N.J. Admin. Code § 7:12-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:12-4.1 - Shellfish growing water classification - Conditionally Approved

(a) The following shellfish growing waters are classified as Conditionally Approved, and are in the closed status from May 1 through October 31 and are in the open status from November 1 through April 30:

1. Navesink River: Conditionally Approved (Restricted May 1 through October 31 yearly; Approved November 1 through April 30 yearly): All those waters contained within a line originating at the northern base of the Oceanic Bridge at Locust Point, then bearing approximately 60 degrees T to a Department maintained marker at the northeasternmost point of land at the mouth of Claypit Creek, then following the shoreline in an easterly direction to a Department maintained marker at the southeasternmost point of land at lower Rocky Point, and continuing on a line bearing approximately 135 degrees T to the southernmost white obstruction buoy, then continuing to the northeasternmost point of land on the first adjacent unnamed island, then continuing to the northeast tip of the second adjacent unnamed island, then along the eastern shoreline to the southeasternmost point, then to a Department maintained marker on the northeasternmost point of land on the adjacent third unnamed island, then following the eastern shoreline to a Department maintained marker on the southern shoreline, then along a line bearing 174 degrees T to a Department maintained marker, then bearing 244 degrees T across the mouth of an unnamed creek, then continuing along the shoreline to a Department maintained marker at the end of Navesink Avenue, then following a line across Black Point Creek bearing 280 degrees T to the southeasterly point of land on Barley Point Island, then following the shoreline in a northwesterly direction to a Department maintained marker on the westernmost point of land on the island, then along a line bearing 250 degrees T to a Department maintained marker on a point of land at the end of the Avenue of Two Rivers, then following the shoreline in a westerly direction to the southern base of the Oceanic Bridge, then along a line crossing the Oceanic Bridge and terminating at its northern base.

2. Shrewsbury River: All those waters contained within a line originating at southeastern bascule of the Route 520 Highway Bridge and proceeding in a southerly direction along a line connecting the westernmost ends of the docks on the eastern shore of the Shrewsbury River to the northernmost corner of the abutment at the western end of Center Street, Sea Bright, thence in a southwesterly direction to the northeastern corner of Gunning Island at coordinates latitude 40 degrees, 21 minutes, 31 seconds North and longitude 73 degrees, 58 minutes, 41.4 seconds West, thence in a southerly direction along the coastline of Gunning Island to the southeastern corner of Gunning Island at coordinates latitude 40 degrees, 21 minutes, 24.9 seconds North and longitude 73 degrees, 58 minutes, 39.7 seconds West, thence in a southerly direction to the eastern end of Sedge Island at coordinates latitude 40 degrees, 21 minutes, 13.2 seconds North and longitude 73 degrees, 58 minutes, 35.4 seconds West, thence in a southerly direction along the coastline of Sedge Island to the southern corner of Sedge Island at coordinates latitude 40 degrees, 21 minutes, 10.4 seconds North and longitude 73 degrees, 58 minutes, 36.9 seconds West, thence in a southwesterly direction to the northeastern corner of an unnamed island at coordinates latitude 40 degrees, 20 minutes, 56.4 seconds North and longitude 73 degrees, 58 minutes, 49.8 seconds West, thence in a northwesterly direction along the shoreline of the island to the southwestern corner of the island at coordinates latitude 40 degrees, 20 minutes, 34.1 seconds North and longitude 73 degrees, 58 minutes, 54 seconds West, thence in a southwesterly direction to a Department maintained marker at coordinates latitude 40 degrees, 20 minutes, 27.1 seconds North and longitude 73 degrees, 59 minutes, 4.2 seconds West, thence to a Department maintained marker at coordinates latitude 40 degrees, 21 minutes, 12.9 seconds North and longitude 73 degrees, 59 minutes, 31.5 seconds West, thence in a northeasterly direction along the shoreline to Oyster Bay, thence in an easterly direction across the mouth of Oyster Bay, thence in a northerly direction along a line connecting the eastern end of the docks protruding into the Shrewsbury River to the southwestern bascule of the Route 520 Bridge, thence to the origination point at the southeastern bascule of the bridge, and terminating.

3. Barnegat Bay Area:

i. Bay Head and Mantoloking area: All those waters of Northern Barnegat Bay and tributaries south of a line beginning at the southwestern abutment of the Mantoloking Bridge (County Route 528) with coordinates latitude 40 degrees 2 minutes 25.4 seconds North and longitude 74 degrees 3 minutes 23.4 seconds West, then following the western shoreline of the Bay to the easternmost point of land on Swan Point and bearing approximately 141 degrees T to Flashing Green light "15" (QG 8 ft. "15") and then following the east side of the inland waterway channel bearing approximately 227 degrees T to Flashing Green light "17" (FG G 6s "17"), then bearing approximately 210 degrees T to the most westerly point of land on Curtis Point, thence following the eastern shoreline in a northerly direction to the southeastern abutment of the Mantoloking Bridge (and continuing along the southern edge of the bridge to the southwestern abutment of the bridge with coordinates of latitude 40 degrees 2 minutes 25.4 seconds North and longitude 74 degrees 3 minutes 23.4 seconds West where this line terminates. (This designation of Conditionally Approved waters directly adjoins those defined as Restricted in 7:12-3.1(a)6.)

ii. Island Beach areas: Mantoloking to Berkeley Township: All those waters of Barnegat Bay and its tributaries east of a line beginning on the westernmost point of land on Curtis Point (Brick Township) and then bearing approximately 186 degrees T to the most westerly point of land on Dutchman's Point (just south of Mantoloking Shores), then bearing approximately 205 degrees T to the easternmost point of Middle Sedge Island, and terminating. (This designation of Conditionally Approved waters directly adjoins those defined as Restricted in 7:12-3.1(a)7.)

iii. Havens Cove: All those waters of Havens Cove, West of a line beginning on the northern side of an unnamed manmade waterway with coordinates of latitude 40 degrees 1 minute 49.8 seconds N and longitude 74 degrees 4 minutes 28.6 seconds W and bearing approximately 188 degrees T for.52 nautical miles toward a point just north of the most easterly tip of Havens Point with coordinates of latitude 40 degrees 1 minute 18.9 seconds N and longitude 74 degrees 4 minutes 34.6 seconds W. (This designation of Conditionally Approved waters directly adjoins those waters defined as Restricted in 7:12-3.1(a)8i.)

