Current through Register Vol. 56, No. 24, December 18, 2024
(a) The Permit for
Growing Seed in Waters Other Than Approved by a Non-profit Organization or
Government Agency authorizes a Non-profit Organization or Government Agency to
conduct a project involving the distribution of seed to participants who will
grow the seed at various locations in waters other than Approved for relocation
by the permittee to:
1. Approved or
Conditionally Approved waters;
2. A
project authorized under a Permit for Shellfish Restoration and/or Enhancement
in Waters Other Than Approved (N.J.A.C. 7:12-9.11);
or
3. Waters outside the boundaries
of the State of New Jersey, subject to any required approval from the receiving
state.
(b) In addition
to the completed Consolidated Permit Application form and application fee
required under
N.J.A.C.
7:12-9.3, an applicant for a Permit for
Growing Seed in Waters Other Than Approved by a Non-profit Organization or
Government Agency shall submit:
1. A copy of
a valid Scientific Collecting Permit issued by the Department's Division of
Fish and Wildlife allowing the collection of the species for which the
applicant seeks the Permit for Growing Seed in Waters Other Than Approved by a
Non-profit Organization or Government Agency; and
2. A project overview that includes the
following:
i. The name of the project manager,
and the names of all participants, identifying each participant's roles and
responsibilities in the project;
ii. A detailed description of the
objective(s) of the project;
iii.
For those participants growing seed, the location where each participant will
be growing seed (street address or GPS coordinates), the type of equipment to
be used (for example, upwellers, downwellers, floats, raceways), and the name
and location of the waters where the seed will be grown and the
classification(s) of those waters under this chapter;
iv. The anticipated dates for purchase of
seed, seed distribution to the participants, seed collection from the
participants, and relocation of seed as provided at (a) above;
v. The species and estimated number of seed
to be purchased, as well as the species and estimated number of seed to be
distributed to each participant;
vi. The criteria by which success of the
project is to be measured with respect to the objective(s);
vii. The method(s) and schedule for
monitoring seed growth and health;
viii. A schedule for the inspection of the
participants' seed and equipment:
ix. The specific location(s) where the seed
will be relocated after collection from the participants as provided in (a)
above; and
x. Where the project is
being continued from the previous year, the Project Summary Report described at
(d) below for that previous year.
(c) A Permit for Growing Seed in Waters Other
Than Approved by a Non-profit Organization or Government Agency is subject to
the following specific requirements and conditions:
1. The permittee shall not sell any seed
without prior written approval from the Department.
2. The permittee shall use only the species
and number of seed specified in the issued permit document.
3. The permittee and participants shall grow
seed only in the locations specified in the issued permit document.
4. The permittee shall ensure participants do
not grow shellfish larger than seed.
5. If shellfish are found to be larger than
seed, the permittee shall immediately notify the Department's Division of Fish
and Wildlife, Bureau of Law Enforcement, Marine Region at
609-748-2050.
6. The permittee
shall not modify any aspect of the project without prior written approval from
the Department.
7. The permittee
shall inform the Department of any changes in the information provided pursuant
to (b)2iii above.
8. The permittee
is responsible for informing all participants in the project that any collected
shellfish shall not be used for human consumption and of the risks associated
with consumption of shellfish from waters other than Approved.
9. The permittee shall keep records of the
disposition of all shellfish.
10.
The permittee shall notify the Bureau at least five days in advance of the
date(s) of:
i. Seed distribution to
participants;
ii. Seed collection
from participants; and
iii.
Relocation of seed as provided at (a) above.
11. The permittee shall immediately telephone
the Department's Division of Fish and Wildlife, Bureau of Law Enforcement,
Marine Region at 609-748-2050 regarding any theft of seed, tampering with
structures, or significant seed mortality.
12. The project manager shall have the issued
permit document in possession when distributing, collecting, or relocating seed
as part of the project.
13. The
permittee shall keep records of the disposition of all seed.
14. The permittee shall conduct inspections
of all participants' seed and equipment at the frequency specified in the
issued permit document, and shall maintain appropriate records of such
inspections.
(d) Except
as provided at (b)2x above, the permittee shall submit a Project Summary Report
to the Bureau at the address at
N.J.A.C.
7:12-1.1(l), no later than
60 days after the end of the period of validity specified in the issued permit
document. The Project Summary Report shall include a description of the
materials and methods used; results with, as appropriate, tables and graphs
summarizing the data collected; and a discussion analyzing the results as they
relate to the objective of the project.