N.J. Admin. Code § 7:25-18.12

Current through Register Vol. 56, No. 17, September 3, 2024

Section 7:25-18.12 - Size, season, and possession limits

(a) The following provisions are applicable to the commercial harvest of weakfish:

1. A vessel shall not possess or land in any one day more than 100 pounds of weakfish harvested by the gear specified below, provided the amount of weakfish landed from any vessel shall not exceed 50 percent, by weight, of the total weight of all species landed and sold, except during the respective open season specified below. During the respective open season for the gear types specified below, a vessel shall not possess or land in any one day more than 100 pounds of weakfish.

Gear	Open Season
Otter Trawl	January 1 through July 31 and October 13 through December 31
Pound Net	January 1 through June 6 and July 1 through December 31
Gill Net	January 1 through May 20, September 3 through October 19 and October 27 through December 31

2. A person shall not possess or land by any gear any weakfish less than 13 inches in length.

3. A vessel shall not possess or land by any gear other than the specified in (a)1 above more than 100 pounds of weakfish in any one day, provided the amount of weakfish landed from any vessel shall not exceed 50 percent, by weight, of the total weight of all species landed and sold, except during the respective open season specified in (a)1 above.

4. A dealer shall not accept more than 100 pounds of weakfish landed in New Jersey taken by the respective gear specified in (a)1 above, provided the amount of weakfish landed from any vessel shall not exceed 50 percent, by weight, of the total weight of all species landed and sold, except during the respective open season specified above. A dealer shall not accept from any vessel more than 100 pounds of weakfish landed in New Jersey during the respective open season for the gear types specified in (a)1 above.

5. A dealer shall not accept more than 100 pounds of weakfish a day landed in New Jersey taken by gear other than that specified in (a)1 above at any time, provided the amount of weakfish landed from any vessel shall not exceed 50 percent, by weight, of the total weight of all species landed and sold.

(b) The following provisions are applicable to the commercial harvest of bluefish:

1. A vessel shall not land for the purpose of sale nor sell any bluefish unless such vessel is in possession of a valid Federal commercial permit for bluefish.

2. New Jersey's annual allocation of bluefish as determined by the National Marine Fisheries Service shall be allocated according to gear type as follows:

i. Gill Net: 60.9 percent;

ii. Pound Net: 14.9 percent;

iii. Otter Trawl: 14.7 percent;

iv. Hook and Line: 1.8 percent; and

v. By-catch for gill net, pound net, and otter trawl fisheries during the closed season for that gear: 7.5 percent.

3. A vessel shall not land nor sell any bluefish taken by the gear type specified in (b)2 above except during the respective open season specified below.

Gear	Open Season
Gill Net	Jan. 1 through Dec. 31
Pound Net	Jan. 1 through Dec. 31
Otter Trawl	Jan. 1 through Dec. 31
Hook Line	June 16 through August 7

i. As specified in (b)2v above, 7.5 percent of the annual bluefish quota shall be allocated each year for by-catch landings during a closed period for the gill net, pound net, and otter trawl fisheries. No vessel shall have in possession or land more than 150 pounds of bluefish in any one day as bycatch during the closed season for the gear being utilized. The amount of bluefish landed from any vessel as by-catch shall not exceed 50 percent, by weight, of the total weight of all species landed and sold.

4. A dealer shall not accept any bluefish landed in New Jersey taken by the respective gear specified in (b)2 above except during the respective open season specified in (b)3 above, or as specified in (b)4i below:

i. A dealer may accept 150 pounds or less of bluefish from any one vessel a day during the closed season for bluefish for the gear utilized by the vessel, provided the amount of bluefish landed from any vessel shall not exceed 50 percent, by weight, of the total weight of all species landed and sold, during a gill net, pound net, or otter trawl closed season.

5. If any of the annual gear-specific quotas at (b)2 above is exceeded in any one calendar year and the total annual New Jersey bluefish quota is exceeded in that calendar year, the overharvest shall be deducted from that gear-specific quota in the next subsequent calendar year(s).

6. No fish dealer shall accept any bluefish from any vessel or harvester unless such dealer is in possession of a valid Federal dealer permit.

7. No dealer shall accept any bluefish from any vessel unless said vessel is in possession of a valid Federal commercial permit for bluefish.

8. Any individual or vessel landing bluefish in New Jersey for the purpose of sale shall sell all bluefish to a Federally permitted bluefish dealer.

9. All permitted bluefish dealers shall provide weekly landing reports to the Division on a form supplied by the Commissioner or by any other method approved by the Department.

10. A party or charter vessel possessing a Federal permit to commercially harvest bluefish by angling or hook and line or spearfishing and when operating under the permit shall be subject to the following:

i. Crew size shall be limited to no more than five persons, including the captain; and

ii. The vessel shall not carry any passengers for hire. When carrying passengers for hire, the bluefish permit is not valid and the possession limits and seasonal restrictions as specified in N.J.A.C. 7:25-18.1 apply.

11. The Commissioner, or his or her designee, shall close the season for the respective gear in (b)3 above upon two days public notice of the projected date the quota for the respective gear shall be landed. Such notice shall be provided by the posting of a notice on the Department's website, and either an e-mail or first class mail to all permit holders, commercial docks, and commercial fishing organizations on the mailing list of the Division.

12. If the Commissioner, or his or her designee, has closed the season under (b)11 above 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. Public notice shall be given as specified in (b)11 above.

(c) The following provisions are applicable to the commercial harvest of tautog:

1. The possession of more than 100 pounds of tautog on board a vessel or landed from a vessel shall constitute a directed fishery for tautog.

2. A vessel shall not land more than 100 pounds of tautog in New Jersey on any one trip, after January 1, 1997 unless said vessel is in possession of its valid New Jersey Tautog Permit to participate in a directed fishery for tautog. The permit shall be issued in the name of the vessel and the owner, and for the specific gear type(s) used to qualify for the permit.

i. Applicants for a New Jersey Tautog Permit shall complete an application provided by the Department and submit their application no later than December 31, 2002 including information on name, address, vessel name, vessel documentation or registration number, gear and landings criteria as specified at (c)2ii below;

ii. To be eligible for a New Jersey Tautog permit, the vessel's owner shall meet the following criteria:

(1) The vessel shall have landed at least 1,000 pounds of tautog in New Jersey and subsequently sold at least 1,000 pounds of tautog in each of two years during the period 1982 through 1993;

(2) Documented proof of landings shall accompany the application and shall consist of one or more of the following:

(A) Weigh-out slips totaling the weight harvested;

(B) A notarized statement, from the applicant and the purchaser(s), attesting to the weight harvested (a copy of the business records supporting the statement(s) must accompany the application); or

(C) Other documentation similar to that in (c)2ii(2)(A) or (B) above may be accepted at the discretion of the Commissioner after his or her review.

3. The possession of 100 pounds or less of tautog on board a vessel or landed from a vessel for the purpose of sale shall constitute a non-directed fishery for tautog.

4. A harvester or vessel shall not land tautog for the purpose of sale or sell any tautog after March 1, 1998 unless such harvester or vessel is in the possession of a valid New Jersey Tautog Permit or a valid New Jersey Non-Directed Fishery Tautog Permit.

5. A New Jersey Non-Directed Fishery Tautog Permit shall be issued in the name of the vessel and the owner, and for the specific gear type(s) used to qualify for the permit.

i. Applicants for a New Jersey Non-Directed Fishery Tautog Permit shall complete an application provided by the Department and submit their application no later than December 31, 2002 including information on name, address, vessel name, vessel documentation or registration number, gear and landings criteria as specified at (c)5ii below;

ii. To be eligible for a New Jersey Non Directed Fishery Tautog Permit, the vessel's owner shall meet the following criteria:

(1) The vessel or owner shall have landed at least 100 pounds of tautog in New Jersey and subsequently sold at least 100 pounds of tautog in each of two years during the period 1982 through 1997.

(2) Documented proof of landings shall accompany the application and shall consist of one or more of the following:

(A) Weigh-out slips totaling the weight harvested;

(C) Other documentation similar to that in (c)5ii(1)(A) or (B) above may be accepted at the discretion of the Commissioner after his or her review.

6. The New Jersey Tautog Permit or the New Jersey Non-Directed Fishery Tautog Permit shall be on board the vessel to which it is issued at all times. The applicable permit is valid upon issuance and in subsequent years unless revoked as part of a penalty action. The applicable permit is issued to a specific vessel in the name of the owner. The vessel, when engaged in a tautog fishery, may only have on board the gear type(s) listed on that vessel's permit.

7. The owner of a vessel permitted pursuant to this subsection may transfer his or her tautog permit provided the permit is not pending revocation or court action, upon application to the Department, as follows:

i. To his or her replacement vessel, provided the replacement vessel has no greater than 10 percent increase in length overall and 20 percent increase in shaft horsepower as compared to the originally permitted vessel. The vessel being replaced shall no longer be eligible for a tautog permit; or

ii. Along with the sale of his or her vessel to a new owner. The owner selling the vessel shall no longer be eligible for a tautog permit based on the harvesting history of the vessel being sold.

8. Transfer of a permit to a new vessel shall be limited to the same gear type(s) of the originally permitted vessel.

9. No permit shall be transferred without prior approval of the Department. Before final approval of a permit transfer, any unused tautog harvest tags issued pursuant to (c)11 below must be returned to the Department's Nacote Creek Research Station at the address below. The new permittee shall be issued their tautog harvest tags at the time of transfer.

Tautog Program

Nacote Creek Research Station

PO Box 418

Port Republic, NJ 08241-0418

10. A vessel possessing a permit to commercially harvest tautog by angling or hook and line or spearfishing and when operating under the permit shall be subject to the following:

i. Crew size shall be limited to no more than five persons, including the captain; and

ii. The vessel shall not carry any passengers for hire. When carrying passengers for hire, the tautog permit is not valid and the possession limits and seasonal restrictions as specified in N.J.A.C. 7:25-18.1 apply.