iv. Kettle Creek: Kettle Creek north and west from a straight line beginning at Seaweed Point and bearing approximately 241 degrees T to Andrew Point at Green Island and terminating and east and south of a straight line beginning at the westernmost end of Long Point Island at coordinates latitude 40 degrees 0 minutes 0 seconds North and longitude 74 degrees 6 minutes 4.7 seconds West and bearing approximately 270 degrees T to the northernmost point on Green Island with coordinates latitude 40 degrees 0 minutes 0 seconds North and longitude 74 degrees 6 minutes 26.2 seconds West and terminating. (This designation of Conditionally Approved waters directly adjoins those defined as Restricted in 7:12-3.1(a)8ii.)

v. Silver Bay: Silver Bay west of a straight line beginning at the southernmost point of land on Andrew Point (Green Island) and bearing approximately 185 degrees T and terminating on the most easterly point on Cattus Island Park (Ocean County) and east of a straight line beginning at the southernmost point of land on Andrew Point (Green Island) and bearing approximately 202 degrees T and terminating at a Department maintained marker on Cattus Island Park (Ocean County) with coordinates of latitude 39 degrees 59 minutes 41 seconds North and longitude 74 degrees 6 minutes 54.7 seconds West. (This designation of Conditionally Approved waters directly adjoins those defined as Restricted in 7:12-3.1(a)8iii.)

vi. Island Beach State Park area: All those waters in Barnegat Bay from a point of land, latitude 39 degrees 54 minutes 24 seconds N, longitude 74 degrees 5 minutes 13 seconds W, then bearing approximately 254 degrees T to a Department maintained marker at latitude 39 degrees 54 minutes 22 seconds N, longitude 74 degrees 5 minutes 20 seconds W, then bearing 136 degrees T to a point of land at Island Beach State Park at latitude 39 degrees 54 minutes N, then continuing northbound along the coastline to the point of origin and terminating.

vii. Toms River area: All of those waters lying within a line beginning at Flashing Red light "28" (Fl R 4s "28") and bearing approximately 160 degrees T through Quick Green light "29" (QG "29") to the western point of land on Pelican Island, then bearing approximately 129 degrees T to Flashing Green light "3" (Fl G "3"), then bearing approximately 170 degrees T to the western of the municipal pier off 5th Avenue in Seaside, then bearing approximately 290 degrees T toward a Department maintained marker on the unnamed point of land approximately 500 yards south of Good Luck Point to a Department maintained marker located approximately 250 feet east of the unnamed point with coordinates of latitude 39 degrees 55 minutes 35.5 seconds North and longitude 74 degrees 6 minutes 17.9 seconds West, then bearing approximately 170 degrees T to a Department maintained marker located at coordinates latitude 39 degrees 55 minutes 19.7 seconds North and longitude 74 degrees 6 minutes 16.3 seconds West, then bearing approximately 220 degrees T to Quick Red light "38" (QR "38"), then bearing approximately 042 degrees T to the most easterly point of Barnegat Pier, then proceeding in a northerly direction along the shoreline to a Department maintained marker at Good Luck Point, then bearing approximately 353 degrees T toward the most easterly point of land at Windsor Park (north of the Mathis Bridge) to the Mathis Bridge (Route 37), then in an easterly direction along the Mathis Bridge to a point with coordinates latitude 39 degrees 56 minutes 49.7 seconds North and longitude 74 degrees 6 minutes 17.7 seconds West, then bearing approximately 002 degrees T to Flashing Red light "28" (Fl R 4s "28"), and terminating.

viii. Barnegat Bay-Forked River to Barnegat: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All those waters east of the Restricted waters described in N.J.A.C. 7:12-3 and west of a line beginning at the easternmost point of land immediately north of Forked River (Department maintained marker) approximate location: Latitude 39 degrees 49 minutes 53 seconds N., longitude 74 degrees 9 minutes 17 seconds W.) and bearing approximately 167 degrees T to Flashing Red light "2" (Fl R "2") located off the mouth of Forked River, and then bearing approximately 212 degrees T to Flashing light "3" (Fl "3") marking the entrance to the channel to Oyster Creek, and then bearing approximately 204 degrees T through Department maintained markers "A" and "B" to Department maintained marker "C" located approximately 0.4 nautical miles east of Flashing Red light "2" (Fl R"2") marking the entrance to Waretown Creek, then bearing approximately 194 degrees T through Department maintained markers "D" and "E" to Department maintained marker "F" located approximately 0.5 nautical miles east of Flashing Green light "l" (Fl G "1") marking the entrance to Lochiel Creek and the Pebble Beach lagoon complex, and then bearing approximately 180 degrees T through Department maintained marker "G" and terminating at the range marker (Department maintained) located on Conklin Island.

