N.J. Admin. Code § 7:25-18.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:25-18.1 - Size, season, and possession limits

(a) For the purpose of this subchapter, the following common names shall mean the following scientific name(s) for a species or group of species, except as otherwise specified elsewhere in this subchapter.

Common Name	Scientific Name
American Eel	Anquilla rostrata
Atlantic Cod	Gadus morhua
Atlantic Croaker	Micropogon undulatus
Atlantic Mackerel	Scomber scombrus
Atlantic Menhaden	Brevoortia tyrannus
Black Drum	Pogonias cromis
Black Sea Bass	Centropristis striata
Blueline Tilefish	Caulolatilus microps
Bluefish	Pomatomus saltatrix
Cobia	Rachycentron canadum
Conch	Busycon carica
	Busycotypus canaliculatum
	Busycon contrarium
Dolphin	Coryphaena hippurus
Goosefish (Monkfish)	Lophius americanus
Haddock	Melanogrammus aeglefinus
Hybrid striped bass	Morone saxatilis x Morone spp.
Kingfish	Menticirrhus saxatilis
	Menticirrhus americanus
King Mackerel	Scomberomorus cavalla
Pollock	Pollachius virens
Red Drum	Sciaenops ocellatus
River herring	Alosa aestivalis (alewife)
	Alosa psuedoharengus (blueback herring)
Scup (Porgy)	Stenotomus chrysops
Shad	Alosa sapidissima (American shad)
	Alosa mediocris (hickory shad)
Shark	Aggregated Large Coastal Group
	Ginglymostoma cirratum (Nurse Shark
	Carcharhinus limbatus (Blacktip Shark)
	Carcharhinus leucas (Bull Shark)
	Negaprion brevirostris (Lemon Shark)
	Carcharhinus falciformis (Silky Shark)
	Carcharhinus brevipinna (Spinner Shark)
	Galeocerdo cuvieri (Tiger Shark)
	Hammerhead Group
	Sphyrna mokarran (Great Hammerhead)
	Sphyrna lewini (Scalloped Hammerhead)
	Sphyrna zyqaena (Smooth Hammerhead)
	Non-Blacknose Small Coastal Group
	Sphyrna tiburo (Bonnethead)
	Carcharhinus isodon (Finetooth Shark)
	Rhizoprionodon terraenovae (Atlantic
	Sharpnose Shark)
	Blacknose Group
	Charcharhinus acronotus (Blacknose Shark)
	Pelagic Group
	Lamna nasus (Porbeagle Shark)
	Isurus oxyrinchus (Shortfin Mako)
	Prionace glauca (Blue Shark)
	Carcharhinus longimanus (Oceanic Whitetip
	Shark)
	Alopias vulpinus (Thresher Shark)
	Research Only Group
	Carcharhinus plumbeus (Sandbar Shark)
	Smoothhound Group
	Mustelus canis (Smooth Dogfish)
	Mustelus norrisi (Florida Smoothhound)
Spanish Mackerel	Scomberomorus maculatus
Spider crab	Libinia dubia
	Libinia emarginata
Spiny Dogfish	Squalus acanthias
Striped Bass	Morone saxatilis
Summer Flounder
(Fluke)	Paralichthys dentatus
Tautog (Blackfish)	Tautoga onitis
Weakfish	Cynoscion regalis
	Cynoscion nebulosus
Winter Flounder	Pleuronectes americanus

(b) A person shall not purchase, sell, offer for sale, expose for sale, barter, trade, or exchange for money or for any other thing of value, or attempt to purchase, sell, offer for sale, barter, trade, or exchange for money or for any other thing of value, any species listed below less than the minimum length, measured in inches, except as may be provided elsewhere in this subchapter, and subject to the specific provisions of any such section. Any commercially licensed or permitted vessel or person shall be presumed to possess the following species for sale purposes and shall comply with the minimum sizes below. Fish length shall be measured from the tip of the snout to the tip of the tail (total length), except as noted below.

Species	Minimum Size (inches)
American Eel	9
Atlantic Cod	19
Atlantic Croaker	No Limit
Atlantic Mackerel	7
Atlantic Menhaden	No Limit
Black Drum	16
Black Sea Bass	11
Blueline Tilefish	No Limit
Bluefish	9
Cobia	37
Conch	5
Dolphin	No Limit
Goosefish (Monkfish)	17
Haddock	16
Kingfish	8
King Mackerel	23
Pollock	19
Red Drum	18
River herring	No Limit
(Alewife, blueback herring)
Scup (Porgy)	9
Shad
American	No Limit
Hickory	No Limit
Shark	As specified at (b)4 below
Aggregate Large Coastal Group
Hammerhead Group
Non-Blacknose Small Coastal Group
Blacknose Group
Pelagic Group
Smoothhound Group
Spanish Mackerel	14
Summer Flounder	14
Tautog (Blackfish)	15
Weakfish	13
Winter Flounder	12

1. Total length for black sea bass shall be measured along the midline from the tip of the snout to the end of the central portion of the tail, not to include tail filaments.