11. No person shall possess, for the purpose of sale, buy, sell, barter, or trade, or offer to buy, sell, barter, or trade, any tautog, unless it has been affixed with a tautog harvest tag in accordance with the following:

i. A harvester or vessel shall affix to any tautog being landed for the purpose of sale, barter, or trade, a tautog harvest tag prior to offloading or the vessel's crew disembarking. The tautog harvest tag shall be firmly affixed to the bony portion of the left side gill cover (operculum), such that the tag number faces outward from the body and can be readily viewed. All tautog tagged with a New Jersey commercial tautog harvest tag must be landed in New Jersey.

ii. The Commissioner, or his or her designee, shall issue tautog harvest tags to vessel owners in possession of a valid New Jersey Tautog Permit or a valid New Jersey Non-Directed Fishery Tautog Permit upon application by the permittee on a form provided by the Department. The Department shall make available tautog harvest tags at its Nacote Creek Research Station at the address provided at (c)9 above.

iii. If the permittee requires additional tautog harvest tags after exhausting the initial allotment granted, the permittee may apply to the Department for additional allotments, so long as they have met the reporting requirements pursuant to (c)12vii below.

iv. Tautog harvest tags shall only be valid for the year in which they are issued and are non-transferable. Any unused tautog harvest tags from the previous year must be returned to the Department's Nacote Creek Research Station at the address provided at (c)9 above no later than January 10 of the year following issuance. No vessel shall land any tautog in New Jersey and no dealer shall accept any tautog that is untagged or tagged with an invalid tautog harvest tag and no tag may be reused, altered, or modified.

v. A permittee issued tautog harvest tags shall report any used, lost, stolen, or damaged tautog harvest tags pursuant to (c)12vii below. No vessel shall land in New Jersey and no dealer shall accept any tautog tagged with a tautog harvest tag that has been reported as lost, stolen, or damaged.

vi. In addition to tautog harvest tags, a vessel must also have on-board a valid New Jersey Tautog Permit or a valid New Jersey Non-Directed Fishery Tautog Permit during the open season.

12. The annual tautog harvest quota for New Jersey shall be 103,000 pounds or as modified by the Commissioner pursuant to (i) below. All landings of tautog in New Jersey shall be applied to the New Jersey annual quota.

i. The commercial season for tautog shall be from January 1 through May 1 and September 19 through December 31.

ii. The Commissioner, or his or her designee, shall close the season for the commercial tautog fishery upon two days public notice of the projected date the annual quota shall be caught. Public notice shall be provided by the posting of a notice on the Department's website, and either an e-mail or first class mail to all New Jersey Tautog Permit and New Jersey Non-Directed Fishery Tautog Permit holders.

iii. Once the season has been closed for the commercial tautog fishery, no vessel shall land any tautog in New Jersey and no dealer shall accept any tautog landed in New Jersey.

iv. If the Commissioner, or his or her designee, has closed the season under (c)11ii above and if unanticipated environmental events result in the quota not being landed by the projected date stated in the closure notice and at least one month remains in the current season, then the Commissioner, or his or her designee, may reopen the season for a specified period of time upon two days public notice. Public notice shall be given as specified in (c)11ii above.

v. If the quota for any year is exceeded, the amount over harvested will be deducted from the following year's annual quota.

vi. Beginning in 1997, the Department shall notify the holders of New Jersey Tautog Permits and New Jersey Non-Directed Fishery Tautog Permits of the season allocations no later than January 31 of the year to which the allocation applies. Notification shall be by first class mail to permit holders.

vii. All New Jersey Tautog Permit and New Jersey Non-Directed Fishery Tautog Permit holders shall be required to complete monthly reports supplied by the Department. The monthly report shall be signed by the permittee attesting to the validity of the information and be submitted so it is received by the Department no later than five working days following the end of the reported month at the following address:

Tautog Program

Nacote Creek Research Station

PO Box 418

Port Republic, NJ 08241-0418

(1) The monthly report shall include, but not be limited to, the following information: name, permit number, total amount (in pounds) of tautog taken, dates caught, time at sea, duration of fishing time, area fished, crew size, the number of tautog harvest tags used, the number of tautog harvest tags lost, stolen, or damaged, landing port, date sold, and buyer. This information shall be provided for any trip in which tautog are landed.

(2) If no trips for tautog were taken and no tautog were landed during the month, a report to that effect shall be required.

13. Any person violating the provisions of this section shall be subject to the penalties prescribed at N.J.S.A. 23:2B-14 in addition to the following:

i. Failure to submit the required documentation to the application shall result in the denial of the permit.

ii. Falsification or misrepresentation of any information on the application including documentation provided to verify the amount of tautog landed as specified in (c)2ii(2) and (c)5ii(1) above shall result in the denial or revocation of the permit in addition to any civil or criminal penalties prescribed by law.

iii. Failure to comply with the provisions at (c)12iii above, landing tautog after the season has been closed, or (c)12vii above, failure to submit accurate and timely monthly reports, shall result in the suspension during open seasons for tautog or revocation of the vessel's tautog permit according to the following schedule:

(1) First Offense: 60 days suspension

(2) Second Offense: 120 days suspension

(3) Third Offense: permanent revocation

iv. In calculating the period of suspension or revocation applicable pursuant to (c)13iii 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 pursuant to the subparagraph; therefore, a permit holder who incurs more than one suspension in a three-year period shall not be considered a first offender pursuant to 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.

v. Prior to revocation of the permit, the permittee shall have the opportunity to request a hearing 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.

(d) The following provisions are applicable to the commercial harvest of sharks:

1. A person shall not possess more sharks than the number specified in the possession limit at N.J.A.C. 7:25-18.1(c) without a valid annual vessel permit for sharks issued by the National Marine Fisheries Service or a New Jersey commercial fishing license issued for the gear allowed in the commercial shark fishery. With a valid annual vessel permit or a New Jersey commercial fishing license, the maximum possession limit of sharks from the Aggregated Large Coastal shark species group and the Hammerhead shark species group combined, the Non-Blacknose Small Coastal shark species group, the Blacknose shark species group, and the Pelagic shark species group is the number determined by the National Marine Fisheries Service, as published by notice in the Federal Register and posted at https://www.fisheries.noaa.gov/rules-and-announcements/notices-and-rules. The Commissioner, or his or her designee, shall provide notice of any changes to the maximum possession limit for the Aggregated Large Coastal shark species group and the Hammerhead shark species group combined, the Non-Blacknose Small Coastal shark species group, the Blacknose shark species group, or the Pelagic shark species group, as determined by the National Marine Fisheries Service and published by notice in the Federal Register. Public notice shall include posting of a notice on the Department's website and either an email or first-class mail to all holders of a valid annual vessel permit for sharks issued by the National Marine Fisheries Service or a New Jersey commercial fishing license. A person shall not sell or attempt to sell any sharks without a valid permit for sharks issued by the National Marine Fisheries Service or a New Jersey commercial fishing license issued for the gear allowed in the commercial shark fishery.

i. Any harvester or vessel landing shark in New Jersey for the purpose of sale shall sell all sharks only to a dealer with a valid permit for sharks issued by the National Marine Fisheries Service.

2. A dealer shall not purchase or receive a shark without a valid annual dealer permit for sharks issued by the National Marine Fisheries Service. Each shark dealer shall report weekly shark landings electronically through the Standard Atlantic Fisheries Information System (SAFIS).

3. A person shall not sell and a dealer shall not receive any aggregated large coastal shark, any hammerhead shark, any non-blacknose small coastal shark, any blacknose shark, any smoothhound shark, or any pelagic shark, as identified in N.J.A.C. 7:25-18.1(a), after the effective date that the quota for that group of sharks has been reached or is projected to be reached by the National Marine Fisheries Service.

4. The commercial fishing season for shark shall be January 1 through December 31, except as specified below.

i. It shall be unlawful for any person to take, harvest, land, or possess any species belonging to the aggregated large coastal shark group or hammerhead group, as identified at N.J.A.C. 7:25-18.1(a), in State waters from May 15 through July 15 of any calendar year. Any above-named shark species harvested in Federal waters, under a valid annual vessel permit for sharks, issued by the National Marine Fisheries Service, may be transported through State waters during the closed season, provided:

(1) The vessel does not engage in fishing within State waters while possessing the above species;

(2) The sharks possessed were not caught in a closed area; and

(3) All fishing gear is stowed and not available for immediate use.

5. The following gear types may be used for commercial shark harvest in State marine waters: gillnets, trawl nets, and pound nets. Large-mesh gill nets are defined as having a stretch mesh greater than or equal to five inches.

6. All sharks harvested by commercial fishermen shall have tails and fins attached naturally through dockside landing, except that commercial fishermen may completely remove the fins of any of the species in the Smoothhound Shark Group from January 1 through December 31 each year, provided:

i. If the fins are removed from any species in the Smoothhound Shark Group, the total wet weight of the fins shall not exceed 12 percent of the dressed weight of the carcasses of any species in the Smoothhound Shark Group landed or found on board a vessel.

ii. If the fins are removed from smooth dogfish, in addition to the requirement at (d)6i above, at least 25 percent of the total retained catch of all marine species, by weight, shall be comprised of smooth dogfish.

7. The Smoothhound Shark Group annual quota shall be determined by the Atlantic States Marine Fisheries Commission and the trip limit is unlimited. All landings of the Smoothhound Shark Group species in New Jersey shall be applied to the New Jersey annual Smoothhound Shark Group quota.

i. Any closure of the Smoothhound Shark Group fishery by the Atlantic States Marine Fisheries Commission for areas including New Jersey shall automatically close all New Jersey waters to the harvest of the Smoothhound Shark Group species and to the commercial landings of Smoothhound Shark Group species. The Commissioner, or his or her designee, shall provide public notice of any such closure. Public notice shall include posting of a notice on the Department's website and either an e-mail or first class mail to all gill net, trawl net, and pound net license holders.

ii. If the quota for any season is exceeded, the amount overharvested shall be deducted from the following year's quota for that season.