4. Barnegat Bay to Little Egg Harbor Bay-Long Beach Island area:

i. Northern Long Beach Island: Conditionally Approved - Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All that portion of Barnegat Bay and Manahawkin Bay lying east of a line beginning on the northern point of land forming the mouth of the most northerly lagoon located between Butler and Meadow Streets in High Bar Harbor (Long Beach Township) and bearing approximately 270 degrees T to the northeast point of the northernmost of the two islands just offshore (Edwin B. Forsythe National Wildlife Refuge-Barnegat Division), then along the west shore of that island to its southeast point, then bearing approximately 131 degrees T across the unnamed gut or thorofare to the northeast point of the southernmost island, then along the east shore of that island to its easternmost point, then bearing approximately 144 degrees T to the most easterly point on Vol Sedge, then along the southeastern shore of that island to its southernmost point, and then bearing approximately 170 degrees T to the easternmost extent of the southern island of Vol Sedge, then bearing approximately 213 degrees T to the westernmost tip of Loveladies Harbor (marsh), then bearing approximately 190 degrees T to the westernmost point of land at the end of Bay View Road which forms the (southern bank) entrance to the Loveladies Harbor lagoon complex, then proceeding to where a line bearing approximately 177 degrees T to the standpipe in Harvey Cedars intersects the shoreline just west of Bay Terrace (Harvey Cedars), and then following the bulkhead or shoreline in a southerly direction, until reaching the southwesternmost point of land, located at the westernmost extent of Maiden Lane (Harvey Cedars), and then bearing approximately 220 degrees T to a point of land just north of the northernmost extent of Kent Place (Harvey Cedars), and then following the western shoreline or bulkhead in a southerly direction across the mouths of the two lagoons. (The northernmost lagoon located between Buckingham Avenue and Lange Avenue in Long Beach Township shall remain Prohibited, and the southernmost lagoon, which is located immediately south of Lange Avenue, shall also remain Prohibited) to the bulkhead on the point of land on the southern bank forming the entrance to the second of these lagoons, then bearing approximately 205 degrees T to the northernmost corner of the largest of the unnamed islands (just northeast of Fl G "55") off the mouth of Harvey Cove (Harvey Cove itself shall remain Restricted, See: 7:12-3.1(a)), then along that island's northern shoreline to its easternmost point, then bearing approximately 115 degrees T to the westernmost point of land just west of the westernmost extent of West Salem Avenue in Harvey Cedars, then bearing approximately 219 degrees T to the westernmost point of land (marsh) located west of the westernmost extent of James Street in Long Beach Township, then bearing approximately 196 degrees T to the westernmost point of land located on the properties labeled as block 104, lot 10 and block 102, lot 10 (located just southwest of the westernmost extent of a private road known as Little Bridge Road) in Long Beach Township, then bearing approximately 209 degrees T to the end of the pier at the end of Bay Shore Street in Long Beach Township, then bearing approximately 247 degrees T to Flashing Green light "1" (Fl G "1"), then bearing approximately 224 degrees T to Flashing Red light "2" (Fl R "2"), then bearing approximately 211 degrees T to a Department maintained marker on Cedar Bonnet Island, then following the east shore of that island to where the eastern shoreline of Cedar Bonnet Island intersects with Route 72 (Manahawkin Causeway) and then following the southern edge of that highway in an easterly direction to its terminus where Route 72 intersects with Long Beach Island (in Ship Bottom).

ii. Southern Long Beach Island: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All those waters lying east of a line beginning at the point where Route 72 (Manahawkin Causeway) intersects with Long Beach Island (in Ship Bottom) and proceeding in a westerly direction as it follows the southern edge of Route 72 to where the southern edge of Route 72 intersects with the easternmost shoreline of Cedar Bonnet Island at a point with coordinates of latitude 39 degrees 39 minutes 21 seconds N., longitude 74 degrees 11 minutes 24.92 seconds W., then following that shoreline in a southerly direction, crossing the mouths of all waterways until reaching the southeasternmost point of Cedar Bonnet Island, then crossing the mouth of a larger waterway and continuing south along the eastern shoreline of the unnamed island immediately south of Cedar Bonnet (this island is generally considered part of the Cedar Bonnet group), and then following that island's eastern shoreline in a southerly direction to its southeasternmost point with coordinates of latitude 39 degrees 38 minutes 43.46 seconds N., longitude 74 degrees 11 minutes 42.40 seconds W., then bearing 205 degrees T for 0.38 nautical miles to a point with coordinates of latitude 39 degrees 38 minutes 22.81 seconds N., longitude 74 degrees 11 minutes 54.56 seconds W., located on the northwestern side of the most northwestern of two smaller islands just northwest of Flat Island, then following the combined western shorelines of the two smaller islands in a southerly direction across the mouths of any waterways until reaching the southern tip of the most southerly of the two smaller islands, then continuing in a southerly direction across the mouth of a larger waterway until reaching the northwestern side of Flat Island, and continuing in a southerly direction along Flat Island's western shoreline across the mouths of any waterways until reaching Flat Island's southern tip at a point with coordinates of latitude 39 degrees 37 minutes 56.33 seconds N., longitude 74 degrees 11 minutes 57.04 seconds W., then bearing 210 degrees T for 0.54 nautical miles to the most northerly point of land on High Island with coordinates of latitude 39 degrees 37 minutes 28.73 seconds N., longitude 74 degrees 12 minutes 19.05 seconds W., and then following this island's eastern shoreline to its southernmost point, then bearing approximately 197 degrees T to Red "80" R "80", then bearing approximately 206 degrees T to Flashing Red light "81" (Fl G 2.5s "81"), then following the west side of the intracoastal waterway bearing approximately 187 degrees T to Red "84" (R "84"), then bearing approximately 218 degrees T to Flashing Red light "86" (Fl R 4s "86"), then bearing approximately 221 degrees T to Flashing Red light "88" (Fl R 2.5 s "88"), then bearing approximately 240 degrees T to Flashing Red light "92" (Fl R 4s "92"), then bearing approximately 209 degrees T to Quick Green light "95" (QG "95"), then bearing approximately 172 degrees T to the northernmost point of the easternmost Marshelder Island and then following the eastern shoreline of this island in a southerly direction to this island's southernmost point, and then bearing approximately 201 degrees T to Flashing Red light 104 (Fl R 2.5s "104"), then bearing approximately 229 degrees T to the northernmost point on Mordecai Island, then following the western shore of that island to its westernmost point, then bearing approximately 244 degrees T to Flashing Green light 109 (Fl G 4s "109"), then bearing approximately 199 degrees T to a point on shore and terminating.

iii. Manahawkin Bay, Mallard Island, Beach Haven West (Village Harbor) area: All those waters of Manahawkin and Little Egg Harbor Bays lying between a straight line beginning on the westernmost end of the most westerly island along the Manahawkin Causeway (Route 72), then bearing approximately 173 degrees T to the most easterly point of Thorofare Island, then bearing approximately 218 degrees T to Department maintained marker "J", at latitude 39 degrees 38 minutes 31 seconds, longitude 74 degrees 12 minutes 53 seconds then bearing approximately 275 degrees T to Department maintained marker "K", at latitude 39 degrees 38 minutes 33 seconds, longitude 74 degrees 13 minutes 34 seconds then bearing approximately 032 degrees T across the southeasternmost point at the mouth of the unnamed creek, then across the mouth of that creek to the southern shore of Popular Point, then along the shoreline to the easternmost tip of Popular Point, then bearing approximately 080 degrees T to the southernmost tip of Thorofare Island, then northeasterly along the southern shoreline to the northernmost tip of Thorofare Island, then bearing approximately 360 degrees T to the westernmost end of the most westerly island along the Manahawkin Causeway and terminating.