2. In addition to the total minimum goosefish size, all goosefish tails possessed must be at least 11 inches in length from the anterior portion of the fourth cephalic dorsal spine to the end of the caudal fin. The total weight of all goosefish livers landed shall not be more than 30 percent of the total weight of all goosefish tails landed or 12 percent of the total weight of all goosefish landed.

3. A person shall not take in any one day or possess more than the possession limit specified below for each species listed, except as may be provided elsewhere in this subchapter, and subject to the specific provisions of any such section.

Species	Possession Limit
Cobia	2 per person, no more than 6 per vessel
Red Drum	1, no more than 27 inches

4. A person commercially fishing for shark under a valid annual vessel permit for sharks issued by the National Marine Fisheries Service or a New Jersey commercial fishing license issued for a gear allowed in the commercial shark fishery shall not possess a shark from the shark groups listed at (b)1 above smaller than the minimum size limit determined by the National Marine Fisheries Service as published in the Federal Register.

(c) A person angling with a hand line or with a rod and line or using a bait net or spearfishing shall not have in his or her possession any species listed below less than the minimum length, nor shall such person take in any one day or possess more than the possession limits as provided below, nor shall such person possess any species listed below during the closed season for that species. Exceptions to this section as may be provided elsewhere in this subchapter shall be subject to the specific provisions of any such section. Fish length shall measure from the tip of the snout to the tip of the tail (total length), except as noted below:

Species	Minimum Size In Inches	Open Season	Possession Limit
American Eel	9	Jan. 1--Dec. 31	25
Atlantic Cod	23	Jan. 1--May 31 and	5
		Sept. 1--Dec. 31
Atlantic Croaker	No Limit	Jan. 1--Dec. 31	No Limit
Black Drum	16	Jan. 1--Dec. 31	3
Black Sea Bass	12.5	May 17--June 19	10
		July 1--Aug. 31	1
		Oct. 1--Oct. 31	10
		Nov. 1--Dec. 31	15
Blueline Tilefish	No Limit	May 1--Oct. 31	3, 5, 7 or
			as specified at
			(c)6 below
Bluefish	No Limit	Jan. 1--Dec. 31	3 or 5 as
			specified at (o)
			below
Cobia	37	Jan. 1--Dec. 31	1 per vessel
Dolphin	No Limit	Jan. 1--Dec. 31	No Limit
Haddock	18	Jan. 1--Dec. 31	No Limit
Hybrid striped bass
Atlantic Ocean	28	Jan 1--Dec 31	1 as
			specified at
			(h)1 below
Delaware River and	28	Mar 1--Mar 31 and	1 as
tributaries		Jun 1--Dec 31	specified at
			(h)1 below
All other marine	28	Mar 1--Dec 31	1 as
waters			specified at
			(h)1 below
Kingfish	No Limit	Jan. 1--Dec. 31	No Limit
King Mackerel	23	Jan. 1--Dec. 31	3
Pollock	19	Jan. 1--Dec. 31	No Limit
Red Drum	18	Jan. 1--Dec. 31	1, not
			greater than 27
			inches
River herring	No Limit	None	0
(Alewife, blueback
herring)
Scup (Porgy)	10	Jan. 1--Jun. 30 and	30
		Sept. 1--Dec. 31
Shad (Hickory and
American)
Delaware Bay, and	No Limit	Jan. 1--Dec. 31	6 combined,
Delaware River and its			subject to (c)4
tributaries			below
All other marine	No Limit	Jan. 1--Dec. 31	6 combined,
waters			subject to (c)4
			below
Shark	As specified	As specified in	As specified
	in (c)2 below	n (c)2 below	in (c)2 below
Aggregated Large		Jan. 1-May 14, and
Coastal Group		July 16-Dec 31
Hammerhead Group		Jan. 1-May 14, and
		July 16-Dec 31
Non-Blacknose
Small Coastal Group
Blacknose Group
Pelagic Group
Smoothhound Group
Spanish Mackerel	14	Jan. 1--Dec. 31	10
Summer Flounder
(Fluke)
Delaware Bay and	17	May 4--Sept. 25	3
tributaries
Island Beach State	16	May 4--Sept. 25	2
Park (shore mode fishing
only as provided at
(c)5iv below)
All other marine	As specified	May 4--Sept. 25	As specified
waters	at (c)5ii below		at (c)5ii
			below
Striped Bass
Atlantic Ocean	28	Jan. 1--Dec 31	1 as
			specified at
			(h)1 below
Delaware River and	28	Mar 1--Mar 31 and	1 as
tributaries		Jun 1--Dec 31	specified at
			(h)1 below
All other marine	28	Mar 1--Dec 31	1 as
waters			specified at
			(h)1 below
Tautog	15	Jan. 1--Feb. 28	4
		Apr. 1--Apr. 30	4
		Aug. 1--Nov. 15	1
		Nov. 16--Dec. 31	5
Weakfish	13	Jan. 1--Dec. 31	1
Winter Flounder	12	March 1--Dec. 31	2

1. Total length for black sea bass shall be measured along the midline from the tip of the snout to the end of the central portion of the tail, not to include tail filaments.

