New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 25A - OYSTERS
Subchapter 1 - OYSTER MANAGEMENT
Section 7:25A-1.5 - Substitution, exchanges, or transfers of licensed oyster dredge vessels; license renewal

Universal Citation: NJ Admin Code 7:25A-1.5

Current through Register Vol. 56, No. 24, December 18, 2024

(a) Any person who owns a vessel validly licensed pursuant to N.J.S.A. 50:3-1 may substitute a new vessel for the previously licensed vessel, except that no substituted vessel shall have a greater gross tonnage than the previously licensed vessel.

(b) Two persons owning vessels validly licensed pursuant to N.J.S.A. 50:3-1 may exchange their vessels with the approval of the Commissioner and the Council and be exempt from the tonnage limitation set forth in (a) above.

(c) A person replacing or transferring ownership of the person's licensed oyster vessel shall do one of the following:

1. File a notarized Statement of Intent with the Department indicating that he or she has sold the vessel and wishes to replace it with another vessel within one year. If transfer of the license to the replacement vessel is to occur after the expiration date of the current license, the license holder shall renew the license prior to expiration and pay the annual license fee specified in N.J.A.C. 7:25A-1.4(f) to retain the right for the license to be transferred;

2. File a notarized Statement of Intent with the Department indicating that the person will waive all rights and conditions of that license, not apply for a replacement license, and transfer the right to a license with the vessel to its new owner who shall meet all statutory and regulatory criteria for licensing. If transfer of the licensed vessel is to occur after the expiration date of the current license, the license holder shall renew the license prior to expiration and pay the annual license fee specified in N.J.A.C. 7:25A-1.4(f) to retain the right to the licensed vessel to be transferred; or

3. File a notarized Statement of Intent with the Department indicating that the person wishes to consolidate up to five additional licenses and all or the remaining amount of annual harvest quotas of licensed oyster dredge vessels to a designated harvest vessel in accordance with N.J.A.C. 7:25A-1.4. The Statement of Intent shall include all information specified at N.J.A.C. 7:25A-1.4(e)2.

(d) The new owner of a transferred vessel for which the previous owner has filed a notarized Statement of Intent with the Department under (c)2 above indicating that he or she will waive all rights and conditions of that license intending to transfer the right to the license with the vessel to its new owner, must have the license reissued in his or her own name. Application for reissue must include documentation as to ownership of the vessel, the current year's license, documentation of the gross tonnage of the vessel as specified in (k) below and the annual license fee specified in N.J.A.C. 7:25A-1.4(e).

(e) A licensed vessel that is lost, destroyed or disabled may be replaced within four years of December 31 of the year for which the lost, destroyed, or disabled vessel was licensed. The owner shall file a Statement of Intent with the Department, on or before December 31 of the year for which the lost, destroyed, or disabled vessel was licensed, that he or she will replace the vessel. If transfer of the license to the new vessel is to occur after the expiration date of the current license, the license holder shall renew the license prior to expiration and pay the annual license fee specified in N.J.A.C. 7:25A-1.4(e) to retain the right to the license to be transferred. The replacement vessel shall be licensed upon proof of loss and of replacement of the previously licensed vessel. No replacement vessels shall have more than a 10-percent greater gross tonnage than the previously licensed vessel.

(f) In order to maintain licensing during subsequent years, oyster dredge vessel licenses shall be renewed annually on or before December 31. Except for renewals under (c)1 and (e) above, application for renewal shall include proof of ownership of the vessel, an affidavit attesting that the vessel was validly licensed and evidence of compliance with N.J.A.C. 7:25A-1.4.

(g) A license not renewed within the calendar year shall be retired.

(h) License renewal is specifically conditioned on the continuing conformance of the licensee with all the requirements of this chapter.

(i) Nothing in this subchapter shall allow the issuance of two licenses for one.

(j) Only vessels propelled under their own motive power are eligible for license renewal, except for vessels for which the license has been consolidated on to a designated harvest vessel pursuant to N.J.A.C. 7:25A-1.4.

(k) The application for license reissuance, including renewal and reissuance to a new licensee as a result of a transfer, shall include documentation as to ownership and vessel gross tonnage, including the following:

1. A valid Certificate of Title; or

2. A current New Jersey Motor Vehicle Registration, and as applicable:
i. If the vessel is eligible for a United States Coast Guard Certificate of Documentation, in accordance with N.J.A.C. 7:25A-1.4(d)2, a current copy of the Certificate; or

ii. If the vessel is not eligible for a United States Coast Guard Certificate of Documentation, a certificate of measurement (survey) from a United States Coast Guard authorized certification organization indicating that an admeasurement of the vessel had been conducted. The applicant shall provide the Division with an official copy of the survey with raised seal, which must indicate the gross tonnage of the vessel prior to completion of the transfer and subsequent issuance of the license.

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