miniature fykes, conch pots, lobster pots, fish pots, or minnow pots may have a positive environmental impact by assisting enforcement efforts in ensuring that no illegal harvesting of horseshoe crabs occurs.

The provisions proposed at N.J.A.C. 7:25-20 regarding the transporting, identification and importation of products of commercial aquaculture have the potential for positive environmental impacts.  The regulations are designed to provide for and encourage aquacultural opportunities while protecting natural wild stocks and their habitats.

The proposed list of definitions at N.J.A.C. 7:25-2.1 are meant to clarify the following regulations and will have no environmental impacts.  The proposed rule at N.J.A.C. 7:25-20.2 requiring accurate and dated documentation to accompany aquacultured products in transit and while in possession for sale and that such records be maintained and made available for inspection for at least one year may result in positive environmental impacts.  Record keeping is meant, in part, to avoid the potential of wild caught fish being sold as aquacultured product resulting in unreported harvest of the species involved and leading to overfishing.  Accurate documentation of the origin of aquacultured product may also be valuable to stop the flow of this product and to locate other places where this product is being sold in the potential situation where people are being made sick through consumption of the product.

The proposed regulations requiring that products of aquaculture be marked in a manner approved by the Division to be exempted from rules regarding the sale or possession of wild caught fish, establishing a list of approved marks or marking techniques, establishing a list of species exempt from the marking requirements, establishing a mechanism to add or delete species from the list and the requirement of record keeping regarding the shipment and sale of marked organisms may have positive environmental impacts.  These provisions are meant to provide a means to allow for the sale of aquacultured products which could not be sold if they were caught in the wild.  At the same time, such products must be recognizable to enforcement personnel to prevent wild caught product from being sold as aquacultured product and undermining the benefits of management to the detriment of the resource.

The proposed establishment of an administrative penalty for the violation of certain provisions of N.J.A.C. 7:25-20.2 may have some positive environmental benefit if they reduce the circumvention of the regulations.

The proposed provisions at N.J.A.C. 7:25-20.3 regarding the requirement of an importation permit, that some foreign, genetically altered or hybridized organisms may require an environmental impact statement, establishing a list of organisms and their use(s) which are exempt from the permit requirement, providing for additions or deletions from the exemption list, requiring record keeping and reporting, establishing an appeal procedure for application’s denials, providing the Commissioner the authority to stop further importation of certain species from certain areas and to require permit holders to remove certain organisms from the waters of the State if they pose a threat to human health or to natural wild stocks, and the establishment of an aquaculture technical committee may have positive environmental impacts.  These provisions are meant to control the importation of aquatic organisms to protect both human health and the health of wild fishery resources and their habitats from disease or from escaped or intentionally released organisms that may predate upon, compete with or genetically harm wild species or their habitats.

Those provisions which establish an aquaculture technical committee, define the role of the technical committee and establish penalties for violations of certain provisions of this section will help achieve the intended purpose of this section and in that manner may have some environmental benefit.

The proposed amendments to N.J.A.C. 7:25-22.1 and 7:25-22.2 which prohibit the taking of Atlantic menhaden from the marine waters of the State for fish meal reduction may have positive environmental impacts if the current fishing mortality on the Atlantic menhaden resource due to harvest for reduction purposes is above the fishing mortality level for a sustainable Atlantic menhaden stock.  Also, there will be reduced potential for the occurrence of short-term localized depletions of Atlantic menhaden which could translate into positive environmental impacts for predatory fish and birds which rely on Atlantic menhaden for forage.  The environmental benefits afforded by this modification would be increased significantly if future demands for fish meal and oil were to increase or if existing effort was shifted from the Chesapeake Bay, where most of the effort now exists, to the Atlantic Ocean.

The proposed amendments at N.J.A.C. 7:25-22.3 and 7:25-22.4 which recodify these sections as a result of deleting the current N.J.A.C. 7:25-22.2 will have no negative environmental impact.

 

Federal Standards Statement

          Executive Order No. 27 (1994) and N.J.S.A. 52:14B-1 et seq., require State agencies which adopt, readopt or amend State regulations that exceed Federal standards or requirements to include in the rulemaking document a comparison with Federal law.

          The proposed amendments to N.J.A.C. 7:25-14 regarding the management of blue crabs may be considered more stringent than Federal regulations due to the fact that blue crabs are not commonly taken in Federal waters and there are no Federal regulations regarding this species.  The management of blue crabs throughout the Atlantic coastal area is under the authority of the various states.  State regulation in this area is essential in order to protect, manage and conserve this State-specific resource.

          The proposed amendments to N.J.A.C. 7:25-14 regarding the management of lobsters have been designed to be in compliance with the ASMFC fishery management plan for lobsters.  The ASMFC is coordinating their efforts with the National Marine Fisheries Service and of this rule proposal will not be more stringent than Federal regulations, with one exception.  As part of the qualification criteria for all of the proposed new commercial lobster permits, the Department has required a certain amount of lobsters to be landed and sold in New Jersey.  This is consistent with N.J.A.C. 7:25-14.4 concerning the Delaware Bay crab dredge fishery; N.J.A.C. 7:25-18.14(l) and (p), concerning the commercial summer flounder and scup fisheries; and N.J.A.C. 7:25-18.16, concerning the horseshoe crab fishery.  The comparable Federal regulations will not stipulate the required landings in any particular state.  The Department believes, however, that the only way to reduce or maintain fishing effort within a given area is to restrict access to the area to those fishermen who have a harvest and participation history within that area.  To do otherwise would allow non-traditional participants to enter the local fishery, thereby increasing effort and correspondingly decreasing the proportion of a finite resource available to historic fishermen in the area.  This is consistent with the concepts endorsed by both the ASMFC and Federal plans in that those plans are based upon limiting effort in the lobster fishery.

          The proposed amendments at N.J.A.C. 7:25-18,1 and 18.12 regarding the management of dogfish are consistent with, but not more stringent than, Federal regulations.  The proposed amendments at N.J.A.C. 7:25-18.1 and 18.12 concerning the management of black drum and at N.J.A.C. 7:25-18.1 regarding the management of American eel may be considered more stringent than Federal regulations due to the fact that there are no Federal management initiatives for black drum or eel in Federal waters.  The New Jersey Marine Fisheries Council and the Department believe that State regulations for black drum and eel are essential in order to protect, conserve and manage this valuable resource.  The proposed amendments at N.J.A.C. 7:25-18.5 regarding the provision to allow the retention of six lobsters per person on board a fish pot vessel prior to requiring escape vents required for lobster pots is not more stringent than Federal regulations.

          The proposed additions to N.J.A.C. 7:25-18.12(a) regarding weakfish management maintain consistency with the ASMFC Weakfish Fishery Management Plan.  Although the proposed modification is only for clarification purposes, the provisions of the ASMFC plan are more restrictive than the Federal regulation.  Federal regulations, however, were designed to support the ASMFC’s weakfish management plan and recognize that regulations may vary between states and may be more stringent that Federal regulations.  In this regard they specify that Federal regulations do not preempt more restrictive State regulations or laws or the enforcement thereof.

          The proposed amendments at N.J.A.C. 7:25-18.12(c) regarding the management of the commercial tautog fishery maintain compliance with the ASMFC interstate fishery management plan, but may be considered more stringent than Federal regulations only because Federal fishery regulations do not address tautog.  The State must address management issues for this important resource or face the potential of a federally-imposed fishing moratorium for tautog in New Jersey.

          The provisions at N.J.A.C. 7:25-18.12(e), applicable to the commercial harvest of shad will keep New Jersey in compliance with Amendment 1 to the ASMFC management plan for shad.  These provisions may be deemed more stringent than Federal regulations because the vast majority of the shad fishery is within the territorial waters of the various Atlantic coastal states and there are no corresponding Federal regulations regarding the shad fishery.  State regulation in this area is essential, however, to protect, conserve and manage this nearshore resource.

          The provisions at N.J.A.C. 7:25-18.13 will allow New Jersey to remain in compliance with the ASMFC Interstate Plan for Striped Bass and therefore avoid any potential Federal moratorium associated with this plans.  These provisions are not more stringent than Federal regulations since all striped bass recreational fishing is located within the three mile limit and there is a moratorium for possession of striped bass in Federal waters.

          The proposed provisions at N.J.A.C. 7:25-14 concerning the commercial harvest of summer flounder, scup and black sea bass are designed to maintain consistency with the MAFMC and ASMFC coastwide management plans and will not be more stringent than Federal regulations.

          The proposed provisions regarding the inclusion of Atlantic croaker to the weakfish regulations are intended primarily to help protect sub-legal weakfish from being taken in a small mesh otter trawl fishery for Atlantic croaker.  Although Federal regulations do not address the harvest of Atlantic croaker, these provisions are required for the management and conservation of weakfish as addressed above.

          The proposed provisions at N.J.A.C. 7:25-18.16 concerning the management of horseshoe crabs are designed to be compatible with the ASMFC interstate management plan for horseshoe crabs, but may be considered more stringent than Federal regulations which do not currently address horseshoe crabs.  The Department has determined that regulations in this area are essential for the management, conservation and protection of both horseshoe crabs and highly migratory shorebirds.  The Federal government is proposing a large area off the mouth of the Delaware Bay where the harvest of horseshoe crabs will be prohibited.  State regulations will not be more stringent than the Federal proposal.

          The proposed provisions at N.J.A.C. 7:25-20 concerning the identification, important and transportation of aquatic organisms are designed to support an aquaculture industry and to protect wild resources and their habitat.  Federal regulations do not currently address these aquaculture issues.  The Department believes regulations in this area are essential to protect our natural resources while allowing for increased aquacultural activities.

The proposed amendments to N.J.A.C. 7:25-22.1 and 7:25-22.2 which prohibit the taking of Atlantic menhaden from the marine waters of the State by purse seine or any other method for fish meal reduction may be considered more stringent than Federal regulations since there are no Federal laws or regulations for the regulation of Atlantic Menhaden.  State regulation in this area is essential in order to prevent localized depletions of these forage fish and to eliminate social conflicts between commercial purse seine vessels and sportfishing activities.  All of the Atlantic coastal states regulate the reduction fishery for menhaden in some way.

