N.J. Admin. Code § 7:25A-3.4
Current through Register Vol. 56, No. 23, December 2, 2024
Section 7:25A-3.4 - Oyster transplant 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 oyster transplant season. Notice of the season established as well as any conditions attendant to the opening shall be provided by first class mail to each oyster dredge vessel license holder participating in the oyster transplant program. Pursuant to 50:3-8 and 50:3-9, the oyster transplant season shall open no earlier than April 1 and close no later than June 30. Specific opening and closing dates shall take into account temperatures and other environmental conditions present that year.(b) The Division, in consultation with the Council and with the advice of the Haskin Shellfish Research Laboratory, may open or close certain beds or groups of 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 beds shall be provided by first class mail to each oyster dredge vessel license holder participating in the oyster transplant program.(c) Seed oysters may be taken for the purpose of planting at the times and in the manner established under (a) above on leased grounds: 1. Below the southwest line;3. In the Atlantic Coast Section, as described at 50:1-18(d), only on days and at times established by prior written agreement with the Division.(d) An Advisory Committee may be appointed by the Commissioner for the purposes specified in (e) below and shall be composed of two members of the Council, two members of the Haskin Shellfish Research Laboratory of Rutgers University, and the Director of the Division or his or her designee(s).(e) The Advisory Committee may undertake physical tests of all areas opened pursuant to this subchapter near the end of each week, for the purpose of providing a recommendation to the Division to close any or all beds opened as provided under (a) above.(f) Based upon the results of the tests undertaken pursuant to (e) above and the recommendation of the Advisory Committee, the Division, in consultation with the Council, may immediately close those beds as may be necessary for the preservation and improvement of the shellfish industry.1. It shall be illegal to harvest oysters from any closed beds.2. It shall be prima facie evidence of the violation of (f)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(s) of closed areas established in consultation with the Council by first class mail. Notice of any change in these closed areas shall be provided by first class mail to each oyster dredge vessel license holder participating in the program. A list of closed areas will be posted at the Division's Delaware Bay Office.(g) 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-3.4