(e) The following provisions are applicable to the commercial harvest of shad:

1. An individual shall not take or attempt to take, possess or land any shad in the State, without a valid Shad Commercial Net Permit or a Shad Incidental Harvest Permit issued by the Department, except as provided in (e)1i, (e)1ii, or (e)10 below. No person shall harvest or possess more than 300 pounds of shad per day without a Shad Commercial Net Permit, except as provided (e)1i, (e)1ii, or (e)10 below.

i. An individual may possess the recreational possession limit for American shad as established in N.J.A.C. 7:25-18.1(c) provided that the American shad are taken in the Delaware Bay and River or tributaries by hook and line only and are not sold, offered for sale, or exposed for sale.

ii. An individual may possess the recreational possession limit for hickory shad as established in N.J.A.C. 7:25-18.1(c) provided that the hickory shad are taken by hook and line only and are not sold, offered for sale, or exposed for sale.

2. To qualify for a Shad Commercial Net Permit, an applicant shall meet the following criteria:

Except as provided by (p) below, applications for a Shad Commercial Net Permit received after the above date shall be denied. Completed applications should be submitted to:

New Jersey Shad Permit

Nacote Creek Research Station

PO Box 418

Port Republic, NJ 08241-0418

ii. The applicant shall have landed at least 3,000 pounds of shad in each of three years from 1994-1998 inclusive;

iii. Documented proof of landings shall be one of the following:

(1) Weigh-out slips issued to the applicant by a wholesaler(s) who acquired fish from the applicant;

(2) Notarized statement(s) of the wholesaler(s) that the wholesaler's records establish that the applicant sold at least 3,000 pounds of shad in each of three calendar years during the period from 1994 through 1998 inclusive. A copy of the business records supporting the statement(s) shall accompany the application and the original business records shall be made available for inspection by the Department; or

(3) Other documentation similar to that in (e)2iii(1) and (2) above may be accepted at the discretion of the Commissioner after his or her review; and

iv. The applicant shall sign an affidavit on the application certifying as to the validity of the information provided.

3. Failure to attach the required documentation under (e)2iii above to the application shall result in the denial of the permit.

4. Falsification or misrepresentation of any information on the Shad Commercial Net Permit application including documentation provided to verify the amount of shad harvested shall result in the denial or revocation of the permit in addition to any civil or criminal penalties prescribed by law.

5. A Shad Incidental Harvest Permit shall be issued to qualifying applicants which will allow the harvest or possession of not more than 300 pounds of shad per day from New Jersey's waters. To qualify for a Shad Incidental Harvest Permit, an application shall comply with the following provisions:

i. The applicant shall submit an application provided by the Department by December 21, 2005 including information regarding the name and address of the vessel owner, vessel name, vessel documentation or registration number and documented proof of landings as listed in (e)5ii and iii below. Except as provided by (p) below, applications for a Shad Incidental Harvest Permit received after the above date shall be denied. Completed applications should be submitted to:

New Jersey Shad Permit

Nacote Creek Research Station

PO Box 418

Port Republic, NJ 08241-0418

ii. The applicant shall submit documented proof establishing that the applicant landed at least 150 pounds of shad in each of three calendar years during the period from 1994 through 1998 inclusive;

iii. Documented proof shall be one of the following:

(1) Weigh-out slips issued to the applicant by a wholesaler(s) who acquired fish from the applicant;

(2) Notarized statement(s) of the wholesaler(s) that the wholesaler's records establish that the applicant sold at least 150 pounds of shad during each of three calendar years during the period from 1994 through 1998 inclusive. A copy of the business records supporting the statement(s) shall accompany the application; or

(3) Other documentation similar to that in (e)5iii(1) and (2) above may be accepted at the discretion of the Commissioner after his or her review; and

iv. The applicant shall sign an affidavit on the application certifying as to the validity of the information provided.

6. Failure to attach the required documentation under (e)5iii to the application shall result in the denial of the permit.

7. Falsification or misrepresentation of any information on the Shad Incidental Harvest Permit application including documentation provided to verify the amount of shad harvested shall result in the denial or revocation of the permit in addition to any civil or criminal penalties prescribed by law.

8. All Shad Commercial Net Permit and Shad Incidental Harvest Permit holders shall have their permit on their person at all times when engaged in any phase of harvesting, transporting, selling or possessing shad.

9. Shad Commercial Net Permits and Shad Incidental Harvest Permits are non-transferable except that the holder of a valid permit not pending suspension or revocation may transfer the right to the permit at any time to the permit holder's spouse, father, mother, son, daughter, brother or sister upon application to the Department.

10. A person shall not:

i. Land nor sell any American shad taken in the Delaware Bay or River except during the season from January 1 through December 31;

ii. Land or possess any American shad taken in any marine waters other than the Delaware Bay, or the Delaware River and its tributaries, except as provided in (e)10iii below;

iii. Barter, sell, offer for sale, or expose for sale, any American shad landed from vessels fishing exclusively in the Exclusive Economic Zone (Federal waters) while operating under a valid Federal permit for Atlantic mackerel and/or Atlantic herring. These vessels may possess American shad up to a maximum of five percent, by weight, of all species possessed.

11. All Shad Commercial Net Permit and Shad Incidental Harvest Permit holders shall be required to complete annual reports on forms supplied by the Department. The annual report shall be signed by the permittee attesting to the validity of the information and be submitted so it is received by the Department no later than January 15 of the following calendar year at the following address:

Division of Fish and Wildlife

American Shad Program

PO Box 418

Port Republic, NJ 08241

i. The annual report shall include:

(1) The daily harvest and sale, in pounds, of American shad;

(2) The buyer(s) name;

(3) The name and address of the permit holder; and

(4) Any other requested information pertinent to management of the American shad resource including catch/effort, length and sex data, bycatch data and tagging information from a representative size range of shad.

12. Research personnel from the Department shall be allowed to sail aboard any permitted vessel at any time, provided the Department notifies the permittee at least two days in advance.

13. Any person or permittee violating the provisions of this section shall be subject to the penalties described in N.J.S.A. 23:2B-14 in addition to the following:

i. Failure to comply with the provisions of (e)1 above, landing shad without the applicable shad permit or landing greater than the allowable limit authorized by the applicable shad limit, (e)10 above, landing shad outside the open season or (e)11 above, timely submission of annual reports, shall subject the violator to suspension during the period from March 1 to May 15 or revocation of the Shad Commercial Net Permit or Shad Incidental Harvest Permit according to the following schedule:

(1) First offense: 60 day suspension

(2) Second offense: 120 day suspension

(3) Third offense: Permanent revocation of permit.

ii. In calculating the period of suspension or revocation applicable under (e)13i 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.

iii. Prior to the suspension or revocation of the permit, the permittee shall have the opportunity to request a hearing pursuant to the Administrative Procedures 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.

(f) The following provisions are applicable to the commercial harvest of black drum:

1. A vessel shall not possess or land by any gear more than 10,000 pounds of black drum in any one day;

2. A dealer shall not accept from a vessel or person more than 10,000 pounds of black drum a day landed in New Jersey;

3. The annual black drum harvest quota for New Jersey shall be 65,000 pounds; and

4. The Commissioner, or his or her designee, shall close the season upon two days public notice of the projected date the quota shall be landed. Such notice shall be provided by posting of a notice on the Department's website and either an e-mail or first class mail sent to all commercial docks and commercial fishing organizations on the mailing list of the Division of Fish and Wildlife.

(g) The following provisions are applicable to the commercial harvest of spiny dogfish:

1. A person or vessel shall not possess for sale any spiny dogfish nor shall a person sell or attempt to sell spiny dogfish without a valid annual vessel permit for spiny dogfish issued by the National Marine Fisheries Service.

2. A dealer shall not purchase or receive spiny dogfish without a valid annual dealer permit for spiny dogfish issued by the National Marine Fisheries Service.

3. No person or vessel shall have in possession or land, and no dealer shall accept from any one vessel, more than the daily trip limit set by the National Marine Fisheries Service or the Atlantic State Marine Fisheries Commission.

i. In accordance with the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Spiny Dogfish, which authorizes southern region states (New York to North Carolina) to set state-specific trip limits based on the needs of their fisheries, no person or vessel shall have in possession or land more than 4,000 pounds of spiny dogfish per day, and no dealer shall accept more than 4,000 pounds of spiny dogfish per day from any one vessel.

4. Any closure of the spiny dogfish fishery by the National Marine Fisheries Service in adjacent Federal waters or recommended closure by the Atlantic States Marine Fisheries Commission for areas including New Jersey automatically closes New Jersey waters to the harvest of spiny dogfish and to the commercial landings of spiny dogfish.

(h) The following provisions are applicable to the commercial harvest of black sea bass:

1. After December 31, 2002, a vessel shall not land more than 100 pounds of black sea bass during the period of January 1 through March 31 or more than 50 pounds of black sea bass during the period April 1 through December 31 in New Jersey on any one trip unless said vessel is in possession of a valid New Jersey Black Sea Bass Permit. The permit shall be issued in the name of the vessel and the owner and for the specific gear type(s) used to qualify for the permit.

i. Applicants for a New Jersey Black Sea Bass Permit shall complete and submit an application provided by the Department by December 31, 2002 that includes information on name, address, vessel name, vessel documentation or registration number, gear and landings criteria as specified in (h)1ii below. Applications for a New Jersey Black Sea Bass Permit received after the above date shall be denied.

ii. To be eligible for a New Jersey Black Sea Bass Permit, the vessel's owner shall meet the following criteria:

(1) The vessel shall have landed and sold a minimum cumulative total of 10,000 pounds of black sea bass in New Jersey during the period 1988 through May 3, 2001;

(2) The vessel shall have possessed a valid Federal Black Sea Bass Moratorium Permit or appropriate New Jersey gear license for each year of submitted landings documentation; and

(3) Documented proof of landings shall consist of one or more of the following:

(A) Weigh-out slips totaling the weight harvested;

(B) A notarized statement from the applicant and the purchaser(s) attesting to the weight harvested (a copy of the business records supporting the statement(s) must accompany the application);

(C) Other documentation similar to that in (h)1ii(3)(A) or (B) above may be accepted at the discretion of the Commissioner after his or her review.

