N.J. Admin. Code § 7:12-9.1
Current through Register Vol. 56, No. 12, June 17, 2024
Section 7:12-9.1 - General provisions for shellfish permits(a) This subchapter establishes permits for the harvest of shellfish from waters classified other than Approved, for shellfish research, for shellfish restoration and enhancement, for toxins monitoring in shellfish, and for shellfish aquaculture. 1. A permit under this subchapter shall be valid for the period specified in the permit document issued to the permittee, unless revoked or suspended for cause. The period of validity shall not extend beyond December 31 of the calendar year of issuance.2. An issued permit is non-transferable.3. In addition to the requirements in this subchapter, permittees are subject to the applicable requirements of N.J.A.C. 7:12-8.4. A permit under this subchapter does not exempt a permittee from compliance with all other applicable State laws and rules.(b) It is the responsibility of the permittee to provide the Bureau with the permittee's most current address. If the permittee's address changes from that provided to the Bureau on the application for a permit or otherwise, the permittee shall notify the Bureau at the address at 7:12-1.1(l) of the new address within one week of the change.(c) An issued permit may contain special conditions relating to purpose, duration, area limitations, time limitations, methods of handling, identification and disposition of the shellfish, limitation on species and/or size of shellfish, and/or any other conditions deemed necessary by the Department to protect the health, safety, and welfare of the public.(d) Conviction of a shellfish violation as provided in 58:24-1et seq., 24:2-1 et seq., and 50:2-1 et seq. shall be adequate cause for the suspension, revocation, and/or denial of any permit issued under this subchapter.(e) Any person who violates this subchapter and/or the terms of a permit issued under this subchapter may be subject to prosecution and/or penalties pursuant to 23:2B-14, 50:1-5 et seq., 58:24-9, 58:24-10, 58:24-10.1, and 2C:64-1 et seq., including the forfeiture of shellfish, which may be seized and returned to the water or destroyed.(f) Any person who takes shellfish from waters classified as other than Approved without a permit issued under this subchapter authorizing such activity may be subject to prosecution and/or penalties pursuant to 23:2B-14, 50:1-5 et seq., 58:24-9, 58:24-10, 58:24-10.1, and 2C:64-1 et seq., including the forfeiture of shellfish, which may be seized and returned to the water or destroyed.(g) Any person who conducts aquaculture activities without a permit issued under this subchapter authorizing such activity may be subject to prosecution and/or penalties pursuant to 23:2B-14, 50:1-5 et seq., 58:24-9, 58:24-10, 58:24-10.1, and 2C:64-1 et seq., including the forfeiture of shellfish, which may be seized and returned to the water or destroyed.(h) The Department shall immediately suspend the permit of any person who violates any condition of the permit or any provision of this chapter and thereby creates a threat to public health by compromising the purity of shellfish as a food product. The Department may suspend the permit of any person who violates any condition of the permit or any other provision of this chapter. Any person whose permit is suspended may request an adjudicatory hearing in accordance with 7:12-9.4.(i) For purposes of this subchapter, sunrise and sunset shall mean the times of sunrise and sunset in Trenton, New Jersey. These sunrise and sunset times shall apply regardless of where a harvester intends to harvest or is harvesting shellfish. The Trenton sunrise and sunset timetable is included in the NJ Hunting and Trapping Digest available from the Department's Division of Fish and Wildlife and on-line at http://www.state.nj.us/dep/fgw/.N.J. Admin. Code § 7:12-9.1
Amended by 48 N.J.R. 1911(a), effective 9/19/2016