N.J. Admin. Code § 7:12-9.7

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

Section 7:12-9.7 - Permit for the Harvest of Surf Clams from Prohibited Waters for Bait

(a) The Permit for the Harvest of Surf Clams from Prohibited Waters authorizes the harvest of surf clams from waters in the Atlantic Ocean classified as Prohibited for bait 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 the Harvest of Surf Clams from Prohibited Waters for Bait shall submit:

1. A copy of a valid shellfish license; and

2. The vessel name , State registration number, and mooring location.

(c) The Permit for the Harvest of Surf Clams from Prohibited Waters for Bait is subject to the following specific requirements and conditions:

1. The only shellfish that may be harvested under this permit are surf clams (Spisula solidissima).

2. Areas of harvest are limited to the Prohibited waters in the Atlantic Ocean.

3. The harvested surf clam shall be used only for bait and shall not be used or sold for human consumption.

4. The permittee is responsible for informing all employees of the risks associated with consumption of shellfish from waters classified other than Approved.

5. The harvester shall have the issued permit document in possession while working in the specified areas.

6. While harvesting in the specified areas, a yellow pennant, visible at a one nautical mile distance, shall be flown.

7. All clams taken from the specified areas shall be containerized with a tag (at least 2 3/8 inches by 4 3/4 inches; yellow with dark printing) affixed to each container stating: "CLAMS HARVESTED FROM PROHIBITED WATERS FOR BAIT PURPOSES ONLY. NOT TO BE USED FOR HUMAN CONSUMPTION. TAG NOT TO BE REMOVED FROM CONTAINER UNTIL CONTAINER IS EMPTY." In addition, the tag shall state the NAME and ADDRESS of the harvester and the DATE and QUANTITY of the sale. Said tag shall remain affixed to each container until the container is empty.

8. All harvested clams shall be stored securely and not where food for human consumption is stored.

9. The vessel shall not be used to harvest surf clams for bait on the same date as surf clams for direct marketing and the vessel shall be thoroughly cleaned between harvesting surf clams for bait and harvesting surf clams for direct marketing.

10. Records of sales of bait clams harvested including customer's name, date, and quantity of sale shall be maintained for a period of not less than one year.

11. The permittee shall telephone the Department's Division of Fish and Wildlife, Bureau of Law Enforcement, Marine Region, at 609-748-2050 prior to harvesting surf clams for bait. Information is to include permit number, identity of person calling, description of vessel(s) being utilized, location of harvest, and contact number for the person calling.

N.J. Admin. Code § 7:12-9.7

Amended and recodified from 7:12-9.4 by 48 N.J.R. 1911(a), effective 9/19/2016