N.J. Admin. Code § 7:25-24.9 - Lease transfers

(a) Leases may be transferred only with the approval of both the Council and the Commissioner and only under the following circumstances:

1. The new lessee shall meet all statutory criteria for leasing specified at 50:1-23 through 50:1-31, shall be the holder of a valid Commercial Shellfish License or a Shellfish Certificate and shall not have been convicted in the five years prior to the transfer of violation of 50:4-3 or 58:24-3 or any administrative rule promulgated pursuant to those statutory provisions;

2. The new lessee and the current lessee shall apply for the lease transfer in person at the Nacote Creek Shellfish Office;

3. A lease of new ground acquired through the application process shall not be transferred for a period of one year following the grant of the lease;

4. An application for a lease transfer shall be placed on the agenda of the next regularly scheduled Council meeting for consideration. At that meeting, the Council will receive public comment on the transfer application and shall render a decision to deny the lease application or shall grant the transfer application subject to approval by the Commissioner. A hydrographic survey of the lease area will be required only if the Council or the Department request at the Council meeting that the Bureau perform such a survey to verify the lease area location and/or boundaries; and

5. Following approval of a transfer by the Council and the Commissioner for which a hydrographic survey is requested by either the Council or the Department, the Bureau shall perform a hydrographic survey of the lease area described in the transfer application to verify its location and boundaries. Before the Department issues an executed lease to the new lessee, the new lessee shall reimburse the Bureau for the expense of the hydrographic survey at a rate of $ 30.00 per corner. Failure to reimburse the Bureau within 30 days of the Council's approval of the transfer will constitute grounds for denial of the lease application, and the area applied for shall revert to public bottom.

Notes

N.J. Admin. Code § 7:25-24.9

Amended by R.1991 d.132, effective 3/18/1991.
See: 23 New Jersey Register 37(a), 23 New Jersey Register 848(b).
Specification of prior violations of shellfish laws and administrative rules as basis for denial of lease in (a)1.
Amended by R.1995 d.202, effective 4/3/1995.
See: 26 New Jersey Register 3109(a), 27 New Jersey Register 1405(a).