N.J. Admin. Code § 7:25A-1.10

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

Section 7:25A-1.10 - Requirements and conditions for commercial harvest of oysters with tongs

(a) No person shall catch, take or attempt to catch or take by tonging or by any hand-operated device any oysters in the Delaware River, Delaware Bay and their tributaries without first obtaining a commercial shellfish license required by N.J.S.A. 50:2-2 and, if applicable, oyster harvest tags as described in (c) below. In specific areas of the Delaware River, Delaware Bay and their tributaries, as described at N.J.S.A. 50:3-14 and 50:3-16.3, oysters may be harvested by hand tongs only.

(b) The commercial harvest of oysters with tongs from Delaware River, Delaware Bay and their tributaries, excluding the leased areas, shall be subject to the following requirements.

1. All oysters harvested using tongs shall be landed in their shells and shall be containerized in one-bushel containers. Each container shall be tagged with tags obtained from the Division. Tags shall be affixed to containers immediately upon use, regardless of the volume of oysters placed in the container. Tags shall be used sequentially as issued. Tags shall remain in place until the oysters are landed and officially delivered for sale by the harvester to the oyster dealer, at which point the exact number of bushels offloaded shall be recorded on the oyster dealer's weekly report as described in N.J.A.C. 7:25A-1.12.

2. No container shall be tagged prior to being filled with oysters. Tags affixed to empty containers shall be subject to removal and confiscation by Division personnel. No empty container with tags affixed shall be placed onboard any vessel being prepared to harvest oysters.

3. A harvester, or any other person aboard any vessel employed in the harvesting of oysters with tongs, shall immediately comply with instructions and signals issued by an authorized law enforcement officer or other Division representative and comply with his or her instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, and catch for the purpose of enforcement of this subchapter.

(c) Commercial shellfish license holders harvesting oysters with tongs shall pay a landing fee for each bushel of oysters landed in accordance with N.J.A.C. 7:25A-1.8(a). Tags will be available from the Division's Delaware Bay Office in batches of 50 or more. Tags provided under this section shall be valid only for the season for which issued and are non-transferable. Refunds will not be given for unused tags.

N.J. Admin. Code § 7:25A-1.10

New Rule, R.2010 d.132, effective 7/6/2010.
See: 41 N.J.R. 2167(a), 42 N.J.R. 1362(a).
Former N.J.A.C. 7:25A-1.10, Review, recodified to N.J.A.C. 7:25A-1.16.