NJ DEPARTMENT of ENVIRONMENTAL
PROTECTION
Natural and Historic Resources
Division of Fish and Wildlife/Bureau
of Marine Fisheries
Notice of Rule Proposal
Division of Fish and Wildlife amendments to rules; Crab and
Lobster Management (N.J.A.C. 7:25-14); Marine Fisheries (N.J.A.C.
7:25-18): and Fishery Management in New Jersey (N.J.A.C. 7:25-22)
Public Notice
Take notice that the NJ Department of Environmental Protection
is proposing amendments to the existing marine fisheries regulations. A
statement of the proposal follows: The Department of
Environmental Protection/Division of Fish and Wildlife/Bureau
of Marine Fisheries is proposing amendments to N.J.A.C. 7:25-14
governing the management of blue crabs and lobsters to establish
a two tier commercial crab pot/trot line licensing system (including
new license transfer provisions); eliminate the need for a
Type D Recreational Lobster Pot Permit for the recreational
harvest of lobsters while retaining the current requirement
for a fish and lobster license for the recreational lobster
harvesters: providing the Commissioner with the authority to
modify by notice specific quotas and management measures; and
extends the current 12 month crab pot/trot line license privilege
revocation for damaging or illegally tending commercial crab
gear. Additionally, amendments proposed at N.J.A.C. 7:25-18
will: add dolphin, hybrid striped bass and or striped bass
to the section on size, season, and possession limits; permit
the use of parts of one legal size summer flounder for use
as bait (traditional practice prohibited by the current regulations);
prohibits the filleting of any species of fish less than the
specified minimum size, thereby strengthening enforcement of
minimum size regulations; provide the Commissioner (with the
approval of the N.J. Marine Fisheries Council) with the authority
to modify certain management measures in a timely manner via
a notice of administrative change to ensure consistency with
Federal regulations/management plans; strengthen enforcement
of marine fisheries regulations by making it illegal to dispose
of fish, fish parts or other matter after receiving communication
from a law enforcement officer; require monthly harvest reporting
by miniature fyke licensees in order to comply with the Interstate
Fisheries Management Plan for American Eel and establish license
suspension and revocation penalty provisions for failure to
supply such reports; allow for the transfer of commercial shad
permits to the permit holder’s immediate family; clarify
existing language or correct errors in current language; amend
and standardize language regarding the striped bass bonus program,
including provisions to adjust and the number of fish possession
cards based on changes in the striped bass quota or budget/personnel
constraints, clarify that possession cards issued to party
and charter boats cannot be sold; delete the current requirement
that unused striped bass bonus program cards must be returned
to the Division; and provide for notification of the closure
of the striped bass program via a news release and to publish
such notices in the NJ Register. N.J.A.C. 7:25-18.14
and 7:25-22.3 is being amended to provide the Commissioner
(with the approval of the NJ Marine Fisheries Council) to modify
certain management measures by notice to institute changes
in a timely manner to ensure consistency with Federal fisheries
management plans and ensure that New Jersey’s fishermen
have the ability to harvest annual quotas.
The proposal is scheduled to be published in the New Jersey
Register dated January 16, 2007 and a Public Hearing concerning
this proposal will be held on March 1, 2007, starting 7:00
PM at:
Atlantic County Library/Galloway Township
306 East Jimmie Leeds Road
Galloway, NJ 08205
A copy of the proposal(PDF) is available from the DEP web site; LexisNexis Customer Service
at (800) 223-1944 or www.lexisnexis.com/bookstore.
Be advised that there may be a fee for obtaining a copy of
the proposal from some sources.
Oral and written comments may be presented at the March 1,
2007 Public Hearing and written comments may be submitted by
March 17, 2007 to:
NJ Department of Environmental Protection
Gary J. Brower, Esq.
ATTN: DEP Docket No. 26-06-12/622
Office of Legal Affairs
PO Box 402
Trenton, NJ 08625
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