iv. Tuckerton area (Note: A portion of Tuckerton Cove is designated as Restricted. See N.J.A.C. 7:12-3. Portions of Tuckerton Creek are designated as Prohibited. See N.J.A.C. 7:12-2): The waters of Tuckerton Cove between a location on Gaunt Point situated on the eastern bank of Tuckerton Cove at the terminus of South Green St. with coordinates of latitude 39 degrees 34 minutes 35.9 seconds N., and longitude 74 degrees 19 minutes 53.1 seconds W., and then bearing 229 degrees T for 0.45 nautical miles to a point on the western bank with coordinates of latitude 39 degrees 34 minutes 18.7 seconds N., and longitude 74 degrees 20 minutes 19.2 seconds W., then in a northerly direction for 0.20 nautical miles along the western shoreline to a point with coordinates of latitude 39 degrees 34 minutes 28.8 seconds N., and longitude 74 degrees 20 minutes 19.3 seconds W., then bearing 050 degrees T for 0.34 nautical miles to a point on the eastern bank with coordinates of latitude 39 degrees 34 minutes 41.7 seconds N., and longitude 74 degrees 19 minutes 58.8 seconds W., and terminating.

5. Mullica River-Great Bay area:

i. Mullica River; Conditionally Approved -- Restricted May 1 through October 31, Approved November 31 through April 30 yearly:

(1) All those waters of the Mullica River (excluding Nacote Creek and the small cut or thorofare separating Moss Point from the mainland which shall remain Restricted) lying between a straight line beginning at the northernmost point of land on Akimbo Point and bearing approximately 070 degrees T to the southernmost point of land on Doctor Point (downstream boundary) and a straight line beginning at the easternmost point of land on Moss Point and bearing approximately 093 degrees T, to the southwesternmost point of land on the north bank of the northernmost ditch (Bloody Ditch) separating Blood Point from the mainland (upstream boundary). The line defining the upstream boundary described here coincides with that described in 7:12-3.1(a)20i.

ii. Ballanger Creek area: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All of Ballanger Creek and tributaries upstream from a straight line beginning at the westernmost point of land on the south bank of Ballanger Creek and bearing approximately 000 degrees T to the opposite shore of the creek to the Department maintained markers located upstream and as defined in N.J.A.C. 7:12-3;

(2) All of Winter Creek from its juncture with Ballanger Creek upstream to the Department maintained marker described in 7:12-3.1(a)20iii(2);

iii. Roundabout Creek area: Conditionally Approved-- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All of Roundabout Creek and tributaries upstream from a straight line beginning at the southernmost point of land on the east bank of Roundabout Creek and bearing approximately 306 degrees T to the opposite shore of the creek to the Department maintained markers described in 7:12-3.1(a)20iv.

iv. Judies Creek: Conditionally Approved -- Restricted May 1 through October 30 yearly, Approved November 1 through April 30 yearly:

(1) All of Judies Creek and tributaries upstream from its confluence with Basses Bay to the Department maintained markers as described in 7:12-3.1(a)20v.

v. Great Bay area: Conditionally Approved -- Restricted May 1 through October 31, Approved November 31 through April 30 yearly:

(1) All the waters within the unnamed cove adjacent to Rands Boats Marina from a point located at latitude 39 degrees 32 minutes 20.5 seconds N., and longitude 74 degrees 19 minutes 53 seconds W., then proceeding in a southwesterly direction to Fl "1" and thence in a southeasterly direction to a point located at latitude 39 degrees 32 minutes 10 seconds N., and longitude 74 degrees 19 minutes 51.5 seconds W., on the opposite bank.

(2) All waters of Big Sheepshead Creek beginning at FL G "1" located at latitude 39 degrees 31 minutes 47.5 seconds N., and longitude 74 degrees 19 minutes 45 seconds W., and proceeding in an easterly direction along the shoreline to the bridge base located on the northeastern corner of the bridge on Seven Bridges Road, thence in a southeasterly direction to the bascule located on the southwestern corner of the bridge, thence in a westerly direction along the shoreline to a point located at the approximate latitude 39 degrees 31 minutes 42.2 seconds N., and longitude 74 degrees 19 minutes 42 seconds W., and thence in a northwesterly direction to the point of origin and terminating.

6. Absecon Bay, Absecon Channel, and Absecon Inlet area; Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

i. Absecon Bay starting from the Department maintained marker, located approximately 0.96 miles west from the mouth of Absecon Creek (latitude North 39 degrees 24 minutes 29.3 seconds and longitude West 74 degrees 29 minutes 10.8 seconds) continuing southwest along the shoreline, then crossing over the mouth of Jonathan Thorofare and continuing southeastward along the shoreline toward another Department maintained marker located at the mouth of an unnamed thorofare (latitude North 39 degrees 23 minutes 40.8 seconds and longitude West 74 degrees 28 minutes 48.8 seconds), then bearing approximately 342 degrees T to the point of origin: Absecon Channel and all waters contained within a line from the base of the Justice Vincent's Haneman Bridge (Rt. 87) starting on the Atlantic City side and extending northeast toward Brigantine City and continuing along the shoreline to Rum Point, then crossing over the mouth of St. George's Thorofare and continuing to the seaward end of the jetty on the eastern shore, at the mouth of Absecon Inlet, then channelward to a point with coordinates latitude 39 degrees 22 minutes 1.9 seconds N., longitude 74 degrees 24 minutes 22.9 seconds W., then to the midspan of the Justice Vincent's Haneman Bridge, then running northwest along the line to the Rt. 87 bridge (Note: A section of the channel is classified as Restricted, see 7:12-3.1(a)23i);

7. Brigantine Area: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

i. All the waters of St. George's Thorofare from the point of land on the eastern shore, at the mouth of Conch Lagoon, and bearing approximately 358 degrees T to the north side of St. George's Thorofare, then along that shoreline in a westerly direction to a Department maintained marker at Rum Point, then bearing approximately 108 degrees T to the opposite shore of St. George's Thorofare, then along that shoreline in a generally easterly direction, eventually crossing the mouths of Sea King Lagoon and Conch Lagoon to the point of origin.

