N.J. Admin. Code § 7:25A-2.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:25A-2.4 - Direct market harvest season; closed harvest areas

(a) The Division, in consultation with the Council and with the advice of the Haskin Shellfish Research Laboratory, shall determine the season for the direct market harvest of oysters from the State's natural seed beds. The annual season for direct market harvest of oysters from the State's natural seed beds in Delaware Bay shall open no earlier than April 1 and close no later than November 30. Specific opening and closing dates shall take into account temperatures and other environmental conditions present that year. Notice of the open and close dates for each season, as well as any conditions attendant to the opening of the season, shall be provided by first class mail to each oyster dredge vessel license holder participating in the direct market harvest program.

(b) The Division, in consultation with the Council and with the advice of the Haskin Shellfish Research Laboratory, may open or close certain oyster beds or groups of oyster beds as may be necessary for the conservation of the oyster resource and the preservation of the oyster industry. Notice of the opening or closure of oyster beds or groups of oyster beds shall be provided by first class mail to each oyster dredge vessel license holder participating in the direct market harvest program. A list of closed areas will be posted at the Division's Delaware Bay Office.

1. It shall be illegal to harvest oysters from any closed areas or beds.

2. It shall be prima facie evidence of the violation of (b)1 above if any vessel is observed by Radar or Global Positioning System or other reliable means to be on closed beds with dredge in water.

3. The Division shall furnish coordinates to all eligible license holders of any boundary line or lines of closed areas established in consultation with the Council.

(c) Any oysters harvested, transported, planted or otherwise handled in violation of this subchapter may be seized and replanted upon the State's natural seed beds.

N.J. Admin. Code § 7:25A-2.4