N.J. Admin. Code § 7:25-14.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:25-14.4 - Commercial licenses for crab pots/trot lines and crab dredges

(a) No individual shall take or attempt to take crabs by any means for the purpose of sale or barter without having in his or her possession his or her valid commercial crab pot/trot lines or crab dredge license issued by the Division pursuant to N.J.S.A. 23:5-35.2. A Delaware Bay commercial crab dredge license is valid to harvest crabs only within that portion of the "Delaware Bay" defined at N.J.A.C. 7:25-14.1as part of the "crab dredge area." An Atlantic Coast commercial crab dredge license is valid to harvest crabs in all areas defined at N.J.A.C. 7:25-14.1as the "crab dredge area," except the area defined as the "Delaware Bay."

1. To be eligible for a commercial crab pot/trot line license, the applicant must provide a copy of a previously valid commercial crab pot/trot line license held by the applicant from the previous year. The Department shall issue no more than one commercial crab pot/trot line license to any individual at any time.

2. No additional crab pot/trot line licenses will be issued until the number of licenses issued decreases below 180 licenses. When the number of issued licenses decreases below this threshold, the Department shall issue the available licenses, in accordance with (a)10 below.

3. To be eligible for an Atlantic Coast commercial crab dredge license, the applicant must provide a copy of a previously valid Atlantic Coast crab dredge license held by the applicant from the previous year. The Department shall issue no more than one valid Atlantic Coast crab dredge license to any individual at any time.

4. No additional Atlantic Coast commercial crab dredge licenses will be issued until the number of licenses issued decreases below 100 licenses. When the number of issued licenses decreases below this threshold, the Department shall issue the available licenses, in accordance with (a)10 below.

5. To be eligible for a Delaware Bay commercial crab dredge license, the applicant shall provide a copy of a previously valid Delaware Bay commercial crab dredge license held by the applicant from the preceding year.

6. No additional Delaware Bay commercial crab dredge licenses shall be issued until the number of licenses issued decreases below 50 licenses. When the number of issued licenses decreases below this threshold, the Department shall issue the available licenses, in accordance with (a)10 below.

7. A commercial crab pot/trot line and crab dredge licensee may transfer the right to the license at any time to the license holder's spouse, father, mother, son, daughter, brother, or sister upon application to the Division, provided the license is not pending revocation, suspension, or court action for any violation. In addition, the holder of a valid commercial crab pot/trot line or crab dredge license not pending revocation or court action due to violation of a provision of this subchapter may transfer the license to an individual who is not the licensee's spouse, father, mother, son, daughter, brother, or sister subject to (a)7i through v below, as applicable. The new licensee shall have a license issued in his or her name after payment of the fee specified at (a)8 below.

i. An active crab pot/trot line licensee who has harvested 200 or more bushels of hard crabs or 2,000 or more peeler crabs in the prior year, or an inactive crab pot/trot line licensee who has harvested less than 200 or less bushels of hard crabs or less than 2,000 peeler crabs in the prior year, shall apply to the Department for a transfer of the license to an individual who is not the licensee's spouse, father, mother, son, daughter, brother, or sister by no later than February 28 of the year in which the license holder wishes to transfer the license. If the Department receives 20 or fewer transfer applications from active crab pot/trot line licensees, or five or fewer transfer applications from inactive crab pot/trot line licensees, the Department will proceed with the transfer process for all requests. If the Department receives more than 20 applications from active crab pot/trot line licensees, or more than five applications from inactive crab pot/trot line licensees, the Department will institute the lottery system pursuant to (a)7v below to determine the order in which licensees will be allowed to transfer a license to an individual other than a spouse, father, mother, son, daughter, brother, or sister.

ii. An Atlantic Coast crab dredge licensee may not transfer a license to an individual other than a spouse, father, mother, son, daughter, brother, or sister until the number of available licenses falls below 100 licenses. Once the number of available Atlantic Coast crab dredge licenses falls below 100 licenses, the Department will allow unlimited license transfers of Atlantic Coast crab dredge licenses to any person.

