N.J. Admin. Code § 7:25-14.20

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:25-14.20 - Penalties

(a) Any person violating any of the provisions of this subchapter relating to crabs shall be liable to the penalties provided by N.J.S.A. 23:2B-14 except for (b), (c) and (d) below.

(b) Any person not having a valid license in possession or failing to exhibit same for inspection by an authorized law enforcement officer while tending a pot or trot line or dredging crabs, or violating the provisions of N.J.A.C. 7:25-14.5(a)1 or 2 or 14.6 shall be liable to a penalty of $30.00 for the first offense and $50.00 for each subsequent offense.

(c) Any person failing to check crab pots at least once every 72 hours pursuant to N.J.A.C. 7:25-14.2(d) shall be liable to a penalty of $30.00 for each pot in violation.

(d) Any person violating the provisions of N.J.A.C. 7:25-14.9 or 14.10 shall be liable to a penalty of $30.00 for each crab taken or had in possession.

(e) Any person using or possessing a crab pot which does not contain a biodegradable panel or other mechanism specified in N.J.A.C. 7:25-14.1 shall be subject to a penalty of $30.00 for each pot in violation.

(f) Any person dredging crabs outside of the "crab dredge area" or dredging crabs on unauthorized marked leased shellfish grounds pursuant to N.J.A.C. 7:25-14.7(b) shall be subject to the penalties provided by N.J.S.A. 23:2B-14 in addition to a mandatory 12 month crab dredge license privilege revocation and seizure of the entire catch in possession. The commercial licensee shall be held liable and subject to license privilege revocation and catch seizure for violations actually committed by an agent based upon the apparent authority of the agent to act for his or her principal.

(g) Any person violating the provisions of N.J.A.C. 7:25-14.13, lobster size, tail size and landing of lobster parts; N.J.A.C. 7:25-14.14, possession limits; N.J.A.C. 7:25-14.15, prohibition of egg-bearing lobsters, v-notched female lobsters and the prohibition of the use of a penetrating device; N.J.A.C. 7:25-14.16, eligibility for a lobster pot permit and pot allocation; N.J.A.C. 7:25-14.17, lobster pot tag program; N.J.A.C. 7:25-18.5(g)11 i, lobster pot maximum size or N.J.A.C. 7:25-18.5(g)11 iv, escape vents, shall be subject to a penalty of $30.00 for each lobster, lobster part or lobster pot in violation.

(h) Failure to comply with the provisions of N.J.A.C. 7:25-14.13, lobster size, tail size, and landing of lobster parts; N.J.A.C. 7:25-14.15, prohibition of egg-bearing lobsters, v-notched female lobster; N.J.A.C. 7:25-14.16, eligibility for a lobster pot permit and pot allocation; N.J.A.C. 7:25-14.17, lobster pot tag program; N.J.A.C. 7:25-18.5(g)11 ii, lobster pot maximum size; or N.J.A.C. 7:25-18.5(g)11 vii, escape vents, shall result in the suspension during the period which extends from April 1 to November 30, or revocation of the vessel's lobster pot permit and/or the lobster pot license of the operator according to the following schedule:

1. First offense: 60 days suspension;

2. Second offense: 120 days suspension;

3. Third offense: permanent revocation.

4. In calculating the period of suspension or revocation applicable under (h)1 through 3 above, the number of previous suspensions shall be reduced by one for each three-year period in which the permit holder does not commit any other violation subject to this subsection, provided, however, that if more than one suspension is imposed within a three-year period, only one of those suspensions may be forgiven under this paragraph; therefore, a permit holder who incurs more than one suspension within a three-year period shall not be considered a first offender under this subsection regardless of the length of any subsequent period without violation. The reduction in suspensions provided in this paragraph applies only to determination of suspension periods; all prior suspensions shall be taken into account in calculating monetary penalties in accordance with N.J.S.A. 23:2B-14.

(i) Pursuant to N.J.S.A. 23:10-21 and 21.1, any gear used in violation of the provisions of this subchapter may be seized and forfeited.

(j) The assessment of any administrative penalty shall not preclude the Department from prosecuting for a larger amount in the event the administrative penalty is not paid by the time requested.

(k) Nothing in this section shall require the Department to assess an administrative penalty before instituting prosecution.

N.J. Admin. Code § 7:25-14.20

Amended by R.1982 d.169, effective 6/7/1982.
See: 13 New Jersey Register 645(a), 14 New Jersey Register 578(a).
Added (c).
Amended by R.1985 d.560, effective 11/4/1985.
See: 17 New Jersey Register 1830(a), 17 New Jersey Register 2608(a).
"Or" substituted for "of".
Recodified from 7:45-14.8 and amended by R.1994 d.152, effective 3/21/1994.
See: 25 New Jersey Register 4831(a), 26 New Jersey Register 1337(b).
Recodified from N.J.A.C. 7:25-14.13 and amended by R.1999 d.52, effective 2/16/1999.
See: 30 New Jersey Register 3881(a), 31 New Jersey Register 538(a).
Rewrote the section.
Recodified from N.J.A.C. 7:25-14.18 and amended by R.2000 d.10, effective 1/3/2000.
See: 31 New Jersey Register 2555(a), 32 New Jersey Register 48(a).
In (a) and (b), changed N.J.A.C. references; an in (f), inserted references to N.J.A.C. 7:25-14.16 and N.J.A.C. 7:25-14.17.
Administrative correction.
See: 32 New Jersey Register 801(a).
Amended by R.2000 d.395, effective 10/2/2000.
See: 31 New Jersey Register 2555(a), 32 New Jersey Register 3592(b).
In (a) and (b), changed N.J.A.C. references; inserted a new (f); recodified former (f) as (g), and inserted references to N.J.A.C. 7:25-14.16 and 7:25-14.17; inserted a new (h); and recodified former (h) through (j) as (i) through (k).
Amended by R.2004 d.20, effective 1/5/2004.
See: 35 New Jersey Register 4224(b), 36 New Jersey Register 174(b).
Amended the reference for dollar amount throughout, amended N.J.A.C. reference in (d).
Administrative correction.
See: 36 New Jersey Register 3276(a).
Amended by R.2005 d.413, effective 11/21/2005.
See: 37 New Jersey Register 742(a), 37 New Jersey Register 4408(a).
Added "during the period which extends from April 1 to November 30," to the introductory paragraph of (h); added (h)4.