Job Impacts

          The proposed amendments at N.J.A.C. 7:25-14 concerning the management of blue crabs may change fishing practices slightly by requiring blind crab pot lines to be marked at both ends and not to be placed in man-made lagoons or marked or charted channels.  These restrictions are similar to those for crab pots set in other ways.  There will be no job impact from the proposed provisions.

          The proposed amendments at N.J.A.C. 7:25-14 concerning the management of American lobsters may have jobs impacts.  The proposal would create one new recreational permit type and two new commercial permit types.  These permits have the potential to increase job opportunities in the New Jersey lobster pot fishery.

          The proposed amendments at N.J.A.C. 7:25-18.1 concerning American eel, dogfish, the sale of fish taken by recreational gear, the removal of the tail of a shark and the wanton waste of fish will not change current fishing practices and will not have any impact on jobs.

The proposed amendments at N.J.A.C. 7:25-18.5 regarding the deletion of outdated language in the delayed entry gill net program, the placement of miniature fykes, the threshold of lobsters in a fish pot fishery and limiting the use of a parallel net for specific species are designed for clarification purposes, to reduce gear conflicts or to conform more closely to traditional fishing practices and are not expected to have any job impacts.

The provisions at N.J.A.C. 7:25-18.12 and 18.14 regarding the clarification that weakfish daily trip limits during a closed season or by non-specified gear is a vessel limit and the addition of Atlantic croaker to otter trawl mesh size regulations are not expected to have any job impacts.  The proposed provisions may reduce the directed fishing effort for Atlantic croaker, but the additional protection for sub-legal weakfish and the benefits to the management of weakfish stocks should counteract any negative impacts.  Most vessels which fish for Atlantic croaker also participate in the larger and more valuable weakfish fishery.

The proposed provisions at N.J.A.C. 7:25-18.12(e), applicable to the commercial harvest of shad are compatible with the coastwide plan, which is intended to increase stock sizes over time.  Long-term job opportunities should be enhanced in the service industries for the shad recreational fishery if stocks of shad increase as expected from changes to coastwide regulations.  There may alsol be a positive impact in that commercial fishermen will be more likely to hold jobs due to the increase in harvest.

The proposed provisions at N.J.A.C. 7:25-18.1 and 18.12 regarding the recreational and commercial fisheries for black drum are meant to manage the resource while it is healthy and to protect the traditional fisheries.  These provisions should result in long-term stability in job opportunities in these fisheries.

The proposed provisions at N.J.A.C. 7:25-18.12(g) regarding the commercial fishery for spiny dogfish are compatible with the coastwide plan and are intended to restore stocks over time.  This may lead to stable or increasing job opportunities as the spiny dogfish stocks respond to management efforts.

The provisions at N.J.A.C. 7:25-18.13, applicable to the Striped Bass Bonus Program are compatible with the coastwide plan, which is intended to maintain stock size of the species over time.  Long-term job opportunities should be stable in the service industries for the striped bass recreational fishery if stocks are maintained as expected.

The provisions at N.J.A.C. 7:25-14 concerning the commercial fisheries for summer flounder, scup and black sea bass are all intended to improve quota management systems to reduce the potential for seasonal or annual overharvest and as part of a coastwide plan to increase stock size over time.  These provisions should provide for more stability in the fishery and possibly increase job opportunities over time as stock sizes increase.

The provisions at N.J.A.C. 7:25-18.16 regarding the management of horseshoe crabs is compatible with the coastwide plan, will not decrease landings from 1999 and are not expected to have any immediate job impacts.  If stock size increases over time due to the current management regime, there may be some increase in harvest allocation and, consequently, in job opportunities.

The provisions at N.J.A.C. 7:25-20 regarding the identification, importation and transportation of the products of commercial aquaculture are meant to reduce regulatory impediments to the development of an aquaculture industry and to protect natural wild stocks and their habitat.  The provisions to exempt aquaculture products from certain sale prohibitions or restrictions is anticipated to improve job opportunities for aquaculturists.  The proposed provisions regarding importation permits, marking requirements and record keeping are meant to protect the natural wild stocks and those fishermen and service industries reliant upon wild harvest.  These provisions should help avoid negative impacts from aquaculture activities and maintain current job opportunities.

The proposed amendments to N.J.A.C. 7:25-22.1 and 7:25-22.2 which prohibit the taking of Atlantic menhaden from the marine waters of the State by purse seine or any other method for fish meal reduction should not result in the loss of any jobs in the Atlantic menhaden industry.  For the last three years, the amount of Atlantic menhaden taken by purse sine for fish meal reduction in New Jersey marine waters has averaged only 2% of the total amount of Atlantic menhaden taken for fish meal reduction along the Atlantic coast.  Any reduction in harvesting capabilities from New Jersey waters may be able to be replaced with increased fishing effort in Federal waters adjacent to New Jersey.

The proposed amendments at N.J.A.C. 7:25-22.3 and 7:25-22.4 which recodify these sections as a result of deleting the current N.J.A.C. 7:25-22.2 is an administrative change and will have no job impact.

 

Agriculture Industry Impact

          Pursuant to P.L. 1998, c. 48, adopted on July 2, 1998, the Department has evaluated this rulemaking to determine the nature and extent of the proposed amendments’ and new rules’ impact on the agriculture industry.  The proposed amendments and new rules concerning various marine fisheries provisions at N.J.A.C. 7:25-14.1, 14.6, 14.14, 14.16, 14.19, 18.1, 18.5, 18.12, 18.13, 18.16, and 22.3 will have no impact upon the agriculture industry.

          The proposed regulations at N.J.A.C. 7:25-20 regarding the identification, importation and transportation of products of commercial aquaculture will have positive impacts on the agriculture industry.  Pursuant to P.L. 1997, c. 237, the products of aquaculture are considered to be agricultural crops or animals.  As such, the provisions to allow aquatic organisms which are the products of commercial aquaculture to be exempted from possession or sale restrictions which apply to wild caught organisms of the same species should benefit the aquaculture industry.  Proposed provisions regarding importation permits, record keeping and marking requirements on certain organisms are required for the protection of the natural wild stocks and the much more valuable commercial and recreational fishing industries dependent upon wild harvest. As more fully discussed in the Social and Economic Impact Statements above, some of these provisions will have some time requirements and costs involved with them. The reduction of regulatory impediments to marketing and the protection of both the aquaculture industry and wild stocks from controlling importation are, however, anticipated to provide an overall positive impact on the agriculture industry.

 

Regulatory Flexibility Analysis

          The proposed amendments and new rules apply to recreational fishermen and party and charter boat operators fishing for American eel, black drum and striped bass, commercial fishermen fishing for blue crabs, lobster, shad, scup, black sea bass, summer flounder, tautog, black drum, dogfish, shad, weakfish, American croaker, horseshoe crabs and menhaden and those individuals involved in aquaculture.  Most of the commercial fishermen, aquaculturists and charter and party boat operators qualify as small businesses under the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.

          The requirement for applicants for shad, tautog or lobster permits to provide a copy of landings documentation with their application should involve minimal costs or time.  The requirement for fishermen and dealers involved in the spiny dogfish fishery to obtain NMFS vessel or dealer permits may involve some additional paperwork, but most of these fishermen or dealers already have the required permits.  The creation of new permit opportunities for lobster pot fishermen will create some additional permit application paperwork.  The permit application is a one-time requirement and has no associated cost.  The provision requiring weekly telephone reporting of landings by horseshoe crab harvesters will take a minimal amount of time each week and will entail some costs for telephone time.  None of the above activities will require professional services and should require a minimal amount of time.

          Provisions at N.J.A.C. 7:25-20 concerning the identification, transportation and importation of aquacultured products will require record keeping and will require annual reporting of importation activities.  Every person involved in the buying, storing or processing of marine resources is currently required, pursuant to N.J.S.A. 23:2B-9, to maintain accurate records.  The proposed subchapter also requires an annual permit for the importation of non-exempted aquatic organisms for the purpose of aquaculture or for the placement in the waters of the State.  Such an application will be on forms provided by the Division and have no associated costs.  The above activities will not require professional services and should require only a minimal amount of time.

          The aquaculture provisions also require certain organisms to be marked in a manner approved by the Division.  Depending upon the marking technique chosen, such as tagging or fin-clipping, there will be costs involved.  If the aquaculturist wishes to use a marking method not already approved, he or she may apply for approval of a method that may be more appropriate to his or her needs.  The costs and/or time involved with these activities will vary with the size of the aquaculture operation and method chosen, but are only required if the aquaculturist is interested in selling a product which would not be permitted if it were a wild caught organism. 

          If an aquaculturist desired to import a species which does not occur within New Jersey’s waters or which has been genetically altered or hybridized and which has not already been approved for culture within similar areas and by similar methods in New Jersey, an environmental impact statement may be required as part of the importation permit application process.  The development of an environmental impact statement may require professional services depending upon the organism involved and the applicant’s knowledge of the organism and its potential interaction with other organisms in New Jersey’s environment. The need for an applicant to prepare an environmental impact statement is not anticipated to occur frequently.

          In developing these amendments the Department has balanced the need to protect and enhance the fishery resources against the economic impact of the amendments and has determined that exempting small businesses from this rulemaking would endanger the achievement of the NMFS, MAFMC and ASMFC fishery management plans, the health of the fishery resources and the long-term public welfare.  Therefore, no exemption can be provided for small businesses.

 

     Full Text of the proposal follows (additions to proposal indicated in boldface thus; deletions from proposal indicated in brackets [thus]):

 

N.J.A.C.  7:25-14.1  Definitions

          The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

“Blind crab pot line” means a length of submerged line to which crab pots are attached.

          …

 

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

          (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 flourescent 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)           (No change.)

(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 N.J.A.C. 7:25-14.1.

(d)-(e)          (No change.)

