N.J. Admin. Code § 7:25-22.9

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

Section 7:25-22.9 - Penalties

(a) A person who violates any provision of this section shall be subject to the penalties provided at N.J.S.A. 23:2B-14.

(b) In addition to the penalties at N.J.S.A. 23:3-14, if a licensee falsifies or misrepresents any information contained in a report submitted to the Division, fails to report a release, fails to initiate a clean-up of a release, or fishes in, or allows a purse seine to drift into, any restricted fishing area, the licensee shall be subject to the following periods of license suspension:

1. A 30-day suspension of the license for a first offense;

2. A 60-day suspension of the license for a second offense; and

3. A 180-day suspension of the license for a third or subsequent offense.

(c) In calculating the period of suspension applicable pursuant to (b) above, the number of previous suspensions imposed shall be reduced by one for each three-year period in which the license holder does not commit any other violation subject to the suspension schedule at (b) above. If more than one suspension is imposed within a three-year period, only one of those suspensions may be forgiven under this subsection. Therefore, a license holder who incurs more than one suspension within a three-year period shall not be considered a first offender under this subsection regardless of the length of any subsequent period without a violation.

(d) The forgiveness of prior offenses provided for by this section shall apply only to those determinations that pertain to the calculation of applicable license suspension periods. All prior offenses shall be taken into account in the calculation of any monetary penalties.

(e) A license suspension imposed pursuant to this section shall be applicable to both the licensee and the licensed vessel, if any.

N.J. Admin. Code § 7:25-22.9

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