2. Shark length shall be measured from the tip of the snout to the V-shaped indentation between the two separate tail segments (fork length) forming the caudal fin. Sharks may be harvested in the recreational fishery only by angling with a hand line or rod and reel using non-offset, corrodible, non-stainless steel circle hooks, except when fishing with flies or artificial lures. The minimum size, open season, and possession limit for shark, as listed at (a) above, shall be the minimum size, open season, and possession limit as determined by the National Marine Fisheries Service, as published in the Federal Register and posted at https://www.fisheries.noaa.gov/rules-and-announcements/notices-and-rules.

3. Anglers may take no more than 25 eels per day; however, anglers may keep more than 25 eels in storage fo personal use, provided they possess no more than 25 eels per person for bait purposes while fishing. Any crew member of a party/charter vessel for hire carrying recreational fishermen may possess no more than 50 eels for bait purposes while fishing.

4. In the Delaware Bay, and the Delaware River and its tributaries, the maximum possession limit for American shad is two. In all other marine waters, the possession limit for American shad is zero.

5. The following provisions are applicable to the recreational harvest of summer flounder.

i. In Delaware Bay, which includes all New Jersey waters within the Delaware Bay and tributaries west of the COLREGS line from Cape May Point Light to Cape Henlopen, a person shall not take, or possess, more than three summer flounder greater than or equal to 17 inches, total length, during the summer flounder recreational open season. The Cape May Canal is not considered a tributary of the Delaware Bay. Therefore, the authorization to take or possess summer flounder meeting the 17-inch size limit and three fish possession limit is inapplicable to the Cape May Canal beginning at its confluence with the Delaware Bay at the Cape May Ferry Terminal; the waters of Cape May Canal are instead subject to limits specified in (c)5ii below.

ii. In all other waters of the State, a person shall not take, or possess, more than three summer flounder during the summer flounder recreational open season, measuring 18 inches or greater, total length.

iii. Except as provided in (c)5iv below, a person may only elect to take and possess summer flounder in accordance with either (c)5i or ii above in any one day.

iv. At Island Beach State Park (IBSP), an angler fishing from a pier, jetty, beach, bank, or marsh utilizing a hook and line and who has a date and time stamped proof of IBSP entry receipt may possess no more than two summer flounder greater than or equal to 16 inches (total length) on the day of entry during the summer flounder open season. The proof of entry receipt shall be presented upon the request of a State Conservation Officer or New Jersey Park Police Officer. The proof of entry to IBSP must be retained with the fish until just prior to utilization. The one or two fish harvested at IBSP shall count toward the applicable possession limit specified in (c)5i or ii above in waters outside IBSP.

v. A vessel may transport summer flounder greater than or equal to 17 inches but less than 18 inches from the waters of the Delaware Bay designated in (c)5i above to areas accessed via the Cape May Canal, north to the northern boundary of State Highway Route 47 (George Redding Bridge), excluding the open waters of the Atlantic Ocean. Vessels transporting in this manner shall not stop to fish and all gear must be stowed with rigs removed.

6. The following provisions are applicable to the recreational harvest of blueline tilefish:

i. Any party/charter vessel landing blueline tilefish from the Exclusive Economic Zone (Federal waters) must hold a valid Northeast open access golden tilefish party/charter vessel permit, issued by the National Marine Fisheries Service.

ii. Any person fishing from a vessel that is not fishing under a valid Northeast open access golden tilefish commercial or party/charter vessel permit issued by the National Marine Fisheries Service, may land up to three blueline tilefish per trip.

iii. Any person fishing from a for-hire vessel under a valid Northeast open access golden tilefish party/charter vessel permit issued by the National Marine Fisheries Service that has not been issued a valid U.S. Coast Guard Certificate of Inspection may land up to five blueline tilefish per person per trip.

iv. Any person fishing from a for-hire vessel under a valid Northeast open access golden tilefish party/charter vessel permit issued by the National Marine Fisheries Service that has been issued a valid U.S. Coast Guard Certificate of Inspection may land up to seven blueline tilefish per person per trip.

(d) A person shall not take, possess, land, purchase, sell or offer for sale, except as specified below, any of the following species:

Species	Scientific Name
Atlantic Angel Shark	Squatina dumerili
Atlantic Sturgeon	Acipenser oxyrhynchus
Basking Shark	Cetorhinidae maximus
Bigeye Sand Tiger Shark	Odontaspis noronhai
Bigeye Sixgill Shark	Hexanchus vitulus
Bigeye Thresher Shark	Alopias superciliousus
Bignose Shark	Carcharhinus altimus
Caribbean Reef Shark	Carcharhinus perez
Caribbean Sharpnose Shark	Rhizoprionodon porosus
Dusky Shark	Carcharhinus obscurus
Galapagos Shark	Carcharhinus galapagensis
Longfin Mako Shark	Isurus paucus
Narrowtooth Shark	Carcharhinus brachyurus
Night Shark	Carcharhinus signatus
River Herring	Alosa aestivalis Alosa psuedoharengus
Sand Tiger Shark	Odontaspis taurus
Sandbar (Brown) Shark	Carcharhinus plumbeus
Sharpnose Sevengill Shark	Heptranchias perlo
Shortnose Sturgeon	Acipenser brevirostrum
Sixgill Shark	Hexanchus griseus
Silky Shark (recreational fishery only)	Carcharhinus falciformis
Smalltail Shark	Carcharhinus porosus
Whale Shark	Rhincodon typus
White Shark	Carcharodon carcharias

1. Vessels fishing exclusively in the Exclusive Economic Zone (Federal waters) while operating under a valid Federal permit for Atlantic mackerel and/or Atlantic herring, may possess river herring up to a maximum of five percent, by weight, of all species possessed.