iii. A Delaware Bay crab dredge licensee must apply to the Department for a transfer of the license to an individual who is not the licensee's spouse, father, mother, son, daughter, brother, or sister by no later than February 28 of the year in which the license holder wishes to transfer the license. If the Department receives five or fewer transfer applications from Delaware Bay crab dredge licensees, the Department will proceed with the transfer process for all requests. If the Department receives more than five applications from Delaware Bay crab dredge licensees, the Department will institute the lottery system pursuant to (a)7v below to determine the order in which licensees will be allowed to transfer a license to an individual other than a spouse, father, mother, son, daughter, brother, or sister.

iv. Once the number of available crab pot/trot line licenses falls below 180 licenses or the number of available Delaware Bay crab dredge licenses falls below 50 licenses, the Department will allow unlimited license transfers to any person of crab pot/trot line licenses or Delaware Bay crab dredge licenses each calendar year.

v. If the number of license transfer requests to an individual who is not the licensee's spouse, father, mother, son, daughter, brother, or sister exceeds the number at (a)7i or iii above in a calendar year, the Department will institute a lottery and generate a list of licensees based upon the lottery results. Any licensee requesting a transfer of a crab pot/trot line, or crab dredge license will be given the first opportunity to transfer a license in the order in which the licensees are placed on the list.

vi. The Department shall provide notice by first class mail to the licensee at the top of the crab pot/trot line or crab dredge lottery list about the opportunity to transfer a license. It is the responsibility of the applicant to provide the Department with written notification of any change in mailing address. A licensee has 30 days from the postmark date of the notice to respond to the Department.

vii. The Department shall remove an individual's name from the transfer license list if the individual is offered an opportunity to transfer a license under this paragraph, regardless of whether the individual transfers a license or not. Applications for a transfer shall be available from the Department. Only applications that are complete will be considered by the Department. The crab pot/trot line or crab dredge lottery will remain in place until the number of licenses falls below the number of licenses at (a)2 or 6 above, at which time the Department will allow unlimited license transfers to any person.

8. The license fee for New Jersey residents shall be $ 100.00 for a commercial crab pot/trot line license, $ 100.00 for a Delaware Bay commercial crab dredge license and $ 100.00 for an Atlantic Coast commercial crab dredge license. The license fee for non-residents will be the same as that for a resident if a New Jersey fisherman can obtain a license to harvest crabs in the state of residence of the non-resident applicant for the same fee as a resident of that state. Otherwise, the non-resident license fee shall be an amount equal to five times the $ 100.00 New Jersey resident license fee. All licenses shall expire on December 31 of the calendar year for which they were issued.

9. For crab pots and trot lines, the gear number shall be displayed on both sides of the crabber's boat amidship, in numerals not less than 12 inches high of a color contrasting with the background, and such numerals shall be illuminated during the hours of darkness.

10. When any additional commercial crab pot/trot line or crab dredge license becomes available pursuant to (a)2, 4, or 6 above, the individual(s) remaining on the lottery list of prior unsuccessful applicants will be given the first opportunity to obtain the license in the order in which they are placed on the list, provided the individual(s) purchase a license within 30 days of being notified by the Department. The Department shall provide notice by first class mail to the individual(s) on the list about the opportunity to obtain an available license. It is the responsibility of the applicant to provide the Department with written notification of any change in mailing address. Once the existing list is exhausted, the Department shall notify commercial docks and fishing organizations by e-mail or first class mail as to the availability of licenses. Applications for a license shall be available from the Department, and successful applicants shall be chosen by lottery, if necessary, from all completed applications received by the Department. The Department shall remove an individual's name from the crab pot/trot line license list, the Atlantic Coast crab dredge license lottery list, or Delaware Bay crab dredge license lottery list if the individual is offered an opportunity to purchase an available license under this paragraph, regardless of whether the individual purchases the license or for the crab pot/trot line license and the Atlantic Coast crab dredge license, if the individual acquires a license from an immediate family member pursuant to (a)7 above.