8. Lakes Bay-Shelter Bay-Risley Channel Area: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

i. All that portion of Lakes Bay, Shelter Bay and adjoining thorofares contained within a line from the Pleasantville Yacht Club and following the channel markers Fl G "15," Fl G "13," Fl G "11," Fl R "8" to Fl G "7," then bearing approximately 061 degrees T across the northernmost tip of a small unnamed island to Great Island, then along the shoreline of Great Island in a southerly direction to a Department maintained marker at latitude 39 degrees 21 minutes 24.82 seconds N., and longitude 74 degrees 29 minutes 49.31 seconds W., then continuing in a westerly direction across Shelter Bay to the most southerly tip of Alex Island at a point approximately latitude 39 degrees 21 minutes 48.03 seconds N., and longitude 74 degrees 30 minutes 53.76 seconds W., then turning southwesterly across Lakes Channel to a Department Maintained Marker at latitude 39 degrees 21 minutes 46.36 seconds N., and longitude 74 degrees 31 minutes 4.46 seconds W., then continuing northwesterly along the shoreline of Lakes Channel and Lakes Bay to its point of origin at the Pleasantville Yacht Club and terminating.

9. Ocean City-Somers Point Area-Great Egg Harbor Bay: Conditionally Approved -- Restricted May 1 through October 31, yearly, Approved November 1 through April 30 yearly;

i. All the waters contained within a line from the base of the Ocean City-Longport Bridge in Ocean City, extending to the southern end of the bascule, then bearing approximately 285 degrees T to GC "251", then bearing approximately 223 degrees T to the northern end of the bascule on the Ocean City-Somers Point Bridge, then bearing approximately 261 degrees T to Cowpens Island and along the southern shoreline in a westerly direction to a Department maintained marker, then bearing approximately 286 degrees T to Flashing red light 262 (Fl Q R "262") at the easternmost tip of the unnamed island adjacent to Shooting Island, then bearing approximately 140 degrees T to the end of West 16th Street, Ocean City, then along the Ocean City shoreline in a northeasterly direction, across the mouth of the Lagoon to the point of origin at the base of the Ocean City-Longport Bridge and terminating.

ii. All of those waters in Ship Channel within a line bearing approximately 190 degrees T through a Department maintained marker on the northern shore of Ship Channel approximately 1,000 feet west of the mouth of the Anchorage Point Lagoon, to another Department maintained marker on an unnamed island on the southern shore of Ship Channel, then bearing approximately 066 degrees T to another Department maintained marker which is approximately 1,000 feet east of the mouth of the Anchorage Point Lagoon, then proceeding northwesterly along the shoreline of Ship Channel, across the mouth of the Anchorage Point Lagoon and to the point of origin at the Department maintained marker.

iii. All the waters of Ship Channel contained within a line from the base of the Somers Point Ocean City Bridge in Somers Point, then along the bridge to the northern end of the bascule, then bearing approximately 056 degrees T to Flashing light "1" (F1 "1"), then bearing approximately 310 degrees T to a point of intersection with the shoreline of Ship Channel, then proceeding westerly along the shoreline of Ship Channel to the point of origin at the base of the Somers Point-Ocean City Bridge and terminating.

iv. All of the waters of Great Egg Harbor Bay and its tributaries north of a line from the tip of the municipal pier at the boat ramp at Kennedy Parks, Somers Point, to the tip of a privately maintained pier (High Bank Apartments, Broadway, Somers Point) which is just west of the municipal pier, then bearing approximately 260 degrees T to a Department maintained marker located on the northern shore of Drag Channel.

v. All the waters of Peck Bay contained within a line from the base of the 34th Street Bridge (Ocean City) and continuing along the Ocean City shoreline in a northeasterly direction to a Department maintained marker, then bearing approximately 295 degrees T to another Department maintained marker on the mainland, then along the shoreline in a southerly direction to the base of the 34th Street Bridge and across the bridge to the point of origin and terminating.

vi. All of Crook Horn Creek, Upland Thorofare, and their tributaries from the 34th Street Bridge to the northern end of Beach Creek and terminating.

10. Strathmere Area: Conditionally Approved -- Restricted May 1 through October 31 yearly. Approved November 1 through April 30 yearly;

i. All that portion of Main Channel within the area enclosed by a straight line from the north end of the Ocean Drive Bridge, along the western side of the bridge to the portion that opens, then bearing approximately 212 degrees T to the boat ramp located at the end of Bayview Avenue, Strathmere, then along that shoreline to the mouth of Whale Creek, then along a straight line across Main Channel bearing approximately 194 degrees T to a small ditch on the opposite shore then along the shoreline of Main Channel to its point of origin at the Ocean Drive Bridge and terminating.

ii. Whale Creek--all of Whale Creek from the Department maintained marker at eastern side of the mouth, then along the eastern bank of Whale Creek (excluding unnamed tributary) to the Department maintained marker at the junction with Ludlam Bay, then bearing approximately 305 degrees T to another Department maintained marker on the opposite bank, then along that shoreline in a northeasterly direction to the mouth of the creek, then bearing approximately 082 degrees T to the point of origin.

11. Stites Sound area:

i. All of Leonard Thorofare, Deep Creek, Deep Thorofare, and Cat Run and their tributaries south of a line beginning from a point on the west shore of the mouth of Leonard Thorofare with coordinates latitude 39 degrees 7 minutes 4.1 seconds N., longitude 74 degrees 45 minutes 4.7 seconds W., then proceeding in a southeast direction across the mouth of Leonard Thorofare to a point on the east shore of Leonard Thorofare with coordinates latitude 39 degrees 7 minutes 1.9 seconds N., longitude 74 degrees 44 minutes 59.9 seconds W., and terminating.

