N.J. Admin. Code § 7:7-4.17

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:7-4.17 - Permit-by-rule 17 - placement of predator screens and oyster spat attraction devices within a shellfish lease area

(a) This permit-by-rule authorizes the placement of predator screens and oyster spat attraction devices in an area subject to a valid shellfish lease pursuant to 50:1-23. Upon expiration or termination of the shellfish lease, or the cessation of the use of predator screens and oyster spat attraction devices, whichever occurs first, within five days the permittee shall remove all predator screens and oyster spat attraction devices placed within the lease area. This permit-by-rule does not authorize the placement of shell within a shellfish lease area. Activities that qualify for this permit-by-rule also qualify for a water quality certificate pursuant to Section 401 of the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq. The placement of predator screens and oyster spat attraction devices shall comply with the following:

1. So as not to pose a hazard to navigation, predator screens shall not extend more than six inches above the substrate and oyster spat attraction devices shall not extend more than 24 inches above the substrate; and

2. No activity undertaken pursuant to this permit-by-rule shall prevent the catching and taking of free swimming fish from the tidal waters of the State in any lawful manner pursuant to 50:1-33.

N.J. Admin. Code § 7:7-4.17

Renumbered from 7:7-7.2(a)(18) by 47 N.J.R. 1392(a), effective 7/6/2015