(b) For the purposes of this section and N.J.S.A. 23:5-35.1, the possession of more than one bushel of crabs shall be considered as taking for the purpose of sale or barter. A bushel shall be defined as a U.S. standard bushel equivalent to four pecks or 32 quarts.

(c) An applicant who is otherwise eligible for a license under (a)1, 3, or 5 above, but who fails to provide a copy of his or her license before the December 31 expiration of that license, may request an extension of time to renew in accordance with this subsection and (d) through (f) below.

1. The written request, along with any supporting documentation, shall be submitted to:

New Jersey Division of Fish and Wildlife

Mail Code 501-03

PO Box 420

Trenton, New Jersey 08625

2. The request shall:

i. Identify the specific license for which the extension of time to renew is requested;

ii. Explain in detail why the extension of time to renew is needed, including a statement of the type and degree of hardship that prevented the timely renewal of the license, and the hardship that will result to the applicant if the license is not renewed; and

iii. Provide appropriate documentation as necessary to support the request for the extension.

(d) The Department shall approve an extension request under (c) above only if it determines that the request and documentation demonstrate that:

1. By reason of extraordinary hardship or exceptional situation or condition, the applicant was precluded from renewing his or her commercial crab pot and/or dredge license(s) during the 12-month application period preceding the year for which the license is requested;

2. By reason of extraordinary or exceptional situation or condition, strict compliance with the deadline in (a)1, 3 or 5 above would result in exceptional and undue hardship upon the applicant; and

3. The circumstances supporting (d)1 and 2 above were not created by the applicant or persons under his or her control, and the approval of the extension will not unreasonably interfere with the orderly administration of this licensing program.

(e) The Department shall provide written notice to the applicant of its decision to approve or deny the request for extension.

(f) The denial of an extension request may be appealed pursuant to the procedures outlined in 7:25-14.21, Request for adjudicatory hearing.

N.J. Admin. Code § 7:25-14.4

Amended by R.1994 d.152, effective 3/21/1994.
See: 25 N.J.R. 4831(a), 26 N.J.R. 1337(b).
Amended by R.1996 d.587, effective 12/16/1996 (operative January 1, 1997).
See: 28 N.J.R. 3998(a), 28 N.J.R. 5231(a).
Substantially amended section.
Amended by R.2000 d.10, effective 1/3/2000.
See: 31 N.J.R. 2555(a), 32 N.J.R. 48(a).
In (a), rewrote 5, inserted "(93 licenses)" at the end of the first sentence in 6, and rewrote the first sentence in 7.
Amended by R.2004 d.20, effective 1/5/2004.
See: 35 N.J.R. 4224(b), 36 N.J.R. 174(b).
In (a), deleted the last sentence in 1 and 3; added (c) through (f).
Amended by R.2005 d.413, effective 11/21/2005.
See: 37 N.J.R. 742(a), 37 N.J.R. 4408(a).
In (a)7, deleted "or" following "son," and added ", brother or sister" following "daughter".
Amended by R.2008 d.15, effective 1/7/2008.
See: 39 N.J.R. 143(a), 40 N.J.R. 126(a).
In (a)2i, substituted a comma for the semicolon following "from the Department"; and in (a)4, substituted "250 licenses" for "the number issued in 1993 plus 20 percent (338 licenses)".
Amended by R.2016 d.057, effective 6/6/2016.
See: 47 N.J.R. 1815(a), 48 N.J.R. 953(b).
Rewrote (a); in the introductory paragraph of (c), inserted a comma following "3"; and in (c)1, updated the address.
Amended by R.2021 d.142, effective 12/20/2021.
See: 53 N.J.R. 297(a), 53 N.J.R. 2139(a).
In the introductory paragraph of (a), inserted a comma following "area"; in (a)2, substituted "180 licenses" for "the number issued in 1991 (312 licenses)"; in (a)4, substituted "100" for "250"; in (a)6, substituted "50 licenses" for "the number sold in 1997 (93 licenses)"; and rewrote (a)7.