2. The New Jersey Black Sea Bass Permit shall be on board the vessel to which it is issued at all times. The permit is valid from the date of issuance and for any subsequent years unless revoked as part of a penalty action. The vessel, when engaged in a black sea bass fishery, may only have on board the gear type(s) listed on that vessel's New Jersey Black Sea Bass Permit.

3. The owner of a vessel permitted pursuant to this subsection not pending revocation or court action may transfer his or her Black Sea Bass Permit, upon application to the Department, as follows:

i. To his or her replacement vessel, provided the replacement vessel is not greater than 10 percent larger in vessel length, gross registered tonnage and net tonnage and not more than 20 percent greater in horsepower than the originally permitted vessel. The vessel being replaced shall no longer be eligible for a black sea bass permit; or

ii. Along with the sale of his or her vessel to a new owner. The owner selling the vessel shall no longer be eligible for a Black Sea Bass Permit based on the harvesting history of the vessel being sold.

4. Transfer of a permit to a new vessel shall be limited to the same gear type(s) of the originally permitted vessel.

5. Applicants for permit transfer shall complete an application provided by the Department, and no permit may be transferred without the prior approval of the Department.

6. A vessel possessing a valid Black Sea Bass Permit to commercially harvest black sea bass by angling or hook and line and when operating under the permit shall be subject to the following:

i. Crew size shall be limited to no more than five persons, including the captain; and

ii. The vessel shall not carry any passengers for hire. When carrying passengers for hire the Black Sea Bass Permit is not valid and the recreational possession limits and seasonal restrictions as specified in N.J.A.C. 7:25-18.1 apply.

7. A vessel that does not possess a New Jersey Black Sea Bass Permit shall be permitted to land not more than 100 pounds of black sea bass during the period of January 1 through December 31 on any trip, provided the amount of black sea bass landed from any vessel shall not exceed 10 percent, by weight, of the total weight of all species landed and sold. Vessels taking black sea bass by angling or hook and line that do not possess a New Jersey Black Sea Bass Permit shall be subject to the possession limits established at N.J.A.C. 7:25-18.1 and the seasonal bycatch limits and 10 percent criteria specified above.

8. Annual black sea bass quotas shall be determined by the Mid-Atlantic Fishery Management Council and implemented by the National Marine Fisheries Service or determined by the Atlantic States Marine Fisheries Commission.

i. The Commissioner, or his or her designee, shall implement annual black sea bass quotas determined by the Atlantic States Marine Fisheries Commission upon four days' public notice. Public notice shall include letters by first class mail to all New Jersey Black Sea Bass Permit holders. The implemented quotas shall also be reflected in this subsection through a notice of administrative change in the New Jersey Register, in accordance with N.J.A.C. 1:30-2.7.

ii. Ten percent of the New Jersey annual black sea bass quota shall be allocated each year for by-catch landings when any of the seasons for the directed commercial fishery defined at (h)8iii below are closed. The bycatch landings shall be divided between seasons as identified at (h)8iii below at the same percentage apportioned to each season as specified at (h)8iii below.

(1) Any by-catch not landed during the season allocated shall be added to the directed fisheries quota of the following season except during the last season.

(2) If any of the by-catch allowance has not been landed by December 1 in any calendar year the remaining amount shall be added to the directed black sea bass fishery quota.

(3) For the purpose of this section, all directed fishery seasons identified at (h)8iii below shall start on the first calendar day of the applicable month.

iii. The balance of the New Jersey annual quota for the black sea bass fishery remaining after deducting the by-catch allowance specified at (h)8ii above shall be divided into seasons, percentage of the annual quota apportioned into each season, daily trip limits, and number of allowable landing days in each period. The first period of each season shall start on the first calendar day of that season and shall end on the first Saturday of that season. Each subsequent one- or two-week period will begin on Sunday and end on the first or second following Saturday. The final period of each season shall end on the last day of the month of that season. The seasons, percentage of quota, daily trip limits, and allowable landing days are as follows:

(1) January--February: 21.96 percent, a 750-pound trip limit and a maximum of four days per week that a vessel may land black sea bass, or a 1,500-pound trip limit and a maximum of two days per week that a vessel may land black sea bass, or a 3,000-pound trip limit and a maximum of one day per week that a vessel may land black sea bass.

(2) March--April: 20.9 percent, a 750-pound trip limit and a maximum of four days per week that a vessel may land black sea bass, or a 1,500-pound trip limit and a maximum of two days per week that a vessel may land black sea bass, or a 3,000-pound trip limit and a maximum of one day per week that a vessel may land black sea bass.

(3) May--June: 16.53 percent, a 1,333-pound trip limit a maximum of six days per week that a vessel may land black sea bass, or a 2,000-pound trip limit a maximum of four days per week that a vessel may land black sea bass, or a 4,000-pound trip limit a maximum of two days per week that a vessel may land black sea bass.

(4) July-August: 9.1 percent, a 1,000-pound trip limit a maximum of six days per week that a vessel may land black sea bass, or a 2,000-pound trip limit a maximum of three days per week that a vessel may land black sea bass, or a 3,000-pound trip limit a maximum of two days per week that a vessel may land black sea bass.

(5) September--October: 13.53 percent, 1,000 pound trip limit a maximum of six days per week that a vessel may land black sea bass, 2,000 pound trip limit a maximum of three days per week that a vessel may land black sea bass, or a 3,000 pound trip limit a maximum of two days per week that a vessel may land black sea bass.

(6) November--December: 17.97 percent, a 1,000-pound trip limit a maximum of four days per week that a vessel may land black sea bass, or a 2,000-pound trip limit a maximum of two days per week that a vessel may land black sea bass, or a 4,000-pound trip limit a maximum of one day per week that a vessel may land black sea bass.

(7) If a minimum of 50 percent of a New Jersey black sea bass seasonal quota remains unlanded when there is at least 50 percent of the season remaining, the Commissioner, or his or her designee, may set a daily trip limit for the remainder of that specified season to achieve optimal utilization of the available quota upon two days' public notice. Public notice shall be given as specified in (h)8v below.

(8) Any daily landing of black sea bass not exceeding 100 pounds during the period of January 1 through December 31 shall not be applied to maximum weekly landing days during any season as specified at (h)8iii(1) through (4) above, provided the amount of black sea bass landed from any vessel shall not exceed 10 percent, by weight, of the total weight of all species landed and sold.

iv. No vessel shall have in possession or land and no dealer shall accept from any one vessel or person more than the daily trip limit of black sea bass set by the Commissioner in any one calendar day.

v. The Commissioner, or his or her designee, shall close the season for the commercial black sea bass fishery upon two days' public notice of the projected date the seasonal percentage of the annual quota shall be caught. Public notice shall be provided by posting of a notice on the Department's website and either an e-mail or first class mail sent to all New Jersey Black Sea Bass Dealers and New Jersey Black Sea Bass Permit holders.

vi. Once the season has been closed for the directed commercial black sea bass fishery, no vessel or person shall land or sell any black sea bass and no dealer or person shall accept or purchase any black sea bass landed in New Jersey in excess of the by-catch allowances specified in (h) 1 and 7 above and provided the amount of black sea bass landed from any vessel shall not exceed 10 percent, by weight of all species landed and sold. If the entire season and/or annual quota including the by-catch allowance has been landed, then no vessel or person shall land or sell any black sea bass and no dealer or person shall accept or buy any black sea bass landed in New Jersey.

vii. If the Commissioner, or his or her designee, has closed the season under (h)8v above 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. Public notice shall be given as specified in (h)8v above.

(1) The Commissioner or his or her designee may set daily trip limits when reopening a prematurely closed season.

viii. If the quota for a particular season is not taken, the balance shall be reallocated for the following season, except that any balance existing as of December 31 of any year shall not be reallocated.

ix. If the quota for any season is exceeded, the amount overharvested shall be deducted from the following season. The amount overharvested shall also be deducted from the following years seasonal quota in pounds and reallocated to the season from which it was deducted the previous year.

x. Any vessel participating in the black sea bass fishery shall notify the Department of the time and place of unloading of the vessel at least two hours in advance of such unloading. Such unloading shall not occur except between the hours of 6:00 A.M. and 6:00 P.M. from November 1 through April 30 and 6:00 A.M. and 8:00 P.M. from May 1 through October 31. The vessel shall also report how many times that week (Sunday through Saturday) the vessel will have landed, including the trip being called in. For example, "This will be my third landing this week." Notification shall include a phone call to (609) 748-2050 unless changed by notice to permit holders via first class mail.

9. After December 31, 2002, no dealer shall accept or purchase any black sea bass from any vessel or harvester unless such dealer is in possession of a valid New Jersey Black Sea Bass Dealers Permit. A New Jersey Black Sea Bass Dealers Permit may be obtained by completing an application supplied by the Department and submitting it to:

New Jersey Black Sea Bass Dealers Permit

Nacote Creek Research Station

PO Box 418

Port Republic, NJ 08241

10. After December 31, 2002, no dealer shall accept or purchase from any one vessel more than the amounts of black sea bass specified at (h)1 above unless said vessel is in possession of its valid New Jersey Black Sea Bass Permit.

11. After December 31, 2002, any harvester or vessel landing black sea bass in New Jersey for the purpose of sale shall sell all black sea bass to a permitted New Jersey Black Sea Bass Dealer.