2. A person shall not barter, sell, offer for sale, or expose for sale, any river herring possessed pursuant to (d)1 above.

(e) Except as provided in (e)2 and (f) below, a person shall not remove the head, tail or skin, or otherwise mutilate to the extent that its length or species cannot be determined, any species with a minimum size limit specified at (b) or (c) above or any other species of flatfish, or possess such mutilated fish, except after fishing has ceased and such species have been landed to any ramp, pier, wharf or dock or other shore feature where it may be inspected for compliance with the appropriate size limit.

1. A shark or dogfish may be eviscerated prior to landing. The fins may not be removed from a shark or spiny dogfish, except after fishing has ceased and such shark or spiny dogfish has been landed as specified in (e) above.

2. A person may use parts of one legal sized summer flounder as bait. The carcass of the fish minus the fillets, commonly known as the rack, of the summer flounder used must be retained by the person and counted as part of the person's daily bag limit for that day. The rack shall be kept fully intact so it can be measured for minimum size limit. One summer flounder caught on the person's current fishing trip can be used for this purpose. No parts of fish caught on previous fishing trips shall be in possession. No other species of flat fish or fish listed under (b) or (c) above shall be used for this purpose.

(f) Special provisions applicable to a Special Fillet Permit are as follows

1. A party boat owner may apply to the Commissioner for a permit for a specific vessel, known as a Special Fillet Permit to fillet species specified at (c) above at sea;

2. For purposes of this section, party boats are defined as vessels that can accommodate 15 or more passengers as indicated on the Certificate of Inspection issued by the United States Coast Guard for daily hire for the purpose of recreational fishing;

3. The Special Fillet Permit shall be subject to the following conditions:

i. Once fishing commences, no parts or carcasses of any species specified in (c) above and no flatfish parts or carcasses shall be discarded overboard; of the species specified at (c) above, only whole live fish may be returned to the water;

ii. No carcasses of any flatfish or species listed at (c) above shall be mutilated to the extent that its length or species cannot be determined;

iii. All fish carcasses of species specified at (c) above shall be retained until such time as the vessel has docked and been secured at the end of the fishing trip adequate to provide a law enforcement officer access to inspect the vessel and catch;

iv. No fillet of any flounder or other flatfish shall be less than eight inches in length during the period of May 1 through October 31 or less than five inches in length during the period of November 1 through April 30;

v. No fish of any species less than the minimum size limit specified at (c) above shall be filleted and no fillet of any species listed below shall have the skin removed and no fillet shall be less than the minimum length in inches specified below.

Species	Minimum Fillet or Part Length
Atlantic Cod	15.5 inches
Atlantic Croaker	No Limit
Black Drum	9 inches
Black Sea Bass	5 inches
Bluefish	No Limit
Cobia	26 inches
Haddock	14 inches
Hybrid striped bass
(24 to less than 28 inches)	11 to 20 inches
(28 to less than 31 inches)	15 to 22 inches
Kingfish	No Limit
King Mackerel	16 inches
Pollock	13 inches
Red Drum	13 inches
Scup	4 inches
Striped bass
(24 to less than 28 inches)	11 to 20 inches
(28 to less than 31 inches)	15 to 22 inches
Tautog	7 inches
Weakfish	9 inches

vi. Spanish mackerel shall be landed with head, tail and fins attached.

vii. Fish carcasses from the previous trip shall be disposed of prior to commencing fishing on a subsequent trip;

viii. No more than two fillets per legally caught striped bass or striped bass hybrid shall be possessed by any permitted vessel or passenger while at-sea;

ix. Violation of any of the provisions of the Special Fillet Permit shall subject the captain and permit holder to the penalties established pursuant to N.J.S.A. 23:2B-14 and shall result in a suspension or revocation, applicable to both the vessel and the owner of the Special Fillet Permit according to the following schedule:

(1) First offense: 60 days suspension;

(2) Second offense: 120 days suspension; and

(3) Third offense: Revocation of permit, rendering the vessel and the owner not eligible for permit renewal regardless of vessel ownership.

x. In calculating the period of suspension or revocation applicable under (f)3viii above, the number of previous suspensions shall be reduced by one for each three-year period in which the permit holder does not commit any other violation subject to this subsection, provided, however, that if more than one suspension is imposed within a three-year period, only one of those suspensions may be forgiven under this subparagraph; therefore, a permit holder who incurs more than one suspension in a three-year period shall not be considered a first offender under this subsection regardless of the length of any subsequent period without violation. The reduction in suspensions provided in this subparagraph applies only to determination of suspension periods; all prior suspensions shall be taken into account in calculating monetary penalties in accordance with N.J.S.A. 23:2B-14.

xi. Upon receipt of the notice of suspension but prior to the suspension or revocation of the Special Fillet Permit, the permittee has 20 days to request a hearing from the Department. The hearing shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1.1. If a request for a hearing is not received by the Department within 20 days of the permittee's receipt of the notice of suspension, the permit suspension or revocation will be effective on the date indicated in such notice.

