N.J. Admin. Code § 7:12-9.11

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

Section 7:12-9.11 - Permit for Shellfish Restoration and/or Enhancement in Waters Other Than Approved

(a) The Permit for Shellfish Restoration and/or Enhancement in Waters Other Than Approved authorizes the gardening of shellfish at a single site in waters other than Approved by a non-profit organization or government agency for purposes of restoring or enhancing the shellfish resource or enhancing water quality, and not for human consumption.

(b) In addition to the completed Consolidated Permit Application form and application fee required under 7:12-9.3, an applicant for a Permit for Shellfish Restoration and/or Enhancement in Waters Other Than Approved shall submit:

1. A copy of a valid Scientific Collecting Permit issued by the Department's Division of Fish and Wildlife allowing the collection of the species for which the applicant seeks the Permit for Shellfish Restoration and/or Enhancement in Waters Other Than Approved; and

2. A project overview that includes the following:

i. The name of the project manager, and the names of all participants, identifying each participant's roles and responsibilities in the project;

ii. A detailed description of the objective(s) of the project;

iii. The name(s) and location of the waters where the project is proposed to be conducted and the classification(s) of those waters under this chapter;

iv. The anticipated length of time to accomplish the project, including intended start and finish dates;

v. A description of the design of the project, including considerations of site selection, source of shellfish (wild versus hatchery stock), minimizing predation, spatial arrangement, and shellfish density;

vi. A description of the type of structure(s), or alteration or enhancement of the bottom, to facilitate the growth of shellfish, for example, reef bags, reef balls, cages, broad-scale placement of shell at high density, and reefs;

vii. A map indicating the location of any structure(s), including GPS coordinates;

viii. The species and size, and estimated number of shellfish to be used over the course of the project, and if a multi-year project is anticipated, the species and size, and estimated number of shellfish to be used each year;

ix. The criteria by which success of the project is to be measured with respect to the objectives;

x. The method(s) and schedule for monitoring shellfish growth and health;

xi. A schedule for maintenance activities;

xii. A security plan that ensures adequate controls are in place to prevent the unauthorized harvest of shellfish. The minimum requirements for the security plan are:

(1) Continuous surveillance and patrol (24 hours/day, 365 days/year) of the project site. Where the surveillance and patrol are provided by an entity other than the permittee, evidence that the entity has entered into a legally binding agreement with the permittee to provide the surveillance and patrol;

(2) Provisions requiring immediate notification of law enforcement in the event of any security breach or emergency; and

(3) Other security measures based on site-specific circumstances, such as signs, fencing, or structures that limit access to the site or to the shellfish; and

xiii. Where the project is being continued from the previous year, the Project Summary Report described at (d) below for that previous year.

(c) A Permit for Shellfish Restoration and/or Enhancement in Waters Other Than Approved is subject to the following specific requirements and conditions:

1. The shellfish shall be used only for the purposes of the restoration and/or enhancement project described in the project overview and shall not be used for human consumption.

2. The permittee shall use only the species, size, and numbers of shellfish specified in the issued permit document.

3. The permittee shall conduct gardening activities only in the locations specified in the issued permit document.

4. The permittee shall not modify any aspect of the project without prior written approval from the Department.

5. The permittee is responsible for informing all participants in the project that any collected shellfish shall not be used for human consumption and of the risks associated with consumption of shellfish from waters classified other than Approved.

6. The permittee shall provide an updated list of participants when any participant joins or leaves the project.

7. The permittee shall keep records of the disposition of all shellfish.

8. The permittee shall not conduct any activities under the permit until the Security Plan is implemented.

9. The permittee shall immediately telephone the Department at (877) WARN DEP (927-6337) regarding any theft of shellfish, tampering with structures, or significant shellfish mortality.

10. The permittee shall remove shellfish from the project site only for the purposes described in the project overview.

i. The permittee shall telephone the Department's Division of Fish and Wildlife, Bureau of Law Enforcement, Marine Region, at 609-748-2050 at least 24 hours before removing any shellfish and provide the following information: the permit number, the identity of person calling, a description of vessel(s) being utilized, and a contact number for the person calling.

11. The project manager shall have the issued permit document in possession when removing shellfish as part of the project.

(d) Except as provided at (b)2xiv above, the permittee shall submit a Project Summary Report to the Bureau at the address at 7:12-1.1(l), no later than 60 days after the end of the period of validity specified in the issued permit document. The Project Summary Report shall include a description of the materials and methods used; results with, as appropriate, tables and graphs summarizing the data collected; and a discussion analyzing the results as they relate to the objective of the project.

N.J. Admin. Code § 7:12-9.11

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