N.J. Admin. Code § 7:7-6.30

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

Section 7:7-6.30 - General permit 30 - commercial shellfish aquaculture activities

(a) This general permit authorizes the construction and/or placement and maintenance of shellfish aquaculture equipment, including floating upwellers, shellfish rafts, racks and bags, lantern nets, and cages, provided:

1. The structures are located in an area with a valid shellfish lease authorized under N.J.S.A. 50:1-23;

2. The structures are not located within submerged infrastructure routes, N.J.A.C. 7:7-9.12, shipwreck and artificial reef habitat, N.J.A.C. 7:7-9.13, or wetlands, N.J.A.C. 7:7-9.27;

3. The structures are not located within 50 feet of any designated navigation channel, unless it is demonstrated that the proposed structure will not hinder navigation. The placement of structures within designated navigation channels is prohibited;

4. The boundaries of the area where the structures are placed are clearly marked in accordance with US Coast Guard requirements for regulatory and informational markers (US Coast Guard "U.S. Aids to Navigation System" http://uscgboating.org/regulations/navigation-rules.php). Specifically, the corners of the footprint of the area where the structures are placed must be marked with buoys or stakes;

5. The structures are constructed of non-polluting materials:

6. The structures are properly secured; and

7. No activity undertaken pursuant to this general permit 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.

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

(c) Prior to the commencement of activities authorized by this general permit, the permittee shall notify the Department's Bureau of Shellfisheries in writing:

1. For Atlantic Coast Shellfish Leases:

Nacote Creek Shellfish Office

PO Box 418

Port Republic, NJ 08241

2. For Delaware Bay Shellfish Leases:

Delaware Bay Shellfish Office

1672 East Buckshutem Road

Millville, NJ 08332

(d) The notification under (c) above shall contain the following information:

1. A copy of the permit and associated plans;

2. The shellfish lease number;

3. The shellfish species to be cultured; and

4. The estimated date of commencement of activities.

N.J. Admin. Code § 7:7-6.30

Renumbered from 7:7-7.35 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018