N.J. Admin. Code § 7:25-22.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:25-22.4 - Taking of Atlantic menhaden utilizing a purse seine

(a) Persons licensed to fish for, or in any way participate in the fishery for, Atlantic menhaden with a purse seine in the marine waters of New Jersey must be in possession of a Menhaden Purse Seine Fishing Vessel License or a Menhaden Purse Seine Fishing Vessel Operator's License for the purpose of taking Atlantic menhaden for bait or in whole frozen form for consumption by humans only.

1. A Menhaden Purse Seine Fishing Vessel License may only be issued to an owner and a vessel that have a valid Menhaden Purse Seine Fishing Vessel License from the previous year.

2. A menhaden set vessel that participates only in the setting of a purse seine in conjunction with a purse seine catch vessel is exempt from licensure.

3. A licensee shall not use, have on board the licensed vessel, or work in conjunction with any other vessel that uses any type of fishing gear other than purse seine.

4. A license issued pursuant to (b) and (c) below shall remain on board the licensed vessel at all times.

5. A license is good for one calendar year and the licensee must reapply every year for a license. Failure to renew a Menhaden Purse Seine Fishing Vessel License shall result in forfeiture of the license.

(b) Menhaden Purse Seine Fishing Vessel Licenses shall be issued only to vessels and owners who have a valid Menhaden Purse Seine Fishing Vessel License.

1. The following types of vessels and owners that intend to take menhaden must obtain a Menhaden Purse Seine Fishing Vessel License:

i. A purse seine catch vessel that takes menhaden from State waters on an individual trip basis; and

ii. Any purse seine carry vessel that works in conjunction with the purse seine catch vessel except for a menhaden set vessel.

2. To obtain a license, an applicant must:

i. Complete the application form each year and submit it by December 31 in the year the license to be replaced is valid;

ii. Provide an email address to receive notifications from the Department;

iii. Submit the correct fee, based upon the gross tonnage of a vessel using Custom House measurements, as follows:

(1) For a New Jersey resident, excluding a New Jersey resident who leases a vessel from out-of-State:

(A) $ 125.00 for each vessel not less than 30 nor more than 100 tons in gross tonnage;

(B) $ 250.00 for each vessel not less than 100 nor more than 150 tons in gross tonnage;

(C) $ 400.00 for each vessel not less than 150 nor more than 175 tons in gross tonnage;

(D) $ 550.00 for each vessel not less than 175 nor more than 200 tons in gross tonnage;

(E) $ 900.00 for each vessel more than 200 tons in gross tonnage; and

(F) $ 20.00 for each vessel up to 300 tons in gross tonnage, which is used to take menhaden for bait purposes only;

(2) For a non-resident, including a New Jersey resident who leases a vessel from out-of-State:

(A) $ 450.00 for each vessel not less than 30 nor more than 100 tons in gross tonnage;

(B) $ 700.00 for each vessel not less than 100 nor more than 150 tons in gross tonnage;

(C) $ 1,000 for each vessel not less than 150 nor more than 175 tons in gross tonnage;

(D) $ 1,150 for each vessel not less than 175 nor more than 200 tons in gross tonnage; and

(E) $ 1,500 for each vessel more than 200 tons in gross tonnage; and

iv. Submit the name of the vessel and the name of the vessel's owner. If the vessel owner is not the operator, then the vessel owner shall apply for a Menhaden Purse Seine Fishing Vessel License and the vessel operator shall apply for a Menhaden Purse Seine Fishing Vessel Operator's License pursuant to (c) below.

3. A license shall be issued in the name of the owner and the vessel.

4. When a holder of a Menhaden Purse Seine Fishing Vessel License wishes to increase or decrease the vessel's length or the engine's horsepower or, if a carry vessel, the vessel's hold capacity, whether at the time of license application, when transferring the license pursuant to N.J.A.C. 7:25-22.6, or any time, the licensee must submit:

i. Documentation attesting to the overall length and horsepower of the vessel; and

ii. If the vessel is a purse seine carry vessel, submit a certification of the hold capacity as determined by one of the following:

(1) An individual credentialed as a Certified Marine Surveyor with a fishing specialty by the National Association of Marine Surveyors;

(2) An individual credentialed as an Accredited Marine Surveyor with a fishing specialty by the Society of Accredited Marine Surveyors;

(3) Employees or agents of a classification society approved by the United States Coast Guard;

(4) A professionally licensed and/or registered Marine Engineer; or

(5) A Naval Architect with a professional engineer license.

(c) Menhaden Purse Seine Fishing Vessel Operator's Licenses shall be issued as follows:

1. Only a vessel operator who is not the owner may apply for a Menhaden Purse Seine Fishing Vessel Operator's License;

2. To obtain a license, an applicant must:

i. Complete the application form each year and submit it by December 31;

ii. Provide an email address to receive notifications from the Department; and

iii. Submit a fee of $ 50.00 if the applicant is a New Jersey resident, or a fee of $ 75.00 if the applicant is a non-resident; and

3. A license shall be issued in the name of the vessel operator only.

(d) Persons licensed to fish for Atlantic menhaden with a purse seine in the marine waters of New Jersey, shall be subject to the following:

1. Fishing, for the purpose of this section, shall be defined as having a purse seine in the marine waters of this State within three nautical miles of the State coastline.

