N.J. Admin. Code § 7:25-12.5 - Definitions

Current through Register Vol. 54, No. 7, April 4, 2022

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Approved waters" means waters meeting established sanitary standards for approved shellfish harvesting, as delineated at N.J.A.C. 7:12.

"Bait clams" means surf clams taken from condemned waters, not for human consumption but only for use as bait.

"Bait clam vessel" means a vessel holding a bait clam vessel license issued pursuant to 7:25-12.15.

"Bushel" means 1.88 cubic feet of clams within the shell.

"Cage" means a container with a standard unit of measure containing 60 cubic feet (1,700 liters). The outside dimensions of a standard cage generally are three feet (91 cm) wide, four feet (122 cm) long, and five feet (152 cm) high.

"Commissioner" means the Commissioner of Environmental Protection or his or her designee.

"Condemned waters" means waters not meeting the established sanitary standards for approved shellfish harvesting, including waters designated as Prohibited, Special Restricted, Seasonal Special Restricted and Seasonal, as delineated at N.J.A.C. 7:12.

"Council" means the Atlantic Coast Section of the New Jersey Shell Fisheries Council.

"Department" means the Department of Environmental Protection.

"Division" means the Division of Fish and Wildlife in the Department of Environmental Protection.

"Fishing trip" means a departure from port, transit to the fishing grounds, fishing and return to port.

"Land" means to transfer the catch of surf clams from any vessel to any land, pier, wharf, dock, or other man-made structure.

"Licensee" means the holder of a surf clam license or a bait clam vessel license or his or her agent.

"Offload" or "offloading" means to separate physically a cage from a vessel.

"Person" includes the captain, owner or other person responsible for the operation of a vessel.

"Season quota" means the total amount of surf clams, excluding bait clams, that may be harvested by all surf clam license holders from State waters during the annual surf clam season.

"Standing stock" means the amount of the surf clam resource in State waters, measured in bushels as determined by surf clam inventories conducted by the Division.

"Surf clams" means the species Spisula solidissima. Unless otherwise specified, the term "surf clams" includes bait clams.

"Surf clam vessel" means a vessel equipped to harvest surf clams by means of a dredge or dredges.

"Vessel," in addition to its normal meaning, includes the captain, owner or other person responsible for the operation of a vessel.

Notes

N.J. Admin. Code § 7:25-12.5
Amended by R.2001 d.73, effective 3/5/2001.
See: 32 New Jersey Register 4435(a), 33 New Jersey Register 874(a).
Amended by R.2001 d.477, effective 12/17/2001.
See: 33 New Jersey Register 3288(a), 33 New Jersey Register 4340(a).
In "Condemned waters", substituted "Special" for "Specially" preceding "Restricted,"; in "Council", deleted "and the Delaware Bay Section"; in "Surf clams", deleted "Mactra solidissima also known as".

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