N.J. Admin. Code § 7:7-12.2

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

Section 7:7-12.2 - Shellfish aquaculture

(a) Shellfish aquaculture means the propagation, rearing, and subsequent harvesting of shellfish in controlled or selected environments, and the processing, packaging, and marketing of the harvested shellfish. Shellfish aquaculture includes activities that intervene in the rearing process to increase production such as stocking, feeding, transplanting, and providing for protection from predators. For the purposes of this section, shellfish means any species of benthic mollusks including hard clams (Mercenaria mercenaria), soft clams (Mya arenaria), surf clams (Spisula solidissma), bay scallops (Aequipectin irradians), and oysters (Crassostrea virginica). Shellfish shall not include conch, specifically, knobbed whelks (Busycon carica), lightning whelks (Busycon contrarium), and channeled whelks (Busycotypus canaliculatus).

(b) Shellfish aquaculture is encouraged in all general water areas as defined at N.J.A.C. 7:7-12.1, provided the activity:

1. Does not unreasonably conflict with other marine uses;

2. Does not cause adverse environmental impacts;

3. Does not present a hazard to navigation. A hazard to navigation includes all potential impediments to navigation, including access to adjacent moorings, water areas and docks and piers;

4. Does not prevent the catching and taking of free swimming fish from the tidal waters of the State in any lawful manner, in accordance with N.J.S.A. 50:1-33; and

5. Is located in an area for which the person conducting the activity holds a valid shellfish lease pursuant to N.J.S.A. 50:1-23.

(c) Upon expiration or termination of a shellfish lease, or the cessation of aquaculture activities, whichever occurs first, the permittee shall within five days remove all structures relating to the aquaculture activity placed within the lease area.

(d) Rationale: Aquaculture is a means of food production which can be at least as efficient as land-based agriculture. It is, therefore, encouraged provided that it does not unreasonably affect the coastal recreational economy, the coastal ecosystem or navigation. Aquaculture is considered one the fastest growing food-producing sectors and in 2011, it accounted for nearly 50 percent of the worldwide production of aquatic food products. In 2011, there were 189 shellfish leaseholders who held 775 individual leases which occupied 2,154 acres and 30,137 linear feet of bottom in New Jersey's Atlantic coastal bays and rivers. Additionally, there were 86 leaseholders who held 920 shellfish leases occupying 32,124 acres in Delaware Bay. The predominant species of shellfish produced are hard clams and oysters. Shellfish aquaculture is vital to the economy in the coastal communities of New Jersey as it was worth $ 4.50 million dockside in 2007 (USDA 2008) for hard clams and oysters. In addition, New Jersey shellfish are shipped throughout the United States and sold at retail locally.

N.J. Admin. Code § 7:7-12.2

Renumbered from 7:7E-4.2 by 47 N.J.R. 1392(a), effective 7/6/2015