 

7:25-14.14    Lobster possession limits

American lobster taken by otter trawl 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 , fish pot or any gear or methods other than otter trawl, lobster pot or lobster  trap shall be limited to six lobsters per person in possession or taken in any one calendar day.

 

7:25-14.16    Eligibility for lobster pot permit and pot allocation

          (a)   As of March 31, 2001 a person shall not take and a vessel shall not land lobster harvested by a lobster pot unless such person is in the possession of a valid New Jersey lobster pot license and such vessel is in the possession of a valid New Jersey Lobster Pot Permit issued in the name of the vessel and owner.

1. To be eligible for a Lobster Pot Permit allowing the use or possession in Federal and/or State waters of an allotted number of lobster pots as defined under N.J.A.C. 7:25-18.5(g)11, a complete application including the required documentation must be received by the Department no later than December 31, 2001.  Applications may be mailed to:

New Jersey Lobster Pot Permit

Nacote Creek Research Station

P.O. Box 418

Port Republic, NJ 08241

i.-ii     (No change.)

iii.  For a Type C Lobster Pot Permit, the applicant shall document that the vessel owner has possessed a valid New Jersey Lobster/Fish Pot License in any one calendar year during the period from January 1, 1980 to September 3, 1998 and landed and sold a minimum of 2,000 pounds of lobster in New Jersey during the year of the valid New Jersey Lobster and Fish Pot License submitted by the applicant.

          (1)      (No change.)

         (2) An applicant seeking eligibility for a Type C New Jersey Lobster Pot Permit and pot allocation shall not have received or applied for pot or trap tags from any other lobster pot or trap tag issuing jurisdiction.

iv. For a Type D Recreational Pot Permit, the applicant must purchase a New Jersey Lobster or Fish Pot License.

         (1) A Type D Recreational Lobster Pot permittee shall receive an allocation for 10 lobster pots to be fished in State waters only and limited to six lobsters per person per day.

         (A) Lobsters taken under provisions of a Type D Recreational Pot Permit may not be sold, offered for sale or used for barter.

         (B) An applicant for a Type D Recreational Pot Permit will be exempt from qualifying criteria and application deadline as established under 7:25-14.16-(a)1 through 11.

v. For a Type E Lobster Pot Permit, the applicant shall document that the vessel owner possesses a valid 2000 Federal Lobster Permit, landed and sold a minimum of 500 pounds of lobster in New Jersey in any one calendar year during the period from January 1, 1980 to September 3, 1998, and participated in the harvest of lobster by otter trawl, pursuant to (a)5 below, during the year of documented landings submitted by the applicant.

(1) A Type E Lobster Pot Permittee shall receive an allocation for 500 lobster pots to be fished in Federal and/or State waters.

vi. For a Type F Lobster Pot Permit, the applicant shall document that the vessel owner possesses a valid 2000 Federal Lobster Permit, landed and sold a minimum of 2,000 pounds of lobster in New Jersey in any one calendar year during the period from September 3, 1998 to December 31, 2000 and participated in the harvest of lobster by lobster pot pursuant to N.J.A.C. 7:25-14.16(a)4 during the year of documented landings submitted by the applicant.

(1) A Type F Lobster Pot Permittee shall receive a lobster pot allocation based on the remaining New Jersey lobster pot allocation as established by the ASMFC Lobster Management Board after the Type A, B, C and E Lobster Permit allocations have been established.  The pot allocation for the Type E lobster permit will not exceed 800 pots to be fished in Federal and/or State waters and may be divided equally among the qualified applicants so that New Jersey will not exceed the ASMFC’s established lobster pot allocation of 156,000 pots.

2.-4.   (No change.)

5.   Documented proof of participation in the lobster otter trawl fishery shall be established through one or more of the following:

i. Federal logbook reporting forms identifying the vessel, fishing gear and date of landings in New Jersey;

ii. A copy of New Jersey license to fish with an otter trawl that can be confirmed by State records.

         [5.] 6.  Other documentation similar to that in (a)3 and 4 and 5 above may be accepted at the discretion of the Commissioner after his or her review.

         Recodify existing 6.-10. as 7.-11.  (No change in text.)

 

7:25-14.19    Administrative notice

         The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify minimum size limits, pot and trap limits, trip limits and possession limits in this section by notice in order to maintain compliance with any fishery management plan approved by the Atlantic States Marine Fisheries Commission pursuant to 16 U.S.C. § 5104(b).  The Department shall publish notice of any such modification by filing and publishing a notice of administrative change in the New Jersey Register and a notice in the Division’s commercial regulation publication.  All such notices shall be effective when the Department files the notice with the Office of Administrative Law or as specified otherwise in the notice.

 

7:25-18.1     Size, season and possession limits

(a) For the purpose of this subchapter, the following common names shall mean the following scientific names(s) for a species or a group of species, except as otherwise specified elsewhere in this subchapter.

Common Name                  Scientific Name

…                                      …

Smooth Dogfish               Mustelus canis

 

…                                      …                 

Spiny Dogfish                  Squalus acanthias

…                                      …                 

(b)  A person shall not purchase, sell, offer for sale, or expose for sale any species listed below less than the minimum length, measured in inches, except as may be modified elsewhere in this subchapter, and subject to the specific provisions of any such section.  Any commercially licensed vessel or person shall be presumed to possess the following species for sale purposes and shall comply with the minimum size below.  Species harvested by hand line, rod and line, bait net or spearfishing which are purchased, offered for sale, exposed for sale or sold, shall not be less than the greater length provided by either this section or (c) below, except as may be provided elsewhere in this subchapter, and subject to the specific provisions of any such section.  Fish length shall be measured from the tip of the snout to the tip of the tail (total length), except as noted below.

Species                                       Minimum Size (inches)

  …                                                     …                                         21

Black Drum                                           [No Limit] 16

  …                                                     …          

                                       

          1.-3.        (No change.)

(c)  A person angling with a hand line or with rod and line or using a bait net or spearfishing shall not have in his or her possession any species listed below less than the minimum length, nor shall such person take in any one day or possess more than the possession limit as provided below, nor shall such person possess any species listed below during the closed season for that species.  Exceptions to this section as may be provided elsewhere in this subchapter, and shall be subject to the specific provisions of any such section.  Fish length shall be measured from the tip of the snout to the tip of the tail (total length), except as noted below:

                    Minimum Size

Species                   in Inches                 Open Season Possession Limit

American Eel                                         Jan 1-Dec 31               [No Limit]  50

…                              …                          …                                 …

 

Black Drum             [No Limit] 16            Jan 1-Dec 31               [No Limit] 3

…                  …                       …               …

 

1.-2.   (No change.)

3.       Anglers may take no more than 50 eels per day, however, anglers may keep more than 50 eels in storage for personal use, provided they possess no more than 50 eels per person for bait purposes while fishing.

(d)      (No change.)

(e)  Except as provided in (f) below, a person shall not remove the head, tail or skin, or otherwise mutilate to the extent that its length or species cannot be determined, any species with a minimum size limit specified at (b) or (c) above or any other species of flatfish, or possess such mutilated fish, except after fishing has ceased and such species have been landed to any ramp, pier, wharf or dock or other shore feature where it may be inspected for compliance with the appropriate size limit.

1.  A shark may be eviscerated and the head and tail removed prior to landing, provided that the alternate length as measured from the origin of the first dorsal fin to the precaudal pit (located just forward of the origin of the upper lobe of the caudal or tail fin) is not less than 23 inches in length.  The fins may not be removed from a shark or dogfish, except after fishing has ceased and such shark or dogfish has been landed as specified in (c) above.

(f) Special provisions applicable to a Special Fillet Permit are as follows:

1. A party boat owner may apply to the Commissioner for a permit for a specific vessel, known as a Special Fillet Permit to fillet species specified at [(b)] (c) above at sea;

2. For the purposes of this section, party boats are defined as vessels that can accommodate 15 or more passengers as indicated on the Certificate of Inspection issued by the United States Coast Guard for daily hire for the purpose of recreational fishing;

3. The Special Fillet Permit shall be subject to the following conditions:

i.  Once fishing commences, no parts or carcasses of any species specified in [(b)] (c) above and no flatfish parts or carcasses shall be discarded overboard; of the species specified at [(b)] (c) above, only whole live fish may be returned to the water;

ii.  No carcasses of any flatfish or species listed at [(b)] (c) above shall be mutilated to the extent that its length or species cannot be determined;

iii.  All fish carcasses of species specified at [(b)] (c) above shall be retained until such time as the vessel has docked and been secured at the end of the fishing trip adequate to provide a law enforcement officer access to inspect the vessel and catch;

iv.       (No change.)

v.  No fillet of any species listed below shall have the skin removed and no fillet shall be less than the minimum length in inches specified below.

Species                            Minimum Fillet or Part Length

…                                           …  

 

Black Drum                       [No Limit] 9 inches  

…                                                       …

vi.-vii. (No change.)

(g)-(h)          (No change.)

      (i)  [Except for the products of commercial aquaculture, no person shall take from the marine waters in this State or have in his or her possession while on or angling in the marine waters of this State any striped bass hybrids, being hybrids of the Morone genus, less than the striped bass minimum size limits established pursuant to N.J.S.A. 23:5-45.1.]

Exceptions to this subchapter for the products of commercial aquaculture may be provided in N.J.A.C. 7:25-20, Aquaculture, and shall be subject to the specific provisions of any such section.

[1.  For the purposes of this section, commercial aquaculture shall mean the culture or husbandry of striped bass hybrids in non-wild systems for the purpose of egg and larval production and/or of  increasing size.

2.  For the purposes of this section, parents of striped bass hybrids shall include Morone saxatiles (striped bass), M. chrysops (white bass), M. americana (white perch), and M. mississippienis (yellow bass).]

(j)  Except for striped bass hybrids that are the products of commercial aquaculture, a person shall not possess more than the possession limit or less than the minimum size limits established pursuant to N.J.S.A. 23:5-45.1, whether striped bass or striped bass hybrid, while on or angling in the marine waters of this state.