12. Great Sound area:

i. Holmes Creek and Holmes Creek Cove: Conditionally Approved-- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All of Holmes Creek and Holmes Creek Cove contained within a straight line beginning at Halfmile Point and bearing approximately 335 degrees T to the opposite shore and along that shoreline in a westerly direction, excluding drainage ditches which remain Prohibited to the mouth of Holmes Creek, then continuing along the northern side of Holmes Creek to the first drainage ditch, then directly across Holmes Creek and continuing along that shoreline to the cove and along that shoreline to the point of origin at Halfmile Point and terminating; and

ii. All of Cresse Thorofare, Gull Island Thorofare, Great Channel and Scotch Bonnet contained within a line starting at the base of the Stone Harbor Blvd. Bridge and proceeding in a northeast direction along the Stone Harbor shoreline, across the mouths of Snug Harbor, South Basin, North Basin, Stone Harbor Creek and Oldmans Creek, continuing along the shoreline including Shark Creek, then along that shoreline in a northerly direction to a Department maintained marker along Sturgeon Hole, then bearing approximately 232 degrees T to the mouth of Southeast Creek (on Gull Island), then along the shoreline in a southeasterly direction (excluding Southeast Creek), then in a northwesterly direction to a Department maintained marker, then bearing approximately 271 degrees T across Cresse Thorofare to another Department maintained marker, then in a southerly direction along the shoreline and across the mouth of Scotch Bonnet and continuing along the shoreline including Goths Creek, continuing along the shoreline and across the mouth of Muddy Hole, continuing along the shoreline and across the second mouth of Muddy Hole, then along the shoreline to the mouth of Scotch Bonnet, then along the Scotch Bonnet shoreline to a Department maintained marker, then bearing approximately 215 degrees T to another Department maintained marker, then along the shoreline in a southeasterly direction to the junction of Great Channel and along that shoreline in a southwesterly direction across an unnamed creek and continuing along the shoreline and across the mouth of Dung Thorofare and the shoreline of Nummy Island to a Department maintained marker and bearing approximately 116 degrees T to another Department maintained marker, then along the Stone Harbor shoreline in a northeasterly direction to the base of the Ocean Drive Bridge (Rt. 619), then bearing approximately 018 degrees T to the point of land at the junction of Great Channel and Pleasure Bay and continuing along the shoreline of Great Channel across the mouth of Stone Harbor and Shelter Haven to the point of origin at the base of the Stone Harbor Blvd. Bridge.

13. Jenkins Sound-Grassy Sound-Richardson Sound: Conditionally Approved - Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

i. All of Nichols Channel, Dung Thoro, Great Flat Thoro, Drum Thoro, Jenkins Channel, Genesis Bay, Jenkins Sound and tributaries thereof contained within a line beginning at the parking area at Shellbed Landing and continuing along the Jenkins Sound shoreline in a southwesterly direction to a Department maintained marker at the mouth of an unnamed tributary to Race Cove, then bearing approximately 126 degrees T to another Department maintained marker, then in a southeasterly direction along the Jenkins Channel shoreline excluding tributaries to Dead Thoro Point, then in a southwesterly direction to Grassy Sound Channel, then bearing approximately 118 degrees T to Nummy Island, then along that shoreline in a northeasterly direction including tributaries to Great Channel, then bearing approximately 013 degrees T to the opposite shoreline, then along the shoreline of Dung Thoro and Nichols Channel, excluding tributaries along the shoreline of Genesis Bay, then along the shoreline of Genesis Bay excluding Hetty Creek, Josh Creek, Charles Creek and Back Creek to Gunners Point, then continuing along the shoreline in a southwesterly direction to the point of origin and terminating.

ii. All of Grassy Sound Channel and Hereford Inlet from the Ocean Drive Bridge (Route 619) to a line bearing approximately 030 degrees T through F1 10S 57ft 24M at Hereford Inlet.

iii. All of Grassy Sound contained within a line beginning at the southern end of the railroad bridge in West Wildwood along the shoreline of Grassy Sound in an easterly direction, across the mouth of the Wildwood Canal and Beach Creek to a Department maintained marker at Grassy Point, then bearing approximately 257 degrees T to the northern end of the railroad bridge at Hann Point, then across Grassy Sound Channel to the point of origin at the southern end of the railroad bridge.

iv. All of the waters of Old Turtle Thorofare from the mouth of Old Turtle Thorofare at Richardson Sound and its tributaries north and east of its junction with Tempe Creek to its junction with Grassy Sound Channel.

14. Delaware Bay:

i. Bidwell Creek: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All of Bidwell Creek and tributaries downstream from the easterly side of the Route 47 bridge to its confluence with the Delaware Bay.

ii. East Point area: Conditionally Approved - Restricted May 1 through October 31 yearly. Approved November 1 through April 30 yearly:

(1) All that portion of Delaware Bay contained within a line beginning at the East Point Lighthouse with coordinates of latitude 39 degrees 11 minutes 45.0 seconds N., longitude 75 degrees 1 minute 38.0 seconds W., and bearing approximately 233 degrees T to a point with coordinates of latitude 39 degrees 11 minutes 17.3 seconds N., longitude 75 degrees 2 minutes 16.08 seconds W. in the Maurice River Approach Channel, then bearing approximately 95.4 degrees T to the marker (Department maintained) on the point of land on the west shore at the mouth of West Creek and terminating.

iii. Maurice River Cove: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly.

