N.J. Admin. Code § 7:25A-3.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 7:25A-3.3 - General control methods for oyster transplant season

(a) Except as provided at 7:25A-3.2(a), no person or vessel shall take, attempt to take, harvest, or dredge for oysters on the State's natural seed beds without possessing a licensed oyster dredge vessel and harvest tags as described in 7:25A-1.8(a) and 3.6.

(b) The requirements and conditions for the harvest of seed oysters from the State's natural seed beds in Delaware Bay are as follows:

1. Oysters shall only be harvested from the State's natural seed beds daily Monday through Friday between sunrise and 3:30 P.M. Eastern Time, unless otherwise determined by the Division in consultation with the Council. Notice of any change in these times shall be provided by first class mail to each oyster dredge vessel license holder participating in the oyster transplant program.

2. Prior to commencement of harvesting for each transplant harvest trip, the harvester shall notify the Department of the intended harvest location and planting ground(s) of the vessel. Immediately upon completion of harvesting and prior to planting on leased grounds, the harvester shall notify the Department of the vessel's entire harvest for that harvest trip. These notifications shall be made by telephoning the Division's Delaware Bay Office, Bureau of Shellfisheries, at (856) 785-0730. Notice of any change in which leased ground(s) will be planted shall be given two hours prior to planting.

3. Prior to leaving the harvest location, the harvester shall notify the Delaware Bay Office by telephone at (856) 785-0730 of the anticipated time of arrival at a specified lease section and lot number.

4. Prior to commencement of planting, Division personnel may meet the harvest vessel to confirm the volume of oysters being transplanted. At that time, the harvester shall provide Division personnel with the appropriate number of tags (as described at 7:25A-3.6 ) for the volume to be planted. Tags shall be used sequentially as issued for the specific, appropriately licensed oyster harvest vessel. The Division will verify the harvest total and collect the required harvest tags. No oysters shall be planted until after the volume is confirmed or the Division has given the harvester approval to plant the oysters by telephone at (856) 785-0730 or VHF radio should circumstances prevent an on-water inspection. If an on-water inspection is not conducted, the harvester shall return the number of tags corresponding to the actual bushel volume transplanted to the Delaware Bay Office within five business days. Containerization of oysters harvested from the natural seed beds during the oyster transplant season is optional when the harvester elects to transplant to leased ground.

5. Any harvester who has reported his or her intention to harvest on the State's natural seed beds shall have the vessel's entire harvest for that harvest trip counted as part of the licensed vessel's individual allocation for that season.

6. A harvester shall not transfer oysters to or from any oyster vessel to any other vessel.

7. A harvester shall not operate a vessel to harvest or land oysters from both the natural seed beds and the leased oyster grounds on a single day. During an oyster transplant season, each oyster harvester shall notify the Delaware Bay Office each day the harvester intends to work any leased grounds.

8. The top and sides of licensed oyster dredge vessels shall be marked with the license number, each number at least 18 inches in height, clearly legible and in good repair and with no obstruction to view.

9. Any harvester unable to plant seed oysters because of mechanical problems, water conditions or other verifiable emergency must immediately telephone the Delaware Bay Office at (856) 785-0730.

10. The harvester and any other person aboard any licensed oyster dredge vessel shall immediately comply with instructions and signals issued by an authorized law enforcement officer or other Division representative and comply with his or her instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment and catch.

11. All seed oysters shall be planted loosely on the bottom, not in bags, baskets or other containers, on the day taken. All oysters taken from the natural beds are considered to be seed oysters until planted in the manner prescribed in this section. Seed oysters shall not be marketed or sold for any other purpose unless the Division, in consultation with the Council, designates times, manner and section(s) of the natural seed beds from which seed oysters may be taken for market during any period when the natural seed beds are legally opened.

12. If a licensed oyster dredge vessel works any part of the day on the seed beds during an oyster transplant season, all oysters in possession shall be deemed seed oysters and must be planted as required in (b)11 above in accordance with all requirements of this subchapter before the vessel may return to harvesting from the seed beds. Harvesters authorized to take seed oysters for market during a designated oyster transplant season shall also be required to comply with all of the provisions governing the direct market harvest season at N.J.A.C. 7:25A-2.

(c) The Division, in consultation with the Council, may require harvesters authorized to harvest oysters from the natural seed beds to move specified quantities of seed oysters from one location on the natural seed beds to another. Notice of any required relocation of seed oysters shall be provided by first class mail to each oyster dredge vessel license holder participating in the direct market harvest program.

N.J. Admin. Code § 7:25A-3.3