2. Fishing shall be restricted to not closer than 0.6 nautical miles of any point along the shore, jetties, or fishing piers in the Atlantic Ocean, in the portion of the Delaware Bay south and east of LORAN C line 42850, and in Raritan Bay and Sandy Hook Bay. It will be incumbent upon the captain of a purse seine vessel to determine the possibility of drifting inside the limit while fishing, before setting his or her net. The drifting of a purse seine into the restricted area along the shore or around the jetty or pier while fishing shall be considered a violation of this subchapter.

3. The maximum length overall of any vessel fishing under the provisions of this section shall be 90 feet as reported on the vessel's Coast Guard documentation. A licensee may increase a carry vessel's hold capacity up to 10 percent, and increase any purse seine vessel's horsepower by up to 20 percent and/or increase the overall length up to 10 percent, as long as the overall length of the vessel is 90 feet or less. The increased capacity, horsepower, or length may be achieved by upgrading the vessel or replacing the vessel with a new vessel. The increases may be made one time during the life of the vessel or a licensee may incrementally increase a vessel's capacity, horsepower, and/or length over the life of the vessel, as long as the overall increases do not exceed 10 percent for the hold capacity, 20 percent for the horse power, and 10 percent for the length, as long as the vessel is 90 feet or less at all times.

4. Purse seine shall not exceed 150 fathoms in length.

5. A person shall not fish for, or land, menhaden on Saturdays and Sundays. A person shall not fish on the days on which a public holiday is officially observed by the State of New Jersey.

6. Fishing shall be conducted only during the hours between sunrise and sunset.

7. Removal of fish from the purse seine shall be by brailing or dip net only. No fish pump shall be on board any vessel operating under a license for the purpose of taking Atlantic menhaden, unless the pump is completely covered and securely fastened with a brightly colored tarp, and the pump intake or hose is disconnected from the pump and is securely stowed away from the pump, so that it is not readily available for use when the vessel is fishing in State waters.

8. The possession of more than 500 pounds of any fish other than Atlantic menhaden, as defined at N.J.S.A. 23:2B-3e, on a purse seine licensed vessel harvesting Atlantic menhaden is prohibited.

i. The simultaneous possession of Atlantic menhaden and more than 500 pounds of any other fish, as defined at N.J.S.A. 23:2B-3e, and a purse seine, aboard a licensed vessel or any vessel conducting menhaden fishing operations, shall constitute prima facie evidence of the violation of this subchapter.

9. No refuse, litter, or garbage of any kind shall be thrown overboard or released from the vessel or its net(s). Dead fish shall not be thrown overboard or otherwise released from the vessel or its net(s), except for an incidental amount of dead fish that results during the course of fishing operations. The licensee shall immediately notify the Division's Marine Enforcement Unit at (609) 748-2050 of a release of dead fish.

10. The licensee is responsible for cleaning up any fish, fish-part, refuse, litter, or garbage of any kind that is released during any fishing operation or as a result of a fishing operation and must initiate such cleanup no later than 24 hours after the release begins. If the licensee fails to initiate such cleanup within the 24-hour period, the Department may conduct or arrange for the performance of the cleanup. In addition to any other penalties and remedies provided by law, the licensee shall be liable for all costs associated with such cleanup, including any administrative costs incurred by the Department. Such cleanup shall include, but not be limited to, the marine and estuarine waters of the State and adjacent beaches, shorelines, and marshes.

11. No stakes, markers, or buoys designating channels, crab pots, lobster pots, fish pots, or traps, or staked leased shellfish grounds, shall be disturbed by the act of fishing.

12. Any vessel operating under a license for the purpose of taking Atlantic menhaden shall be required to notify the Department of the intent to fish for menhaden and the intended fishing location of the vessel. The notification shall be made by calling the Division's Marine Enforcement Unit at (609) 748-2050, or if made available by the Department, by electronic means, prior to fishing in State waters and prior to change of location.

13. No vessel or person shall fish or utilize any other gear type in the same day it has called in and declared that it is fishing for menhaden.

N.J. Admin. Code § 7:25-22.4

R.1989 d.394, effective 7/17/1989.
See: 21 N.J.R. 107(a), 21 N.J.R. 2035(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)2i through (b)2iv, in (b)7 added provision relating to fish pumps, and added (b)13 and (b)14.
Amended by R.2000 d.10, effective 1/3/2000.
See: 31 N.J.R. 2555(a), 32 N.J.R. 48(a).
In (b), rewrote the first sentence of the introductory paragraph in 2, and added 15; and added (c).
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.2008 d.15, effective 1/7/2008.
See: 39 N.J.R. 143(a), 40 N.J.R. 126(a).
In (c), inserted "or to maintain consistency with any Mid-Atlantic Fishery Management Council plan adopted by the National Marine Fisheries Service", and inserted the second and third sentences.
Recodified from N.J.A.C. 7:25-22.3 and amended by R.2021 d.142, effective 12/20/2021.
See: 53 N.J.R. 297(a), 53 N.J.R. 2139(a).
Section was "Taking of Atlantic menhaden for bait".
Rewrote the section. Former N.J.A.C. 7:25-22.4, Vessel boarding, recodified to N.J.A.C. 7:25-22.7.