(1) All those waters inside of a line beginning at a point with coordinates of latitude 39 degrees 11 minutes 17.3 seconds N., longitude 75 degrees 2 minutes 16.08 seconds W., then bearing approximately 188 degrees T to flashing Green 4 second "3" (FL G 4 sec "3"), then bearing approximately 176 degrees T to a point at latitude 39 degrees 10 minutes 23.32 seconds N., longitude 75 degrees 2 minutes 19.99 seconds W., then bearing approximately 285.9 degrees T to a Department maintained marker at latitude 39 degrees 11 minutes 6 seconds N., Longitude 75 degrees 04 minutes 50 seconds W., then bearing approximately 013 degrees T to a Department maintained marker on the shoreline west of the mouth of the Maurice River, then along the shoreline in a northeasterly direction to another Department maintained marker at Latitude 39 degrees 12 minutes 52.5 seconds N., longitude 75 degrees 3 minutes 45.2 seconds W., then bearing approximately 135.4 degrees T to a Department maintained marker at Latitude 39 degrees 12 minutes 16.7 seconds N., Longitude 75 degrees 3 minutes 10.0 seconds W., then bearing approximately 135.4 degrees T to a Department maintained marker at Latitude 39 degrees 11 minutes 47.9 seconds N., Longitude 75 degrees 2 minutes 41.6 seconds W., then bearing approximately 140 degrees T to a point with coordinates of latitude 39 degrees 11 minutes 17.3 seconds N., longitude 75 degrees 2 minutes 16.08 seconds W., and terminating; and

(2) All those waters adjacent to the mouth of Oranoaken Creek and Dividing Creek, from a Department maintained marker on the shoreline approximately 605 yards southwest of the mouth of Oranoaken Creek, and bearing approximately 081 degrees T to a Department maintained marker at station 3842D (Latitude 39 degrees 12 minutes 24 seconds N., Longitude 75 degrees 05 minutes 42 seconds W.), then bearing approximately 034 degrees T to another Department maintained marker on the shore 1,040 yards east of Dividing Creek.

iv. Dividing Creek: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All of Dividing Creek and tributaries including Weir Creek lying between the line described in 7:12-3.1and a line beginning at the southernmost point of land on the west bank at the mouth of Dividing Creek and bearing 000 degrees T to the opposite shore of Dividing Creek.

v. Oranoaken Creek: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All of Oranoaken Creek and tributaries, except the connecting branches of Fortescue Creek, downstream from The Glades and south of Weir Creek to a line beginning at the eastern-most point of land on the west bank at the mouth of Oranoaken Creek and bearing approximately 090 degrees T to the opposite shore of Oranoaken Creek.

vi. Fishing Creek: Conditionally Approved -- Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All of Fishing Creek; and

vii. Fortescue Beach: Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All waters northeast of a line from the southernmost tip of Beadons Point bearing approximately 140 degrees T to the westernmost tip of a point of land just south of Raybins Beach and just north of Fishing Creek (Cumberland County).

viii. Nantuxent Cove, Back Creek, and portion of Cedar Creek and Nantuxent Creek: Conditionally Approved --Restricted May 1 through October 31 yearly, Approved November 1 through April 30 yearly:

(1) All of Nantuxent Cove north of a line beginning at the light (F1 4 sec 33 feet 6M) located at the western tip of Nantuxent Point and bearing approximately 289 degrees T to the light (F1 6 sec 30 feet 6M) located at the southern tip of Ben Davis Point, all of Back Creek and tributaries, including Tweed Creek, all of Nantuxent Creek lying downstream from the line described in 7:12-3.2 and all of Cedar Creek lying downstream from the line described in 7:12-3.2.

ix. All of the waters contained within a line beginning at a point northwest of the town of Sea Breeze at latitude 39 degrees 19 minutes 58.3 seconds N., longitude 75 degrees 19 minutes 35.0 seconds W., then bearing approximately 280 degrees T to a point at latitude 39 degrees 19 minutes 58.7 seconds W., longitude 75 degrees 19 minutes 37.7 seconds W., then bearing 178 degrees T to a point in the Delaware Bay at latitude 39 degrees 19 minutes 17.2 seconds N., longitude 75 degrees 19 minutes 36.0 seconds W., then bearing 91 degrees T to a point on the shoreline west of the town of Sea Breeze at latitude 39 degrees 19 minutes 17.2 seconds N., longitude 75 degrees 19 minutes 14.3 seconds W., then back to the point of origin and terminating;

x. All of the waters west of Dunks Point beginning at a point southwest of Dunks Point at latitude 39 degrees 21 minutes 33.4 seconds N., longitude 75 degrees 23 minutes 25.2 seconds W., then proceeding in a westerly direction to a point at latitude 39 degrees 21 minutes 33.1 seconds N., longitude 75 degrees 23 minutes 49.5 seconds W., then proceeding in a northerly direction to a point at latitude 39 degrees 22 minutes 13.6 seconds N., longitude 75 degrees 23 minutes 50.2 seconds W., then proceeding in a southeasterly direction to a point at latitude 39 degrees 22 minutes 2.4 seconds N., longitude 75 degrees 23 minutes 39.2 seconds W., then proceeding back to the point of origin and terminating;

xi. All of the waters northeast of a line from a point west of the mouth of Stow Creek at latitude 39 degrees 22 minutes 52.5 seconds N., longitude 75 degrees 24 minutes 28.3 seconds W., and bearing approximately 143 degrees T to a point northwest of the mouth of Jacobs Creek at latitude 39 degrees 22 minutes 2.4 seconds N., longitude 75 degrees 23 minutes 39.2 seconds W.

(b) The following shellfish waters are classified as Conditionally Approved, and are in the closed status from May 1 through December 31 and are in the open status from January 1 through April 30:

1. (Reserved)

2. (Reserved)

3. (Reserved)

4. Cedar Run area: Conditionally Approved -- Restricted May 1 through December 31 yearly, Approved January 1 through April 30 yearly:

i. (Reserved)

5. (Reserved)

6. Mullica River-Great Bay area: Conditionally Approved -- Restricted May 1 through December 31 yearly, Approved January 1 through April 30 yearly:

i. All of Landing Creek to its confluence with the man-made ditch leading to Scotts Landing.