(k)      (No change.)

     (l)   All striped bass hybrids which are the products of commercial aquaculture shall be accompanied by accurate and dated documentation [of quantity, original description and destination] as required pursuant to N.J.A.C. 7:25-20.2(b).

(m)    Wanton waste of fish prohibited.

1.  Fish of any species, taken by any means, which are purposely killed shall become part of the fisherman’s daily possession limit and must be removed from the waters from which they were taken and from adjacent lands.  This section shall not apply to those fish which are released while still alive and subsequently die or to those fish taken inadvertently by net (bycatch) and subsequently die.

Recodify (m)-(p) as (o)-(q)          (No change in text.)

 

N.J.A.C. 7:25-18.5   General net regulations

(a)-(f)           (No change.)

          (g)  Individuals intending to take fish with a net in the marine waters of this State pursuant to N.J.S.A. 23:5-24.2 shall, as required, apply to the Commissioner for a license and/or permit.  To be eligible to purchase a [1992] license for a drifting, staked or anchored gill net the applicant shall have purchased a gill net license [during 1990 or 1991 or a 1992 license prior to May 1, 1992 or provide documented proof of active military service within one year of application.] in one of the two previous years.  An applicant who does not meet the above requirements shall file an application, in person, with the Department in each of two consecutive years.  Such an applicant shall be eligible for gill net licenses in the following calendar year.  [Beginning in the license year (January 1-December 31) 1993, an applicant for a gill net license shall have possessed a gill net license in one of the two previous years.]  Failure to purchase a gill net license in one of the prior two years shall subject the applicant to the two year waiting period described above.  Availability of Delaware Bay Gill Net Permits shall be determined pursuant to N.J.A.C. 7:25-18.6 through 18.11.  Upon receipt of the application, and the prescribed license fee, the Commissioner may, in his or her discretion, issue single season licenses and/or permits as specified for each net type for the taking of fish with nets only as follows:

1.-2.   (No change.)

          3.  Miniature fykes or pots shall only be used for the taking of catfish, suckers, killifish (Cyprinodontidae) and eels.  The mesh of this net type shall be no smaller than three sixteenth inches bar, inside measurement.  This net type shall not have leaders or wings and shall not exceed 16 inches in diameter if cylindrical or 201 square inches in cross section if any other configuration in any of the marine waters of this State.

i.-iii.   (No change.)

iv.   No miniature fyke or pot shall be placed in any man-made lagoon or in any marked or charted channel except noncommercial pots or miniature fykes fastened to a pier or other shore connected structure by a line no longer than twice the depth of the water at that point.

4.-8.   (No change.)

9.       Parallel net [which] may be used [for all species except those specifically protected] to take carp, catfish and suckers only and shall be used only in Delaware Bay and its tributaries.  Parallel nets shall have a mesh not smaller than 3.5 inches stretched and not exceed 100 fathoms in length.  They shall be set approximately parallel to the shore and only at the low water mark.  No net shall be set across any tributary or mouth of any tributary, nor shall any net be set in a manner that impedes navigation.

i.-ii.    (No change.)

10.  (No change.)

11.  Lobster or fish pots may be used for the taking of all species except those specifically protected and shall be used only in the Atlantic Ocean, Delaware Bay, Raritan Bay and Sandy Hook Bay except as provided in (g)11viii below.

i.-v.    (No change.)

vi.  All lobster and fish pots shall be constructed to include one of the following escape vents in the parlor section of the pot located in such a manner that it would not be blocked or obstructed in normal use by any portion of the pot, associated gear, or the sea floor:

(1)  In a fishery in which the possession of lobster on board a vessel or landed from a vessel [occurs] exceeds six (6) lobster per person the escape vent(s) shall be not less than:

(A)-(B)         (No change.)

(2)-(3)          (No change.)

vii.-x.  (No change.)

                    12.     (No change.)

(h)-(i)           (No change.)

 

7:25-18.12    Commercial fishing seasons and quotas

(a)      The following provisions are applicable to the commercial harvest of weakfish:

1.       A [person]  vessel shall not possess or land in any one day more than 150 pounds of weakfish harvested by the gear specified below except during the respective open season specified below or as modified by the Commissioner pursuant to (f) below.

Gear                                 Open Season

Otter Trawl              January 1 through July 31 and

                                        October 13 through December 31

 

Pound Net                         January 1 through June 6 and

                                        July 1 through December 31

 

Gill Net                             January 1 through May 20,

                                        September 3 through October 19 and

                                        October 27 through December 31

2.               (No change.)

3.               A [person]  vessel shall not possess or land by any gear other than that specified in (a)1 above more than 150 pounds of weakfish in any one day.

4.-5.   (No change.)

(b)      (No change.)

(c)            The following provisions are applicable to the commercial harvest of tautog:

1.               (No change.)

2.               A vessel shall not land more than 100 pounds of tautog in New Jersey on any one trip, after January 1, 1997 unless said vessel is in possession of its valid New Jersey Tautog Permit to participate in a directed fishery for tautog.  The permit shall be issued in the name of the vessel and the owner, and for the specific gear type(s) used to qualify for the permit. 

i.                 (No change.)

ii.               To be eligible for a New Jersey Tautog permit, the vessel’s owner shall meet the following criteria:

(1)           The vessel shall have landed [and sold] at least 1,000 pounds of tautog in New Jersey and subsequently sold at least 1,000 pounds of tautog in each of two years during the period 1982 through 1993;

(2)      Documented proof of landings, shall accompany the application and shall consist of one or more of the following:

(A)           (No change.)

(B)           A notarized statement, from the applicant and the purchaser(s), attesting to the weight harvested (a copy of the business records supporting the statement(s) must accompany the application) [(records must be verifiable based upon inspection of the purchaser’s business records)]; or

(C)           (No change.)

3.-4.   (No change.)

5.               A New Jersey Non-Directed Fishery Tautog Permit shall be issued in the name of the vessel and the owner, and for the specific gear type(s) used to qualify for the permit.

i.                 (No change.)

ii.               To be eligible for a New Jersey Non-Directed Fishery Tautog Permit, the vessel’s owner shall meet the following criteria:

(1)           The vessel or owner shall have landed [and sold]at least 100 pounds of tautog in New Jersey and subsequently sold at least 100 pounds of tautog in each of two years during the period 1982 through 1997.  [Documented proof of landings shall consist of one or more of the following:]

(2)  Documented proof of landings shall accompany the application and shall consist of one or more of the following

(A)           (No change.)

(B)           A notarized statement, from the applicant and the purchaser(s), attesting to the weight harvest (a copy of the business records supporting the statement(s) must accompany the application) [(records must be verifiable based upon inspection of the purchaser’s business records)]; or

(C)           (No change.)

6.-10. (No change.)

11.           The annual tautog harvest quota for New Jersey shall be 103,000 pounds or as modified by the Commissioner pursuant to [(f)] (i) below.  All landings of tautog in New Jersey shall be applied to the New Jersey annual tautog quota.

i.-vii.   (No change.)

12.           Any person violating the provisions of this section shall be subject to the penalties prescribed in N.J.S.A. 23:2B-14 in addition to the following:

i.                 (No change.)

ii.               Falsification or misrepresentation of any information on the application including documentation provided to verify the amount of tautog landed as specified in (c)2ii(2) and (c)5ii(1) above shall result in the denial or revocation of the permit in addition to any civil or criminal penalties prescribed by law.

iii.             (No change.)

iv.             (No change.)

(d)           (No change.)

(e)            The following provisions are applicable to the commercial harvest of shad:

1.       An individual shall not take or attempt to take, possess or land any shad in the State, without a valid Shad Commercial Net Permit or a Shad Incidental Harvest Permit issued by the Department except as provided in i. below.  No person shall harvest or possess more than [150] 300 pounds of shad per day without a Shad Commercial Net Permit.

i.        An individual may possess the recreational possession limit for shad as established in N.J.A.C. 7:25-18.1(c) provided that the shad are taken by hook and line only and are not sold, offered for sale, or exposed for sale.

2.  To qualify for a Shad Commercial Net Permit, an applicant shall meet the following criteria:

i.-ii.    (No change.)

iii.             Documented proof of landings shall be one of the following:

(1)           (No change.)

(2)           Notarized statement(s) of the wholesaler(s) that the wholesaler’s records establish that the applicant sold at least 3,000 pounds of shad in each of three calendar years during the period from 1994 through 1998 inclusive.  [and that such records are]  A copy of the business records supporting the statement(s) must accompany the application and the original business records must be made available for inspection by the Department; or

3.-4. (No change.)

5.       A Shad Incidental Harvest Permit shall be issued to qualifying applicants which will allow the harvest or possession of not more than [150] 300 pounds of shad per day.  To qualify for a Shad Incidental Harvest Permit, an application shall comply with the following provisions:

i.                 (No change.)

ii.               The applicant shall submit documented proof establishing that the applicant landed at least 150 pounds of shad in each of three calendar years [-]  during the period from 1994 through 1998 inclusive;

iii.             Documented proof shall be one of the following:

(1)           (No change.)

(2)           Notarized statement(s) of the wholesaler(s) that the wholesaler’s records establish that the applicant sold at least 150 pounds of shad during each of three calendar years during the period from 1994 through 1998 inclusive [and that such records are available for inspection by the Department].  A copy of the business records supporting the statement(s) must accompany the application;

(3)           (No change.)

iv.             (No change.)

6.-13. (No change.)

(f)    The following provisions are applicable to the commercial harvest of black drum:

1.              A vessel shall not possess or land by any gear more than 15,000 pounds of black drum in any one day;

2.              A dealer shall not accept from a vessel or person more than 15,000 pounds of black drum a day landed in New Jersey;

3.              The annual black drum harvest quota for New Jersey shall be 75,000 pounds or as modified by the Commissioner pursuant to (i) below; and

4.              The Commissioner, or his or her designee, may close the season upon two days public notice of the projected date the quota shall be landed.  Such notice shall be sent by first class mail to all commercial docks and commercial fishing organizations on the mailing list of the Division of Fish and Wildlife.