12. All permitted New Jersey Black Sea Bass Dealers shall provide daily reports during the period January 1 through April 15 and weekly reports during the period April 16 through December 31 to the Division listing the amount of black sea bass landed on a daily basis and any other information that may be required by the Commissioner. If no black sea bass were landed, a report to that effect shall be required. Such report shall be faxed to the Division at the number listed on the reporting form no later than 10:00 A.M. on the following day for daily reports and 12:01 P.M. on Monday following the week's end for weekly reports or sent by any other method approved by the Department. For the purpose of this provision, the week shall begin on Sunday and end on Saturday.

13. Any person violating the provisions of this section shall be subject to the penalties prescribed in N.J.S.A. 23:2B-14 in addition to the following:

i. Failure to submit the required documentation to an application shall result in the denial of the permit.

ii. Falsification or misrepresentation of any information on an application including documentation provided to verify the amount of black sea bass landed as specified in (h)1ii(3) above shall result in the denial or revocation of the permit in addition to any civil or criminal penalties prescribed by law.

iii. Failure to comply with the provisions of (h)6 above, criteria under which a vessel may harvest black sea bass by angling or hook and line, (h)8 above, exceeding daily trip limits and landing black sea bass after the season has been closed, (h)9 above, accepting or purchasing black sea bass without a New Jersey Black Sea Bass Dealers Permit, (h)10 above, accepting or purchasing from any non-permitted vessel more than the amount of black sea bass stipulated pursuant to (h)1 and 7 above, and (h) 11 above, selling black sea bass to a non-permitted dealer shall result in the suspension during open season(s) or revocation of the vessel's and/or dealer's Black Sea Bass Permit according to the following schedule:

(1) First offense: 60 days suspension;

(2) Second offense: 120 days suspension;

(3) Third offense: permanent revocation;

iv. In calculating the period of suspension or revocation applicable under (h)13iii 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.

v. Any person who has had his or her New Jersey Black Sea Bass Dealers Permit suspended or revoked shall not land or permit the landing of any black sea bass at his or her facility during the suspension or revocation under the provisions of another permittee's New Jersey Black Sea Bass Dealers Permit.

vi. Prior to revocation of the permit, the permittee shall have the opportunity to request a hearing 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.

(i) The following provisions are applicable to the commercial harvest of summer flounder:

1. A vessel shall not land more than 100 pounds of summer flounder during the period of May 1 through October 31 or more than 200 pounds of summer flounder during the period of November 1 through April 30 in New Jersey on any one trip unless said vessel is in possession of a valid New Jersey Summer Flounder Permit to participate in the directed fishery for summer flounder. Vessels fishing under the special terms of a quota transfer or combination program as provided in (i)3 below may be exempt from this requirement if such terms specify that a New Jersey Summer Flounder Permit is not necessary to land summer flounder in New Jersey. The permit shall be issued in the name of the vessel and the owner and for the specific gear type(s) used to qualify for the permit.

i. Applicants for a New Jersey Summer Flounder Permit shall complete an application provided by the Department. Applicants applying to use hook and line shall submit their applications no later than May 31, 1994. Applicants applying for a New Jersey Summer Flounder permit for any other gear type shall submit their applications no later than January 1, 2000. Applications for a New Jersey Summer Flounder Permit received after the above dates shall be denied.

ii. To be eligible for a New Jersey Summer Flounder Permit the vessel's owner shall meet the following criteria:

(1) The vessel shall have landed and sold at least 1,000 pounds of summer flounder in New Jersey in each of two years during the period of 1985-1992;

(2) The vessel shall have possessed a valid New Jersey otter trawl, pound net, or gill net license or a valid Federal summer flounder permit during each of the two years it qualified based upon the pounds of summer flounder landed and sold in (i)1ii(1) above. Vessels providing documentation regarding the amount of summer flounder landed for two years between January 1, 1985 to November 2, 1988 or vessels providing documentation of harvest by hook and line are exempt from this requirement; and

(3) Applicants shall provide weigh out slips to document the amount of summer flounder landed and copies of their New Jersey otter trawl, pound net or gill net license or Federal summer flounder permit for the respective years.

iii. The New Jersey Summer Flounder Permit shall be on board the vessel to which it is issued at all times. The permit is valid from the date of issuance and for any subsequent years unless revoked as part of a penalty action. The vessel, when engaged in the directed summer flounder fishery, may only have on board the gear type(s) listed on the New Jersey Summer Flounder Permit.

(1) The owner of a permitted vessel pursuant to this subsection not pending revocation or court action may transfer his or her New Jersey Summer Flounder Permit, upon application to the Department, as follows:

(A) To his or her replacement vessel, provided the replacement vessel is not greater than 10 percent larger in vessel length, gross registered tonnage and net tonnage and not more than 20 percent greater in horsepower than the originally permitted vessel. The vessel being replaced shall no longer be eligible for a New Jersey Summer Flounder Permit; or

(B) Along with the sale of his or her vessel to a new owner. The owner selling the vessel shall no longer be eligible for a New Jersey Summer Flounder Permit based on the harvesting history of the vessel being sold.

(2) Transfer of a permit to a new vessel shall be limited to the same gear type(s) of the originally permitted vessel.

(3) Applicants for permit transfer shall complete an application provided by the Department, and no permit may be transferred without the prior approval of the Department.

iv. A vessel possessing a valid New Jersey Summer Flounder Permit to commercially harvest summer flounder by angling or hook and line and when operating under the permit shall be subject to the following:

(1) Crew size shall be limited to no more than five persons, including the captain; and

(2) The vessel shall not carry any passengers for hire. When carrying passengers for hire the New Jersey Summer Flounder Permit is not valid and the recreational possession limits and seasonal restrictions as specified in N.J.A.C. 7:25-18.1 apply.

v. A vessel that does not possess a New Jersey Summer Flounder Permit shall be permitted to land not more than 100 pounds of summer flounder during the period of May 1 through October 31, or not more than 200 pounds of summer flounder during the period of November 1 through April 30 on any trip provided the amount of summer flounder landed from any vessel shall not exceed 10 percent, by weight, of the total weight of all species landed and sold, except that vessels taking summer flounder by angling or hook and line shall be subject to the possession limits established in N.J.A.C. 7:25-18.1.

2. The annual summer flounder harvest quota for New Jersey shall be determined by the Mid-Atlantic Fishery Management Council as implemented by the National Marine Fisheries Service. All landings of summer flounder in New Jersey shall be applied to the New Jersey annual summer flounder quota unless New Jersey enters into an agreement with another state(s) to transfer or combine summer flounder commercial quotas, as provided for pursuant to (i)3 below and such agreement indicated otherwise.

i. Ten percent, but not more than 200,000 pounds of the New Jersey annual summer flounder quota, shall be allocated each year for by-catch landings when any of the six seasons for the directed commercial fishery are closed. The by-catch landings shall be divided between the six seasons as identified at (i)2ii below at the same percentage as for the directed fishery specified at (i)2ii below or as modified by the Commissioner.

(1) Any by-catch not landed during the season allocated shall be added to the directed fishery of the following season except during the last season.

(2) If any of the by-catch allowance has not been landed by December 1 in any calendar year, the remaining amount shall be added to the directed summer flounder fishery quota.

(3) For the purpose of this section, all directed fishery seasons identified at (i)2ii below shall start on the first calendar day of the applicable month.

ii. The balance of the New Jersey annual quota for the summer flounder fishery remaining after the by-catch allowance specified at (i)2i above shall be divided into seasons, percentage of the annual quota apportioned to each season, daily trip limits, and the number of allowable landing days in each one- or two-week period. The first period of each season shall start on the first calendar day of that season and end on the first Saturday of that season. Each subsequent one- or two-week period will begin on Sunday and end on the first or second following Saturday. The final period of each season shall end on the last day of the final month of that season. The seasons, percentage of quota, daily trip limits, and allowable landing days are as follows:

(1) January--February: 28 percent, a 1,750-pound trip limit and a maximum of two days per week that a vessel may land summer flounder, or a 3,500-pound trip limit and a maximum of one day per week that a vessel may land summer flounder;

(2) March--April: 11 percent, a 285-pound trip limit and a maximum of seven days per week that a vessel may land summer flounder, or a 500-pound trip limit and a maximum of four days per week that a vessel may land summer flounder, or a 1,000-pound trip limit and a maximum of two days per week that a vessel may land summer flounder, or a 2,000-pound trip limit a maximum of one day per week that a vessel may land summer flounder;

(3) May--June: 10.5 percent, a 214-pound trip limit and a maximum of seven days per week that a vessel may land summer flounder, or a 500-pound trip limit and a maximum of three days per week that a vessel may land summer flounder, or a 750-pound trip limit and a maximum of two days per week that a vessel may land summer flounder, or a 1,500-pound trip limit a maximum of one day per week that a vessel may land summer flounder;

(4) July--August: 10.5 percent, a 214-pound trip limit and a maximum of seven days per week that a vessel may land summer flounder, or a 500-pound trip limit and a maximum of three days per week that a vessel may land summer flounder, or a 750-pound trip limit and a maximum of two days per week that a vessel may land summer flounder, or a 1,500-pound trip limit and a maximum of one day per week that a vessel may land summer flounder;

(5) September--October: 29 percent, a 500-pound trip limit and a maximum of seven days per week that a vessel may land summer flounder, or a 875-pound trip limit and a maximum of four days per week that a vessel may land summer flounder, or a 1,750-pound trip limit and a maximum of two days per week that a vessel may land summer flounder, or a 3,500-pound trip limit and a maximum of one day per week that a vessel may land summer flounder;

(6) November--December: 11 percent, a 500-pound trip limit and a maximum of four days per week that a vessel may land summer flounder, or a 1,000-pound trip limit and a maximum of two days per week that a vessel may land summer flounder, or a 2,000-pound trip limit and a maximum of one day per week that a vessel may land summer flounder; and