7. Brigantine area: Conditionally Approved -- Restricted May 1 through December 31 yearly, Approved January 1 through April 30 yearly:

i. An area adjacent to the city of Brigantine inshore from a line beginning at the telephone pole (A4229) at the north end of 13th Street North and bearing approximately 325 degrees T through Steelman Bay to Flashing light 5 (Fl "5"), then to the northwest tip of George's Dock (1427 North Shore Drive), then proceeding in a westerly direction to the first pier end west of the Brigantine Country Club (1048 North Shore Drive), then to the pier end at 1002 North Shore Drive (next to dead end street), then to the third pier end west of the Lafayette Boulevard Street end (860 North Shore Drive), then from pier end to 800 West Shore Drive, then to pier end at 714 West Shore Drive and bearing approximately 173 degrees T into Shore Drive and bearing approximately 173 degrees T into Wading Thorofare until it intersects a line connecting Flashing lights 6 and 8 (Fl R "6" and Fl R "8") in Wading Thorofare, then along the line connecting Flashing lights 6 and 8 (Fl "6" and Fl "8") to Flashing light 8, then bearing approximately 211 degrees T to a point of land on the west shore of Bonita Tideway, then along the shoreline in a southerly direction to the first unnamed creek past Sand Creek, then bearing approximately 030 degrees T to the point of land on the opposite shore and terminating.

ii. That portion of Broad Creek immediately south of Sunflower Island (U.S.G.S. quad designation), between the Brigantine shoreline and a line from a Department maintained marker on Boot Island (U.S.G.S. quad designation) and bearing approximately 238 degrees T across Broad Creek, to another Department maintained marker on the opposite shore and terminating.

8. Great Egg Harbor River and Middle River: Conditionally Approved -- Restricted May 1 through December 31 yearly, Approved January 1 through April 30 yearly:

i. All that portion of Great Egg Harbor River and Middle River contained within a line beginning at Fl R "4" and bearing approximately 215 degrees T to a Department maintained marker on the western shoreline, then in a northwesterly direction to Middle River, then along the entire shoreline of Middle River and including its tributaries, then along the shore of Great Egg Harbor River to a Department maintained marker, then bearing approximately 028 degrees T to Fl R "8," then along the northern and/or eastern shore of Great Egg Harbor River in a downstream direction to the point of origin at Fl R "4."

9. Strathmere and Sea Isle City area: Conditionally Approved -- Restricted May 1 through December 31 yearly, Approved January 1 through April 30 yearly:

i. The area of Townsend Channel adjacent to the town of Townsends Inlet contained within a line beginning at the western end of the northernmost pier located approximately at the end of 79th St. and bearing approximately 225 degrees T to a Department maintained marker at the mouth of Middle Thorofare, then bearing approximately 171 degrees T to the southernmost pier in Townsend Channel (at the end of 94th Street) then in a northerly direction connecting the western end of the longest piers to the northernmost pier at the western end of 79th Street and terminating.

10. The Wildwoods area:

i. All of Sunset Lake south of a line beginning at a Department maintained marker at the end of Aster Street, Wildwood Crest and bearing approximately 290 degrees T to a Department maintained marker on the south end of Ephraims Island then bearing approximately 240 degrees T to a Department maintained marker at Shaw Island then along the shoreline in a westerly direction to a Department maintained marker then bearing approximately 273 degrees T across Shaw Cutoff to a Department maintained marker at the north side of the mouth of Stringaree Creek then across the mouth of Stringaree Creek to a Department maintained marker on the other side of Stringaree Creek then continuing in a westerly direction along the shoreline of Swain Channel to a point at latitude 38 degrees 58 minutes 49.7 seconds N., longitude 74 degrees 50 minutes 57.0 seconds W., then bearing approximately 182.5 degrees T to a point at latitude 38 degrees 58 minutes 41.3 seconds N., longitude 74 degrees 50 minutes 57.4 seconds W., then following the shoreline around back to the point of origin and terminating.

ii. All of the Intracoastal Waterway from a point at the mouth of Swain Channel with coordinates of latitude 38 degrees 58 minutes 49.7 seconds N., longitude 74 degrees 50 minutes 57.0 seconds W., then turning in a southerly direction at the junction the intracoastal waterway (ICW) and Swain Channel and proceeding along the shoreline of the ICW to Jarvis Sound at a point with coordinates latitude 38 degrees 58 minutes 24.9 seconds N., longitude 74 degrees 51 minutes 41.7 seconds W., then bearing approximately 137 degrees T to a point at latitude 38 degrees 58 minutes 19.9 seconds N., longitude 74 degrees 51 minutes 35.6 seconds W., then proceeding in an easterly direction to a point at the junction of the ICW and Sunset Lake with coordinates latitude 38 degrees 58 minutes 41.3 seconds N., longitude 74 degrees 50 minutes 57.4 seconds W., then bearing approximately 2.5 degrees T to the point of origin and terminating.

iii. All of the portion of Jarvis Sound beginning at a point at latitude 38 degrees 58 minutes 25.0 seconds N, longitude 74 degrees 51 minutes 41.8 seconds W, then continuing along the shoreline in a southerly direction to a Department maintained marker on the north side of the mouth of Meadow Creek then bearing approximately 239 degrees T to a Department maintained marker on the south side of Meadow Creek then continuing in a southerly direction to a Department maintained marker on the north side of the mouth of Punyard Creek and bearing approximately 222 degrees T across to a Department maintained marker north of the mouth of Upper Thorofare at latitude 38 degrees 58 minutes 12.4 seconds N, longitude 74 degrees 52 minutes 39.1 seconds W, then bearing approximately 136 degrees T to a Department maintained marker at latitude 38 degrees 57 minutes 54.7 seconds N, longitude 74 degrees 52 minutes 16.6 seconds W, then bearing approximately 136 degrees T to a Department maintained marker at latitude 38 degrees 57 minutes 38.4 seconds N, longitude 74 degrees 51 minutes 56.6 seconds W, then continuing along the shoreline in a northerly direction to a Department maintained marker at the south side of the mouth of Shell Thorofare and bearing approximately 330 degrees T across the mouth of Shell Thorofare to the other side then continuing along the shoreline of the ICW in a northerly direction to a point at latitude 38 degrees 58 minutes 20.0 seconds N, longitude 74 degrees 51 minutes 35.7 seconds W, and bearing approximately 317 degrees T back to the point of origin and terminating.

N.J. Admin. Code § 7:12-4.1

Amended by 48 N.J.R. 1911(a), effective 9/19/2016