(g)   The following provisions are applicable to the commercial harvest of spiny dogfish:

1.              A person or vessel shall not possess for sale any spiny dogfish nor shall a person sell or attempt to sell spiny dogfish without a valid annual vessel permit for spiny dogfish issued by the National Marine Fisheries Service.

2.              A dealer shall not purchase or receive spiny dogfish without a valid annual dealer permit for spiny dogfish issued by the National Marine Fisheries Service.

3.              No person or vessel shall have in possession or land and no dealer shall accept from any one vessel more than the daily trip limit set by the National Marine Fisheries Service or the Atlantic State Marine Fisheries Commission.

4.               Any closure of the spiny dogfish fishery by the National Marine Fisheries Service in adjacent Federal waters or recommended closure by the Atlantic States Marine Fisheries Commission for areas including New Jersey automatically closes New Jersey waters to the harvest of spiny dogfish and to the commercial landings of spiny dogfish.

Recodify (f)-(g) as (h)-(i)   (No change in text.)

 

7:25-18.13    Striped bass bonus program

(a)-(d)          (No change.)

(e)      Successful applicants will receive two color-coded, non-transferable fish possession cards.  One card shall be filled out completely and the month and day numbers perforated immediately upon retention of bonus fish.  A finite number of cards shall be available to participating party and charter boat captains in the name of the vessel owner.

(f)-(n) (No change.)

Any person violating the striped bass size or possession limits as provided for in N.J.S.A. 23:5-45.1, or this section shall be liable for penalty of $100.00 per fish for the first offense and a penalty of $200.00 per fish for each subsequent offense.  In addition, any person violating any provision of this section shall be subject to revocation, applicable to both the vessel and the owner, from the Striped Bass Bonus Program. Revocation would render the vessel and the owner ineligible for participation in the program regardless of vessel ownership. Any fish possession cards in such person’s possession shall be invalid and shall be returned to the Division upon such person’s receipt of notification of such revocation.  Failure to return the cards upon notification shall subject the violator to penalties prescribed pursuant to N.J.S.A. 23:2B-14.

p.       The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify the size limit, bag limit, season and/or quota specified in this section, by notice in order to maintain and/or to come into compliance with any fishery management plan approved by the Atlantic States Marine Fisheries Commission pursuant to 16 U.S.C. § 5104(b).  The Department shall publish notice of any such notice in the Division’s Fish and Wildlife Digest publication and the New Jersey Register.

 

 

7:25-18.14    Otter and beam trawls

(a)-(k)          (No change.)

(l)             Special provisions applicable to the commercial harvest of summer flounder are as follows:

1.-3.   (No change.)

4.               A vessel shall not land more than 100 pounds of summer flounder during the period of May 1 through October 31 or more than 200 pounds of summer flounder during the period of November 1 through April 30 in New Jersey on any one trip unless said vessel is in possession of a valid New Jersey Summer Flounder Permit to participate in the directed fishery for summer flounder.  Vessels fishing under the special terms of a quota transfer or combination program as provided in (l)6 below may be exempt from this requirement if such terms specify that a New Jersey Summer Flounder Permit is not necessary to land summer flounder in New Jersey.  The permit shall be issued in the name of the vessel and the owner and for the specific gear type(s) used to qualify for the permit.

i.-iv.   (No change.)

v.               A vessel that does not possess a New Jersey Summer Flounder Permit shall be permitted to land not more than 100 pounds of summer flounder during the period of May 1 through October 31, or not more than 200 pounds of summer flounder during the period of November 1 through April 30 on any trip provided the amount of summer flounder landed from any vessel shall not exceed 10 percent, by weight, of the total weight of all species landed and sold, except that vessels taking summer flounder by angling or hook and line shall be subject to the possession limits established in N.J.A.C. 7:25-18.1.

5.       The annual summer flounder harvest quota for New Jersey shall be determined by the Mid Atlantic Fishery Management Council as implemented by the National Marine Fisheries Service.  All landings of summer flounder in New Jersey shall be applied to the New Jersey annual summer flounder quota unless New Jersey enters into an agreement with another state(s) to transfer or combine summer flounder commercial quotas, as provided for pursuant to (l)6 below and such agreement indicates otherwise.

i.                 (No change.)

ii.               The balance of the New Jersey annual quota for the summer flounder fishery remaining after deducting the by-catch allowance specified in (l)5i above shall be divided into seasons, daily trip limits and number of allowable landing days in each week (Sunday through Saturday) as follows:

(1)           January-February:  28 percent [and a], 7,500 pound trip limit and a maximum of two days a week that a vessel may land summer flounder.

(2)-(6)          (No change.)

(7)    Any daily landing of summer flounder not exceeding 100 pounds during the period of May 1 through October 31 or 200 pounds during the period November 1 through April 30 shall not be applied to maximum weekly landing days during any season as specified in (1) through (6) above, provided the amount of summer flounder landed from any vessel shall not exceed 10 percent, by weight, of the total weight of all species landed and sold.

iii.-v.   (No change.)

vi.             The Commissioner, or his or her designee, shall close the season for the directed and/or by-catch commercial summer flounder fishing season upon [four] two days public notice of the projected date the season quota shall be caught.  Public notice shall include letters by first class mail to all permitted New Jersey Summer Flounder Dealers and New Jersey Summer Flounder Permit holders.

vii.-xiii.         (No change.)

6.-8.   (No change.)

9.               No vessel shall land and no dealer shall accept any summer flounder which have been frozen, filleted or processed in any way.  Only whole, fresh summer flounder may be landed, except that by-catch amounts of summer flounder as specified in (l)1. and 4. above may be landed frozen provided that each fish is individually frozen whole and can be individually weighed and measured without thawing.

10.           (No change.)

11.           All permitted New Jersey Summer Flounder Dealers shall provide daily reports during the period January 1 through February 28 and weekly reports during the period March 1 through December 31 to the Division listing the amount of summer flounder landed on a daily basis by size category and any other information that may be required by the Commissioner or as a result of an agreement with other states pursuant to (l)6 above.  Such report shall be faxed to the Division at [609-984-1408] the number specified by the Division not later than 10:00 A.M. on the following day for daily reports and 12:01 P.M. on Monday following the week’s end for weekly reports or sent by any other method approved by the Department.  For the purpose of this provision, the week shall begin on Sunday and end on Saturday.

12.           (No change.)

(m)     Special provisions applicable to a directed weakfish or Atlantic croaker fishery are as follows:

1.               The possession of more than 100 pounds of weakfish or Atlantic croaker on board a vessel or landed from a vessel shall constitute a directed fishery for weakfish or Atlantic croaker.

2.               (No change.)

3.               A person utilizing a beam or otter trawl in a directed fishery for weakfish or Atlantic croaker shall not use a net of less than 3.75 inches stretched diamond mesh or 3.375 inches stretched square mesh, inside measurement, applied throughout the cod end for at least 75 continuous meshes forward of the terminus of the net.  The possession of any net less than the minimum mesh specified above in this paragraph on board any vessel in a directed fishery for weakfish or Atlantic croaker is prohibited.

4.               (No change.)

(n)-(o)  (No change.)

(p)           Special provisions applicable to a directed scup fishery are as follows:

1.-3.   (No change.)

4.       Annual coastwide scup quotas and daily trip limits for the periods of January 1 through April 30 and November 1 through December 31, and an annual New Jersey scup quota for the period from May 1 through October 31 shall be determined by the Mid-Atlantic Fishery Management Council as implemented by the National Marine Fisheries Service or determined by the Atlantic States Marine Fisheries Commission.  All landings of scup in New Jersey during the period from May 1 through October 31 shall be applied to the New Jersey scup quota.

i.                 Any closure of the scup fishery by the National Marine Fisheries Service [or the Atlantic States Marine Fisheries Commission] in adjacent Federal waters or any closure which includes New Jersey marine waters during the periods January 1 through April 30 and November 1 through December 31 would automatically close New Jersey to commercial landings of scup.

ii.       [The daily trip limit for scup shall be 500 pounds from November 1 through December 31 and shall be reduced to 200 pounds when 50 percent of the quota is projected to be caught.]  The Commissioner, or his or her designee, shall implement annual and seasonal scup quotas and daily trip limits as determined by the Atlantic States Marine Fisheries Council upon four days public notice.

[ii.] iii.   The Commissioner, or his or her designee, shall close the season for the commercial scup fishery upon four days public notice of the projected date the New Jersey seasonal quota shall be caught.

Recodify iii.-vi. As iv.-vii.  (No change in text.)

5.               No vessel shall have in possession or land and no dealer shall accept from any one vessel more than the daily trip limit set by the National Marine Fisheries Service or the Atlantic States Marine Fisheries Commission for the seasons of January 1 through April 30 and November 1 through December 31 and no vessel shall have in possession or land and no dealer shall accept from any one vessel more than the daily trip limit of 1,000 pounds of scup during the season of May 1 through October 31 or as provided for in (p)5i below.

i.                 (No change.)

6.               (No change.)

7.               A harvester or vessel shall not land scup for the purpose of sale or sell any scup unless such harvester or vessel is in the possession of a valid [New Jersey Scup Permit or a valid] scup moratorium permit issued by the National Marine Fisheries Service.

[i.       Applicants for a New Jersey Scup Permit shall compete an application provided by the Department including information on name, address, vessel name, vessel documentation number or registration number, gear type and landing criteria as specified in (p)7ii below:

ii.               To be eligible for a New Jersey Scup Permit, the vessel’s owner shall meet the following criteria:

(1)           The vessel shall have landed and sold at least 1,000 pounds of scup in New Jersey during the period from January 1, 1993 through December 31, 1996;

(2)           Documented proof of landings shall consist of one or more of the following:

(A)           Weight-out slips totaling the weight harvested;

(B)           A notarized statement from the applicant and the purchaser(s), attesting to the weight harvested (records must be verifiable based upon inspection of the purchaser’s business records); and/or

(C)           Other documentation similar to that in (p)7ii(2)(A) or (B) above may be accepted at the discretion of the Commissioner after his or her review.

iii.             Completed applications should be submitted to:

New Jersey Scup Permit

Nacote Creek Research Station

P.O. Box 418

Port Republic, NJ 08240418

iv.             Applications submitted after August 25, 1997 shall be denied.

v.               The New Jersey Scup Permit shall be on board the vessel to which it is issued at all times.  The permit is valid in 1997 and subsequent years unless revoked as part of a penalty action.  The New Jersey Scup Permit is issued to a specific vessel in the name of the owner.