(g) Any person violating the provisions of (b), (c), (d), or (e) above shall be liable to a penalty of $ 30.00 for each fish taken or possessed, except that the penalty shall be $ 100.00 for each tautog taken or possessed. Each fish taken or possessed shall constitute an additional separate and distinct offense.

(h) The following provisions are applicable to the recreational harvest of striped bass and striped bass hybrids:

1. Except as permitted pursuant to N.J.A.C. 7:25-18.13, a person shall not take from the marine waters or other waters of the State in any one day, or have in the person's possession at any time, more than one striped bass. The striped bass taken in accordance with this subsection shall be a minimum of 28 inches and a maximum of 31 inches in total length.

2. A person shall not fillet, or remove the head or tail, or parts thereof, of any striped bass at sea, except in accordance with 7:25-18.1(f).

3. A person shall not take, attempt to take, or have in his or her possession any striped bass or striped bass hybrids, as defined in (i) below, while on or angling in the Delaware River or its tributaries from the upstream side of the Calhoun Street Bridge to and including the Salem River and its tributaries from April 1 through May 31 of each year, or from any waters of the State, except the Atlantic Ocean, from January 1 through the last day of February of each year.

4. Hook and line fishermen are restricted to the use of non-offset circle hooks while fishing with bait. Bait is defined as any marine or aquatic organism live or dead, whole, or parts thereof. This restriction shall not apply to an artificial lure with bait attached. A circle hook is a non-offset hook where the point is pointed perpendicularly back towards the shank. Non-offset means that the point and barb are in the same plane as the shank. Striped bass caught using an unapproved method of take must be returned to the water immediately without unnecessary injury.

5. It shall be unlawful for any person to gaff or attempt to gaff any striped bass at any time.

(i) Except for the products of commercial aquaculture, no person shall take from the marine waters in this State or have in his or her possession while on or angling in the marine waters of this State any striped bass hybrids, being hybrids of the Morone genus, less than the striped bass minimum size limits as specified at (h)1 above.

1. For the purposes of this section, commercial aquaculture shall mean the culture or husbandry of striped bass hybrids in non-wild systems for the purpose of egg and larval production and/or increasing size.

2. For the purposes of this section, parents of striped bass hybrids shall include Morone saxatiles (striped bass), M. chrysops (white bass), M. americana (white perch), and M. mississippienis (yellow bass).

(j) Except for striped bass hybrids that are the products of commercial aquaculture, a person shall not possess more than the possession limit or less than the minimum size limits as specified in (h)1 above, whether striped bass or striped bass hybrid, while on or angling in the marine waters of this State.

(k) A person shall not remove the head, tail or skin from any striped bass hybrid except immediately prior to preparation or serving as food.

(l) All hybrid striped bass which are the products of commercial aquaculture shall be accompanied by accurate and dated documentation of quantity, original description and destination.

(m) Wanton waste of fish is prohibited.

1. Fish of any species, taken by any means, which are purposely killed shall become part of the fisherman's daily possession limit and shall be removed from the waters from which they were taken and from adjacent lands. This subsection shall not apply to those fish which are released while still alive and subsequently die or to those fish taken inadvertently by net (bycatch) and subsequently die.

(n) Any person violating the provisions of (h) through (l) above shall be liable for a penalty of $ 100.00 for each fish taken or possessed. Each fish taken or possessed shall constitute a separate and distinct offense.

(o) The following provision is applicable to the recreational harvest of bluefish.

1. Any party/charter vessel carrying recreational fishermen for hire to fish for, possess, or land bluefish shall have a valid Federal party/charter vessel permit.

2. Any person may take or possess up to three bluefish in accordance with (c) above in any one day, except as provided at (o)3 below.

3. Any person fishing from a party/charter vessel on a for-hire trip, captained by a properly credentialed operator with a valid United States Coast Guard endorsement, may take or possess up to five bluefish in accordance with (c) above in any one day.

(p) The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify the fishing seasons, size limits, possession limits, gear types, gear restrictions, and the list of shark species contained within any of the shark groups specified in this section by administrative notice, in order to maintain and/or to come into compliance with any fishery management plan approved by the Atlantic States Marine Fisheries Commission pursuant to 16 U.S.C. § 5104(b) or to maintain consistency with any Mid-Atlantic Fishery Management Council, New England Fishery Management Council, or South Atlantic Fishery Management Council plan adopted by the National Marine Fisheries Service or any plan implemented by the National Marine Fisheries Service. Additionally, where fishing seasons, size limits, possession limits, or the list of shark species contained within any of the shark groups specified in this section have been developed in accordance with (p)1 below and differ from those specified in a fishery management plan and have been approved by the Atlantic States Marine Fisheries Commission, Mid-Atlantic Fishery Management Council, New England Fishery Management Council, South Atlantic Fishery Management Council, and/or the National Marine Fisheries Service through the conservation equivalency process as being estimated to achieve the same quantified level of conservation for the fishery governed by that plan, such fishing seasons, size limits, possession limits, or the list of shark species contained within any of the shark groups specified in this section may be modified by administrative notice. The Department shall provide notice of any such modification in the New Jersey Marine Digest, the New Jersey Register, on the Department's website, through email, when provided, to commercial license holders, and in the Division's commercial regulation publication. All such administrative notices shall be effective when the Department files the notice with the Office of Administrative Law, or as specified otherwise in the notice.

