N.J. Admin. Code § 7:25-22.8

Current through Register Vol. 57, No. 1, January 6, 2025

Section 7:25-22.8 - Menhaden Dealer License

(a) No person shall purchase or barter for menhaden landed in the State, as the first point of sale, unless the person is in possession of a Menhaden Dealer License. No menhaden landed in the State shall be sold or traded to any person who is not licensed under this section.

(b) Any person who intends to purchase or barter for menhaden landed in the State shall complete and submit an application for a Menhaden Dealer License to the Division. A Menhaden Dealer License issued pursuant to this section shall be valid only for the calendar year for which it is issued and shall be renewed on an annual basis.

1. An applicant shall:

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 the correct fee, as follows:

(1) The fee for a New Jersey resident is $ 100.00; or

(2) The fee for a non-resident is $ 500.00 or an amount equal to the non-resident fee charged to a non-resident in the non-resident's state, whichever is greater.

(c) A person shall not act as a first point of sale for menhaden prior to the menhaden being landed. A person shall not act as the first point of sale for menhaden landed in the State unless the person is in possession of a Menhaden Landing or Menhaden Personal Use and Limited Sale License, and a Menhaden Dealer License. Any person in possession of a Menhaden Landing License or a Menhaden Personal Use and Limited Sale License and not selling landed menhaden to a licensed Menhaden dealer shall also possess a Menhaden Dealer License and shall report any sales on a weekly basis.

(d) The holder of a Menhaden Dealer License, issued pursuant to this section, shall not accept 100 pounds or more of menhaden per day from any person, unless that person is in possession of a Menhaden Landing License or a Menhaden Personal Use and Limited Sale License.

(e) The holder of a Menhaden Dealer License shall complete and submit the weekly report form either electronically or on a form provided by the Division to the Division at the address provided at N.J.A.C. 7:25-22.5(o). The licensee shall attest to the validity of the information contained in the weekly report. If no purchase or trade of menhaden occurred during the week, the licensee shall submit a report to that effect to the Department. For the purposes of this section, a week shall begin on Sunday and end on Saturday.

(f) The weekly report shall include, at a minimum, the following information:

1. The name of the licensee;

2. The licensee's Menhaden Dealer License number;

3. The Menhaden Landing License number of each person selling or trading menhaden to the dealer during the preceding week;

4. The total amount, in pounds, of menhaden purchased or traded during the preceding week;

5. The location of harvest for menhaden purchased or traded during the preceding week;

6. The type of gear used for the harvest of menhaden purchased or traded during the preceding week;

7. The date of purchase or trade; and

8. Any other information required by the Department.

(g) If a licensed menhaden dealer fails to submit a weekly report either on or before noon on the Tuesday following the week of record, the licensee shall be subject to a fine of $ 50.00 for a first offense, $ 100.00 for a second offense, and $ 200.00 for any subsequent offense.

N.J. Admin. Code § 7:25-22.8

Adopted by 53 N.J.R. 2139(a), effective 12/20/2021