(1)           The owner of a permitted vessel may transfer his or her New Jersey Scup Permit, upon application to the Department, as follows:

(A)           To his or her replacement vessel.  The vessel being replaced shall no longer be eligible for a New Jersey Scup Permit; or

(B)           Along with the sale of his or her vessel to a new owner.  The owner selling the vessel shall no longer be eligible for a New Jersey Scup Permit based on the harvesting history of the vessel being sold.

(2)           No Permit shall be transferred without the prior approval of the Department.

vi.             A vessel possessing a New Jersey Scup Permit to commercially harvest scup by angling or hook and line or spearfishing and when operating under the permit shall be subject to the following:

(1)           Crew size shall be limited to no more than five persons, including the captain; and

(2)           The vessel shall not carry any passengers for hire.  When carrying passengers for hire, the New Jersey Scup Permit is not valid and any possession limits and seasonal restrictions as specified in N.J.A.C. 7:25-18.1 apply.]

8.       (No change.)

9.               All permitted New Jersey Scup Dealers shall provide weekly reports to the Division listing the amount of scup landed on a daily basis and any other information that may be required by the Commissioner or as a result of an agreement with other states pursuant to (p)10 below.  Such report shall be faxed to the Division at [609-984-1408] the number specified by the Division no later than two days following the week’s end or sent by any other method approved by the Department.  For the purpose of this provision, the week shall begin on Sunday and end of Saturday.

10.           All [New Jersey Scup Permit holders and any] scup moratorium permit holders landing scup in New Jersey shall be required to complete monthly reports supplied by the Department.  The monthly report shall be signed by the permittee attesting to the validity of the information and be submitted so it is received by the Department no later than 15 working days following the end of the reported month at the following address:

New Jersey Scup Program

Nacote Creek Research Station

P.O. Box 418

Port Republic, NJ  08241-0418

i.                 The monthly report shall include, but not be limited to, the following information:  name, [New Jersey Scup Permit number or] scup moratorium permit number, total amount (in pounds) of each species taken, dates caught, time at sea, duration of fishing time, gear type used to harvest, number of tows, area fished, crew size, landing port, date sold and buyer.  This information shall be provided for any trip in which scup are land.  [New Jersey Scup Permit holders and scup] scup moratorium permit holders may submit the “STATE” copy of their Federal log book in satisfaction of the New Jersey reporting requirements.

11.           Any person violating the provisions of this section shall be subject to the penalties prescribed in N.J.S.A. 23:2B-14 in addition to the following:

i.                 Failure to comply with the provisions of (p)4ii, landing or accepting scup after the season has been closed; (p)5, landing or accepting more than the daily trip limit; (p)6, accepting scup from a vessel without first having obtained a valid New Jersey Scup Dealer Permit; [(p)7, landing for the purpose of sale or selling scup without first having obtained a valid New Jersey Scup Permit or valid scup moratorium permit; (p)8, selling scup to a non-permitted fish dealer;] or (p)9 and (p)10, failure to submit accurate and timely reports shall result in the suspension or revocation of the dealer’s New Jersey Scup Dealer Permit [or the vessel’s New Jersey Scup Permit] according to the following schedule:

(1)-(4)          (No change.)

ii.               – iii. (No change.)

12.     (No change.)

(q)           Special provisions applicable to a directed black sea bass fishery are as follows:

1.-2.   (No change.)

3.              Annual and seasonal black sea bass quotas and daily trip limits shall be determined by the Mid-Atlantic Fishery Management Council and implemented by the National Marine Fisheries Service or determined by the Atlantic States Marine Fisheries Commission.

i.                 The Commissioner, or his or her designee, shall implement annual and seasonal black sea bass quotas and daily trip limits determined by the Atlantic States Marine Fisheries Commission upon four days public notice.  Public notice shall include letters by first class mail to all Federal black sea bass moratorium permit holders that are New Jersey residents.

[i.] ii.     No vessel shall have in possession or land and no dealer or person shall accept from any one vessel or person more than the daily trip limit of black sea bass in any one calendar day. [The daily trip limit for black sea bass shall be 3,000 pounds from April 1 through June 30, 2000 pounds from July 1 through September 30 and 3,000 pounds from October 1 through December 31.]

Recodify ii.-iv. as iii.-v.  (No change in text.)

(r)      (No change.)

 

7:25-18.16   Horseshoe crab (Limulus polyphemus)

(a)-(c)          (No change.)

(d)  [The season for horseshoe crabs shall be April 1 through August 15.]  The annual horseshoe crab harvest quota for New Jersey shall be no more than 297,680 horseshoe crabs or as modified by the Commissioner pursuant to (h) below.  All landings of horseshoe crabs in New Jersey shall be applied to the New Jersey annual horseshoe crab quota.

1.              The season for horseshoe crabs shall be April 1 through August 15.

2.              The Commissioner, or his or her designee, shall close the season for the commercial horseshoe crab fishery upon four days public notice of the projected date the annual quota shall be caught.  Public notice shall include letters by first class mail to all New Jersey Horseshoe Crab Permit holders.

3.              If the Commissioner, or his or her designee, closes the season prematurely because of unanticipated environmental events resulting in the quota not being landed by the projected date and at least one month remains in the current season, then the Commissioner, or his or her designee, may reopen the season for a specified period of time upon four days public notice.  Public notice shall be made as specified in (d)2 above.

4.              If the quota for any year is exceeded, the amount over harvested will be deducted from the following year’s annual quota.

5.               Beginning in 2001, the Department shall notify the previous year’s holders of New Jersey Horseshoe Crab Permits of the current year’s annual quota no later than January 31 of the year to which the annual quota applies.  Notification shall be by first class mail to the previous year’s permit holders.

(e)      A person shall not harvest horseshoe crabs from the beaches and the adjacent waters and uplands within 1,000 feet of the bayfront mean high water line in that portion of Delaware Bay extending from the Cape May Canal in Cape May to Stow Creek in Cumberland County at any time.  Additionally, a person shall not harvest horseshoe crabs from the beaches and shoreline and the adjacent waters and uplands in the back bay area near Thompson’s Beach bordered by, but not including, Adlers Ditch and Riggins Ditch in Cumberland County.

(f)             (No change.)

(g)  It shall be illegal to possess horseshoe crabs on any vessel while having in possession any harvest gear except miniature fykes, conch pots, lobster pots, fish pots or minnow pots.  The simultaneous possession of horseshoe crabs and any other harvest gear except those listed shall be prima facea evidence of a violation of this section.

(h)     The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify the annual quota and/or season in this section by notice in order to maintain and/or to come into compliance with any fishery management plan approved by the Atlantic States Marine Fisheries Commission pursuant to 16 U.S.C. § 5104(b).  The Department shall publish notice of any such modification by filing and publishing in the New Jersey Register and in the Division’s commercial regulation publication.  All such notices shall be effective when the Department files the notice with the Office of Administrative Law or as specified otherwise in the notice.

[(h)]  i.   Any person harvesting horseshoe crabs shall telephone the Division’s designated telephone number for horseshoe crab harvest each Friday during the horseshoe crab season and report the number of horseshoe crabs harvested during the previous week.  Any person harvesting horseshoe crabs shall also provide monthly reports within five working days following the end of the reported month to the Department on forms supplied to the permit holder.  The monthly report shall include the number of horseshoe crabs harvested, the area of collection and any other information as the Department may deem necessary for management of the horseshoe crab resource.  If no horseshoe crabs were harvested during the month, a report to that effect shall be provided.  The permittee shall be personally responsible for guaranteeing the timely delivery of reports to the Division as well as the accuracy of all information contained therein.  The Department may demand that a permittee provide proof of the truth of any data contained in any report submitted to the Division under this program.  If the permittee fails to file a true, complete monthly report with the Division by the fifth day of any month, the Division, in its discretion, may contact the permittee by the most expeditious method available in order to secure a complete report.

Recodify (i) as (j).  (No change in text.)

 

SUBCHAPTER 20    AQUACULTURE

7:25-20.1     Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

“Aquaculture” means the propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and shall include, but need not be limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing protection from predators.

“Aquarium Organism” means any organism used primarily for household, recirculating aquarium tanks, not for human consumption and which cannot survive in New Jersey waters for greater than twelve consecutive months.

“Aquatic Organism” means any marine, estuarine, diadromous or fresh water animal or plant with the exception of mammals and birds.

“Commercial Aquaculture” means any aquaculture where the end product is sold, bartered, offered for sale or barter or intended for sale or barter.

“Commissioner” means the Commissioner of the Department of Environmental Protection or his or her designee.

“Division” means the Division of Fish and Wildlife within the Department of Environmental Protection.

“Genetically Altered” means transgenic organisms created by recombinant DNA technology.

“Hybridized” means organisms resulting from genetic combinations of two or more species.

“Import” means to transport, receive or possess aquatic organisms from outside of the jurisdiction of New Jersey and intentionally place said organisms in the waters of the State or into any aquacultural system or to possess genetically altered aquatic organisms.

“Introduce” means the intentional or accidental release of any aquatic organisms or the pests, pathogens or diseases of any aquatic organisms into the waters of the State as a result of their importation or subsequent aquacultural activities.

“Secretary” means the Secretary of Agriculture or his or her designee.

“Retail Sale” means the sale of an aquatic organism to the consuming public or to an entity that will sell to the consuming public without rearing or growth of the aquatic organism.

“Waters of the State” means any public fresh, estuarine or marine waters of the State.

