Notice of Proposed Substantial Changes on Adoption of Proposed Amendments
Public Notice

Take notice that the NJ Department of Environmental Protection is proposing substantial changes on adoption to the Proposed Amendments to the State Park Service Code published on July 19, 2012 (44 N.J.R. 1935(a)).  Through this Notice of Substantial Changes on Adoption, the Department is proposing to amend the definition of “mobile sport fishing vehicle” to remove language added in the initial proposal that makes recreational vehicles (RVs) and military designed and surplus vehicles ineligible for use as mobile sport fishing vehicles.  As amended, the rule restricts mobile sport fishing vehicles to two-axle, four-wheel drive passenger motor vehicles, having tires no larger than 40 inches in overall diameter, designed to be licensed and operated on the public roadways and highways of the State, and capable of four-wheel drive operation when off the public roads on the beach.  Only ATVs and trailers-in-tow are specifically excluded from the definition.

The Department is also proposing to amend N.J.A.C. 7:2-3.2(e) to remove the restriction on military designed or surplus vehicles in or over lands or in or on waters under the jurisdiction of the State Park Service. The proposed amended rule prohibits the operation of vehicles with more than two axles and tires larger than 40 inches in overall diameter, whether or not the vehicle is capable of four-wheel drive.  As in the existing rule, ATVs are expressly prohibited.

The public notice of substantial change on adoption is scheduled to be published in the New Jersey Register dated August 18, 2013.  A copy of the public notice of substantial change on adoption is available at https://dep.nj.gov/wp-content/uploads/rules/proposals/20130819a.pdf.  Be advised that there may be a fee for obtaining a copy of the public notice of substantial change on adoption from some sources.

Written comments may be submitted electronically by October 18, 2013 at https://dep.nj.gov/rules/comment-on-dep-rulemaking-2/; or

In hard copy to:

Alice A. Previte, Esq.
Attention:  DEP Docket Number 01-12-06
Office of Legal Affairs
Department of Environmental Protection
401 East State Street, 4th Floor
Mail Code 401-04L
P.O. Box 402
Trenton, New Jersey 08625-0402