N.J. Admin. Code § 7:25-18.13
Current through Register Vol. 56, No. 17, September 3, 2024
Section 7:25-18.13 - Striped bass bonus program(a) The possession of one "bonus sized" striped bass, measuring greater than or equal to 24 inches but less than 28 inches in length, will be allowed in addition to the possession limit allowed under N.J.A.C. 7:25-18.1(h) 1, pursuant to (b) through (o) below.(b) Any person intending to take one "bonus sized" striped bass, as defined in (a) above, in addition to his or her striped bass possession limit as specified at N.J.A.C. 7:25-18.1(h) 1 shall apply to the Division to participate in the striped bass bonus program. Applications may be obtained from the following: 1. Division of Fish and Wildlife Striped Bass Bonus Fish Program
Nacote Creek Research Station
PO Box 418
Port Republic, NJ 08241-0418
(c) The application form shall be completed to include the name, address and telephone number of the applicant.(d) Applications to participate in the striped bass bonus program shall be processed in order of receipt by the Division.(e) Successful applicants will receive a non-transferable fish possession permit, the number to be determined by the Commissioner or his or her designee based on the available quota and the number of applicants. Each permit shall be filled out completely upon retention of a bonus striped bass. A finite number of permits shall be available to participating party and charter boat captains in the name of the vessel and owner. Fish possession permits issued to party and charter boats are for the use of patrons on that vessel and shall not be sold, offered for sale or used for barter.(f) Fish possession permits shall be valid from May 15 through December 31 in the calendar year for which they were issued except during those periods in which the Department has closed the State's waters to harvesting as provided at (l) below.(g) Successful applicants may keep and submit annual records of their striped bass fishing activity as requested on forms furnished by the Division. Such records shall include the name, address, and permit number(s) of the fishermen, the days and hours fished, the lengths of striped bass caught, the location of fishing activity and the type of fishing. Party and charter boat captains shall be required to maintain and submit logbooks developed by the Division.(h) A person shall not have in his or her possession at any time more than the number of striped bass provided for in N.J.A.C. 7:25-18.1(h) 1, nor shall such striped bass be less than the size provided for in N.J.A.C. 7:25-18.1(h) 1. One additional striped bass may be possessed and shall not be less than the size defined in (a) above. Said person shall have a properly completed and legal fish possession permit, as provided for at (e) above.(i) A person shall not present for registration or permit to be registered in his or her name a striped bass which he or she did not catch. Any person who legally takes a striped bass under this section may report the catch electronically at http://www.njfishandwildlife.com/bonusbas.htm or shall immediately mail his or her fish possession permit to the address presented at (b) above.(j) A person shall not possess any striped bass taken or tagged under the provisions of this section which is damaged or mutilated to the extent that its length cannot be determined, other than immediately prior to preparation or being served as food.(k) An additional fish possession permit may be provided to the angler as determined by the Commissioner or his or her designee based upon the available remaining quota and the number of applicants upon recording of his or her prior legally harvested bonus striped bass electronically or via mail as presented at (i) above, provided the season has not been closed pursuant to (l) below.(l) When, at any time during the calendar year, the Division has projected that the quota established by the Atlantic States Marine Fisheries Commission for striped bass will have been harvested, the Division will close the State's waters to any further harvesting upon two days public notice by distribution of a news release to individuals on the Division outdoor writers mailing list and via the Division's website at www.njfishandwildlife.com. A notice shall also be published in the New Jersey Register.(m) The quota described at (l) above shall be 200,798 pounds until such time as another quota is duly promulgated by the Atlantic States Marine Fisheries Commission. A portion of this quota will be allotted to party and charter boats.(n) The Division will provide public notice via a news release to individuals on the Division outdoors writers mailing list and to all participants in the striped bass bonus program as to the number of fish possession permits pursuant to (e) above, the availability of additional fish possession permits pursuant to (k) above, and changes to the quota described in (l) above. A notice shall also be published in the New Jersey Register.(o) Any person violating the striped bass size and possession limits as provided for in N.J.A.C. 7:25-18.1, or this section shall be liable for penalty of $ 100.00 per fish for each offense. In addition, any person violating any provision of this section shall be subject to revocation, applicable to both the vessel and the owner, from the Striped Bass Bonus Program. Revocation would render the vessel and the owner ineligible for participation in the program regardless of vessel ownership. Any fish possession permit in such person's possession shall be invalid and shall be returned to the Division upon such person's receipt of notification of such revocation. Failure to return the permits upon notification shall subject the violator to penalties prescribed pursuant to N.J.S.A. 23:2B-14.(p) The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify the size limit, bag limit, season and/or quota 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). The Commissioner, with the approval of the New Jersey Marine Fisheries Council, may modify the size limit, bag limit or season specified in this section by notice in order to provide for the optimal utilization of any quota specified in this section. The Commissioner will review the catch rate 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 publish notice of any such notice in the Division's Fish and Wildlife Digest publication and the New Jersey Register.N.J. Admin. Code § 7:25-18.13
New Rule, R.1995 d.82, effective 2/6/1995.
See: 26 N.J.R. 4277(b), 27 N.J.R. 487(a).
Administrative Correction.
See: 27 N.J.R. 2739(a).
Amended by R.1996 d.587, effective 12/16/1996 (operative January 1, 1997).
See: 28 N.J.R. 3998(a), 28 N.J.R. 5231(a).
Changed section name from "Striped bass trophy program"; and substantially amended 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).
In (e), inserted "in the name of the vessel owner" following "boat captains"; in (o), inserted ", applicable to both the vessel and the owner," in the second sentence and added the third sentence; added (p).
Amended by R.2002 d.277, effective 8/19/2002.
See: 34 N.J.R. 1375(a), 34 N.J.R. 2995(a).
In (o), substituted "each" for "the first", deleted "and a penalty of $ 200.00 per fish for each subsequent offense".
Administrative change.
See: 35 N.J.R. 1927(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 the introductory paragraph of (b); in (b)2, substituted "pursuant to (i) below" for "by public notice in the New Jersey Register"; added (b)3; rewrote (d) and (e); in (f), deleted the last sentence; rewrote (h); in (i), inserted the second and third sentences, and substituted "fish possession" for "bonus" following "his or her"; in (k), substituted "may" for "shall" and "check" for "checking", and inserted "as determined by the Commissioner or his or her designee based upon the available remaining quota and the number of applicants"; in (l), inserted "and via the Division's website at www.njfishandwildlife.com"; rewrote (n); and in (p), inserted the second and third sentences.
Administrative change.
See: 47 N.J.R. 1320(a).
Administrative change.
See: 48 N.J.R. 959(a).
Administrative change.
See: 52 N.J.R. 887(b).Administrative Change, 56 N.J.R. 774(a) effective 3/22/2024