Current through Register Vol. 56, No. 24, December 18, 2024
(a) The
purpose of the Soft Clam and/or Hard Clam Depuration Harvester Permit is to
allow soft and/or hard clams to be harvested from Restricted waters and
ultimately marketed after processing through a depuration plant operating
pursuant to a certification issued by the Department of Health under N.J.A.C.
8:13-2 and a Soft and/or Hard Clam Depuration Plant Permit issued under
N.J.A.C.
7:12-9.5.
(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 Soft Clam and/or
Hard Clam Depuration Harvester Permit shall specify the depuration plant at
which the applicant intends to land harvested shellfish and submit a copy of a
valid shellfish license.
(c) A Soft
Clam and/or Hard Clam Depuration Harvester Permit is subject to the following
requirements and conditions:
1. The only
shellfish that may be harvested under this permit are soft clams (Mya
areanaria) and/or hard clams (Mercenaria mercenaria) as specified in the issued
permit document.
2. Area(s) of
harvest are limited to those specified on the charts attached to the issued
permit document or amended charts sent by the Bureau to the current mailing
address of the permittee on record with the Bureau. The permittee is on notice
that any emergency closure or harvest suspension imposed pursuant to
N.J.A.C.
7:12-1.4 may affect the waters specified on
the charts. The Department will post notice of all emergency closures and
harvest suspensions at
www.nj.gov/dep/bmw.
3. The harvester shall possess a valid
shellfish license issued by the Department's Division of Fish and Wildlife
pursuant to
N.J.S.A. 50:2-1.
4. The harvester shall have the issued
depuration harvester permit document in possession while working in the
specified areas.
5. Each vessel
used by a harvester under this permit shall be marked, on both sides
(amidships), with legible black lettering (minimum six inches in height) on the
color background assigned by the Department to each depuration plant, giving
the permittee's first initial and last name and permit number.
6. Each harvester shall report in person each
day, prior to any harvest activities, to the depuration plant to obtain the
specific number of Department of Health-approved primary harvest containers
and, if so desired, obtain additional approved alternate containers in
accordance with
N.J.A.C.
7:12-9.5.
i. No containers to hold shellfish, other
than the approved harvest containers (primary and alternate) obtained from the
depuration plant, may be possessed in or on any harvest vessel used under this
permit. However, a harvester may have onboard up to three clam baskets solely
for purposes of culling and sorting harvested clams.
ii. Any harvester in possession of approved
harvest containers (primary or alternate) shall be deemed to have harvested all
clams in the harvester's possession from Restricted waters.
iii. Clams in the primary and alternate
containers shall be transported directly from the harvest area to the
designated depuration landing site(s) by the most direct route without making
any stops or landings along the way. Each harvester shall land the entire day's
catch at the depuration landing site(s) specified in the issued permit document
between the hours of 8:00 A.M. and 4:00 P.M. The harvester shall take all
reasonable measures to ensure that the containers of clams landed at the plant
are filled to capacity. Upon arriving at the depuration plant, the harvester
shall transfer all clams in the alternate containers to the corresponding
primary containers.
iv. Should an
emergency arise or adverse weather conditions exist, the harvest vessels may
dock at the depuration plant when necessary, except that off loading of clams
shall not be initiated until the specified landing times.
v. Upon landing at the designated depuration
landing site(s), the harvester shall enter the following information on the
Harvester Allocation Tag affixed to each primary container by the depuration
plant pursuant to
N.J.A.C.
7:12-9.5 (c) 3: harvester name, date, and the
harvest area.
7.
Harvesting by methods not permitted pursuant to any State laws and rules are
prohibited.
8. Any species of
shellfish other than soft and hard clams shall be immediately released at the
location from which they were harvested and shall not be removed from the
harvest site.
(d) The
harvesting of clams from the specified area(s) shall be permitted Monday
through Saturday of each week between sunrise and 4:00 P.M.