 

7:25-20.2     Identification of Aquaculture Products

(a)  The purpose of this section is to allow the retail sale of the products of commercial aquaculture at such sizes, during such time periods, when subject to quotas or other conditions when wild organisms of the same species may not be sold.  To provide the necessary degree of protection to the wild stocks, the products of commercial aquaculture need to be properly identifiable.

1.              The products of commercial aquaculture are exempt from the size, possession, season and sale restriction provisions of N.J.A.C. 7:25 provided that they are in compliance with the provisions of this subchapter.

2.              The products of commercial aquaculture are exempt from the quota provisions of N.J.A.C. 7:25 provided that they are the propagated products of aquaculture and that they are in compliance with the provisions of this subchapter.

(b)   All aquatic organisms which are the products of commercial aquaculture which are in transit or otherwise possessed for retail sale shall be accompanied by accurate and dated documentation to include the following:

1.    State (or county) of origin;

2.    Aquaculture Permit or License Number, if applicable, from the State of origin (if that State is not New Jersey);

3.    New Jersey Aquaculture License number, if the State of origin is New Jersey;

4.    Name, address and phone number of permit holder (or originator of shipment);

5.    Name, address and phone number of person to whom shipment is being made;

6.    Name, address and phone number of shipper (transporter);

7.    Date (day, month and year) of shipment;

8.    Species, common and scientific name; and

9.    Number, weight and size of organisms shipped.

(c)     The documentation referenced at (b) above shall be retained and be made available for inspection by both the originator and recipient of the shipment for a minimum of one year.

 

(d)      A person shall not transport for retail sale or possess for retail sale any aquatic organism, which is the product of commercial aquaculture, listed  in (d) 1.  below, unless said product is marked or tagged in a manner approved by the Division as provided at (e) and (f) below. The Commissioner may add or delete organisms from the list at (d) 1.  below by Administrative Notice in the New Jersey Register. All such notices shall be effective when the Department files the notice with the Office of Administrative Law or as specified otherwise in the notice.

1.     The following organisms are required to  conform to the marking requirements of (c) above:

Common Name                          Scientific Name

Striped Bass                                Morone saxatilis

Hard clam or quahog                  Mercenaria mercenaria

 

 

(e)    A person wishing to transport for retail sale, offer for retail sale or sell in the retail market an aquatic organism, which is the product of commercial aquaculture, and which is listed in (d) 1.  above, may apply, in writing to the Division for approval of a marking technique or for approval to order and receive tags at the following address:

N.J. Division of Fish and Wildlife

Nacote Creek Research Center

P. O. Box 418

Port Republic. N.J. , 08241

          1.       Marking techniques or tags shall conform to the

 criteria listed below or to the approved list at (f) below.

i.                Any mark shall be field observable by enforcement personnel without the aid of specialized equipment;

ii.              Any mark shall be permanent;

iii.            Any mark shall not be reproducible on freshly harvested wild stock;

iv.             Any tag shall be of a type approved by the Division;

v.               Any tags shall be purchased from the Division or from a Division approved vendor; and

vi.             Any tags shall be imprinted with a unique identifier of the aquaculturist and sequentially numbered as approved by the Division.

2.       The possession of any aquatic organism or parts of an aquatic organism which requires a mark or tag approved by the Division as set forth above and from which the approved mark or tag has been removed, other than immediately prior to preparation or being served as food, shall be presumed to be possessed in violation of this section.

3.      Upon approval of a mark and marking technique, the Commissioner will list said marking technique, by Administrative Notice in the New Jersey Register, under (f) below. All such notices shall be effective when the Department files the notice with the Office of Administrative Law or as specified otherwise in the notice.

          (f)     Approved Marking Techniques

1.              The following marking techniques and marks for aquacultured products are approved by the Division for the transport and possession for retail sale.

i.                Fin clipping at a fingerling size.

ii.              Finfish grown in a controlled temperature environment that show no annular rings on their scales.

iii.            The use of oxytetracycline to mark otiliths and/or scales on finfish.

iv.             The use of the notata variant of Mercenaria mercenaria.

 

(g)     Any person subject to the provisions of (d) above shall maintain accurate records of all transactions subject to the provisions of this section which shall include the following items. Records shall be maintained for a minimum of one year and made available for inspection.    

 

1.    Name, address and phone number to whom the product is being sold or shipped;

2.    Date (day, month and year) of sale or shipment;

3.    Number, pounds, size and species of sale or shipment;

4.    Type of mark or tag used; and

5.    Tag identifier and numbering sequence of sale or shipment, if applicable.

 

(h)     Any person violating the provisions of (b), (c), (d) or (g)  above shall be liable to a penalty of $20.00 for each aquatic organism possessed.  Each aquatic organism possessed shall constitute a separate and distinct offense.

 

7:25-20.3     Importation of Aquatic Organisms

 

(a)     The purpose of this section is to provide a means to control the importation of aquatic organisms and to prevent the introduction of aquatic organisms (or their pests, pathogens or diseases) into the waters of the State, if the introduction may be a threat to human health or harmful to the natural wild stocks and/or their habitat.

(b)     A person shall not import any aquatic organisms into New Jersey without a valid annual New Jersey Aquatic Organism Importation Permit in his or her possession.  The permit shall be issued in the name of the owner(s) of the aquaculture facility or other aquatic organism holding facility or lease holder of the aquaculture site where the organisms are destined.

1.     Application for a New Jersey Aquatic Organism Importation Permit shall be made in writing on a form available from the Office of Aquaculture Coordination, Department of Agriculture, P.O. Box 330, Trenton N.J. 08625,  which shall include the following:

i.    Name, address and phone number of applicant;

              ii.  The species of aquatic organism(s) to be imported;

iii.  The location from which they were grown, or are to be immediately taken (county, state, or other subdivision and water body);

iv.   The location in which they are to be placed (town, address if appropriate and water body if appropriate);

v.   The country, state or other subdivision or Federal zone area to which the species is indigenous

vi.   Whether the species currently resides in or is native to the water body identified at iv. above, if applicable;

vii.   The type of system into which the aquatic organisms will be placed, such as a closed recirculating system, a pond with no inlet from or outlet to the waters of the State, a flow through system or open fresh or marine waters;

viii.   The name, address and phone number of the natural resource management agency with jurisdiction over the location identified in iii above; and

ix.   The number, weight and/or volume and size of organisms to be imported and the anticipated frequency of such importation.

2.     Applications for placing imported aquatic organisms into closed re- circulating systems or contained ponds with no inlet from or outlet to the waters of the State, directly or indirectly, shall be permitted through the Department of Agriculture.

3.     Applications for placing imported aquatic organisms into the waters of the State or public waters or any type of holding system which discharges into the waters of the State, directly of indirectly, shall be permitted through the Department of Environmental Protection.

4.     New Jersey Aquatic Organism Importation Permit holders shall maintain accurate records of all aquatic organism importation transactions which shall include the following:

i.                State (or county) of origin;

ii.              Aquaculture Permit of license number from state or county of origin, if applicable;

iii.            Name, address and phone number of originator of shipment; and

iv.             Date (day, month and year) of shipment.

5.     Records shall be made available for inspection upon request.

6.     Records shall be filed annually with the Division of Fish and Wildlife by January 15 of the subsequent year.  Reports shall be mailed to:

New Jersey Division of Fish and Wildlife

Marine Fisheries Administration

Aquaculture Reports

P.O. Box 400

Trenton, NJ  08625

 

(c)     Applicants for a New Jersey Aquatic Organism Importation Permit for one or more species which do (does) not occur within New Jersey’s waters or organisms that have been genetically altered or hybridized shall be required to provide an environmental impact statement and proposed plan of importation in the following sutuation:

1.              If the information listed in (b) above does not provide a sufficient basis for the determination required under (e) below, the applicant shall provide an environmental impact statement which contains the following information:

i.                Complete description of the organism’s life cycle;

ii.              Discussion of  the potential for reproduction under the conditions that will exist in the proposed culture system; 

iii. Habitat requirements;

            iv. Associated fauna and flora;

           v. Any known diseases, pests or parasites of the organisms; 

          vi. Results of any prior importation or introduction; 

          vii. An explanation of the purpose and anticipated result of the importation; and

viii.  Any other information  requested by the Deprtment regarding the environmental impact of therequested importation.  

2.       Organisms already approved for culture within similar areas and by the method and systems proposed are exempt from this subsection.

3.       Organisms imported from a lake, river or estuary shared by New Jersey and another state are exempt from this section if placed within New Jersey’s jurisdiction in the same water body. 

4.       Organisms imported from waters of the Atlantic Ocean under Federal jurisdiction located within 100 nautical miles of New Jersey are exempt from this section.

          5.       Any permit application requiring an environmental impact statement shall be reviewed by the Aquaculture Technical Committee as identified in (f) below.

 

           (d)    An Aquaculture Technical Committee shall be organized to assist the Commissioner and Secretary in the review of more complex Aquaculture Importation Permit applications, appeals of application denials and embargo determinations.  The composition of the Aquaculture Technical Committee shall include, but may not be limited to, one representative of the Department of Agriculture; one representative of the Department of Health;  two representatives of the Department of Environmental Protection, at least one of whom shall represent the Division of Fish and Wildlife; two representatives of institutions of higher education with an interest and knowledge in aquaculture; two members of the aquaculture industry; and one member with an interest and knowledge in fish and aquatic organism health.

1.       The Aquaculture Technical Committee members shall be appointed by the Aquaculture Advisory Council.

2.       The Aquaculture Technical Committee shall, from time to time, submit to the Commissioner and Secretary any recommendations for new rules and regulations, revisions of rules and regulations or species which should be exempted from the regulations which it deems necessary for the proper operation of a program to control the importation of aquatic organisms.

3.       The Aquaculture Technical Committee shall meet not less frequently than a quarterly basis, if required, to perform the tasks outlined in 1 above.

4.       All recommendations of the Aquaculture Technical Committee will be forwarded to the Commissioner and Secretary in writing within 30 days of their meeting.

