Shellfish Growing Water Classification Shellfish

Brought to you by Rutgers, the State University of New Jersey, NJAES, Office of Continuing Professional Education (www.cpe.rutgers.edu) SHELLFISH GROWING WATER CLASSIFICATION

CHAPTER 12 SHELLFISH GROWING WATER CLASSIFICATION

Authority NJ.S.A. 13:10-9 and 58:24-1 et seq.

Source and Effective Date R.2oo8 d.150. errective May 14. 2008. See: 40 NJ.R. 529(a), 40 N.J.R. 3185(a).

Chapter Expiration Dlle Chaplcr 12. Shellfish Growing Water Classification, expires on May 14,2013.

CHAPTER TABLE OF CONTENTS

SUBCHAPTER I. CLASSIFICATION OF CERTAIN SHELLFISH WATERS 7: 12-LI General provisions 7:12-1.2 Definitions 7:12-1.3 ",ope 7:12-1.4 Classification of shellfish waters 7:12-1.5 Immediate shellfish harvest suspensions and restrictions

SUBCHAPTER 2. SHELLFISH GROWING WATER CLASSiFICATION-PROHIBITED 7: 12-2.1 Shellfish growing water classification-Prohibited 7: 12-2.2 Use of shellfish grown in waters classified as Prohibited for human consumption

SUBCHAPTER 3. SHELLFISH GROWING WATER CLASS IFICATION-SPECIAL RESTRICTED 7: 12-3.1 Use of shellfish grown in waters classified as Special Re- stricted for human consumption 7: 12-3.2 Shellfish growing waters that are classified as Special Restricted

SUBCHAPTER 4. SEASONALLY APPROVED SHELLFISH GROWING WATERS 7:12-4. 1 Seasonally Approved growing waters (Approved No- vember 1 through April 30 yearly, Special Restricted May 1 through October 31, yearly) 7: 12-4.2 Seasonally Approved growing waters (Approved January 1 through April 30 yearly, Special Restricted May I through December 31 yearly)

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SUBCHAPTER 5. SEASONAL SPECIAL RESTRICTED session with intent to distribute or sell, or sold, and also to all SHELLFISH GROWING WATERS streams, tributaries thereof and land adjacent the reto, the 7:12-5.1 Seasonal S ~cial Restricted growing waters (Special Re- waters draining from which may come in contact with such stricted Area: May I through September 30 yearly, shel[fish. Prohibited Area: October 1 through April 30 yearly)

SUBCHAPTER 6. (RESERVED) (f) The Depanment of Environmental Protection, together with the Department of Health and Senior Services, may SUBCHAPTER 7. SANCTUARIES make such inspection of such places and take such samples of 7:12-7.1 Sanctuaries oysters, clams or other she llfish or other substances as it may deem necessary to carry out the purposes of this chapter. SUBCHAPTER 8. (RESERVED) (g) No person sha l[ obstruct or interfere with any officer or SUBCHAPTER 9. SPECIAL PERMIT employee of the State while such officer or employee is en 7:12-9.1 General provisions; all programs gaged in the performance of duties re lated to shellfish sani 7:12-9.2 General provisions; hard and so ft clam depuration only tation. 7:12-9.3 Applications 7:12-9.4 Bait program; sea clams 7:12-9. 5 Bait program; soft clams andlor hard clams (h) Spec ial shellfish buoys, signs, and markers showing 7: 12-9.6 Depletion program areas other than Approved are considered to be under the 7: 12-9.7 Soft clam and hard clam depuration programs control of the State as provided by RS 12:4-2 and any person 7: 12-9.8 Relay program who removes or destroys these buoys, signs andlor markers 7:12-9.9 Transfer progrnm 7:12-9.10 Transplant program shall be liable to a penally of $60.00; or any person who 7:12-9.11 Possession andlor plant program; bait store damages or removes any shel[fish sign, buoy, or marker 7:12-9.12 Possession andlor processing plant progrnm; seed oysters showing a shellfish area classified other than Approved may 7:12-9.13 Scientific Collection and Non-Human Consumption Pro- gmm be prosecuted for crim inal mischief, NJ.S.A. 2C: 17-3. These 7: 12-9.14 through 7: 12-9.15 (Reserved) signs, markers and buoys are provided as a means of public information only.

(i) Charts designating growing water classifications as SUBCHAPTER I. CLASSIFICATION OF CERTATN hereinafter referenced are available from the Bureau of SHELLFISH WATERS Marine Water Monitoring Offices, Marine Police Stations and Shellfisheries Field Offices at Bivalve and Nacote Creek. 7:12-1.1 Genera l provisions However, all persons are cautioned that emergency closures may be necessary and may not be charted. These Shellfish (a) [t is the intent of the Department pursuant to statutory Growing Water Classification Charts are developed from authority 10 establish regulations and specifications, to be Na ut ical Charts Number 12327 New York Harbor, 93rd Edi known as the Shellfish Growing Water Classification Code. tion, January 15, 2000; Number 12324 Intracoastal Water way, Sandy Hook to Linle Egg Harbor, 29th Edition, April 7, (b) The Depanment recognizes that the shellfish industry 2001 ; Number 12316 Intracoastal Waterway, Little Egg and regulatory standards are subject to change as tech Harbor to Cape May, 28th Edition, August 25, 2001 ; and nological data becomes avai lable; accordingly it is the desire Number 12304 Delaware Bay, 41st Edition, Apri l 22, 2000. of the Department that the code be revised as necessary. The Department of Environmental Protection hereby con (c) The enforcement of the provisions of this code by the demns all shellfish growing waters as described in this chap Depanment or its agents shall be coordinated with and be in ter and other places from which shellfish are or may be taken conjunction with any and all other State and federal agencies as listed in NJ.A.C. 7: 12-9 at all times of the year except exercisingjurisdiction over practices of the shellfish industry. when otherwise noted in NJ.A.C. 7: 12-4 and 5.

(d) If any provision of this code or application thereof to (j) Designated areas utilized in conjunction with one of any person or circumstance is held invalid, the invalidity shall the Special Permit Programs under NJAC. 7: 12-9 which are not affect other provisions or applications of this code which [eased from the State and may contain shellfish harvested can be given effect without the invalid provision or appli from the Seasonal Special Restricted or Special Restricted cation, and to this end the provisions of this regulation are area, are underthe Relay Program, NJ.A.C. 7:12-9.8, Trans severable. fer Program, NJ.A.C. 7: 12-9.9. and Transplant Programs, NJ.A.C. 7: 12-9.10, and may be harvested only upon notifica (e) Pursuant to NJ.S.A. 58:24-7 and N.J .S.A. 13:10-7a tion by the Bureau of Marine Water Monitoring. Nonleased the Department shall have free access to "all oyster or clam lots within these designated areas are not available to harvest beds, places of business and a l[ other places where oysters, of shellfish at any time. clams or other shellfish are grown, kept, stored, had in pos-

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SHELLFISH GROWING WATER CLASSIFICATION 7:12-1.2

(k) This subchapter recognizes the National Shellfish Sanitation Program (NSSP) as the FederaVState cooperative program that provides for the sanitary control of molluscan shellfish produced and sold for human consumption. Partici pants in the NSSP include agencies from shellfish producing 7:12-1.2 Definitions states, the Federal agencies (Food and Drug Administra The following words and terms, when used in this chapter, tion, Environmental Protection Agency, and National shall have the following meanings unless the context clearly Ck:eanic and Atmospheric Administration) and the shellfish indicates otheIWise: industry. A 1984 Memorandum of Understanding between the FDA and the Interstate ShellfISh Sanitation Conference "Approved areas" means water meeting the sanitary stan (ISSC) specified that the purpose of the ISSC is to provide a dards for approved shellfish halVesting as recommended by formal structure for state regulatory authorities to parlici the Interstate Shellfish Sanitation Conference. Waters not pate in establishing updated procedures for uniform slale classified as Prohibited, Special Restricted, Seasonal Special application of the NSSP. The ISSC has adopted formal Restricted, or Seasonal shall be considered Approved for procedures for state and industry representatives to review the harvest of shellfISh. shellfish sanitation issues and develop regulatory guidelines. Following FDA concurrence, the guidelines are published in "Bait harvesting" means the taking of shellfish from areas revisions to the NSSP "Guide for the Control of Molluscan other than approved, for use only as bait and not for human Shellfish" (Guide). Individual provisions of the Guide be consumption. come part of New Jersey's shellfish regulations through the State's rulemaking PloceSS, thereby requiring compliance by "Bureau" means the Bureau of Marine Water Monitor the New Jersey's shellfishing industry. ing.

