N.J. Admin. Code § 7:7-9.3

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

Section 7:7-9.3 - Surf clam areas

(a) Surf clam areas are coastal waters which can be demonstrated to support significant commercially harvestable quantities of surf clams (Spisula solidissima), or areas important for recruitment of surf clam stocks. This includes areas where fishing is prohibited for research sanctuary or conservation purposes by 7:25-12.1(d)4. Surf clams are a marine fish and therefore are also subject to the marine fish and fisheries rule, 7:7-16.2.

(b) Development which would result in the destruction, condemnation, or contamination of surf clam areas is prohibited except for the following:

1. Development that is of national interest provided:

i. There are no prudent and feasible alternative sites; and

ii. Impacts to the surf clam area are minimized.

2. Sand and gravel mining to obtain material for beach nourishment provided:

i. The beach nourishment project is in the public interest;

ii. There are no prudent and feasible alternative offshore borrow sites that would result in less impact to marine fish and fisheries;

iii. The impacts to surf clam areas are minimized through the following:

(1) The beach nourishment project is designed to minimize the volume of sand borrowed from the surf clam area;

(2) The borrow cut is designed to minimize the area disturbed, for example, by designing a deeper cut;

(3) The borrow site is located to avoid those more productive surf clam areas; and

(4) When appropriate, notice shall be provided to clammers in advance of the mining operation to allow for surf clam harvest; and iv. The sand mining is not located within a surf clam conservation area as defined at N.J.A.C. 7:25-12.

(c) Rationale: Surf clams are the largest molluscan fishery in New Jersey, accounting for 47 percent (by weight) of the State's total reported molluscan commercial landings in 2011. Surf clam boats operate out of Point Pleasant, Atlantic City, and Cape May, while processing plants are located in Port Norris and Cape May. Historically, New Jersey leads all other states in surf clam landings because New Jersey vessels participate in both State and Federally controlled waters and the majority of the surf clam fleet land their catch in New Jersey ports. In 2011, 1.6 million bushels of surf clams were landed in New Jersey accounting for approximately 63 percent of the total Mid-Atlantic Region and New England Region's surf clam landings with an ex-vessel value of $ 16.3 million. The Department's Division of Fish and Wildlife conducts annual surf clam stock assessments to determine the productivity of these resources.

The State has an interest in maintaining beaches for public recreational use and shore protection. Beach nourishment is the preferred method for accomplishing these goals. Therefore, this rule allows sand mining in surf clam areas provided use of other offshore borrow areas is not feasible and the impacts are minimized to the greatest extent practicable.

N.J. Admin. Code § 7:7-9.3

Renumbered from 7:7E-3.3 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018