(e)     The New Jersey Aquatic Organism Importation Permit process and requirements are set forth in (e) 1. through 5. below.

1.              In deciding whether to grant or deny the permit required under (c) above, the Commissioner or the Secretary shall consider the following:

i.                The application submitted under (b) above;

ii.       The environmental impact statement required at (c) above, if applicable;

iii.      Any comments or recommendations of the Aquaculture Technical Committee;

iv.      Any comments submitted by the state or nation from which the organism is to be imported;

v.       Any other information concerning the organism proposed to be imported, the proposed means of transportation and any unique situation regarding the receiving waters or the natural wild populations of the receiving waters; and

vi.      The compliance history of the applicant regarding aquaculture and/or natural resource statutes, rules and regulations.

2.              Based upon the information considered under (f) above, the Commissioner or the Secretary shall grant the New Jersey Aquatic Organism Importation Permit if he or she determines that there is no reasonable basis to expect that the proposed introduction will:

i.                Cause any human health risks;

ii.              Cause the introduction of a non-native disease, predator, competitor or pest into the waters of the State; or

iii.            Otherwise cause an unacceptable threat to the integrity and protection of natural wild stocks or their habitat.

3.              The New Jersey Aquatic Organism Importation Permit will specify the species, quantity, location from which the organisms is being imported, the location and type of facility where the organism is to be placed, and may place conditions upon the permit to include, but not be limited to, size, time or frequency of the importation and any special inspection, health inspection certification or quarantine requirements that are reasonably necessary.

4.              New Jersey Aquatic Organism Importation Permits are valid for up to, but not exceeding a one year period starting November 1 and expiring October 31.

5.              The containers in which the organisms for importation are transported shall be visibly and obviously marked to indicate their origin, destination and the New Jersey Aquatic Organism Importation Permit number that corresponds to said organisms.

(f)      The Commissioner, upon consultation with the Secretary and the Aquaculture Technical Committee, may exempt certain organisms for certain uses from the requirements of the New Jersey Aquatic Organism Importation Permit.  The Department shall subsequently publish notice of any such organism to be added to or deleted from the list of such exempted organisms and/or uses by filing and publishing in the New Jersey Register.  All such notices shall be effective when the Department files the notice with the Office of Administrative Law or as specified otherwise in the notice.

1.       The following organisms are exempted from the requirements of the New Jersey Aquatic Organism Importation Permit if used in the manner or for the purpose(s) identified:

Common Name                Scientific Name                         Purpose

 

American Eel                   Anguilla rostrata                       Bait Only

Aquarium Organisms       not applicable                            Aquarium Use

  Only

Blood Worm                    Glycera sp.                                 Bait Only

Blue Crab                         Callinectes sapidus                              Bait Only

Horseshoe Crab               Limulus polyphemus                 Bait Only

Minnows                          Funduls sp.                                Bait Only

River Herring                             Alosa pseudoharengus              Bait Only

                                        Alosa aestivalis                         Bait Only

Sand or Clam Worm         Nereis sp.                                  Bait Only

 

 

(g)     An applicant may request a review of the denial of a New Jersey Aquatic Organism Importation Permit within 30 days of notification of such denial.  All requests for review shall be in writing, stating the reason or reasons that their application should not have been denied.  Requests for review of application denial shall be sent, with any and all supporting documentation to the Office of Legal Affairs, Department of Environmental Protection, P.O. Box 402, Trenton, NJ 08625-0402.

1.       All requests for review of application denial will be reviewed by the Aquaculture Technical Committee at their next regularly scheduled meeting.

2.       The Commissioner, after reviewing the recommendations of the Aquaculture Technical Committee and any other relevant information, shall, in his or her discretion, make a final determination relative to the granting or denial of the New Jersey Aquatic Organism  Importation Permit.

 

(h)     The Commissioner may stop further importation of any organisms or increase the level of testing or certification of any organism, upon notification by certified or registered mail, if the area from which the organism(s) originate is so infested with a disease, pest or predator to render further importation a threat to human health, or to the integrity and protection of natural wild stocks and/or their habitats by providing mail notice to any permittee who might be affected by such action, or by any other means reasonably designed  to reach that permittee.

1.              The Commissioner may further require that any and all imported  organisms be immediately removed from the waters of the State or from any private waters or aquaculture facility that discharges into the waters of the State upon notification by hand delivery, registered or certified mail if such organisms pose a threat to human health or to the integrity and protection of natural wild stocks and/or their habitat.

2.              The Aquaculture Technical Committee will meet and make its recommendation to the Commissioner regarding any issue which may result in stopping the importation of an organism or in the removal of an organism from the waters of the State or from any private waters or aquaculture facility which discharges into the waters of the State prior to such stoppage or removal whenever practical.  When this is not practical, the Aquaculture Technical Committee will meet and make its recommendation to the Commissioner within 30 days after the Commissioner has ordered such stoppage or removal.

 

(i)      Any person who imports or introduces aquatic organisms into the waters of the State without a New Jersey Aquatic Organism Importation Permit, who otherwise violates any provisions of this section, or who violates the terms or conditions of his or her permit, is liable under the penalties prescribed under N.J.S.A. 23:2B-14.

1.              The Commissioner may suspend or revoke a New Jersey Aquatic Organism Importation Permit if the permittee violates any of the terms or conditions of his or her permit or any provisions of this section in accordance with the following schedule:

i.                First Offense:                   180 day suspension

ii.              Second Offense:    One year suspension

iii.            Third Offense:        Permanent revocation of permit

2.       If the period of a suspension extends beyond October 31 of any year, no application for a renewal of the permit will be accepted until after the end of the suspension period.

3.       Prior to the suspension or revocation of the permit, the permittee shall have the opportunity to request a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. And 52:14F-1 et seq. And the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

 

SUBCHAPTER 22.  Fishery Management in New Jersey

7:25-22.1     [Menhaden season]  Taking of Atlantic menhaden for fish meal reduction

          The [season for] taking of Atlantic menhaden (Brevoortia tyrannus) from the marine waters of the State of New Jersey by purse seine for fish meal reduction shall [begin on the third Monday in May and end on the third Friday in October.  This provision shall not impose a limited season for the taking of menhaden for bait, chum or purposes other than for fish meal reduction] be prohibited.

 

[7:25-22.2   Purse seine fishing of Atlantic menhaden

          (a)  Persons licensed to fish for Atlantic menhaden with a purse seine or shirred net in the marine waters of New Jersey pursuant to N.J.S.A. 23:3-51 and N.J.S.A. 23:3-52 who are taking Atlantic menhaden for purposes other than bait, as provided in N.J.A.C. 7:25-22.3, shall be subject to the following:

1. Fishing, for the purpose of this section, shall be defined as having a purse seine in the marine waters of this State.

2.  Fishing shall be restricted to the Atlantic Ocean, not closer than 1.2 nautical miles of any point along the shore, jetties or piers.  It will be incumbent upon the captain of a purse seine vessel to determine the possibility of drifting inside the 1.2 nautical mile limit while fishing before setting his or her net.  Drifting into the 1.2 nautical mile restricted area along the shore, or around a jetty or pier, while fishing shall constitute a violation of this subchapter.

3. A person shall not fish on Saturdays, Sundays, and the days on which Memorial Day, Independence Day, Labor Day and Columbus Day are officially observed by the State of New Jersey.

4. All pump outlets, except normal engine cooling water, shall discharge below the vessel’s water line.

5. All discharge from fish pumps must be treated with a United States Coast Guard approved anti-foaming agent.

6. No refuse, litter or garbage of any kind, or any quantity of dead fish shall be thrown overboard or released from the vessel or its net(s).

7. The licensee is responsible for cleaning up any fish, fish-parts, refuse, litter, or garbage of any kind which is released during any fishing operation or as a result of a fishing operation and must initiate such cleanup no later than 24 hours after the release begins.  Upon the licensee’s failure to initiate such cleanup within the 24 hour period, the Department may conduct the cleanup or arrange for the performance of the cleanup.  In addition to any other penalties and remedies provided by law, the licensee shall be liable for all costs associated with such cleanup, including any administrative costs incurred by the Department.  Such cleanup shall include, but not be limited to, the marine and estuarine waters of the State and adjacent beaches, shorelines and marshes.

8. No markers or buoys designating channels, crab pots, lobster pots, fish pots, or traps shall be disturbed by the act of fishing.

9. Persons subject to this subchapter shall notify the Division of Fish, Game and Wildlife’s Marine Enforcement Office located at Nacote Creek, Star Route, Absecon, New Jersey when they intend to fish in State waters, by calling 609-441-3473.  The notification shall be made both prior to and upon the completion of any fishing in State waters, by the Captain for his or her agent.

10. The possession of any fish, as defined at N.J.S.A. 23:2B-3e, other than Atlantic menhaden on a purse seine vessel harvesting menhaden is prohibited.

i. The simultaneous possession of Atlantic menhaden and any other fish, as defined at N.J.S.A. 23:2B-3e, and a purse seine, aboard a vessel of any person holding an Atlantic menhaden bait permit or any vessel conducting menhaden fishing operations, shall constitute prima facie evidence of a violation of this subchapter.]

 

[7:25-22.3] 7:25-22.2 Taking of menhaden for bait

(a)-(c)  (No change.)

 

[7:25-22.4] 7:25-22.3 Vessel boarding

          The operator of, or any other person on board, a fishing vessel subject to this subchapter, shall immediately comply with instructions and signals issued by an law enforcement officer and facilitate a safe boarding and inspection of the vessel, its gear, equipment, catch, and any area where fish may be stored, for the purpose of enforcement of this subchapter.

 

 

Based on consultation with staff, I hereby certify that the above statements, including the Executive Order No. 27/N.J.S.A. 52:14B-23 Statement addressing the requirements of Executive Order 27 (1994), permit the public to understand accurately and plainly the purposed and expected consequence of the proposed new rule and amendments. I hereby authorize the proposal of this rule.  

 

 

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Date                               Robert C. Shinn, Jr., Commissioner

                                     Environmental Protection