"Condemned areas" means waters not meeting the estab lished sanitary standards as recommended by the Interstate Shellfish Sanitation Conference. Condemned areas are comprised of the following classifications: Prohibited, Spe cial Restricted, Seasonal Special Restricted and Seasonal.

"Department" means the New Jersey Department of Environmental Protection.

"Department maintained markers" means any special shellfish buoy, range, stake or marker maintained by the Department of Environmental Protection, for the purpose of aiding in the delineation of water classified for shellfish harvesting.

"Depletion" means the planned removal of market size shellfish from areas other than approved, for resource man agement and control purposes.

"Depuration or controlled purification" means the pro cess that uses a controlled aquatic environment to reduce the levels of bacteria and viruses in live shellfish.

"Depuration plant" means a premise or establishment in which shellfish obtained from waters officially sanctioned and classified by the Department of Environmental Protec tion as Special Restricted or Seasonal Special Restricted are subject to a process of controlled purification with the proper controls approved by the Department of Health and Senior Services which will render the depurated shellfish alive, and microbiologically acceptable within the meaning of State statutes and regulalions.

"Depuration process" means the procedure and equip ment employed by which shellfish are halVested from waters sanctioned and classified by the Department of Environ-

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7:12-1.2 ENVIRONMENTAL PROTECfION mental Protection as Special Restricted or Seasonal Special "Research" means the taking of shellfish from areas other Restricted and are treated at a depuration plant (or con than approved, for purposes of scientific investigation re trolled purification. quiring naturally contaminated shellfish.

"Depuration un it" is a tank or series of tanks supplied by "Sanctuary" means an area established by the department a single process waler system. for research purposes.

"Designated enforcement unit(s)" means the Bureau of "Seasonal area" means waters condemned and opened for Law Enforcement in the Division of Fish and Wildlife. the harvest of shellfish each year automatically by operation Marine Bureau in the Division of State Police, the Bureau of the regulations in this chapter. of Marine Water Monitoring in the Division of Watershed Management. "Seasonal Special Restricted Area" meanS certain Con demned waters meeting specified sanitary standards as set "Hard dams" mean the species Merccnaria mercenaria. forth by the Interstate Shellfish Sanitation Conference (ISSC) during a portion of the year. The areas so designat "Harvester allocation tag" means the lag that is to be ed will automatically, by operation of regulations according afftxed 10 each container of shellfish at the time the contain to the schedule in N.J.A.C. 7:12-5.1, be available for use er is allocated by the depuration plant operator to the under the special permit programs sanctioned by the De individual cJammer. The use, specifications and information partment. requirements shall be in compliance with Department of Health and Senior Services rules at N.J.A.C. 8:13-2.24. "Shellfish" means all species of oysters, clams or mussels, either shucked or in the shell that are fresh or fresh frozen "Interstate Shellfish Sanitation Conference" or "ISSC" and whole or in part and scallops, only when they are whole means the formal conference that establishes guidelines and or with roe-o n. procedures of the National Shellfish Sanitation Program (NSSP) for the sanitary control of the harvesting, processing "Shellfish Resource Recovery Steering Committee" or and distribution of shellfish. These guidelines and proce "SRRSC" means a committee of representatives from the dures are published as "Guide for the Control of Molluscan Department of Environmental Protection and the Depart Shellfish" and are updated by the ISSC as needed. Member ment of Health and Senior Services who have the regulatory ship in the ISSC consists of Federal, State and local regula responsibilities for resource recovery programs. tory agencies responsible for shellfish sanitation, the shell "Soft clams" means the species Mya arenaria. fish industry and the academic community. "Spawner area" means those areas established by the "Marina" and/or "mooring facility" means any structure department to re-establish shellfish populations. (docks, piers, bulkheads, floating docks, etc.) that supports five or more boats, built on or near the water, which is "Special Permit Programs" means programs developed 10 utilized for docking, storing or otherwise mooring vessels utilize shellfish from waters classified other than approved. and usually but not necessarily provides services to vessels such as repairing fueling, security or other related activities. "Special Restricted areas" means certain Condemned ar eas meeting specified sanitary standards as set forth by the " Monitoring system" means a video surveillance system Interstate Shellfish Sanitation Conference. Application for which shall be remotely monitored via telephone lines in removal of shellfish to be used for human consumption from designated Stale offices. The surveillance system shall be areas classified as Special Restricted will be considered for so located as to monitor all critical control activities. The transplant, transfer, relaying, and depuration/controlled pu system must be approved by the SRRSC. rification.

"Person" means and includes any individual, company, "Transfer" means the movement of shellfish from leased firm, corporation, association, society, partnership, joint land located in a Condemned area to leased lands located in stock company and their agents or employees and shall also an Approved area for the purposes of propagation and/or include the State and all its political subdivisions, any agen purification. cies or instrumentalities thereof. "Transplanting" means the taking of submarket size shell "Prohibited areas" means certain Condemned areas meet fish from areas other than approved areas for replanting in ing specified sanitary standards as set forth by the Interstate approved areas until they grow to market size. Shellfish Sanitation Conference (ISSC).

"Relaying" means the taJcing of market size shellfish from areas other than approved areas, for replanting in approved areas for purposes of purification prior to marketing.

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7:12-1.4 Classification ofshellfish waters (a) The Department shall classify the shellfish waters of the State for the purpose of harvesting shellfish. The classifi cation of all shellfish waters shall adhere to the guidance and criteria contained within the National Shellfish Sanitation Program publication entitled Guide for the Control of Mol 7: 12-1.3 Scope luscan Shellfish, 2007, incorporated herein by reference, as This chapter describes the procedures for the establishment amended and supplemented, published by the Interstate Shell of areas of restricted shellfish harvest. These procedures in fish Sanitation Conference (209-2 Dawson Drive. Columbia. clude classification of shellfish waters, establishment of Pro SC 29223, (803) 788-7559, www.issc,org in cooperation with hibited areas in the vicinity of wastewater treatment facility the U.S. Food and Drug Administration. Shellfish waters may discharge points. establishment of restricted harvest areas in be classified as Approved. Seasonally Approved. Special the vicinity of marina or boat mooring facilities, creation of Restricted. Seasonal Special Restricted or Prohibited. Classi restricted harvest areas affected by non-point sources of fication of shellfish waters shall be detennined based on the contamination, and establishment of emergency closures or following factors: harvest suspensions due to unpennitted discharges or the I. The ambient bacteriological water quality, for exam presence of marine biotoxins or naturally occurring harmful ple, total colifonn bacteria; algal blooms.

