Natural and Historic Resources
Division of Fish and Wildlife and
Fish and Game Council

Notice of Rule Proposal
Division of Fish and Wildlife Rules – Proposed Amendments to 2010-2011 Fish Code N.J.A.C. 7:25-6

Public Notice
Take notice that the NJ Department of Environmental Protection, Fish and Game Council is proposing amendments to N.J.A.C. 7:25-6, the Fish Code.  A statement of the substance of the proposal follows:  The Fish Code governs when, by what means, at which locations, in what numbers, and at what sizes, fish may be pursued, caught, killed, or possessed.  Proposed amendments include the following: The possession or release of live potentially dangerous fish is prohibited.  Potentially dangerous fish species are identified as; Asian swamp eel, Bighead carp, Brook stickleback, Flathead catfish, Grass carp (diploid), Green sunfish, Snakeheads, Oriental weatherfish, Silver carp, andWarmouth.  Six waterbodies, Scarlet Oak Pond (Bergen), Dennisville Lake (Cape May), West Pond (Cape May), Spring Mills Brook (Hunterdon), Rock Brook (Somerset) and Roaring Rock Brook (Warren) are proposed be removed from the Division’s trout stocking program.  Three waterbodies, Ponderlodge Pond (Cape May), Tuckahoe Lake (Cape May), and Alexauken Creek (Hunterdon) would be added to the trout stocking program.  The Year-Round Trout Conservation Area on the Pequannock River would be relocated further downstream, from the Hamburg Turnpike bridge/Brandt Lane (Bloomingdale) to the Hamburg Turnpike bridge (Pompton Lakes).  The current regulated TCA stretch, Route 23 bridge (Smoke Rise) downstream to the Route 23 bridge (Smith Mills), is proposed to be regulated as a Wild Trout Stream.  The Point Mountain Stretch on the Musconetcong River would be regulated as a Year-Round, instead of a Seasonal Trout Conservation Area.  The Trout Conservation Area on the Paulinskill River would be eliminated.  The daily limit of alewife and blueback herring would be reduced from 35 to 10, statewide, including the Delaware River.  Possession of purchased herring, in excess of the daily limit would be permitted provided a dated receipt is in possession.  A year- round catch and release season for largemouth and smallmouth bass is proposed for Lake Audrey (Cumberland).  The catch and release season for largemouth and smallmouth bass would be extended an additional four and a half months, from December 1 until the third Saturday in June of the following year, for Greenwood Lake (Passaic).  The daily limit for American shad would be reduced from six to three, statewide, including the Delaware River.  Daily baitfish limits for the Delaware River, which do not include alewife and blueback herring, will be increased from 35 to 50.  Commercial harvesters of snapping turtles would be required to provide contact information of the purchaser on require harvest reports.

The proposal is scheduled to be published in the New Jersey Register on August 17, 2009 and a Public Hearing concerning the proposed amendments will be held on September 8, 2009 at 7 PM at:

NJ Division of Fish and Wildlife Central Region Office
Assunpink Wildlife Management Area
1 Eldridge Road
Robbinsville, NJ 07719

A copy of the proposal is available from: Department of Environmental Protection’s (DEP) website (PDF); LexisNexis Customer Services at (800) 223-1944 or www.lexisnexis.com/bookstore.  Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Submit written comments by October 16, 2009 to:

Gary J. Brower, Esq.
Attention: Docket Number: 11-09-07/742
Office of Legal Affairs
New Jersey Department of Environmental Protection
401 East State Street, 4th Floor
P.O. Box 402
Trenton, New Jersey 08625-0402