N.J. Admin. Code § 7:25-14.12

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:25-14.12 - Filing of reports

(a) All persons commercially licensed to take crabs shall keep, on forms provided by the Division, accurate records of the number of bushels of hard crabs, peelers and soft crabs caught, the type of gear used and the area fished. These records shall be filed by the 10th day of each month with the Division and said filing must be current before a commercial license for crab pot/trot lines or crab dredges is issued for the subsequent year. If no crabs were harvested during the month, a report to that effect shall be provided. Failure to file on or before the 10th of the month following the month of record may lead to suspension or permanent revocation of said license by the Department according to the following schedule:

1. First offense: no suspension;

2. Second offense: 120 days suspension; and

3. Third offense: permanent revocation.

(b) All license suspensions shall be imposed during the open season for the respective fishery; any period of suspension not occurring during the existing season shall be applied during the next open season even if such season falls in a different calendar year. Prior to suspension of the license, the licensee may request a hearing in accordance with the procedures at 7:25-14.21.

(c) The Department shall automatically remove and reduce to zero the number of previous reporting offense(s) on a licensee's record if the licensee does not commit any other violation of this section for 18 months from the date of the first reporting offense on record or from the date of completion of a suspension imposed as a result of a second reporting offense on record.

(d) A licensee cited for violation of this section may submit a nullification request to nullify a reporting offense and any resulting penalty due to an extraordinary hardship or exceptional circumstance in accordance with this subsection and (e) through (f) below. The licensee shall submit the nullification request as part of the request for an adjudicatory hearing on the reporting offense. The licensee shall file the request for adjudicatory hearing in accordance with 7:25-14.21, with a copy of the nullification request and any supporting documentation. The nullification request shall:

1. Identify the specific reporting offense for which the nullification is requested;

2. Explain in detail why the licensee was not able to comply with the reporting requirements at (a) above, including a statement of the type and degree of hardship that prevented compliance with the reporting requirements and the hardship that will result to the licensee if the reporting offense is not nullified; and

3. Provide appropriate documentation as necessary to support the request for nullification.

(e) The Department shall nullify an offense and any resultant penalty under (a) above if it determines that:

1. By reason of extraordinary hardship or exceptional situation or condition, the licensee was precluded from complying with the reporting requirements;

2. By reason of extraordinary or exceptional situation or condition, strict compliance with the reporting requirements at (a) above would result in exceptional and undue hardship upon the licensee;

3. The circumstances supporting (e)1 and 2 above were not created by the licensee or persons under his or her control; and

4. The approval of the nullification will not unreasonably interfere with the orderly administration of these reporting requirements.

(f) The Department shall provide written notice to the licensee of its decision to approve or deny the nullification request. If the Department denies the nullification request, the request for an adjudicatory hearing on the reporting offense shall be deemed to include a request for an adjudicatory hearing on the denial of the nullification request. If the Department approves the nullification request, the request for an adjudicatory hearing on the reporting violation shall be deemed withdrawn as moot.

N.J. Admin. Code § 7:25-14.12

Amended by 48 N.J.R. 953(b), effective 6/6/2016