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2. Hydrological characteristics of the area to be classi 7. Any site-specific factors related to (c) 1 through 6 fied, for example, rainfall , freshwater input, tidal exchange. above. flow pattern; (d) The Department shall establish restricted harvest areas 3. Shoreline survey and assessment, for example, loca where water quality is or may be affected by various non tion of pollution sources such as permitted point sources, point sources of pollutants. The restricted harvest areas may non-poin t sources, marinas, docks and other recreational be classified as Prohibited, Special Restricted, Seasonal Spe areas, agricu ltural areas, andlor areas of wild li fe usage, cial Restricted or Seasonally Approved. Factors to be con characteristics of various pollution sources, and land-use sidered by the Department in establishing the restrictions patterns; include the following: 4. Any site-specific factors related to (a)1 through 3 I. The source or potential source of the poll utant; above; and 2. The amount or potential amount discharged from the 5. All growing areas which are not subjected to a san source; itary survey every 12 years shall be classified as prohibited. 3. Hydrodynamics in the vicinity of the source or (b) The Department shall establish areas classi fi ed as Pro probable source; hibited for the harvest of shellfish in waters surrounding wastewater treatment facility discharges. The extent of the 4. Seasonal population changes; and Prohibited area shall be based on the following factors: 5. Any site-specific factors related to (d)1 through 4 I. Polluti on conditions, such as flow rate, sewage treat above. ment facility performance; 2. Dispersion, dilution, andlor time of travel of the pol lutant, for example, currents, volume of water, dir-ection of travel, stratificati on, location of the discharge, tidal charac teristics, and morphology of the receiving water area. 3. Bacteriological decay rate; 4. Adjacent harvest use classification and location of the shellfish resource; 7: 12-1.5 Immediate sbellfish harvest suspensions and 5. Identifiable landmarks for boundaries; and restrictions 6. Any site-specific factors re lated to (b)1 through 5 (a) The Department shall immediately suspend harvest in above. areas impacted by an intermittent poll ution episode or emer gency condition when the event has or may have a deleterious (c) The Department shall establi sh restricted harvest areas impact on public health. Examples of such events include the in the vicinity of marinas and/or boat mooring facilities. The following: wastewater faci lity malfunctions, sewer line restricted harvest areas may be classified as Prohibited, breaks, malfunctioning septic systems, catastrophic storm Special Restricted, Seasonal Special Restricted or Seasonally events, or other hazardous material spills. The Department Approved. The extent of the restricted area shall be based shall consider the following factors in determining the neces upon the following: sity, area extent, and length of such a suspension:

I. The number of slips or mooring facilities; I. The type and quantity of the material spilled or 2. The size of vessels that may be accommodated with discharged; the potential for overboard discharge at the slips or 2. The location of the spill or discharge or naturally mooring facilities; occurring hannful algal blooms; 3. The water depth in the vicinity of the marina or 3. The duration of the spill or discharge or naturally mooring facility; occurring harmful algal blooms; 4. The hydrodynamics of the receiving water in the 4. The proximity to shellfish beds of the spill or dis vicinity of the marina or mooring facility; charge; 5. The estimated bacterial load potentially discharged 5. The hydrographic characteristics of the waterway; to the water from the marlna or mooring facility; ",d 6. Seasonal activity at the marina or mooring facility; 6. Any site-specific factors related to (a)1 through 5 ",d above.

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(b) The Department shall immediately suspend harvest in enter the water. The following agencies or organizations shall any waters that, at the time of sampling, do not meet the be notified: standards for the particular waters' classification. pending the establishment by rulemaking of the appropriate classification I. State enforcement agencies including the NJDEP and boundaries of the waters as prohibited, special restricted, Water Compliance and Enforcement Program and the New seasonal special restricted, seasonally approved or approved Jersey State Marine Police in the area in which the suspen· under this chapter. sion or restriction occurred; 2. The shellfish program in the State Department of (c) The Department shall develop a marine biotoxin con tingency plan to routinely sample shellfish growing water for Health and Senior Services and the health agencies in the marine organisms. The Department shall expand the sampling county in which the suspension or restriction occurred; and analysis of shellfish waters andlor she llfish tissue in the 3. The USFDA; event that phytoplankton that produce various marine bio toxins or naturally occurring harmful algal blooms are iden 4. The USEPA; and tified in a harvest area. The Department shall immediately 5. Members of the Atlantic Coast Shell fish Counc il suspend shellfish harvest in the event that it is determined that andlor the Delaware Bay Shellfish Council. the level of biotoxin present in shellfish meats or the level of naturally occurring harmful algal blooms in the waters of the harvest area is suffic ient to cause a health risk.

I. The factors considered in determining the necessity, extent, and length of such a suspension shall include: i. The concentration of naturally occurring harmfu l algal or biotoxin producing phytoplankton and/or bio toxin levels present; ii. The location of phytoplankton;

111 . The proximity to shellfish beds of the phyto plankton or biotoxin levels; IV. The hydrographic characteristics of the water way; v. Meteorological conditions; and vi. Any site-speci fi c factors related to (c) li through v above. SUBCHAPTER 2. SHELLFISH GROWING WATER (d) The Department shall conduct. in accordance with the CLASSIFICATION-PROHIBITED National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish referenced at NJ.A.C. 7: 12-1.4(a), an 7:12-2.1 Shellfish growing water dassification annual assessment to determine whether the risk of Vibrio Prohibited parahaemolYlicus illness from the consumption of shellfish harvested from shellfish growing waters is reasonably likely (a) The following shell fish growing waters are classified to occur. Based on the resu lts of the risk assessment, the Prohibited: Department shall develop and annuaJly update and implement a Vibrio porahaemoJyticus Management Plan that identifies I. General areas as follows: shellfish growing waters affected by Vibrio parahaemo 1. All lagoons dredged for the purpose of access to Iyticus. The Vibrio parahaemolyticus Management Plan es property andlor the dockage of boats; and tablishes control measures to minimize growth of Vibrio parahaemolyticus in shellfish harvested from those waters, ii. All marinas, anchorages or other places where including restrictions on the hours during which shellfish may docking or mooring facili ties are provided for boats. be harvested. 2. Northern New Jersey area: All the waters lying west (e) The Department shall immediately notify representa and north of Raritan Bay, including the Raritan River, tives of agencies or organizations affected by a harvest Arthur Kill, Kill Van Kull, Newark Bay, Passaic River, suspension or restriction under this section by fax or e-maH. Hackensack River, Upper Bay, Hudson River and tribu Notice of harvest suspension or restriction sha ll be posted in taries thereof. areas where those harvesting she llfish would be likely to