1. Proposed fishing seasons, size limits, possession limits, or the list of shark species contained within any of the shark groups specified in this section to be included in a submission to the Atlantic States Marine Fisheries Commission, Mid-Atlantic Fishery Management Council, New England Fishery Management Council, South Atlantic Fishery Management Council, and/or the National Marine Fisheries Service as being conservationally equivalent to the criteria determined to be eligible for conservation equivalency, as specified in the applicable fishery management plan, shall be established, as follows:

i. The Commissioner shall consider the following factors in a conservation equivalency proposal:

(1) The temporal and spatial distributions of the species in State waters;

(2) The species' life history characteristics;

(3) The potential impact on the number of participants able to participate in the fishery;

(4) The ability of supporting industries to provide necessary services to optimize participation, for example, charter and day-fishing fleet availability;

(5) Consideration for the open seasons for other recreational and/or commercial fisheries; and

(6) Enforcement efficiency.

ii. The conservation equivalency proposal must be approved by the New Jersey Marine Fisheries Council at a public meeting prior to submission to the Atlantic States Marine Fisheries Commission, Mid-Atlantic Fishery Management Council, New England Fishery Management Council, South Atlantic Fishery Management Council, and/or the National Marine Fisheries Service. Public notice of the meeting, including an agenda, shall be provided on the Department's website at http://www.nj.gov/dep/fgw/marcncl.htm. The agenda shall specify that the meeting will include discussion of a potential conservation equivalency proposal.

(q) All persons aboard any fishing vessel subject to this rule shall immediately comply with instructions and signals issued by a conservation officer, a marine police officer or other law enforcement officer to facilitate safe boarding and inspection of the vessel, its gear, equipment, and catch for the purpose of enforcement of this rule. After any instructions, signals or other communication from an authorized law enforcement officer indicating the officer's intent to perform an inspection, it shall be unlawful for any person to dispose of fish, fish parts or any other matter in any manner until such time as the inspection is complete. Violation of this provision shall subject the violator to the penalties established pursuant to 23:2B-14.

(r) Pursuant to 23:10-21 and 21.1, any gear used in the violating of the provisions of this subchapter may be seized and forfeited to the Division.

