N.J. Admin. Code § 7:7-4.18

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

Section 7:7-4.18 - Permit-by-rule 18 - placement of shellfish cages within a shellfish lease area

(a) This permit-by-rule authorizes the placement of shellfish cages in an area subject to a valid shellfish lease pursuant to N.J.S.A. 50:1-23. Upon expiration or termination of the shellfish lease, or the cessation of the use of shellfish cages, whichever occurs first, within five days the permittee shall remove all shellfish cages placed within the lease area. Activities that qualify for this permit-by-rule also qualify for a water quality certificate pursuant to Section 401 of the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq. The placement of shellfish cages shall comply with the following:

1. There shall be a minimum of four feet of water between the top of any cage and the water surface at mean low water;

2. The cages shall be continuously checked and repaired to ensure that they are not displaced off the lease area;

3. The cages shall be constructed of non-polluting materials; and

4. No activity undertaken pursuant to the permit-by-rule shall prevent the catching and taking of free swimming fish from the tidal waters of the State in any lawful manner pursuant to N.J.S.A. 50:1-33.

N.J. Admin. Code § 7:7-4.18

Renumbered from 7:7-7.2(a)(19) by 47 N.J.R. 1392(a), effective 7/6/2015