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ENVIRONMENTAL PROTECTION

3. Monmouth Middlesex County area (note that a por direction to its northernmost extent, and then connecting tion is also designated as a Special Restricted area. See this structure with the breakwater (this breakwater or N.J.A.C. 7, 12-3), rockpile forms the northern boundary of the municipal harbor) and following the northern side of the break i. All those waters of the Raritan River, Arthur Kill water in an easterly direction to the breakwater's east (and tributaries), and portions of the Raritan Bay that are ernmost extent, where it is marked by the navigation lying south and west of the New Jersey-New York marker designated as ' Flashing light 4sec 29ft 8M' (FI boundary and lying west ofa line beginning at the New 4sec 29ft 8M) and then bearing approximately 201 de Jersey-New York boundary with coordinates of latitude grees T to the mainland where this line terminates; 40 degrees 28 minutes 51.4 seconds N., longitude 74 degrees 12 minutes 13 seconds W., then bearingapprox viii. All waters west of a line starting from a Depart imately 165 degrees T in a southeasterly direction to ment maintained marker located on the northern shore of ward a point with latitude 40 degrees 27 minutes 24.8 the Navesink River at coordinates latitude 40 degrees 2 1 seconds N., longitude 74 degrees 11 minutes 43.9 minutes 31 .1 seconds N., longitude 74 degrees 4 minutes seconds W., and then proceeding in a westerly direction 5.5 seconds W., then bearing 144 degrees T in a south at approximately 261 degrees T to a point of land with easterly direction to the Department maintained marker latitude 40 degrees 27 minutes 12 seconds N., latitude 74 on the southern shore of the Navesink River near Marine degrees 13 minutes 28.0 seconds W .• and terminating; Park at coordinates latitude 40 degrees 21 minutes 17.6 seconds N., longitude 74 degrees 3 minutes 53.0 seconds ii. All those waters of the Matawan Creek and W., including all of Swimming River, Shadow Lake and Luppatatong Creek south of a straight line connecting a tributaries; and Department maintained marker located on the east shore at coordinates latitude 40 degrees 26 minutes 21.7 sec ix. All waters south ofa line starting from a Depart onds N., and longitude 74 degrees 12 minutes 7.9 sec ment maintained marker located at the tip of land on the onds W., and a Department maintained marker located eastern shore of the river between the mouth of on the west shore at coordinates latitude 40 degrees 26 Manahasselt Creek and the South Shrewsbury River at minutes 29.3 seconds N., and longitude 74 degrees 12 coordinates latitude 40 degrees 19 minutes 41 .0 seconds minutes 26.2 seconds W., and terminating; N., longitude 73 degrees 59 minutes 45.2 seconds W., then bearing 270 degrees T west to a Department iii. All those waters of Raritan Bay and its tributaries maintained marker located on the western bank of the lying south of a line beginning on the northernmost point South Shrewsbury River at coordinates latitude 40 of land on Conaskonk Point (Union Beach) and bearing degrees 19 minutes 41.0 seconds N., longitude 73 approximately 092 degrees T to the northernmost point degrees 59 minutes 57.7 seconds W. of land on Point Comfort (Keansburg) where this line terminates; 4. Sea Girt area: All of Wreck Pond and tributaries thereof. iv. All waters of Pews Creek and tributaries thereof; 5. Manasquan River area (Note: A portion is also v. All waters of Compton Creek and tributaries designated as a Special Restricted area. See NJ.A.C. 7: 12- thereof; 3), vi. All those waters of Raritan Bay and Lower Bay i. All of the Point Pleasant Canal; and enclosed by the New JerseylNew York boundary and a straight line beginning on the southwestemmost point of ii . All of the waters of the Manasquan River and land on Rockaway Point, Long Island, New York and tributaries located north and west of the State Highway bearing approximately 222 degrees T to the northern Route 70 bridge. most point of land on Sandy Hook. New Jersey and then 6. Bay Head and Metedeconk River area (Note: A por in a northwesterly direction for approximately 2.2 nau tion is also designated as a Special Restricted area. See tical miles bearing approximately 331 degrees toward R " 10" 18 FI R4s Bell, (located in New York State waters) N.J.A.C.7"2-3), until it intersects New York State waters at approxi i. All of Twilight Lake and its tributaries including mately latitude 40 degrees 30 minutes 30.2 seconds N. its access channel upstream from where its mouth meets and longitude 74 degrees 2 minutes 21.9 seconds W., Northern Barnegat Bay or Bay Head Harbor; where this line terminates. (Note: This closure adjoins those Prohibited waters defined in (a)20i below); ii. All those waters of Beaverdam Creek and its tributaries west ofa line beginning on the southwestern vii. All those waters enclosed by a line beginning most point of land forming the eastern side of the lagoon where the structure (old ferry pier) forming the western located just west of the westernmost extent of Boat Point extent of the Atlantic Highlands Municipal Harbor (First Drive in Point Pleasant and bearing approximately 174 Avenue, Borough of Atlantic Highlands) and then fol degrees T to navigation marker Flashing Green light "3" lowing the western extent of this structure in a northerly (FL G "3") and then bearing approximately 210 degrees

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SHELLFISH GROWING WATER CLASSIFICATION 7:12-2.1

T to the easternmost point of land on Wardells Neck east Field in Atl antic City and bearing approximately 033 of the easternmost extent of North Drive in Brick degrees T across Beach Thorofare; and Township; and iv. All of an unnamed lagoon at the northwest comer iii. All those waters of the Metedeconk River and its of Lakes Bay. tributaries west of a line beginning on the southeastern II . Great Egg Harbor River (Note: Portions are also most point of land of Wardells Neck east of the east designated as Specia l Restricted and Seasonal. See ernmost extent of South Drive in Brick Township and then bearing approximately 180 degrees T to navigation N.J .A.C. 7: 12-3 and4). marker Flashing Red light "2" (FL R "2") and then i. All Great Egg Harbor River and tributaries up bearing approximately 165 degrees T through navigation stream from a line starting at a Department maintained marker Flashing Green light " I" (FL G "I") to the shore marker at the mouth of Powell Creek and bearing ap· line in West Mantoloking where this line tenninates. proximately 248 degrees T across the river to another 7. Toms River area: All those waters of Toms River Department maintained marker. and tributaries west from a straight line beginning at the · 12. Ocean City area: All of the body of water known as northeastern j un ction of Dillon Creek with the Toms River The Lagoon (location of Coast Guard Station, Ocean City). that has the coordinates of latitude 39 degrees 56 minutes 33 .8 seconds North and longitude 74 degrees 7 minutes 13. Strathmere and Sea Isle City area (Note: Portions are 59.2 seconds West and bearing approximately 167 degrees also designated as Special Restricted and Seasonal. See T to the northern terminus of Anglesea Road at Toms River N.J.A.C. 7: 12-3 and 4): that has the coordinates of latitude 39 degrees 55 minutes i. An area adjacent to the Town of Strathmere in 43 .1 seconds North and longitude 74 degrees 7 minutes shore from a line along the western side of the Ocean 44.4 seconds West. Drive Bridge to the portion that opens, then bearing 8. Tuckerton area (Note: A Portion of Tuckerton Cove approx imately 212 degrees T to the boat ramp at the end is also designated as Seasonal or Special Restricted. See of Bayview Avenue, Strathmere; NJ.A.C. 7:12-4 and 7:12-3 . A Portion of Tuckerton Creek ii . All of the unnamed tributary to the east of Whale is also designated as Special Restricted. See NJ.A.C. 7: 12- Creek; 3): The waters of Tuckerton Creek and tributaries north of a line beginning at a point on the eastern bank of Tuckerton iii. All of Ludlam Thorofare from a line bearing ap Creek just north of Bass Rd. with coordinates of latitude 39 proximately 229 degrees T through Flashing Red light degrees 35 minutes 14.5 seconds N., and longitude 74 350 (FI R 8ft "350") to a line bearing approximately 122 degrees 20 minutes 28 seconds W., and then bearing 315 degrees T through Flashing Red light 8ft 362 (FI R 8ft degrees T for 0.03 nautical miles to a point on the western "362"). side of Tuckerton Creek with coordinates of latitude 39 iv. All ofSunks Creek and tributaries thereof. degrees 35 minutes 15.6 seconds N., and longitude 74 degrees 20 minutes 29.4 seconds W. 14. Avalon area: 9. Brigantine area (Note: Portions are also designated i. All those waters contained within a line from the as Special Restricted and Seasonal. See NJ.A.C. 7:12-3 Avalon Yacht Club proceeding in a southwest direction and 4): across the mouth of Cornell Harbor. then along that shoreline and across the mouth of Pennsylvania Harbor, i. All of Baremore Quarters inside of a line from then continuing along that shoreline and across the the northern end of 10th Street South and bearing ap mouth of Princeton Harbor, then continuing along the proximately 332 degrees T to 470 West Shore Drive and eastern shoreline of Gravens Thorofare to its junction tenninating. with Long Reach, then along the northeast shoreline of 10. Atlantic City area (Note: Portions are also desig Long Reach in a southeasterly di rection ac ross the nated as Special Restricted and Seasona1. See NJ.A.C. mouths of several lagoons, then to the end of 51st Street, 7: 12-3 and 4): Avalon, then along Ocean Drive in a northerly direction, then along 7th Street, Ava lon, to the point of origin at L. All of Clam Creek and contiguous harbors; the Avalon Yacht Club and terminating. ii. All of Inside Thorofare and West Canal; 15. Stone Harbor area (Note: A portion is also