(7) Any daily landing of summer flounder not exceeding 100 pounds during the period of May 1 through October 31 or 200 pounds during the period November 1 through April 30 shall not be applied to maximum weekly landing days during any season as specified in (i)2ii(1) through (6) above, provided the amount of summer flounder landed from any vessel shall not exceed 10 percent, by weight, of the total weight of all species landed and sold.

iii. No vessel shall have in possession or land and no dealer shall accept from any one vessel more than the daily trip limit of summer flounder in any one calendar day.

iv. Any vessel participating in a directed summer flounder fishery shall notify the Department of the time and place of unloading of the vessel at least two hours in advance of such unloading. Such unloading shall not occur except between the hours of 6:00 A.M. and 6:00 P.M. from November 1 through April 30 and 6:00 A.M. and 8:00 P.M. from May 1 through October 31. The vessel shall also report how many times that week (Sunday through Saturday) the vessel will have landed, including the trip being called in. For example, "This will be my third landing this week." Notification shall include a phone call to (609) 748-2050 unless changed by notice to permit holders via first class mail.

v. If a minimum of 50 percent of a New Jersey summer flounder seasonal quota remains unlanded where there is at least 50 percent of the season remaining, the Commissioner, or his or her designee, may set a daily trip limit for the remainder of that specified season to achieve optimal utilization of the available quota or until the quota specified in (i)2 above is landed, whichever occurs first, upon two days' public notice. Public notice shall be given as specified in (i)2vi below.

vi. The Commissioner, or his or her designee, shall close the season for the directed and/or by-catch commercial summer flounder fishing season upon two days' public notice of the projected date the seasonal percentage of the annual quota shall be caught. Public notice shall be provided by posting of notice on the Department's website and either an e-mail or first class mail sent to all permitted New Jersey Summer Flounder Dealers and New Jersey Summer Flounder Permit holders.

vii. Once the season has been closed for the directed commercial summer flounder fishery, no vessel shall land any summer flounder and no dealer shall accept any summer flounder landed in New Jersey in excess of the by-catch allowances specified in (i)1 above and provided the amount of summer flounder landed from any vessel shall not exceed 10 percent by weight of the total weight of all species landed and sold. If the entire season and/or annual quota including the by-catch allowance has been landed, then no vessel or person shall land or sell any summer flounder and no dealer or person shall accept or buy any summer flounder landed in New Jersey.

viii. If the Commissioner, or his or her designee, has closed the season under (i)2vi above 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. Public notice shall be given as specified in (i)2vi above.

(1) The Commissioner, or his or her designee, may set daily trip limits when reopening a prematurely closed season.

ix. If the quota for a particular season is not taken, the balance shall be reallocated for the following season, except that any balance existing as of December 31 of any year shall not be reallocated.

x. If the quota for any of the first five seasons is exceeded, the amount overharvested shall be deducted from the following season.

xi. If the quota for any year is exceeded, the amount overharvested will be deducted from the following year's annual quota. The remaining annual quota will then be allocated as defined in (i)2i and ii above.

xii. Beginning in 1994, the Department shall notify the holders of New Jersey Summer Flounder Permits of the season allocations no later than January 31 of the year to which the allocation applies. Notification shall be accomplished by first class mail to permit holders.

xiii. All New Jersey Summer Flounder Permit holders shall be required to complete monthly reports supplied by the Department. The monthly report shall be signed by the permittee attesting to the validity of the information and be submitted so it is received by the Department no later than 15 working days following the end of the reported month at the following address:

New Jersey Summer Flounder Program

Nacote Creek Research Station

PO Box 418

Port Republic, NJ 08241-0418

(1) The monthly report shall include, but not be limited to, the following information: name, New Jersey Summer Flounder Permit number of the vessel, total amount (in pounds) of each species taken, dates caught, time at sea, duration of fishing time, gear type used to harvest, number of tows, area fished, crew size, landing port, date sold and buyer. This information shall be provided for any trip in which summer flounder are landed. New Jersey Summer Flounder Permit holders who also possess a Federal summer flounder permit and are required to report monthly to the Federal government may submit the "STATE" copy of their Federal log book in satisfaction of the New Jersey reporting requirements.

(2) If no trips for summer flounder were taken and no summer flounder were landed during the month, a report to that effect shall be required.

3. Pursuant to Amendment 5 of the Mid-Atlantic Fishery Management Council's Summer Flounder Management Plan, the Commissioner may enter into agreements with other states to transfer or combine summer flounder commercial quotas. Such agreements shall specify the terms and conditions under which vessels not in possession of a New Jersey Summer Flounder Permit may land summer flounder in New Jersey, as well as how the landings will be applied to the quota. Any agreement developed by the Commissioner and any other state is not valid until such time as it has been reviewed and approved by the Northeast Regional Director of the National Marine Fisheries Service.

4. No fish dealer shall accept any summer flounder from any vessel or harvester unless such dealer is in possession of a valid New Jersey Summer Flounder Dealers Permit. A New Jersey Summer Flounder Dealers Permit may be obtained by completing an application supplied by the Department and submitting it to:

New Jersey Summer Flounder Dealers Permit

Nacote Creek Research Station

PO Box 418

Port Republic, NJ 08241-0418

5. No dealer shall accept from any vessel more than the amounts of summer flounder specified at (i)1 above unless said vessel is in possession of its valid New Jersey Summer Flounder Permit.

6. No vessel shall land and no dealer shall accept any summer flounder which have been frozen, filleted or processed in any way. Only whole, fresh summer flounder may be landed, except that by-catch amounts of summer flounder as specified in (i)1 above may be landed frozen provided that each fish is individually frozen whole and can be individually weighed and measured without thawing.

7. Any harvester or vessel landing summer flounder in New Jersey for the purpose of sale shall sell all summer flounder to a permitted New Jersey Summer Flounder Dealer.

8. All permitted New Jersey Summer Flounder Dealers shall provide daily reports during the period January 1 through February 28 and weekly reports during the period March 1 through December 31 to the Division listing the amount of summer flounder landed on a daily basis by size category and any other information that may be required by the Commissioner or as a result of any agreement with other states pursuant to (i)3 above. If no summer flounder were landed, a report to that effect shall be required. Such report shall be faxed to the Division at the number specified on the reporting forms supplied by the Division not later than 10:00 A.M. on the following day for daily reports and 12:01 P.M. on Monday following the week's end for weekly reports or sent by any other method approved by the Department. For the purpose of this provision, the week shall begin on Sunday and end on Saturday.

9. Any person violating the provisions of this section shall be subject to the penalties prescribed in N.J.S.A. 23:2B-14 in addition to the following:

i. Failure to submit the application by May 31, 1994 for use of hook and line or to attach the required documentation to the application shall result in the denial of the permit.

ii. Falsification or misrepresentation of any information on the application including documentation provided to verify the amount of summer flounder landed as specified in (i)1ii(3) above shall result in the denial or revocation of the permit in addition to any civil or criminal penalties prescribed by law.

iii. Failure to comply with the provisions of N.J.A.C. 7:25-18.14(i)2, minimum mesh sizes, (i)2iii above, landing, possession or accepting in excess of the daily trip limit for summer flounder, (i)2iv above, failure of notification of landing of summer flounder, (i)2vii above, landing summer flounder after the directed fishery and/or by-catch season has been closed, (i)2xiii above, failure to submit accurate and timely monthly reports, (i)5 above accepting more than by-catch amounts from nonpermitted vessels, (i)6 above accepting any summer flounder other than fresh product, or N.J.A.C. 7:25-18.14(a), (b), (d), (e), (f) or N.J.S.A. 23:3-46 through 47 shall result in the suspension during open seasons or revocation of the vessel's New Jersey Summer Flounder Permit or the dealers New Jersey Summer Flounder Dealers Permit according to the following schedule:

(1) First offense: 60 days suspension

(2) Second offense: 120 days suspension

(3) Third offense: permanent revocation

iv. In calculating the period of suspension or revocation applicable under (i)9iii 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.

v. Any person who has had his or her New Jersey Summer Flounder Dealers Permit suspended or revoked shall not land or permit the landing of any summer flounder at his or her facility during the suspension or revocation under the provisions of another permittee's New Jersey Summer Flounder Dealers Permit.

(j) The following provisions are applicable to the commercial harvest of winter flounder:

1. No person shall fish for or land any winter flounder taken by any net, trap, dredge or commercial gear in New Jersey waters, except during the open season of December 1 through May 31. No dealer shall accept any winter flounder taken in New Jersey waters except during such open season. No person shall have in possession, and no dealer shall accept from any person, more than the daily possession limit of 38 winter flounder taken in New Jersey waters. The harvest of winter flounder by the use of fyke net is subject to the provisions of N.J.A.C. 7:25-18.5(g)2 in addition to the daily possession limit specified in this paragraph.

(k) The following provisions are applicable to the commercial harvest of scup:

1. Annual coastwide scup quotas and daily trip limits for the periods of January 1 through April 30 and October 1 through December 31, and an annual New Jersey scup quota for the period from May 1 through September 30 shall be determined by the Mid-Atlantic Fishery Management Council as implemented by the National Marine Fisheries Service or determined by the Atlantic States Marine Fisheries Commission. All landings of scup in New Jersey during the period from May 1 through September 30 shall be applied to the New Jersey scup quota.

i. Any closure of the scup fishery by the National Marine Fisheries Service in adjacent Federal waters or any closure that includes New Jersey marine waters during the periods January 1 through April 30 and October 1 through December 31 would automatically close New Jersey to commercial landings of scup.

ii. The Commissioner, or his or her designee, shall implement annual and seasonal scup quotas and daily trip limits as determined by the Atlantic States Marine Fisheries Commission upon two days public notice. The implemented quotas and limits shall also be reflected in this subsection through a notice of administrative change in the New Jersey Register, in accordance with N.J.A.C. 1:30-2.7.

iii. The Commissioner, or his or her designee, shall close the season for the commercial scup fishery upon two days' public notice of the projected date the New Jersey seasonal quota shall be caught. Public notice shall be provided by posting of notice on the Department's website and either an email or first class mail sent to all New Jersey Scup Dealer Permit holders and Federal scup moratorium permit holders that are New Jersey residents.

iv. Once any season has been closed for the commercial scup fishery, no vessel shall land any scup and no dealer shall accept any scup landed in New Jersey.

v. If the Commissioner, or his or her designee, has closed the New Jersey season under (k)1iii above 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. Public notice shall be given as specified in (k)1iii above.

vi. If the quota for any season is exceeded, the amount overharvested shall be deducted from the following year's quota for that season.

