N.J. Admin. Code § 7:25-22.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:25-22.3 - Atlantic menhaden annual quota and season

(a) The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify the annual quota as determined by the Atlantic States Marine Fisheries Council, seasons, annual quota allocation, including modifying gear categories and the quota allocation by gear-type, incidental catch allowance, application of the incidental catch allowance to the annual quota, reporting requirements, trip limits, or gear marking requirements specified in this subchapter by notice in order to maintain consistency with any fishery management plan approved by the Atlantic States Marine Fisheries Council or to maintain consistency with fishery management plan approved by the Mid-Atlantic Fishery Management Council, the New England Fishery Management Council, or the South Atlantic Fishery Management Council and adopted by the National Marine Fisheries Service to provide for the optimal utilization of any quotas specified in this section. The Commissioner will review the catch rate in relation to the season quota and, if harvest data indicate that upward adjustments in harvest control measures are warranted to maximize utilization of the available quota within a specific season for a specific fishery, may adjust the above specified control measures to achieve optimal utilization of the total allowable catch. The Department shall publish notice of any such modification in the New Jersey Register, on the Department's website, through email to every menhaden license holder, and in the Division's commercial regulation publication. All such notices shall be effective when the Department files the notice with the Office of Administrative Law, or as specified otherwise in the notice.

(b) The Atlantic menhaden annual quota shall be divided among the various gear types, with the purse seine fishery being allocated 95 percent of the quota, and pound nets, wire pound nets, gill nets, trawls, bait nets, and other authorized gear being allocated the remaining five percent, combined. If the quota for any gear type is exceeded, the overharvested amount shall be deducted from the following year's quota.

1. The season for fishing and landing menhaden in the State shall be:

i. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by purse seine;

ii. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by gill net;

iii. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by pound net or wire pound net;

iv. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by trawl;

v. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by bait net; and

vi. January 1 to December 31 for licensees taking menhaden, or landing menhaden taken, by other authorized gear not otherwise specified above.

2. The daily trip limits during the open season for menhaden in the State shall be:

i. The daily trip limit shall be unlimited for licensees taking menhaden, or landing menhaden taken, by purse seine;

ii. The daily trip limit shall be unlimited for licensees taking menhaden, or landing menhaden taken, by gill net;

iii. The daily trip limit shall be unlimited for licensees taking menhaden, or landing menhaden taken, by pound net or wire pound net;

iv. The daily trip limit shall be unlimited for licensees taking menhaden, or landing menhaden taken, by trawl;

v. The daily trip limit shall be unlimited for licensees taking menhaden, or landing menhaden taken, by bait net; and

vi. The daily trip limit shall be unlimited for licensees taking menhaden, or landing menhaden taken, by other authorized gear not otherwise specified above.

(c) The Department shall close the menhaden season for each respective gear type, by giving not less than two days' notice of the projected date that the year's quota for that gear type will be landed.

(d) If the Commissioner, or his or her designee, has closed the season and if unanticipated events result in the quota not being landed by the projected date stated in the closure notice, then the Commissioner, or his or her designee, may reopen the season for a specified period of time upon two days' public notice.

(e) Public notice shall be provided by a posting on the Department's website and by email sent to all licensees under this subchapter. Each licensee shall, at the time of licensure, provide the Department with the licensee's email address to facilitate the provision of notice pursuant to this section.

(f) If the season for a particular gear type is closed because the quota amount allocated to that gear type has been harvested and landed, then:

1. The holder of a Menhaden Landing License for that gear type or the holder of a Menhaden Personal Use and Limited Sale License may continue to land an incidental catch as established by the Atlantic States Marine Fisheries Commission, or by the Mid-Atlantic Fishery Management Council, the New England Fishery Management Council, or the South Atlantic Fishery Management Council, as adopted by the National Marine Fisheries Service;

2. The holder of a Menhaden Dealer License may continue to accept incidental catch from the holder of a Menhaden Landing License or the holder of a Menhaden Personal Use and Limited Sale License, as established by a fishery management plan for menhaden; and

3. The incidental catch allowance shall be applied to the annual menhaden catch quota as provided by a fishery management plan for menhaden.

N.J. Admin. Code § 7:25-22.3

New Rule, R.2021 d.142, effective 12/20/2021.
See: 53 N.J.R. 297(a), 53 N.J.R. 2139(a)."
Former N.J.A.C. 7:25-22.3, Taking of Atlantic menhaden for bait, was recodified to N.J.A.C. 7:25-22.4.