N.J. Admin. Code § 7:25-6.10

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

Section 7:25-6.10 - Baitfish

(a) Any person, who has a fishing license or is under the age of 16 or over 70 years of age, may take up to 35 baitfish, except Alewife and/or Blueback Herring, per person per day from the freshwaters of the State. Alewife and Blueback Herring may only be possessed, taken, attempted to be taken, sold, or purchased in accordance with (b) through (d) below. Except as provided in (d) below, no person shall possess, in any location, more than one day's limit, regardless of when the fish were taken and whether the fish are intended to be used as bait or food.

(b) The possession, take, attempt to take, sale, or purchase of Alewife or Blueback Herring from any freshwater stream or river is prohibited.

(c) Up to 35 Alewife or Blueback Herring, no greater than six inches in length, may be taken for personal use from freshwater lakes in Morris, Passaic, Sussex, and Warren Counties, and from Spruce Run Reservoir, located in Hunterdon County. Landlocked herring taken from lakes within these counties may only be used on the lake from which they were taken, on the day they were taken. Any unused herring must be returned to the waterbody upon the conclusion of the angler's fishing trip on the day that they were taken. Landlocked herring taken pursuant to this subsection shall not be transported away from the shoreline of the lake by any mechanism. They shall not be sold.

(d) In freshwater lakes, other than those specified in (c) above, only purchased herring, no greater than six inches in length, may be possessed for up to seven days from date of purchase, when accompanied by a receipt. The receipt must list the name, address, and telephone number of the place of purchase, the date of purchase, and the quantity purchased. This receipt must be without erasures or alterations of any kind and must have a control number. Purchased herring may be possessed in excess of the daily limit.

(e) Except as provided for in trout-stocked waters listed in N.J.A.C. 7:25-6.3 through 6.9 and (f) below, baitfish, except for Alewife and Blueback Herring, up to the daily limit may be taken from freshwaters of the State by the following means: hook and line; dip net not more than 24 inches in diameter; minnow traps not larger than 24 inches in length with a funnel mouth no greater than two inches in diameter; a cast net no greater than eight feet in diameter, and an umbrella net no greater than 3.5 feet square.

1. Seines may also be used subject to the following limitations:

i. In lakes and ponds under 100 acres, the seine shall not be over 30 feet in length.

ii. In lakes at or over 100 acres, the seine shall not be over 50 feet in length.

iii. In streams, the seine shall not exceed 30 feet in length, or one-half the width of the stream at the point of use, whichever is less.

(f) In trout-stocked waters and special regulation areas, listed in N.J.A.C. 7:25-6.3 to 6.9, it is prohibited to net, trap, or attempt to net or trap baitfish from the pre-season closure through June 15 except where the taking is otherwise provided for in this subchapter. For the remainder of the year, baitfish, except for Alewife and Blueback Herring, up to the daily limit, may be taken with a seine not over 10 feet in length and four feet in depth or a minnow trap not larger than 24 inches in length with a funnel mouth no greater than two inches in diameter or an umbrella net no greater than 3.5 feet square. The use of cast nets is not permitted in these waters at any time.

(g) Baitfish other than alewife (anadromous and landlocked) and blueback herring may be taken from the freshwaters of the State, in numbers greater than the daily limit for the purpose of sale under special permit issued by the Division in its discretion. Alewife may be taken from lakes, 250 acres or greater, in numbers greater than the daily limit for the purpose of sale, under special permit issued by the Division in its discretion.

1. In lakes and ponds under 100 acres, a seine not over 30 feet in length may be used, and in lakes over 100 acres, a seine not over 50 feet in length may be used. Minnow traps not larger than 24 inches in length with a funnel mouth no greater than two inches in diameter, and an umbrella net no greater than 3.5 feet square may be used in any of the freshwaters of the State.