N.J. Admin. Code § 7:25-18.1

Amended by R.1990 d.607, effective 12/3/1990.
See: 22 N.J.R. 3078(a), 22 N.J.R. 3628(b).
Added new (e) through (h), redesignated existing (e) as (i).
Amended by R.1991 d.132, effective 3/18/1991.
See: 23 N.J.R. 37(a), 23 N.J.R. 848(b).
Size limit for marine fish changed in (a). Added (f), (g), (h), (i) and (j).
Amended by R.1991 d.348, effective 7/1/1991.
See: 23 N.J.R. 43(a), 23 N.J.R. 2011(a).
Deleted ", winter flounder measuring less than six inches in length, or measuring less than 13 inches in length" with stylistic changes in (a). Added ", winter flounder under 10 inches in length, or red drum under 14 inches in length" with stylistic changes in (b). Added (d). Redesignated (d) as (e); added reference to "(d)". Redesignated (e)-(n) as (f)-(o).
Amended by R.1992 d.143, effective 3/16/1992.
See: 24 N.J.R. 4(c), 24 N.J.R. 1113(a).
Added requirements for weakfish management.
Petition for Rulemaking: Request for reduction of size limit; denied.
See: 24 N.J.R. 2957(a).
Public Notice: Announcement of fish checking stations for the Striped Bass Trophy Program.
See: 24 N.J.R. 3767(c).
Amended by R.1992 d.476, effective 12/7/1992.
See: 24 N.J.R. 1456(a), 24 N.J.R. 4368(b).
New (e) and (f) added prohibiting the filleting of any flatfish at sea in order to prevent circumvention of size limits on fluke and winter flounder; recodification of existing (e)-(o) as (g)-(q).
Amended by R.1993 d.56, effective 1/19/1993.
See: 24 N.J.R. 4249(a), 25 N.J.R. 303(a).
(c) repealed and replaced in accordance with the Summer Flounder Fishery Management Plan developed by the Mid-Atlantic Fishery Management Council and Atlantic States Marine Fisheries Commission.
Amended by R.1993 d.77, effective 2/16/1993.
See: 24 N.J.R. 205(a), 25 N.J.R. 689(a).
Added Atlantic Sturgeon under 60 inches in height.
Administrative Correction.
See: 25 N.J.R. 4495(a).
Amended by R.1994 d.44, effective 1/18/1994.
See: 25 N.J.R. 2167(a), 26 N.J.R. 353(a).
Emergency Amendment, R.1994 d.230, effective 4/13/1994 (to expire June 12, 1994).
See: 26 N.J.R. 1885(a).
Amended by R.1994 d.248, effective 5/16/1994.
See: 26 N.J.R. 291(a), 26 N.J.R. 2021(b).
Adopted Concurrent Proposal, R.1994 d.339, effective 6/10/1994.
See: 26 N.J.R. 1885(a), 26 N.J.R. 2792(a).
Provisions of emergency amendment R.1994 d.230 readopted, with a change effective 7/5/1994.
Amended by R.1994 d.615, effective 12/19/1994.
See: 26 N.J.R. 1931(a), 26 N.J.R. 5011(a).
Amended by R.1995 d.82, effective 2/6/1995.
See: 26 N.J.R. 4277(b), 27 N.J.R. 487(a).
Administrative Change.
See: 27 N.J.R. 1793(a).
Amended by R.1996 d.587, effective 12/16/1996 (operative January 1, 1997).
See: 28 N.J.R. 3998(a), 28 N.J.R. 5231(a).
Changed section name from "Size and possession limits"; added species and changed size and possession limits throughout; in (a) and (b), inserted provisions relating to presumed possession; and in (c), inserted reference to bait nets.
Administrative change.
See: 29 N.J.R. 2278(a).
In (b), increased minimum size of Summer Flounder and Tautog; and in (c), increased possession limit of Summer Flounder.
Amended by R.1997 d.246, effective 6/2/1997.
See: 29 N.J.R. 285(a), 29 N.J.R. 2555(a).
In (a) and (b), added "(total length), except as noted below"; in (a), in table, changed minimum size for "Black sea bass" from 8 to 9 inches and added "Tautog (blackfish)"; inserted new (a)1, and recodified former (a)1 and (a)2 as (a)2 and (a)3; in (b), added "Black sea bass" to table; added (b)1; in (c), added "Black sea bass" to table; in (e), inserted "or possess such mutilated fish,"; and in (f)3v, added "Black sea bass" and "Scup" to table.
Amended by R.1998 d.40, effective 1/5/1998.
See: 29 N.J.R. 4595(a), 30 N.J.R. 226(a).
Added Bluefish to size limits; in (b) changed minimum size for Atlantic Cod and Haddock from 19 inches to 21 inches; in (f)3v, changed minimum length of Atlantic Cod and Haddock from 13 inches to 14 inches.
Administrative change.
See: 30 N.J.R. 1319(b).
Administrative change.
See: 30 N.J.R. 1402(b).
Amended by R.1999 d.52, effective 2/16/1999.
See: 30 N.J.R. 3881(a), 31 N.J.R. 538(a).
Rewrote (a) through (f).
Administrative change.
See: 31 N.J.R. 1084(a).
Amended by R.2000 d.10, effective 1/3/2000.
See: 31 N.J.R. 2555(a), 32 N.J.R. 48(a).
In (c), changed minimum size for Winter Flounder; in (h), substituted "upstream side of the U.S. Route 1 Bridge" for "Trenton Falls" following "from the".
Administrative change.
See: 32 N.J.R. 1387(a).
Amended by R.2000 d.395, effective 10/2/2000.
See: 31 N.J.R. 2555(a), 32 N.J.R. 3592(b).
In (c), increased minimum size for Winter Flounder; in (h), substituted "upstream side of the U.S. Route 1 Bridge" for "Trenton Falls"; inserted a new (n); and recodified former (n) through (p) as (o) through (q).
Amended by R.2001 d.73, effective 3/5/2001.
See: 32 N.J.R. 4435(a), 33 N.J.R. 874(a).
Administrative change.
See: 33 N.J.R. 1589(a).
Amended by R.2001 d.346, effective 9/17/2001.
See: 33 N.J.R. 453(a), 33 N.J.R. 3352(a).
Rewrote the section.
Administrative change.
See: 34 N.J.R. 921(a).
Administrative change.
See: 34 N.J.R. 1023(b).
Administrative change.
See: 34 N.J.R. 1669(a).
Amended by R.2002 d.277, effective 8/19/2002.
See: 34 N.J.R. 1375(a), 34 N.J.R. 2995(a).
In (a) to (c), added "River herring"; in (g), deleted "(a),", "or" preceding (e), inserted "or (f)" after (e); rewrote (h).