III. All of Beach Thorofare from a line across Beach designated as Seasonal. See NJ.A.C. 7: 12-4): Thorofare bearing approximately 225 degrees T from the I. All the body of water running parallel with Seven eastern side of the mouth of Penrose Canal at itsjunction Mile Beach, not including tributaries; with Beach Thorofare to a line from the northernmost tip of runway number 22 (North-South runway) at Bader ii. All of Oldman Creek;

12-9 Supp. I-3- 11

7:12-2. 1 ENVIRONMENTAL PROTECTION

iii. All ofOysler Creek; proceeding easterly to the northernmost tip of Wishbone Island, then along the shoreline of Wishbone Island to its iv. All of Scotch Bonnet northwest of the line de easternmost point, then proceeding easterly to another fined by two Department maintained markers beginning Department maintained marker on the northernmost tip at the southeast poi nt of the mouth of Mu lfo rd Creek and of Hildreth Meadow. then southwesterly along the bearing approximately degrees 072 T; shoreline of Hildreth Meadow to the eastern end of the v. All of Lud lam Gut; Roule 47 bridge, then northwesterl y along the bridge to the point of origin at the western end of the bridge: vi. All of Muddy Hole; v. All of Tempe Creek and tributaries thereof; vii. All of Stone Harbor Canal; vi . All ofCresse Creek and tributaries thereof; viii. All of Hetty Creek; vii. All of the tributaries of Richardson Sound north ix. All of Crooked Creek; west of the Intracoastal Waterway; x. All of Mulford Creek and the creek connecting it viii. All of Post Creek and Ottens Harbor and tribu with Crooked Creek; and taries thereof; xi. All of Holmes Creek upstream of a line across ix. All of Reubens Thorofare and tributaries thereof; the creek beginning at the first drainage ditch on the ",d north bank inside the creeks' mouth. x. All of Taylor Creek, Jones Creek, Meadow 16. Jenkins Sound Area: Creek, Shell Thorofare and Punyard Creek. i. All of Shell bed Creek; 18. Cape May (Note: A portion is also designated as a ii. All of Slab Creek; Special Restricted area. See N.l A.C. 7: 12-3): iii. All of Back Creek; i. Al l of Upper Thorofare and tributaries thereof; iv. All of Charles Creek; and ii. All of Middle Thorofare and tributaries thereof; v. All of Josh Creek. iii. All of Lower Thorofare and tributaries thereof; 17. The Wildwoods Area (Note: Portions are also desig iv. All of Skunk Sound and tributaries thereof; nated as Special Restricted and Seasonal. See: NJ.A.C. v. All of Cape Island Creek and tributaries thereof; 7: 12-3 and 4): vi. All of Cape May Canal and tributaries thereof; i. All of Grassy Sound Channel and tributaries ",d thereof south of a line defined by Department main tained makers on either shoreline approximately 100 vii. That area of Cape May Harbor described in yards. south of FI R 8ft "459" to a line beginning at a N.lA.C. 7: 1 2~3(a)32i which lies adjacent to the Department mainlained marker at the western end of U.S.C.G. harbor area inshore from a li ne cOlUlecting Aster Street, Wildwood Crest and bearing approximately Flashing Green light Number 5 (FL G 4 sec. "5") with G 290 degrees T to a Department maintained marker on the "9"PA. south end of Ephraims Island. then bearing approxi 19. Delaware Bay area (Note: Portions are also desig mately 240 degrees T to a Department maintained nated as Special Restricted and Seasonal. See NJ.A.C. marker on Shaw Island, then along the shoreline in a 7:12·3 and 4): westerly direction to a Department maintained marker then bearing approximately 273 degrees T across Shaw i. All that portion of Delaware Bay contained Cutoff to a Department maintained marker on the north within a line beginning at the Cape May Poinl Light side of the mouth of Stingaree Creek including all of house (FI 15(s) 165ft 24M) and bearing approximately Richardson Channel and tributaries. Sedge Creek and 336 degrees T to Red Number 8 (FI R 2.5s Bell ) then Stites Creek; bearing approxima tely 054 degrees T to the standpipe al North Cape May and lerminating; ii. All those waters lying between North Wildwood Boulevard and Jenkins Channel and Jenkins Sound, in ii. All of Cox Hall Creek and Fishing Creek; cluding Grave lly Run and Turtle Gut; iii. All of Dias Creek; iii. All of Beach Creek and tributaries thereof; iv. All of the Bidwell Creek upstream of the easterly iv. All of Richardson Sound within a line begilUling side of the Route 47 bridge; at the western end of the Route 47 bridge to a Depart ment maintained marker at the mouth of Gar Creek, then

