Current through Register Vol. 56, No. 6, March 18, 2024
(a) No person shall land for the purposes of sale or barter, or otherwise sell or barter, more than 100 pounds of menhaden at any time in the State, unless the person is in possession of a Menhaden Landing License that authorizes the person to participate in the directed bait and whole frozen human food fishery for menhaden.
(b) Any person who intends to take menhaden from State waters for personal use as bait using a gill net, with the option to sell or barter 500 pounds or less in excess of the amount needed by the person for bait per day, shall obtain a Menhaden Personal Use and Limited Sale License pursuant to (l) below.
(c) Nothing in this section shall prohibit a person who does not possess a Menhaden Landing License or a Menhaden Personal Use and Limited Sale License from landing 100 pounds or less of menhaden for sale or barter, at any time, and on any trip or day.
(d) A person with a valid Menhaden Landing License who intends to land for the purposes of sale or barter, or otherwise sell or barter, more than 100 pounds of menhaden at any time shall obtain a Menhaden Landing License as follows:
1. The licensee must:
i. Complete the application form each year and submit it by December 31;
ii. Provide an email address to receive notifications from the Department; and
iii. Submit the correct fee as follows:
(1) The fee for a New Jersey resident using a purse seine is $ 150.00;
(2) The fee for a New Jersey resident using a gear type other than a purse seine is $ 50.00;
(3) The fee for a non-resident using a purse seine is $ 750.00 or an amount equal to the non-resident fee charged for the landing of menhaden in the non-resident's state, whichever is greater; or
(4) The fee for a non-resident using a gear type other than a purse seine is $ 250.00 or an amount equal to the non-resident fee charged for the landing of menhaden in the non-resident's state, whichever is greater.
(e) The following types of vessels, and their owners or operators, must obtain a Menhaden Landing License prior to landing any menhaden:
1. A gill net vessel that is used, or is intended to be used, to land more than 100 pounds of menhaden on an individual trip basis, for the purposes of sale or barter;
2. A pound net vessel that is used, or is intended to be used, to land more than 100 pounds of menhaden on an individual trip basis, for the purposes of sale or barter;
3. A trawl vessel that is used, or is intended to be used, to land more than 100 pounds of menhaden on an individual trip basis, for the purposes of sale or barter;
4. A vessel that is used, or is intended to be used, to land, on an individual trip basis, and for the purposes of sale or barter, more than 100 pounds of menhaden taken by bait net or other authorized gear;
5. A purse seine carry vessel that is used, or is intended to be used, to land, on an individual trip basis, and for the purposes of sale or barter, more than 100 pounds of menhaden taken from State or Federal waters; and
6. A purse seine catch vessel that functions as a purse seine carry vessel and that is used, or is intended to be used, to land, on an individual trip basis, and for the purposes of sale or barter, more than 100 pounds of menhaden taken from State or Federal waters.
(f) A purse seine catch vessel that does not function as a purse seine carry vessel is exempt from licensure as a Menhaden Landing vessel. However, the owner or operator of a purse seine carry vessel that works in conjunction with a purse seine catch vessel shall identify the purse seine catch vessel on the landing report.
(g) No purse seine carry vessel or purse seine catch vessel functioning as a purse seine carry vessel shall hold a Menhaden Landing License to land menhaden taken from State waters, unless the vessel is 90 feet or less in overall length. Nothing at (a) above shall prohibit the licensure of a purse seine carry vessel or purse seine catch vessel that is greater than 90 feet in overall length, as long as the vessel lands menhaden taken only from Federal waters.
(h) A Menhaden Landing License shall be issued:
1. In the name of the vessel and the vessel's owner or operator. If a purse seine carry vessel or a purse seine catch vessel functioning as a purse seine carry vessel is operated by a person who is not the owner of the vessel, the vessel operator shall be licensed separately and apart from the vessel owner; or
2. For bait net licensees, if no vessel will be used in the landing or sale of menhaden, in the name of the person applying for the license.
(i) Any Menhaden Landing License issued pursuant to this section shall specify the types of gear that may be used by the licensee in the taking of menhaden to be landed thereby.
(j) The holder of a Menhaden Landing License shall not use, have on board the licensed vessel, or work in conjunction with any other vessel that uses any type of fishing gear other than the type of gear specifically identified in the license.
(k) A Menhaden Landing License shall remain on board the licensed vessel, or, if no vessel is used, in the possession of the licensee at all times.
(l) A person with a valid Menhaden Personal Use and Limited Sale License who intends to use a gill net to take menhaden from State waters for personal use as bait, with the option to sell or barter 500 pounds or less in excess of the amount needed by the person for bait per day, shall obtain a Menhaden Personal Use and Limited Sale License and comply with the following:
1. The applicant shall hold a valid gill net license and a pot fishery license;
2. The applicant must:
i. Complete the application form each year and submit it by December 31;
ii. Provide an email address to receive notifications from the Department; and
iii. Submit the correct fee as follows:
(1) The fee for a New Jersey resident using a purse seine is $ 150.00;
(2) The fee for a New Jersey resident using a gear type other than a purse seine is $ 50.00;
(3) The fee for a non-resident using a purse seine is $ 750.00 or an amount equal to the non-resident fee charged for the landing of menhaden in the non-resident's state, whichever is greater; or
(4) The fee for a non-resident using a gear type other than a purse seine is $ 250.00 or an amount equal to the non-resident fee charged for the landing of menhaden in the non-resident's state, whichever is greater;
3. A person who is issued a Menhaden Personal Use and Limited Sales License may only take menhaden with a gill net. The use of any other gear type is prohibited; and
4. Except for the excess 500 pounds or less that may be sold or bartered, the licensee shall only make personal use of menhaden as bait for the licensee's commercial fishing pots and shall not use menhaden for any other purpose.