Administrative change.
See: 35 N.J.R. 708(a).
Administrative correction.
See: 35 N.J.R. 1561(a).
Administrative change.
See: 35 N.J.R. 1927(a).
Administrative correction.
See: 35 N.J.R. 5619(a).
Amended by R.2004 d.20, effective 1/5/2004.
See: 35 N.J.R. 4224(b), 36 N.J.R. 174(b).
In (a), amended the table of Common Name and Scientific Name; in (g), substituted "$ 30.00" for "$ 20.00".
Administrative change.
See: 36 N.J.R. 1191(c).
Administrative change.
See: 36 N.J.R. 2420(c).
Administrative change.
See: 37 N.J.R. 1177(b).
Administrative change.
See: 37 N.J.R. 3696(a).
Amended by R.2005 d.413, effective 11/21/2005.
See: 37 N.J.R. 742(a), 37 N.J.R. 4408(a).
In (a), added common name "Striped Bass" and scientific name "Morone saxatilis"; in (c), added species "Striped Bass" and open season information "refer to N.J.S.A. 23:5-45.1"; in (f)3vii, increased number of days suspension to 60 for first offense and 120 for second offense; added (f)3viii; recodified former (f)3viii as (f)3ix.
Administrative change.
See: 38 N.J.R. 1731(a).
Administrative correction.
See: 38 N.J.R. 2797(b).
Administrative change.
See: 39 N.J.R. 1473(b).
Amended by R.2008 d.15, effective 1/7/2008.
See: 39 N.J.R. 143(a), 40 N.J.R. 126(a).
In the tables in (a) and (c), inserted the entries for "Dolphin" and "Hybrid striped bass"; in the table in (b), inserted the entry for "Dolphin"; in the introductory paragraph of (e), inserted "(e)2 and"; added (e)2; in the introductory paragraph of (f)3v, inserted "fish of any species less than the minimum size limit specified in (c) above shall be filleted and no", and in the table in (f)3v, inserted the entries for "Hybrid striped bass" and "Striped bass"; in (g), substituted "(d) or (e)" for "(d), (e) or (f)"; in (p), inserted "or to maintain consistency with any Mid-Atlantic Fishery Management Council plan adopted by the National Marine Fisheries Service"; and in (q), inserted the second and third sentences.
Administrative change.
See: 40 N.J.R. 150(c), 2109(c).
Administrative change.
See: 41 N.J.R. 2012(a), 4114(a).
Administrative change.
See: 42 N.J.R. 789(a), 1374(a).
Amended by R.2010 d.155, effective 7/19/2010.
See: 42 N.J.R. 700(a), 42 N.J.R. 1527(a).
In (a), rewrote the table; in the introductory paragraph of (b), inserted a comma following the second occurrence of "sale"; in the tables following the introductory paragraphs of (b) and of (c), inserted the entries for "Large Coastal Group", "Small Coastal Group" and "Pelagic Group" under entry "Shark", and inserted the entry for "Smooth Dogfish"; in the introductory paragraph of (c), substituted "be measured" for "measure"; in the table following the introductory paragraph of (c), in the entry for "Shark", deleted "48" from the Minimum Size in inches" column and "Jan. 1-Dec. 31" from the "Open Season" column and substituted "1 per vessel, as specified in (c)2 below" for "2 per vessel" in the "Possession Limit" column; rewrote (c)2, the table in (d) and (e)1; and in (p), inserted ", and the list of shark species contained within any of the shark groups".
Administrative change.
See: 43 N.J.R. 1332(b), 1424(a).
Administrative change.
See: 44 N.J.R. 493(a), 1262(a), 1973(a), 2650(a).
Administrative change.
See: 45 N.J.R. 205(a), 1129(a), 1399(a), 1915(a), 2040(a).
Administrative change and correction.
See: 46 N.J.R. 212(b).
Administrative change.
See: 46 N.J.R. 293(a), 695(a), 789(a), 1641(c).
Administrative change.
See: 47 N.J.R. 1320(a), 2292(c).
Amended by R.2016 d.057, effective 6/6/2016.
See: 47 N.J.R. 1815(a), 48 N.J.R. 953(b).
Section was "Size, season and possession limits". In the introductory paragraph of (b), deleted "or" preceding "exposed", and inserted "barter, trade, or exchange for money or for any other thing of value, or attempt to purchase, sell, offer for sale, barter, trade, or exchange for money or for any other thing of value," and "or permitted"; in (g), inserted ", except that the penalty shall be $ 100.00 for each tautog taken or possessed"; and in the introductory paragraph of (h), inserted a comma following the second occurrence of "take", and substituted "Calhoun Street Bridge" for "U.S. Route 1 Bridge".
Administrative change.
See: 48 N.J.R. 959(a).
Administrative change.
See: 49 N.J.R. 1681(a), 1682(a).
Administrative change.
See: 50 N.J.R. 813(a), 1259(a), 1440(a).
Administrative change.
See: 51 N.J.R. 876(a).
Administrative change.
See: 51 N.J.R. 1355(a).
Administrative change.
See: 52 N.J.R. 887(b).
Administrative change, effective 12/7/2020.
See: 53 N.J.R. 77(b).
Administrative change, effective 7/20/2021.
See: 53 N.J.R. 1377(b).
Amended by R.2021 d.142, effective 12/20/2021.
See: 53 N.J.R. 297(a), 53 N.J.R. 2139(a).
Rewrote (c)2, (h)4, and (p).

Administrative Change, 54 N.J.R. 1075(a)

Administrative Change, 54 N.J.R. 1076(a)

Administrative Change, 54 N.J.R. 1076(b), effective 4/29/2022

Administrative Change, 54 N.J.R. 1298(a), effective 6/7/2022

Amended by 55 N.J.R. 13(a), effective 1/3/2023

Administrative Change, 55 N.J.R. 545(a), effective 2/22/2023

Administrative Change, 55 N.J.R. 601(b), 602(a)

Administrative Change, 55 N.J.R. 952(a), effective 4/3/2023

Administrative Change, 55 N.J.R. 1735(a), effective 7/2/2023

Administrative Change, 55 N.J.R. 2135(a), effective 9/7/2023

Administrative Change, 56 N.J.R. 773(a), 56 N.J.R. 774(a) effective 3/22/2024