Supp. 1-3-1 1 12-10

Y. All that portion of Delaware Bay inshore of a 1.0 nautical miles offshore from that point intersection line from the marker (Department maintained) on the approximately 4.99 nautical miles to a point with point of land on the west shore of West Creek and bear· coordinates of latitude 40 degrees II minutes 4 1.0 ing approximately 142 degrees T to the mai nland south seconds N., longitude 73 degrees 59 minutes 8.6 seconds of Goshen Creek and terminating: W., then bearing east at approximately 100 degrees T for 0. 16 nautical miles to a point approximately 1.1 8 nauti ( I) All of Goshen Creek and tributaries thereof; cal miles offshore with coordinates of latitude 40 de (2) All of Dennis Creek and tributaries thereof; grees II minutes 39.2 seconds N., longitude 73 degrees 58 minutes 56. 1 seconds W., then heading in a southerly (3) All of East Creek and tributaries thereof; and direction at approximately 193 T for 0.49 nautical miles (4) All of West Creek and tributaries thereof; to a point with coordinates of latitude 40 degrees II minutes 10.4 seconds N., longitude 73 degrees 59 vi. All of Riggins Ditch and tributaries thereof; minutes 5.2 seconds W., and then bearing west vii. All of Maurice River and trib utaries upstream of approximately 284 T for 0.16 nautical miles to a point a line from the end of Berry Avenue (She llpile) and with coordinates of latitude 40 degrees II minutes 13.0 bearing approximately 214 degrees T across the river to seconds N., longitude 73 degrees 59 minutes 17.2 set: a Department maintained marker and tenninating; and onds W., then proceeding in a southerly direction at a distance of 1.00 nautical miles offshore from that point viii. All of Cohansey River and tributaries upstream of intersection for approximately 2.36 nautical miles to a of a line from QG 24ft 5M "1" and bearing approxi· point wi th coordinates of latitude 40 degrees 8 minutes mately 097 degrees T across the mouth, to a Department 54.89 seconds N., longitude 74 degrees 0 minutes 0 maintained marker and terminating. seconds W., until it intersects a line beginning at the water tank located on 509 Monmouth Avenue, Borough 20. All of the New Jersey portion of the Delaware River of Spring Lake, with coordinates of latitude 40 degrees and tributaries thereof lying northwest of a straight line 08 minutes 48 seconds N., longitude 74 degrees 2 beginning at the southern dome (Salem Nuclear Power minutes 12 seconds W., and bearing approximately 085 Plant) and bearing approximately 230 degrees T towards degrees T through the dome of the Essex·Sussex Hotel, the point of land, on the southem shore, at the mouth of 700 Ocean Avenue, Borough of Spring Lake, with Blackbird Creek. coordinates of latitude 40 degrees 8 minutes 48 seconds 2 1. Atlantic Ocean: N .• longitude 74 degrees 2 minutes 30 seconds W.o then proceeding from that point of intersection in a easterly i. All of the ocean waters east of a line connecting direction along that line towards the above noted dome the northemmost point of Sandy Hook and the until it is approximately 0.5 nautical miles directly off· southwestem most point of Rockaway Point and south of shore, then continuing in a southerly direction approxi the New York State line and extending to and following mately 0.5 nautical miles offshore for approximate ly the New Jersey three nautical mile jurisdiction limit in a 3.90 nautical miles to a point with coordinates of latitude southerly direction until it intersects a line bearing 40 degrees 5 minutes .9 seconds N., longitude 74 approximately 270 degrees T connecting a point with degrees I minute 39.07 seconds W., then bearing ap coordinates of latitude 40 degrees 23 minutes 38.58 proximately 280 degrees T (reciprocal 100 degrees T) seconds N .• longitude 73 degrees 54 minutes 35.15 toward the water tank located next to the junction of seconds W., then along that li ne in a westerly direction New York A venue and the Con Rail Railroad tracks, for approximately 1.3 nautical miles to a point with Borough of Point Pleasant Beach, with coordinates of coordinates of latitude 40 degrees 23 minutes 38.99 latitude 40 degrees 5 minutes 10.6 seconds N., longitude seconds N., longitude 73 degrees 56 minutes 15.98 74 degrees 2 minutes 49. 1 seconds W., to a point with seconds W., then bearing approximately 183 degrees T coordinates of latitude 40 degrees 5 minutes 4.44 and continuing in a southerly direction for approxi seconds N., longitude 74 degrees 2 minutes 4.96 seconds mately 7.2 nautical miles to a point with coordi na tes of W., then in a southerly direction approximately 1,000 latitude 40 degrees 16 minutes 34.36 seconds N., feet offshore to a point with the coordinates of latitude longitude 73 degrees 56 minutes 56.45 seconds W., then 40 degrees 2 mi nutes 39.08 seconds N., longitude 14 bearing approx imately 270 degrees T toward the spire degrees 2 minutes 35.39 seconds W., then bearing located at the northwest comer of Lake Drive and Ocean approximately J02 degrees T to a point at latitude 40 A venue, City of Long Branch, with coordinates of lati· degrees 2 minutes 24.36 seconds N., longitude 74 de tude 40 degrees 16 minutes 39.7 1 seconds N.,longit ude grees 0 minutes 0 seconds W., then in a southerly 73 degrees 59 minutes 10.21 seconds W., to a point direction to a point at latitude 40 degrees I minute 18.70 approximately 1.0 nautical miles offshore with the coor seconds N., longitude 74 degrees I minute 14.39 sec dinates of latitude 40 degrees 16 minutes 36.38 seconds onds W., then bearing approximately 282 degrees T to N., longitude 73 degrees 57 minutes 44.97 seconds W., the shore at latitude 40 degrees 1 minute 36.58 seconds then proceeding in a southerl.y direction approximately N.,longitude 74 degrees 3 minutes 7.39 seconds W., and

12·1 1 Supp. 1·3-11

terminating. TIlis closure adjoins those Prohibited waters degrees, 26 minutes 22.6 seconds West; thence in a in (a)3v above and those Special Restricted waters southeasterly direction bearing approximately 148 defined in NJ.A.C. 7:12-3 .2; degrees T for approximately 1.75 nautical miles to a point with the coordinates of latitude 39 degrees 19 ii. (Reserved); minutes 15.4 seconds North, longitude 74 degrees 25 III. All of the Ocean waters inshore of a line begin minutes 20.0 seconds West; then proceeding in a ning at the water tank located on the comer of Barnegat southwesterly direction parallel to the coastline, Avenue and 12th Avenue , Borough of Seaside Park, approximately 242 degrees T, for approximately 1.57 with coordinates of latitude 39 degrees 54 minutes 52.4 nautical miles to a point with the coordinates of 39 seconds N.o longitude 74 degrees 4.0 minutes 57.7 degrees 18 minutes 32.2 seconds North, longitude 74 seconds W.o and bearing approximately 096 degrees T to degrees, 27 minutes 7.6 seconds West; thence 2.05 a point approximately 1.5 nautical miles from the shore nautical miles in a northwesterly direction bearing line with coordinates of latitude 39 degrees 54 minutes approximately 335 degrees T toward the southwestern 40.0 seconds N., longitude 74 degrees 02 minutes 36.4 comer of a brown apartment building (Oxford Avenue seconds West. The line continues fTom this point parallel and the beach, City of Ventnor) to a point with the to the shoreline in a southerly direction 1.5 nautical coordinates of latitude 39 degrees, 20 minutes 18.1 miles offshore for approximately 1. 1 nautical miles to a seconds North, longitude 74 degrees, 28 minutes 23 .9 point with coordinates of latitude 39 degrees 53 minutes seconds West and terminating. 35 .1 seconds N., longitude 74 degrees 02 minutes 42.2 vi. All of the ocean waters inshore of a line seconds W.o then bearing approximately 276 degrees T beginning at the base of the jetty located on the beach (reciprocal 096 degrees T) for approximately 1.6 near the intersection of Seaspray Road and Waverly nautical miles to the cupola located on top of Island Boulevard, City of Ocean City (first stone jetty pro Beach State Park's Maintenance Center (the old Coast jecting into Great Egg Harbor Inlet on the northeastern Guard Station 110), with coordinates of latitude 39 most end of the city), and continuing along that jetty in a degrees 53 minutes 44.6 seconds N., longitude 74 southeasterly direction to its outermost tip, then in a degrees 04 minutes 54.1 seconds W., and tenninaling; general southerly direction, the line continues and con iv. All of the ocean waters inshore of a line nects the tips of the stone jetties projecting into the beginning at the waler tank located on 813 Boulevard, ocean unt il reaching the tip of the stone jetty located at Borough of Surf City, with coordinates of latitude 39 the end of the 15th Street Gust south of the Ocean City degrees 39 minutes 37.39 seconds N., longitude 74 de Fishing Club Pier), then bearing approximately 230 grees 10 minutes 3.71 seconds W., and bearing approx degrees T for approximately 2.8 nautical miles to the imately 120 degrees T for approximately 1.5 nautical water tank located at 4600 Haven Avenue (46th Street miles from the shoreline to a point with coordinates of intersects across from this location), Ocean City, with latitude 39 degrees 38 minutes 47.8 seconds N. , coordinates of latitude 39 degrees 14 minutes 5.8 sec longitude 74 degrees 8 minutes 12.1 seconds W., then onds N., longitude 74 degrees 37 minutes 24.9 seconds from this point which is approximately 1.5 nautical W., and terminating; miles offshore, the line runs parallel to the shoreline in a vii. All of the ocean waters inshore of a line southerly direction for approximate ly 1.2 nautical miles beginning at the beach front opening for 43rd Street, to a point with coordinates of latitude 39 degrees 37 Ocean City, with coordinates of Latitude 39 degrees 14 mioutes 46.6 seconds N., longitude 74 degrees 9 minutes minutes 21.5 seconds N., Longitude 74 degrees 37 7.0 seconds W.o then bearing approximately 300 degrees minutes 12.1 seconds W., which is the fourth beach ITont T for approximately 1.7 nautical miles to the wa ter tank street opening north of the water tank located at 4600 located on 112 West 17th Street, Borough of Ship Haven Avenue (46th Street intersects across from this Bonom, with coordinates of latitude 39 degrees 38 location), Ocean City, with coordinates of latilUde 39 minutes 39.5 seconds N., longitude 74 degrees 10 degrees 14 minutes 30 seconds N., longitude 74 degrees minutes 52.5 seconds W., and terminating; 37 minutes 28.7 seconds W., and bearing approximately v. All the ocean waters inshore of a line beginning 126 degrees T for approximately 1.5 nautical miles ITom at the light charted as FI G 4 sec 29 ft 6M (7) at the end the shoreline to a point with coordinates of latitude 39 of Absecon Inlet's southwest jetty and bearing degrees 13 minutes 41.5 seconds N., longitude 74 approximately 230 degrees T for 2.26 nautical miles degrees 35 minutes 2 1. 5 seconds W., then bearing until it intersects a line bearing approximately 155 approximately 2 16 degrees T along the shoreline in a degrees T from the northeast corner of Trop World southwesterly direction 1.5 nautical miles (JITshore, for Cas ino (Brighton Avenue and the Boardwalk, Atlantic approximately 1.1 nautical miles to a point with City) at a point located approximately 0.64 nautical coordinates of latitude 39 degrees 12 minutes 40.9 miles offshore with the coordinates of latitude 39 seconds N., longitude 74 degrees 36 minutes 17.6 degrees, 20.0 minutes 32.3 seconds North, longitude 74 seconds W., then bearing approximate ly 306 degrees T for approximately 1.6 nautical miles to the belfry on top

