OFFICIAL SITE OF THE STATE OF NEW JERSEY072103a
NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
NATURAL AND HISTORIC RESOURCES
DIVISION OF FISH AND WILDLIFE
Notice of Rule Proposal
Fish Code for 2004-2005 fishing season – Proposed Amendments:
N.J.A.C. 7:25-6
Public Notice
Take notice that the NJ Department of Environmental Protection
is proposing amendments to N.J.A.C. 7:25 – 6 Fish Code for the
2004 – 2005 fishing season. A statement of the substance of
the proposal follows: The Fish Code, states when, by what means,
and at which locations, in what numbers, and at what sizes,
fish may be pursued, caught, killed, or possessed. The proposed
amendments to the rule attempt to balance opportunities for
recreational fishing with adequate protection of the natural
resource. Specific ammendments include:
- Opening day of the 2004 trout season has been set for April
10, 2004 (N.J.A.C. 7:25-6.3(a)). All of the dates, throughout
the Code, which are dependent on this date have been adjusted
accordingly. - 2004 is a leap year and therefore, season dates beginning
or ending on the last date of February have been adjusted
accordingly in N.J.A.C. 7:25-6.13(q-r) and N.J.A.C 7:25-6.19. - The Fish and Game Council proposes to amend the definition
of baitfish listed in N.J.A.C. 7:25-6.2 to indicate that both
alewife (anadromous and landlocked forms) and blueback herring
are no longer considered a baitfish in the Delaware River,
but instead are a foodfish. This change was made to be consistent
with the definition of foodfish on the Delaware River as set
forth in N.J.S.A. 23:9-5 and the regulations established by
the Pennsylvania Fish and Boat Commission (58 PA. CODE CHS.
61). Alewife herring are still regulated as baitfish in the
remainder of the State. - Under definitions (N.J.A.C. 7:25-6.2) of “baitfish,”
Gizzard shad was added. The intent of this proposed change
is to allow greater harvest of gizzard shad. Gizzard shad
is a highly prolific species which quickly becomes over abundant
in a number of New Jersey waters. - The proposed amendments of N.J.A.C. 7:25-6.2 also removes
hickory shad and alewife (anadromous form) from the list of
foodfish for the taking with nets (N.J.A.C. 7:25-6.11). The
removal of hickory shad was made to be consistent with recent
changes to Pennsylvania Regulations (58 PA. CODE CHS. 61).
Pennsylvania currently has a closed season on hickory shad,
due to concerns with its lack of abundance in the Delaware
River. Alewife (anadromous form) was removed to prevent the
taking of alewife, during their spring spawning run, via the
use of haul seines, fykes and gill nets in the State’s
rivers. This recommendation is made to protect the migratory
spawning run of alewife herring. Since alewife are anadromous
they are also a marine species. Therefore, under N.J.A.C.
7:25-6.2, an exclusion for alewife was added under the heading
of other marine species under the definition of foodfish.
Landlocked alewives can still be taken in lakes, over 250
acres, by special permit issued by the Division. - At N.J.A.C. 7:25-6.3(f), the current trout stocked stretch
on the Passaic River, White Bridge to Dead River, will be
extended from White Bridge Rd to Rt 24, Chatham Borough. This
will increase the recreational trout fishing opportunities
on the Passaic River by two miles. - Due to the excellent reproducing trout fisheries documented,
the following waters will be designated as Wild Trout Streams
at N.J.A.C. 7:25-6.5: Saddle River, State Line Road to Lake
Street; Whippany River, source to Tingley Road; and Jackson
Brook, source to Hedden Park Lake. This will protect the valuable
fishery resources within these streams as well as promote
recreational fishing opportunities. - The baitfish regulations at N.J.A.C. 7:25-6.10(e) have been
amended to allow the taking of baitfish, other than alewife
and blueback herring, from the freshwaters of the State by
special permit. An amendment to a previous year’s Code
permitted the taking of baitfish only in lakes greater than
250 acres. The intent of the amendment was to prohibit the
taking of alewives in streams, not to prohibit the taking
of all other baitfish within a stream environment. This years
change rectifies the error and provides protection to the
alewife migratory run without precluding the taking of other
baitfish species. - At N.J.A.C. 7:25-6.11(2)(i), to allow for the continuation
of a historic fishery on the Delaware River but continue to
protect this valuable resource from exploitation, permits
for haul seines exceeding 70 fathoms in length will be issued
for the Delaware River, upstream of the wing dam at Lambertville,
only for permittees who have obtained approval from the Division
prior to January 1, 2004. New permittees will be restricted
to seines not to exceed 70 fathoms in length in this section
of the Delaware River. - The start date for the 2004 gill net season, and each year
thereafter, will change from March 1st to May 1st. This change
at N.J.A.C. 7:25-6.11 (2) (v) was made to protect the spawning
run of alewife herring (anadromous form), which occurs from
the beginning of March through the middle of April. Conversely,
the spawning run of blueback herring occurs at the beginning
of May through June. Alewife herring is similar in appearance
and easily mistaken as a blueback herring. However, gill net
permits are issued for the taking of blueback herring only.
