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State of New Jersey Department of Environmental Protection
State of New Jersey Department of Environmental Protection

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Natural and Historic Resources
Division of Fish and Wildlife/Bureau of Marine Fisheries

Notice of Rule Proposal
Division of Fish and Wildlife amendments to rules; Crab and Lobster Management (N.J.A.C. 7:25-14); Marine Fisheries (N.J.A.C. 7:25-18): and Fishery Management in New Jersey (N.J.A.C. 7:25-22)

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing amendments to the existing marine fisheries regulations.  A statement of the proposal follows:  The Department of Environmental Protection/Division of Fish and Wildlife/Bureau of Marine Fisheries is proposing amendments to N.J.A.C. 7:25-14 governing the management of blue crabs and lobsters to establish a two tier commercial crab pot/trot line licensing system (including new license transfer provisions); eliminate the need for a Type D Recreational Lobster Pot Permit for the recreational harvest of lobsters while retaining the current requirement for a fish and lobster license for the recreational lobster harvesters: providing the Commissioner with the authority to modify by notice specific quotas and management measures; and extends the current 12 month crab pot/trot line license privilege revocation for damaging or illegally tending commercial crab gear.  Additionally, amendments proposed at N.J.A.C. 7:25-18 will: add dolphin, hybrid striped bass and or striped bass to the section on size, season, and possession limits; permit the use of parts of one legal size summer flounder for use as bait (traditional practice prohibited by the current regulations); prohibits the filleting of any species of fish less than the specified minimum size, thereby strengthening enforcement of minimum size regulations; provide the Commissioner (with the approval of the N.J. Marine Fisheries Council) with the authority to modify certain management measures in a timely manner via a notice of administrative change to ensure consistency with Federal regulations/management plans; strengthen enforcement of marine fisheries regulations by making it illegal to dispose of fish, fish parts or other matter after receiving communication from a law enforcement officer; require monthly harvest reporting by miniature fyke licensees in order to comply with the Interstate Fisheries Management Plan for American Eel and establish  license suspension and revocation penalty provisions for failure to supply such reports; allow for the transfer of commercial shad permits to the permit holder’s immediate family; clarify existing language or correct errors in current language; amend and standardize language regarding the striped bass bonus program, including provisions to adjust and the number of fish possession cards based on changes in the striped bass quota or budget/personnel constraints, clarify that possession cards issued to party and charter boats cannot be sold; delete the current requirement that unused striped bass bonus program cards must be returned to the Division; and provide for notification of the closure of the striped bass program via a news release and to publish such notices in the NJ Register.  N.J.A.C. 7:25-18.14 and 7:25-22.3 is being amended to provide the Commissioner (with the approval of the NJ Marine Fisheries Council) to modify certain management measures by notice to institute changes in a timely manner to ensure consistency with Federal fisheries management plans and ensure that New Jersey’s fishermen have the ability to harvest annual quotas.

The proposal is scheduled to be published in the New Jersey Register dated January 16, 2007 and a Public Hearing concerning this proposal will be held on March 1, 2007, starting 7:00 PM at:

Atlantic County Library/Galloway Township
306 East Jimmie Leeds Road
Galloway, NJ 08205

A copy of the proposal(PDF) is available from the DEP web site; LexisNexis Customer Service at (800) 223-1944 or Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Oral and written comments may be presented at the March 1, 2007 Public Hearing and written comments may be submitted by March 17, 2007 to:

NJ Department of Environmental Protection
Gary J. Brower, Esq.
ATTN: DEP Docket No. 26-06-12/622
Office of Legal Affairs
PO Box 402
Trenton, NJ 08625

To open the PDF documents, you will need the Adobe Acrobat pdf reader to view. Left-click on the link and they will open. Or, right-click on the link and select "Save Target As" to save the document to your hard drive or personal directory. You can download the free pdf reader here.

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