2. To obtain a special permit, an application may be obtained from:

New Jersey Division of Fish and Wildlife

Bureau of Freshwater Fisheries

PO Box 394

Lebanon, New Jersey 08833

3. Applications shall be directed to:

New Jersey Division of Fish and Wildlife

Bureau of Freshwater Fisheries

PO Box 394

Lebanon, NJ 08833-0394

4. The permittee shall agree to:

i. Submit harvest reports by the 15th day of the following month;

ii. Return species, other than baitfish, to the water immediately and unharmed;

iii. Display name and address on any devices left in the water unattended;

iv. Operate only one device per permit;

v. Be present during the operation of the device;

vi. Not transfer the permit to other operators;

vii. Notification of, and permission from, the owner of the waterbody named in the application or the administering agency if that waterbody is publicly owned; and

viii. Comply with any local ordinances or other State laws or regulations.

N.J. Admin. Code § 7:25-6.10

Amended by R.1995 d.573, effective 11/6/1995 (operative January 1, 1996).
See: 27 N.J.R. 2657(a), 27 N.J.R. 4288(a).
Amended by R.1996 d.493, effective 10/21/1996 (operative January 1, 1997).
See: 28 N.J.R. 3495(a), 28 N.J.R. 4602(a).
Amended by R.1997 d.538, effective 12/15/1997 (operative January 1, 1998).
See: 29 N.J.R. 3217(a), 29 N.J.R. 5289(a).
Amended by R.1998 d.541, effective 11/16/1998 (operative January 1, 1999).
See: 30 N.J.R. 2552(a), 30 N.J.R. 4037(b).
Added a new (a); recodified former (a) through (d) as (b) through (e); in the new (b), changed N.J.A.C. and internal citation references in the first sentence; and in the new (c), substituted a reference to March 21 for a reference to March 23 in the first sentence.
Amended by R.1999 d.420, effective 12/6/1999 (operative January 1, 2000).
See: 31 N.J.R. 1839(a), 31 N.J.R. 4013(a).
In (c), substituted a reference to March 19 for a reference to March 21.
Amended by R.2000 d.462, effective 11/20/2000 (operative January 1, 2001).
See: 32 N.J.R. 2532(a), 32 N.J.R. 4103(b).
In (c), substituted a reference to March 18 for a reference to March 19.
Amended by R.2001 d.73, effective 3/5/2001.
See: 32 N.J.R. 4435(a), 33 N.J.R. 874(a).
Amended by R.2001 d.478, effective 12/17/2001 (operative January 1, 2002).
See: 33 N.J.R. 2748(a), 33 N.J.R. 4337(a).
Rewrote (b) and (c); in (d), inserted ", a cast net no greater than eight feet in diameter," following "hook and line"; in (e), substituted "lakes, 250 acres or greater" for "the freshwaters of the State".
Amended by R.2002 d.379, effective 11/18/2002 (operative January 1, 2003).
See: 34 N.J.R. 1789(a), 34 N.J.R. 3963(a).
In (c), substituted "March 23" for "March 24".
Amended by R.2003 d.472, effective 12/1/2003 (operative January 1, 2004).
See: 35 N.J.R. 2977(a), 35 N.J.R. 5372(a).
In (c), substituted "March 22 through" for "March 23 to"; in (e), rewrote the introductory paragraph, and 1.
Amended by R.2004 d.451, effective 12/6/2004 (operative January 1, 2005).
See: 36 N.J.R. 3463(b), 36 N.J.R. 5400(a).
In (a), substituted "under the age of 16 or over 70 years of age" for "entitled to fish without a license" preceding "may take up to 35 baitfish per day"; in (b), substituted "a trout stocked water or" for "classified as" following "provided it is not", added N.J.A.C. reference at the end; in (e), added a new 1, recodified former 1 through 3 as 2 through 4.
Amended by R.2008 d.65, effective 3/17/2008.
See: 39 N.J.R. 4988(a), 40 N.J.R. 1635(b).
Rewrote (e)4i.
Amended by R.2010 d.013, effective 1/4/2010.
See: 41 N.J.R. 3004(a), 42 N.J.R. 63(a).
Rewrote (a) through (d); and in the introductory paragraph of (e), substituted "the daily limit" for "35 per day" twice.
Amended by R.2014 d.029, effective 2/3/2014.
See: 45 N.J.R. 2078(a), 46 N.J.R. 281(b).
Rewrote the section.