Supp. 1-3-11 12-12

of the Union Chapel By-the-Sea on the comer of 55th southeasterly direction to its outermost tip. then bearing Street and Asbury Avenue, Ocean City, with coordinates approximately 147 degrees T for approximately 0.36 of latitude 39 degrees 13 minutes 39.7 seconds N., nautical miles towards a point with coordinates of lati longitude 74 degrees 38 minutes 6.25 seconds W., and tude 38 degrees 59 minutes 54 seconds N., longitude 14 terminating; degrees 41 minutes 12.0 seconds W. then bearing ap proximately 223 degrees T (reciprocal 43 degrees 1) in a viii. All of the ocean waters inshore of a line southwesterly direction along a line for approximately beginning at the base of the jetty located on the beach at 2.8 nautical miles until it intersects a line bearing ap the end of 78th Street, City of Sea Isle City, and proximately 130 degrees T from the standpipe located on continuing along that jetty in a southeasterly direction to the comer of Park Boulevard and Myrtle Road, Borough its outermost tip, then, in a general southerly direction, of Wildwood Crest at a point approximately 0.4 nautical the line continues and connects the outermost tips of the miles from the shoreline with coordinates of latitude 38 jetties located at the street ends of 83rd and 88th Streets, degrees 51 minutes 49 seconds N .• longitude 74 degrees City of Sea Isle City, then along the 88th Street jetty to 49 minutes 24 seconds W. Then proceeding in a south the shore and terminating; easterly direction along that line to a point approxi ix. All of the ocean waters inshore of a line begin mately 1.4 nautical miles from the shoreline with coordi ning at the water tank located on the comer of 13th nates of latitude 38 degrees 57 minutes 12.0 seconds N., Street and Dune Drive, Borough of Avalon, with coor longitude 14 degrees 48 minutes 26 seconds W .• then dinates of latitude 39 degrees 06 minutes 21.6 seconds proceeding parallel to the shoreline in a southwesterly N., longitude 74 degrees 42 minutes 47.9 seconds W., direction 1.4 nautical miles offshore for approximately and bearing approximately 127 degrees T for 2.5 nautical miles to a point with coordinates of latitude approximately 1.5 nautical miles from the shoreline to a 38 degrees 55 minutes 19.6 seconds N .• longitude 14 de point with coordinates of latitude 39 degrees 05 minutes grees 50 minutes 35.5 seconds W.,then bearing approxi 18 seconds N., longitude 74 degrees 40 minutes 58.7 mately 313 degrees T (reciprocal 133 degrees n for ap· seconds West. The line continues from this point along proximately 1.2 nautical miles to the light noted above at the shoreline in a southerly direction 1.5 nautical miles the end of the eastern jetty of Cape May Inlet then along offshore for approximately 1.1 nautical miles to a point that jetty to the shore and terminating; with coordinates of latitude 39 degrees 04 minutes 22.1 xii. All of the ocean waters inshore of a line begin seconds N .. longitude 74 degrees 41 minutes 53 .1 sec ning at the base of the western jetty of Cape May Inlet onds W., then bearing approximately 301 degrees T and continuing along that jetty in a southeasterly direc (reciprocal 127 degrees T) for approximately 1.7 nauti tion to the light at the end of the jetty charted as FI G 4 cal miles to the water tank located on the comer of 38th sec 20 ft 1M5 then bearing approximately 295 degrees T Street and Dune Drive, Borough of Avalon, with coordi (reciprocal 115 degrees T) to the water tarue located on nates of latitude 39 degrees 05 minutes 26.1 seconds N., the United States Coast Guard Training Center. City of longitude 14 degrees 43 minutes 40.1 seconds W., and Cape May, with coordinates of latitude 38 degrees 56 terminating; minutes 46.9 seconds N., and longitude 74 degrees 53 x. All of the ocean waters inshore of a line begin minutes 34.6 seconds W., and terminating; ning at the east end of the Windrift Motel Building lo xiii. All of the waters of the Cold Spring Inlet Hopper cated on the beach between 79th and 80th Streets, and Bucket Dredge Disposal Area contained within a Borough of Avalon, and bearing approximately 176 line beginning at an offshore point with coordinates of degrees T to the outermost tip of the jetty located at the latitude 38 degrees 55 minutes 56.9 seconds N., and end of 84th Street, Borough of Stone Harbor, then pro longitude 14 degrees 53 minutes 7.3 seconds W., and ceeding in a southwesterly direction. the line continues bearing approximately 156 degrees T for approximately and consecutively connects the tips of the stone jetties 0.35 nautical miles to a point with coordinates of latitude located at the end of 92nd, 98th, 106th, lilth, and 1 14th 38 degrees 55 minutes 38.8 seconds N., and longitude 74 Streets. Borough of Stone Harbor, then bearing approxi degrees 52 minutes 51 .5 seconds W .. then bearing ap mately 262 deg.rees T for approximately 0.2 nautical proximately 248 degrees T for approximately 0.5 nauti miles to the cupola on top of the American Legion Post cal miles to a point with coordinates of latitude 38 331 Building, 11 6 17 Second Avenue, Borough of Stone degrees 55 minutes 28.8 seconds N., and longitude 74 Harbor, with coordinates of latitude 39 degrees 2 min degrees 53 minutes 34.3 seconds W .• then bearing ap utes 23 .3 seconds N., longitude 74 degrees 46 minutes proximately 332 degrees T for approximately 0.3 nauti 10 seconds W .• and terminating; cal miles to a point with coordinates of latitude 38 xi. All of the ocean waters inshore of a line begin degrees 55 minutes 47 seconds N. , and longitude 74 ning at the base of the groin located on the beach near degrees 53 minutes 43 seconds W., then bearing ap· the intersection of Ocean Avenue and 2nd Avenue, Cil)' proximately 66 degrees T for approximately 0.5 nautical of North Wildwood, and continuing along that groin in a miles to its point of origin and terminating; and

12-13 Supp. 1-3-11

xiv. All those waters inshore of a line beginning at the water tank located on the United States Coast Guard Training Center, City of Cape May, with coordinates of latitude 38 degrees 56 minutes 44.6 seconds N., and longitude 74 degrees 53 minutes 35.8 seconds W., and bearing approximately 151 degrees T for approximately 0.25 nautical miles from the shoreline to a point with coordinates of latitude 38 degrees 56 minutes 11.8 sec onds N., and longitude 74 degrees 53 minutes 9.4 sec onds W., then parallel along the shoreline in a westerly direction, 0.25 nautical miles offshore, for approxi mately 2.4 nautical miles to a point with coordinates of latitude 38 degrees 55 minutes 28.5 seconds N., longi tude 74 degrees 56 minutes 3.6 seconds W., then bearing approximately 356 degrees T (reciprocal 176 degrees T) for approximately 0.2 nautical miles to the southern tip of Third A venue groin located at the western end of Beach Avenue, City of Cape May, then along that groin to the shore and tenninating.