(m) A Menhaden Landing License and Menhaden Personal Use and Limited Sale License issued pursuant to this section shall be valid only for the calendar year for which it is issued and shall be renewed on an annual basis. The failure of a licensee to annually renew a Menhaden Landing License or a Menhaden Personal Use and Limited Sale License by December 31 in the year the license is valid shall result in forfeiture of the right to obtain such a license in future years, except as provided at (n) below.
(n) A licensee who is eligible for renewal of the licensee's Menhaden Landing License or Menhaden Personal Use and Limited Sale License may request an extension of time to renew the license.
1. A licensee seeking a license renewal extension shall complete and submit the application to the Department at:
Division of Fish and Wildlife
PO Box 420
Trenton, NJ 08625
2. The application shall:
i. Include the name of the licensee and licensed vessel, if any;
ii. Include the licensee's Menhaden Landing License or Menhaden Personal Use and Limited Sale License number;
iii. Include a detailed explanation as to why the extension is needed, including a statement specifying the type and degree of hardship that prevented the timely renewal of the license, and the hardship that will result to the licensee if the license is not renewed;
iv. Include any other appropriate documentation as may be necessary to support the application; and
v. Be submitted by no later than December 31 in the year the license would be valid if purchased by December 31.
3. An application for license renewal extension shall be approved if the Department determines that:
i. By reason of extraordinary hardship or exceptional situation or condition, the licensee was precluded from complying with the renewal requirements;
ii. Strict compliance with the renewal requirements provided by law would result in exceptional and undue hardship to the licensee;
iii. The circumstances supporting the conclusions made at (n)3i and ii above were not created by the licensee or persons under the licensee's control; and
iv. Approval of the extension will not unreasonably interfere with the orderly administration of the directed bait or whole frozen human food fishery for menhaden.
4. Within 30 days after receipt of a completed application for an extension of a license renewal, the Department shall approve or deny the application, and shall provide written notice of this determination to the licensee. A licensee whose application for extension is denied may appeal the decision by submitting an adjudicatory hearing request to the Department at the address listed below, with a copy to the Division of Fish and Wildlife at the address at (n)1 above:
New Jersey Department of Environmental Protection
Office of Administrative Hearings and Dispute Resolution
ATTENTION: Adjudicatory Hearing Requests
401 E. State Street
Mail Code 401-07A
PO Box 420
Trenton, NJ 08625-0420
(o) The holder of a Menhaden Landing License or Menhaden Personal Use and Limited Sale License shall complete and submit, on or before the 10th day of the month, the monthly report electronically or on a form to the Department at:
Nacote Creek Marine Fisheries Office
PO Box 418
Port Republic, NJ 08241
The licensee shall attest to the validity of the information contained in the monthly report. If no landing, sale, or barter of menhaden occurred during the month, the licensee shall submit a report to that effect to the Division.
(p) The monthly report shall include, at a minimum, the following information, which shall be reported on an individual trip basis:
1. The name of the licensee and licensed vessel, if any;
2. The licensee's Menhaden Landing License or Menhaden Personal Use and Limited Sale License number;
3. The name of the purse seine catch vessel, if any, which was used in conjunction with the licensed vessel;
4. The total amount, in pounds, of menhaden landed by the licensee or licensed vessel;
5. The total amount, in pounds, of menhaden discarded by the licensee or licensed vessel;
6. The location of harvest;
7. The type of gear used for harvest;
8. The ports used for the landing of menhaden;
9. The date on which, and the dealer to whom, any landed menhaden was sold or bartered by the licensee; and
10. Any other information required by the Division.
(q) Any licensee who fails to submit a monthly report on or before the 10th day of the month following the month of record shall be subject to a fine of $ 50.00 for a first offense, $ 100.00 for a second offense, and $ 200.00 for any subsequent offense.
(r) No refuse, litter, or garbage of any kind shall be thrown overboard or released from the vessel or its net(s). Dead fish shall not be thrown overboard or otherwise released from the vessel or its net(s), except incidental amounts of dead fish released during fishing operations. The licensee shall immediately notify the Division's Marine Enforcement Unit at (609) 748-2050 of a release.
1. Menhaden Landing licensees are responsible for cleaning up any fish, fish-part, refuse, litter, or garbage of any kind that is released during any fishing operation or as a result of a fishing operation and must initiate such cleanup no later than 24 hours after the release begins.
2. If the licensee fails to initiate such cleanup within the 24-hour period, the Department may conduct or arrange for the performance of the cleanup. In addition to any other penalties and remedies provided by law, the licensee shall be liable for all costs associated with such cleanup, including any administrative costs incurred by the Department. Such cleanup shall include, but not be limited to, the marine and estuarine waters of the State and adjacent beaches, shorelines, and marshes.