2. No vessel shall have in possession or land and no dealer shall accept from any vessel more than the lesser of the daily trip limits set by the National Marine Fisheries Service or the Atlantic States Marine Fisheries Commission for the season of January 1 through April 30 and October 1 through December 31 and no vessel shall have in possession or land and no dealers shall accept from any one vessel more than the daily trip limit of 5,000 pounds of scup during the season of May 1 through September 30 or as provided for in (k)2i below.

i. If a minimum of 25 percent of the New Jersey scup quota is projected to remain unlanded as of September 1 in any calendar year, then there shall be a 10,000 pound trip limit for the remainder of the season or until the season is closed as provided in (k)1i above.

ii. The trip limit for scup shall be seven trips per week (Sunday through Saturday) with landings not to exceed 50,000 pounds per trip from January 1 through April 30 and a daily limit as established by the National Marine Fisheries Service from October 1 through December 31. During the period of January 1 through April 30, the daily trip limit will be reduced to 1,000 pounds when it is projected that 80 percent of the period quota will be harvested.

3. No fish dealer shall accept any scup from any vessel or harvester unless such dealer is in possession of a valid New Jersey Scup Dealer Permit. A New Jersey Scup Dealer Permit may be obtained by completing an application supplied by the Department and submitting it to:

New Jersey Scup Dealer Permit

Nacote Creek Research Station

PO Box 418

Port Republic, NJ 08241-0418

4. A harvester or vessel shall not land scup for the purpose of sale or sell any scup unless such harvester or vessel is in possession of a valid scup moratorium permit issued by the National Marine Fisheries Service.

5. Any harvester or vessel landing scup in New Jersey for the purpose of sale shall sell all scup to a permitted New Jersey Scup Dealer.

6. All permitted New Jersey Scup Dealers shall provide weekly reports to the Division listing the amount of scup landed on a daily basis and any other information that may be required by the Commissioner or as a result of an agreement with other states pursuant to (k)9 below. Such report shall be faxed to the Division at the number specified on the reporting forms supplied by the Division no later than two days following the week's end or sent by any other method approved by the Department. For the purpose of this provision, the week shall begin on Sunday and end on Saturday.

7. All scup moratorium permit holders landing scup in New Jersey shall be required to complete monthly reports supplied by the Department. The monthly report shall be signed by the permittee attesting to the validity of the information and be submitted so it is received by the Department no later than 15 working days following the end of the reported month at the following address:

New Jersey Scup Program

Nacote Creek Research Station

PO Box 418

Port Republic, NJ 08241-041

i. The monthly report shall include, but not be limited to, the following information: name, scup moratorium permit number, total amount (in pounds) of each species taken, dates caught, time at sea, duration of fishing time, gear type used to harvest, number of tows, area fished, crew size, landing port, date sold and buyer. This information shall be provided for any trip in which scup are landed. Scup moratorium permit holders may submit the "STATE" copy of the Federal log book in satisfaction of the New Jersey reporting requirements.

8. Any person violating the provisions of this section shall be subject to the penalties prescribed in N.J.S.A. 23:2B-14 in addition to the following:

i. Failure to comply with the provisions of (k)1iv above, landing or accepting scup after the season has been closed; (k)2 above, landing or accepting more than the daily trip limit; (k)3 above, accepting scup from a vessel without first having obtained a valid New Jersey Scup Dealer Permit; (k)4 above, landing for the purpose of sale or selling scup without first having obtained a valid scup moratorium permit; (k)5 above, selling scup to a non-permitted fish dealer; or (k)6 and 7 above, failure to submit accurate and timely reports, shall result in the suspension during the open seasons or revocation of the dealer's New Jersey Scup Dealer Permit according to the following schedule:

(1) First offense: 60 days suspension.

(2) Second offense: 120 days suspension.

(3) Third offense: Permanent revocation.

ii. In calculating the period of suspension or revocation applicable under (k)8i 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.

9. Pursuant to Amendment 8 of the Mid-Atlantic Fishery Management Council's Fishery Management Plan for the Summer Flounder and Scup Fishery, the Commissioner may enter into agreements with other states to transfer or combine scup commercial quotas. Such agreements shall specify the terms and conditions under which vessels may land scup in New Jersey, as well as how the landings will be applied to the quota. Any agreement developed by the Commissioner and any other state is not valid until such time as it has been reviewed and approved by the Northeast Regional Director of the National Marine Fisheries Service.

(l) Special provisions applicable to an Atlantic herring fishery are as follows:

1. The possession of more than 5,000 pounds of Atlantic herring on board a vessel or landed from a vessel shall constitute a directed fishery for Atlantic herring.

2. A person shall not fish for or land any Atlantic herring in excess of 5,000 pounds using any vessel in excess of 165 feet in length and in excess of 3,000 horsepower in a directed fishery for Atlantic herring.

3. Atlantic herring taken in a directed fishery for Atlantic herring shall not be processed for use as fish meal or oil.

4. Any closure of the Atlantic herring fishery by the National Marine Fisheries Service or the Atlantic States Marine Fisheries Commission in adjacent Federal waters or in any area which includes New Jersey marine waters would automatically close New Jersey waters to the commercial harvest of Atlantic herring.

5. If any of the management areas identified in the joint New England Fishery Management Council Atlantic States Marine Fisheries Commission Fishery Management Plan for Atlantic Herring are closed by the National Marine Fisheries Service or the Atlantic States Marine Fisheries Commission, the landing of Atlantic herring harvested from any management area that is closed shall be prohibited in New Jersey.

(m) The following provisions are applicable to the commercial harvest of tilefish:

1. A vessel shall not possess or land from the Exclusive Economic Zone (Federal waters) in any one day more than the possession limit determined by the National Marine Fisheries Service, as published by notice in the Federal Register and posted at https://www.fisheries.noaa.gov/rules-and-announcements/notices-and-rules, of blueline tilefish during the open season of January 1 to December 31. Any vessel landing blueline tilefish from the Exclusive Economic Zone (Federal waters) must hold a valid Northeast open access golden tilefish commercial vessel permit, issued by the National Marine Fisheries Service.

2. Any closure of the commercial blueline tilefish fishery by the National Marine Fisheries Service in adjacent Federal waters or in any area that includes New Jersey marine waters will automatically close New Jersey waters to the commercial harvest of blueline tilefish. The Commissioner, or his or her designee, shall give public notice of any such closure. Public notice shall include posting of a notice on the Department's website.

(n) The following provisions are applicable to the commercial harvest of American eel:

1. The annual American eel harvest quota for New Jersey shall be determined by the Atlantic States Marine Fisheries Commission. All landings of American eel in New Jersey shall be applied to the New Jersey annual American eel quota.

2. Any closure of the American eel fishery by the Atlantic States Marine Fisheries Commission for areas including New Jersey automatically closes all New Jersey waters to the harvest of American eel and to the commercial landings of American eel. The Commissioner, or his or her designee, shall give public notice of any such closure. Public notice shall include posting of a notice on the Department's website and either an email or first class mail sent to all miniature fyke or pot license holders.

(o) The following provisions are applicable to the commercial harvest of cobia:

1. In accordance with N.J.A.C. 7:25-18.1b), no person shall take in any one day or possess more than two cobia and no vessel shall take in any one day or possess more than six cobia.

2. The commercial fishing season for cobia shall be January 1 through December 31.

3. Any closure of the Atlantic commercial cobia fishery by the National Marine Fisheries Service or the Atlantic States Marine Fisheries Commission in adjacent Federal waters or in any area that includes New Jersey marine waters would automatically close New Jersey waters to the commercial harvest of Atlantic cobia. The Commissioner, or his or her designee, shall give public notice of any such closure.

(p) Dealer business records may be used as admissible evidence in any proceeding to document violations of trip limits, weekly landing limits or closed seasons specified in this section.

(q) For the purpose of this section, "land" or "landing" shall mean to begin offloading fish, to offload fish, or to enter port with fish.

(r) The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify quotas, trip limits, and/or seasons, quota allocation by gear type, as well as gear types and gear restrictions, incidental and by-catch allowance, application of the incidental and bycatch allowance to the quota, or reporting requirements, specified in this section, by 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 quotas, trip limits and/or seasons, quota allocations by gear type, gear types and gear restrictions, incidental and by-catch allowances, applications of the incidental and by-catch allowances to annual quotas, or reporting requirements have been developed in accordance with (r)1 below that differ from those specified in the fishery management plan, but have been 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 achieving the same quantified level of conservation for the fishery governed by that plan, such quotas, trip limits and/or seasons, quota allocations by gear type, gear types and gear restrictions, incidental and by-catch allowances, applications of the incidental and by-catch allowances to annual quotas, or reporting requirements may be modified by notice. The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify quotas, trip limits, and/or seasons, quota allocation by gear type, as well as gear types and gear restrictions, incidental and by-catch allowance, application of the incidental and by-catch allowance to the annual quota, or reporting requirements specified in this section, by notice, in order to provide for the optimal utilization of any quotas specified in this section. The Commissioner will review the catch rate for a particular species 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, the Commissioner may adjust the above specified control measures to achieve optimal utilization of the total allowable catch. The Department shall provide notice of any such modification in 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 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 quotas, trip limits, and/or seasons, quota allocations by gear type, gear types, gear restrictions, incidental by-catch allowances, applications of the incidental and by-catch allowances to the quota, or reporting requirements 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 quotas, trip limits, and/or seasons, quota allocations by gear type, gear types and gear restrictions, incidental by-catch allowances, applications of the incidental and by-catch allowances to the quota, or reporting requirements specified in the applicable fisheries management plan shall be established as follows:

i. The Commissioner shall consider the following factors in determining the quotas, trip limits, and/or seasons, quota allocations by gear type, gear types and gear restrictions, incidental and by-catch allowances, applications of the incidental and by-catch allowances to annual quotas, reporting requirements, and any other management criteria to be included 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) Potential conflicts with 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 https://www.nj.gov/dep/fgw/marcncl.htm. The agenda shall specify that the meeting will include discussion of a potential conservation equivalency proposal.