The later start date will reduce the number of alewife herring
inadvertently being captured. - Under N.J.A.C. 7:25-6.11 the exclusion for striped bass
for the taking by haul seines, fykes and gill nets was removed.
Striped bass is not listed under the definition of species
approved for the taking by nets, N.J.A.C. 7:25-6.2, so therefore
the additional inclusion under N.J.A.C. 7:25-6.11 is unnecessary.
However, since striped bass are anadromous they are also a
marine species. Therefore, under N.J.A.C. 7:25-6.2, an exclusion
for striped bass was added under the heading of other marine
species under the definition of foodfish. - The foul hooking of alewife and blueback herring will be
banned under N.J.A.C. 7:25-6.12. Snagging herring as a method
of collecting fish causes a high degree of collateral mortality
that often includes striped bass and other game fishes. - Under N.J.A.C. 7:25-6.13(a) the minimum size for muskellunge
and tiger muskie will be increased from 30 inches to 36 inches
and the creel reduced from two fish per day to one fish per
day at Mercer Lake. This regulation change will be consistent
with other state waters that are stocked with true strain
muskellunge and have an established and targeted fishery. - Under N.J.A.C. 7:25-6.13(t) the daily limit for sunfish
at Rainbow Lake, Salem County, will be reduced from 25 (N.J.A.C.
7:25-6.13(c)) to 10 per day and a minimum size of 7 inches
be set. This will serve to protect the excellent panfish population
as angler access, and interest in the lake, has greatly increased. - Fishing within the flumes of Deal Lake, Wreck Pond and Lake
Takanasee will be prohibited from March 1 to June 30 under
7:25-6.16(a). The outlet structure design of these impoundments
congregate fish through narrow raceways making fish extremely
vulnerable to capture particularly during spring spawning
migrations. - For consistency with regulations with the Pennsylvania Fish
and Boat Commission pertaining to the Delaware River (58 PA.
CODE CHS. 61), a closed season has been included on hickory
shad at N.J.A.C. 7:25-6.20(a). Hickory shad are an uncommon
species in freshwater and there are concerns about the abundance
of this species within the Delaware River. - At N.J.A.C. 7:25-6.20(a), the daily bag limit for alewife
and blueback herring has been reduced from 50 to 35 Statewide,
including the Delaware River. This reduction in bag limit
is to be consistent with newly adopted Pennsylvania Regulations
(58 PA. CODE CHS. 61.2) and to limit the number of alewives
which may be captured on a daily basis for personal use. - Application requirements were added to permitting requirements
for baitfish, netting and snapping turtle harvest under N.J.A.C.
7:25-6.10, 7:25-6.11 and 7:25-6.22. Permit conditions, similar
to those for baitfish and snapping turtle permits, were outlined
for netting permits under 6.11(a)6. These conditions include
a reporting requirement. Harvest information received from
commercial anglers is extremely valuable for successful species
management. Under 6.22(a)3, a condition preventing the transfer
of turtle and frog permits to other operators was included.
In addition, the Code, under N.J.A.C. 7:25-6.10, 6.11, 6.13,
6.20, and 6.22, was further clarified that the intent of issuance
of gill net, haul seine, baitfish, and snapping turtle permits
was for the sale of the species collected under these permits. - For clarification purposes two sections, N.J.A.C. 7:25-6.25
and 6:26, were added. Section 7:25-6.25 outlines penalties
for failure to comply with permits issued by the Division.
Revocation of permits was also outlined for failure to abide
by conditions set forth in the permits issued. Revocation
would be in addition to penalties already outlined in the
statutes. Section 7:25-6.26 defines appeal procedures for
permit denial and revocation in accordance with the Administrative
Procedure Act, N.J.S.A. 52:14B-1.
The proposal is scheduled to be published in the New Jersey
Register dated July 21, 2003. A copy of the proposal is available
from: NJDEP
Division of Fish and Wildlife website; NJ Division of Fish
and Wildlife, Bureau of Freshwater Fisheries P.O. 400 Trenton,
NJ 08625; NJ Division of Fish and Wildlife Regional Offices;
Westlaw Publishing at 1-800-808-WEST). Be advised there may
be a fee for obtaining a copy of the proposal from some sources.
A public hearing concerning the proposal is scheduled as follows:
Tuesday, August 12, 2003 at 2 pm
Assunpink Wildlife Management Area
Central Regional Office – Conference Room
Robbinsville, New Jersey 08691
Written comments may be submitted by September 19, 2003 to:
Mr. Martin J. McHugh, Director
NJ Department of Environmental Protection
Division of Fish and Wildlife
PO Box 400
Trenton, New Jersey 08625