N.J. Admin. Code § 7:25-22.6

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

Section 7:25-22.6 - Transferability of certain licenses

(a) Upon application to and approval by the Division, the holder of a Menhaden Purse Seine Fishing Vessel License, a Menhaden Landing License, or a Menhaden Personal Use and Limited Sale License may transfer the license as follows:

1. To a replacement vessel when the vessel named in the license is replaced by the licensee;

2. To a new owner of the vessel named in the license when the vessel is sold or otherwise transferred to another person; or

3. If the Menhaden Landing licensee uses a bait net and has no vessel, to any person.

(b) The following limitations shall apply to a license transfer:

1. A license shall only be transferrable to a replacement vessel that employs the same type of fishing gear identified in the original license;

2. A license that is applicable to a purse seine catch vessel, including the Menhaden Landing License designated as a purse seine-catch, shall only be transferrable to a replacement purse seine catch vessel, and a license that is applicable to a purse seine carry vessel shall only be transferrable to a replacement purse seine carry vessel;

3. A license that is applicable to a purse seine catch vessel or a purse seine carry vessel shall be transferrable to a replacement vessel only if the replacement vessel is not more than 10 percent larger in overall length and has an engine no more than 20 percent more powerful in terms of horsepower, than the originally licensed vessel.

4. A license that is applicable to a purse seine carry vessel shall be transferrable to a replacement carry vessel only if the replacement carry vessel has a hold capacity no more than 10 percent larger than the originally licensed carry vessel.

i. Hold capacity for both the current carry vessel and the new carry vessel shall be determined by one of the persons or entities listed at N.J.A.C. 7:25-22.4(b)2vi. Proof of the hold capacity shall be in the form of a certification and shall be submitted to the Division at the time of application for a license transfer.

(c) A person who transfers a Menhaden Landing License or Menhaden Personal Use and Limited Sale License shall no longer be eligible to obtain a Menhaden Landing License or a Menhaden Personal Use and Limited Sale License based upon the landing history of the vessel being sold.

(d) An applicant for a license transfer shall complete and submit the application to the Department at the address provided at N.J.A.C. 7:25-22.5(o), and no license shall be transferred without the prior approval of the Department.

(e) A license shall not be eligible for transfer if:

1. The license is pending suspension or has been suspended; or

2. The licensee is subject to court action for a violation.

N.J. Admin. Code § 7:25-22.6

Adopted by 53 N.J.R. 2139(a), effective 12/20/2021