(s) An applicant who is otherwise eligible for a license or permit under (c)2 and 5; (e)2 and (5); or (h)1 above, but who fails to apply prior to the application deadline, may request an extension of time to apply in accordance with this subsection and (t) through (v) below.

1. The written request, along with any supporting documentation, shall be submitted to:

New Jersey Division of Fish and Wildlife

PO Box 400

Trenton, New Jersey 08625-0400

2. The request shall:

i. Identify the specific permit for which the extension of time to apply is requested;

ii. Explain in detail why the extension of time to apply is needed, including a statement of the type and degree of hardship that prevented the timely application of the permit, and the hardship that will result to the applicant if the permit is not granted; and

iii. Provide appropriate documentation as necessary to support the request for extension.

(t) The Department shall approve an extension request under (s) above only if it determines that the request and documentation demonstrate that:

1. By reason of extraordinary hardship or exceptional situation or condition, the applicant was precluded from applying for his or her Tautog, Non Directed Fishery Tautog, Shad Commercial Net, Shad Incidental Harvest, or New Jersey Black Sea Bass permit during the 12-month application period preceding the year for which the permit is requested;

2. By reason of extraordinary or exceptional situation or condition, strict compliance with the deadline in (c)2 and 5; (e)2 and 5; or (h)1 above would result in exceptional and undue hardship upon the applicant; and

3. The circumstances supporting (t)1 and 2 above were not created by the applicant or persons under his or her control, and the approval of the extension will not unreasonably interfere with the orderly administration of the permitting program.

(u) The Department shall provide written notice to the applicant of its decision to approve or deny the request for extension.

(v) The denial of an extension request may be appealed pursuant to the procedures outlined in N.J.A.C. 7:25-18.1 Request for adjudicatory hearing.

(w) All persons shall comply with all commercial provisions of the approved Atlantic States Marine Fisheries Commission fisheries management plan for Spanish mackerel, spot, and spotted seatrout implemented by the National Marine Fisheries Service. The Federal provisions shall apply in both Federal and New Jersey territorial waters.

(x) For the purposes of this section, a "fish dealer" or "dealer" shall mean any person who receives fish managed under this subchapter for any commercial purpose. Commercial purposes shall include sale and offering for sale, as well as the actual or attempted barter, trade, or exchange of fish for money or for any other thing of value.

(y) Any Federally permitted vessel or person shall complete the required Federal Trip Reports prior to landing any species of marine fish.

N.J. Admin. Code § 7:25-18.12

New Rule, R.1992 d.143, effective 3/16/1992.
See: 24 N.J.R. 4(c), 24 N.J.R. 1113(a).
Amended by R.1993 d.56, effective 1/19/1993.
See: 24 N.J.R. 4249(a), 25 N.J.R. 303(a).
Former (a) and (i) recodified to new rule at 7:25-8.14; remaining subsections recodified as (a)-(g).
Administrative Correction to N.J.A.C. 7:25-18.1(b) through (g).
See: 25 N.J.R. 2001(d).
Administrative Correction to (c).
See: 25 N.J.R. 2281(a).
Amended by R.1994 d.201, effective 4/18/1994.
See: 26 N.J.R. 789(a), 26 N.J.R. 1632(a).
Repeal and New Rule, R.1995 d.82, effective 2/6/1995.
See: 26 N.J.R. 4277(b), 27 N.J.R. 487(a).
Formerly "Weakfish management."
Administrative Correction.
See: 27 N.J.R. 1794(a).
Administrative Correction.
See: 27 N.J.R. 3420(a).
Administrative Correction.
See: 27 N.J.R. 3420(b).
Administrative Change.
See: 28 N.J.R. 3786(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).
Inserted (b)1, (c), and (d); recodified former (b)1 through (b)6 as (b)2 through (b)7 and former (c) and (d) as (e) and (f); and made conforming changes throughout.
Amended by R.1998 d.40, effective 1/5/1998.
See: 29 N.J.R. 4595(a), 30 N.J.R. 226(a).
Inserted (a)2 and recodified (a)2 as 3; deleted (c)2iii through v, added (c)3 through 10 and recodified (c)3 and 4 as 11 and 12; deleted (d), and recodified (e) and (f) as (d) and (e).
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).
In (a)3, substituted "more than 150 pounds of" for "any" following "accept"; inserted a new (d); and recodified former (d) and (e) as (e) and (f).
Administrative change.
See: 31 N.J.R. 1612(a).
Amended by R.2000 d.10, effective 1/3/2000.
See: 31 N.J.R. 2555(a), 32 N.J.R. 48(a).
Rewrote (a); inserted a new (e); and recodified former (e) and (f) as (f) and (g).
Amended by R.2000 d.395, effective 10/2/2000.
See: 31 N.J.R. 2555(a), 32 N.J.R. 3592(b).
Rewrote the section.
Amended by R.2001 d.73, effective 3/5/2001.
See: 32 N.J.R. 4435(a), 33 N.J.R. 874(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.
Amended by R.2002 d.277, effective 8/19/2002.
See: 34 N.J.R. 1375(a), 34 N.J.R. 2995(a).
In (c)2i and (c)5i, inserted "and submit their application no later than December 31, 2002" after "Department"; in (c)7i, substituted "has no greater than 10 percent increase in length overall and 20 percent increase in shaft horsepower" for "is of equal or less gross registered tonnage and vessel registered length"; in (d)1, added i; added a new (h), recodify existing (h), (i) as (i), (j).
Administrative change.
See: 34 N.J.R. 3264(a).
Administrative change.
See: 35 N.J.R. 709(a).
Administrative change.
See: 35 N.J.R. 1927(a).
Administrative correction.
See: 35 N.J.R. 4285(a).
Amended by R.2004 d.20, effective 1/5/2004.
See: 35 N.J.R. 4224(b), 36 N.J.R. 174(b).
Rewrote the section.
Administrative change.
See: 36 N.J.R. 1191(c).
Administrative correction and change.
See: 36 N.J.R. 2420(c).
Administrative correction.
See: 36 N.J.R. 3276(a).
Administrative change.
See: 37 N.J.R. 589(c).
Amended by R.2005 d.413, effective 11/21/2005.
See: 37 N.J.R. 742(a), 37 N.J.R. 4408(a).
Rewrote the section.
Administrative change.
See: 38 N.J.R. 1318(d), 5359(a).
Amended by R.2008 d.15, effective 1/7/2008.
See: 39 N.J.R. 143(a), 40 N.J.R. 126(a).
Rewrote (e)9 and (o).
Administrative change.
See: 40 N.J.R. 150(c), 879(b), 2109(c), 6204(a).
Administrative change.
See: 41 N.J.R. 220(a), 4114(a).
Administrative change.
See: 42 N.J.R. 68(b), 789(a), 3059(a).
Amended by R.2010 d.155, effective 7/19/2010.
See: 42 N.J.R. 700(a), 42 N.J.R. 1527(a).
Rewrote (d)1 and (d)2; added (d)4 through (d)7; and in (o), inserted " as well as gear types and gear restrictions," twice, inserted a comma following "season quota and", and substituted the first occurrence of "this section" for "the section,".
Administrative change.
See: 43 N.J.R. 3334(a).
Administrative change.
See: 44 N.J.R. 493(a), 1973(a), 2129(a), 2650(a).
Administrative change.
See: 45 N.J.R. 205(a), 1129(a), 1399(a), 1915(a), 2040(a), 2330(b).
Administrative change and correction.
See: 46 N.J.R. 212(b).
Administrative change.
See: 46 N.J.R. 293(a), 789(a).
Administrative change.
See: 47 N.J.R. 106(a), 1320(a), 2292(c).
Administrative change.
See: 48 N.J.R. 131(a), 647(a), 2610(a).
Amended by R.2016 d.057, effective 6/6/2016.
See: 47 N.J.R. 1815(a), 48 N.J.R. 953(b).
Rewrote the section.
Administrative change.
See: 49 N.J.R. 257(a), 1681(a).
Administrative change.
See: 50 N.J.R. 813(a), 897(b), 1259(a), 2149(a).
Administrative change.
See: 51 N.J.R. 136(a), 876(a), 1355(a), 1357(a).
Administrative change.
See: 52 N.J.R. 106(a).
Administrative change.
See: 52 N.J.R. 887(b).
Administrative changes, effective 6/25/2020.
See: 52 N.J.R. 1433(a).
Administrative change, effective 12/7/2020.
See: 53 N.J.R. 77(b).
Administrative change, effective 12/9/2020.
See: 53 N.J.R. 78(a).
Amended by R.2021 d.142, effective 12/20/2021.
See: 53 N.J.R. 297(a), 53 N.J.R. 2139(a).
Rewrote (r).
Administrative change, effective 12/25/2021.
See: 54 N.J.R. 266(a), 267(a).

Administrative Change, 55 N.J.R. 107(a), effective 12/8/2022

Administrative Change, 55 N.J.R. 1922(a), effective 8/8/2023

Administrative Change, 55 N.J.R. 2002(b), effective 8/25/2023

Administrative Change, 56 N.J.R. 212(a), effective 12/29/2023

Administrative Change, 56 N.J.R. 900(a) effective 12/29/2023