N.J. Admin. Code § 7:12-9.12

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:12-9.12 - Permit for Growing Seed in Waters Other Than Approved by a Non-profit Organization or Government Agency

(a) The Permit for Growing Seed in Waters Other Than Approved by a Non-profit Organization or Government Agency authorizes a Non-profit Organization or Government Agency to conduct a project involving the distribution of seed to participants who will grow the seed at various locations in waters other than Approved for relocation by the permittee to:

1. Approved or Conditionally Approved waters;

2. A project authorized under a Permit for Shellfish Restoration and/or Enhancement in Waters Other Than Approved (7:12-9.11); or

3. Waters outside the boundaries of the State of New Jersey, subject to any required approval from the receiving state.

(b) In addition to the completed Consolidated Permit Application form and application fee required under 7:12-9.3, an applicant for a Permit for Growing Seed in Waters Other Than Approved by a Non-profit Organization or Government Agency shall submit:

1. A copy of a valid Scientific Collecting Permit issued by the Department's Division of Fish and Wildlife allowing the collection of the species for which the applicant seeks the Permit for Growing Seed in Waters Other Than Approved by a Non-profit Organization or Government Agency; and

2. A project overview that includes the following:

i. The name of the project manager, and the names of all participants, identifying each participant's roles and responsibilities in the project;

ii. A detailed description of the objective(s) of the project;

iii. For those participants growing seed, the location where each participant will be growing seed (street address or GPS coordinates), the type of equipment to be used (for example, upwellers, downwellers, floats, raceways), and the name and location of the waters where the seed will be grown and the classification(s) of those waters under this chapter;

iv. The anticipated dates for purchase of seed, seed distribution to the participants, seed collection from the participants, and relocation of seed as provided at (a) above;

v. The species and estimated number of seed to be purchased, as well as the species and estimated number of seed to be distributed to each participant;

vi. The criteria by which success of the project is to be measured with respect to the objective(s);

vii. The method(s) and schedule for monitoring seed growth and health;

viii. A schedule for the inspection of the participants' seed and equipment:

ix. The specific location(s) where the seed will be relocated after collection from the participants as provided in (a) above; and

x. Where the project is being continued from the previous year, the Project Summary Report described at (d) below for that previous year.

(c) A Permit for Growing Seed in Waters Other Than Approved by a Non-profit Organization or Government Agency is subject to the following specific requirements and conditions:

1. The permittee shall not sell any seed without prior written approval from the Department.

2. The permittee shall use only the species and number of seed specified in the issued permit document.

3. The permittee and participants shall grow seed only in the locations specified in the issued permit document.

4. The permittee shall ensure participants do not grow shellfish larger than seed.

5. If shellfish are found to be larger than seed, the permittee shall immediately notify the Department's Division of Fish and Wildlife, Bureau of Law Enforcement, Marine Region at 609-748-2050.

6. The permittee shall not modify any aspect of the project without prior written approval from the Department.

7. The permittee shall inform the Department of any changes in the information provided pursuant to (b)2iii above.

8. The permittee is responsible for informing all participants in the project that any collected shellfish shall not be used for human consumption and of the risks associated with consumption of shellfish from waters other than Approved.

9. The permittee shall keep records of the disposition of all shellfish.

10. The permittee shall notify the Bureau at least five days in advance of the date(s) of:

i. Seed distribution to participants;

ii. Seed collection from participants; and

iii. Relocation of seed as provided at (a) above.

11. The permittee shall immediately telephone the Department's Division of Fish and Wildlife, Bureau of Law Enforcement, Marine Region at 609-748-2050 regarding any theft of seed, tampering with structures, or significant seed mortality.

12. The project manager shall have the issued permit document in possession when distributing, collecting, or relocating seed as part of the project.

13. The permittee shall keep records of the disposition of all seed.

14. The permittee shall conduct inspections of all participants' seed and equipment at the frequency specified in the issued permit document, and shall maintain appropriate records of such inspections.

(d) Except as provided at (b)2x above, the permittee shall submit a Project Summary Report to the Bureau at the address at 7:12-1.1(l), no later than 60 days after the end of the period of validity specified in the issued permit document. The Project Summary Report shall include a description of the materials and methods used; results with, as appropriate, tables and graphs summarizing the data collected; and a discussion analyzing the results as they relate to the objective of the project.

N.J. Admin. Code § 7:12-9.12

Adopted by 48 N.J.R. 1911(a), effective 9/19/2016