N.J. Admin. Code § 7:12-9.8

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

Section 7:12-9.8 - Permit for the Harvest of Hard Clams or Oysters from Restricted Waters and Relay to Approved Waters

(a) The Permit for the Harvest of Hard Clams or Oysters from Restricted Waters and Relay to Approved Waters authorizes the harvest of hard clams or oysters from waters classified as Restricted for relay to a relay lease(s) in waters classified as Approved for purposes of reduction of pathogens prior to direct marketing.

(b) In addition to the completed Consolidated Permit Application form and the application fee required under 7:12-9.3, an applicant for a Permit for the Harvest of Hard Clams or Oysters from Restricted Waters and Relay to Approved Waters shall submit:

1. A copy of a valid shellfish license; and

2. A copy of a relay lease(s) issued pursuant to N.J.A.C. 7:25-15.

(c) The Permit for the Harvest of Hard Clams or Oysters from Restricted Waters and Relay to Approved Waters is subject to the following specific requirements and conditions:

1. The only shellfish that may be harvested and relayed under this permit are hard clams (Mercenaria mercenaria) or oysters (Crassostrea virginica) as specified in the issued permit document.

2. Area(s) of harvest are limited to those specified on the chart attached to the issued permit document or amended charts sent by the Bureau to the current mailing address of permittee on record with the Bureau.

3. The permittee shall harvest and plant according to the schedule of harvest and planting dates, with landing sites and off-loading sites, provided by the Bureau.

4. Twenty-four hours prior to a scheduled harvest date, the permittee shall provide the Department's Division of Fish and Wildlife, Bureau of Law Enforcement, Marine Region, at 609-748-2050 with a description of the vehicle(s) (year, make, model, and license plate number) that will be used to transport the hard clams or oysters and the proposed transport route.

5. Upon completion of the day's harvesting, the permittee shall place all harvested hard clams or oysters in bushel bags. The permittee shall affix to each bag a tag clearly marked "Relay" and including the harvester's name, relay permit number, and harvest date. Any shellfish not in bags tagged for Relay shall be deemed to have been harvested from waters classified as Restricted.

6. The permittee shall place the tagged bags of hard clams or oysters in the authorized vehicle(s) for transport at the landing site. The vehicle compartment containing the tagged bags will be sealed by the Department's Division of Fish and Wildlife, Bureau of Law Enforcement, Marine Region, at the landing site. The permittee shall drive the vehicle(s) via the specified transport route to the specified off-loading site, where the Marine Region will unseal the vehicle compartment. At the off-loading site, the permittee shall move the tagged bags to the vessel and proceed to the relay lease(s). At the relay lease(s) the permittee shall remove the hard clams or oysters from the tagged bags and plant the hard clams or oysters.

7. No hard clams or oysters shall be harvested for direct marketing from a relay lease until the permittee requests and receives written permission for harvest from the Bureau. The following conditions shall be met in order for the harvest to be permitted:

i. The hard clams or oysters shall have been on the relay lease for at least 30 days; and

ii. The water temperature during the 30-day period shall have been at or above 10 degrees Celsius (50 degrees Fahrenheit).

8. The permitee shall have the issued permit document in possession while conducting activities authorized under this permit.

9. Each vessel used by a permittee conducting activities under this permit shall be marked, on both sides (amidships), with legible black lettering (minimum six inches in height) on a white background, giving the permittee's first initial and last name and permit number.

10. Only the permittee shall remove shellfish from the relay lease(s).

N.J. Admin. Code § 7:12-9.8

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