7:12-2.2 Use of shellfish grown in waters classified as Prohibited for human consumption Shellfish grown in waters classified as Prohibited may not be utilized for human consumption except under conditions as may be established by the ISSC.

SUBCHAPTER 3. SHELLFISH GROWING WATER CLASSIFICATION- SPECIAL RESTRICTED

7:12-3.1 Use of shellfish grown in waters classified as Special Restricted for human consumption Shellfish grown in waters classified as Special Restricted may be utilized for human consumption only pursuant to a special penni! issued by Department under NJ.AC. 7: 12-9.

Supp. 1-3-11 12-14

7:12-3.2 Shellfish growing waters that are classified as this structure in a southerly direction to the mainland, then Special Restricted following the shoreline in a generally northwesterly direc tion to the northernmost point of land on Point Comfort (a) The following shellfish growing waters are classified (Keansburg). then bearing approximately 272 degrees T to as Special Restricted: the northernmost point of land on Conaskonk Point (Union I. All those waters contained within a line beginning Beach), its point of origin. on the northernmost point of Conaskonk Point, latitude 40 2. Shrewsbury River and Tributaries (not including the degrees 27 minutes 31.99 seconds N., longitude 74 degrees Navesink River). (Note: Portions are also designated as 10 minutes 44 .50 seconds W., near Union Beach, New Prohibited or Seasonal. See NJ.A.C. 7: 12-2 and 4.) Jersey and continuing in a southwesterly direction along the coastline to a Department maintained marker at latitude i. All waters south from the northernmost edge of 40 degrees 26 minutes 21.7 seconds N., longitude 74 de the Route 36 Highway Bridge to the southernmost edge grees 12 minutes 7.9 seconds W., then bearing 300 degrees of the Route 520 Highway Bridge. T across the mouth of Matawan Creek to a Department ii. All waters east of a line beginning at the south maintained marker at latitude 40 degrees 26 minutes 29.3 eastern bascule of the Route 520 Highway Bridge and seconds N., longitude 74 degrees 12 minutes 26.2 seconds proceeding in a southerly direction along a line con W., then continuing along the shoreline in a northwesterly necting the westernmost ends of the docks on the eastern direction to a point of land at latitude 40 degrees 27 shore of the Shrewsbury River to the northernmost minutes 12 seconds N., latitude 74 degrees 13 minutes 28.0 corner of the abutment at the western end of Center seconds W., then bearing approximately 80 degrees T, until Street, Sea Bright, thence in a southwesterly direction to it intersects a line at latitude 40 degrees 27 minutes 24.8 the northeastern corner of Gunning Island at coordinates seconds N., longitude 74 degrees II minutes 43 .9 from the latitude 40 degrees, 21 minutes, 31 seconds North and tank: between Keyport and Union Beach, New Jersey at longitude 73 degrees, 58 minutes, 41.4 seconds West, latitude 40 degrees 26 minutes 31.16 seconds N., longitude thence in a southerly direction along the coastline of 74 degrees II minutes 25.18 seconds W., bearing approxi Gunning Island to the southeastern comer of Gunning mately 345 degrees T to the Iso G 6 sec 80 foot tower at Island at coordinates latitude 40 degrees, 21 minutes, latitude 40 degrees 30 minutes 27.82 seconds N.,longitude 24.9 seconds North and longitude 73 degrees, 58 min 74 degrees 12 minutes 47 .94 seconds W., at Red Bank, utes, 39.7 seconds West, thence in a southerly direction Staten Island, New York, until it intersects the New York to the eastern end of Sedge Island at coordinates latitude New Jersey boundary at latitude 40 degrees 28 minutes 40 degrees, 21 minutes, 13.2 seconds North and longi 51.4 seconds N., longitude 74 degrees 12 minutes J3 tude 73 degrees, 58 minutes, 35.4 seconds West, thence seconds W., then along that boundary in an easterly in a southerly direction along the coastline of Sedge direction until it intersects the Chapel Hill South Channel Island to the southern comer of Sedge Island at coordi at approximately latitude 40 degrees 30 minutes 30.20 sec nates latitude 40 degrees, 21 minutes, 10.4 seconds onds N., and longitude 74 degrees 2 minutes 22.03 seconds North and longitude 73 degrees, 58 minutes, 36.9 sec W., Gust south of R " 10" 18 FI R4s Bell, located in New onds West, thence in a southwesterly direction to the York State waters), thence in a southeasterly direction at a northeastern corner of an unnamed island at coordinates bearing of 151 degrees T to the northernmost tip of Sandy latitude 40 degrees, 20 minutes, 56.4 seconds North and Hook, approximately latitude 40 degrees 28 minutes 39.57 longitude 73 degrees, 58 minutes, 49.8 seconds West, seconds N., and longitude 74 degrees I minute 4.02 sec thence in a southeasterly direction along the shoreline of onds W., lIlen proceeding in a generally southerly direction the island to the southwestern comer of the island at following lIle western shoreline of Sandy Hook to the coordinates latitude 40 degrees, 20 minutes, 34.1 sec westernmost extent of the Rt. 36 highway bridge spanning onds North and longitude 73 degrees, 58 minutes, 54 the Shrewsbury River and then following the northern edge seconds West, thence in a southwesterly direction to a of that bridge to where it intersects the shoreline on lIle Department maintained marker at coordinates latitude 40 mainland and then following lIle shoreline in a generally degrees, 20 minutes, 27. I seconds North and longitude northwesterly direction until it intersects a line bearing 73 degrees, 59 minutes, 4.0 seconds West, and termi approximately 20 I degrees T from the navigational marker nating. designated as Flashing light 4 second 29ft 8M (FI 4 sec 29ft 8M) marking the easternmost extent of the Atlantic iii. All waters west of a line beginning at the Highlands Municipal Yacht Basin's breakwater (lIlis stone southwestern bascule of the Route 520 Highway Bridge pile fonns the basin's northern boundary), and then along and proceeding in a southerly direction along a line that line in a northerly direction to the marker designated as connecting the eastern end of the docks protruding into a Flashing light 4 second 29ft 8M and following the the Shrewsbury River to the mouth of Oyster Bay, northern side of the breakwater in a westerly direction until thence in a westerly direction across the mouth of Oyster it reaches the structure forming the western boundary of Bay, thence in a southwesterly direction along the the Yacht Basin, and then following the western edge of shoreline to a Department maintained marker at coordi-

12-15 Supp. 1-3-11

nates latitude 40 degrees, 21 minutes, 12.9 seconds along the shoreline to Broad Thorofare, thence in a south North and longitude 73 degrees, 59 minutes, 31 .5 easterly direction to the southeasternmost tip of NW Point seconds West, and terminating. Island, then along the southern shore to a Department maintained marker on the southwestern tip of NW Point iv, All waters west of a straight line connecting a Island, then bearing approximately 145 degrees T to the Department maintained marker at coordinates latilUde 40 east tip of the two islands ofT Ocean Beach. continuing degrees, 21 minutes, 12.9 seconds N., and longitude 73 along the east shore of that island to its southernmost point, degrees. 59 minutes, 31 .5 seconds W., and a Department then bearing approximately 200 degrees T to Flashing maintained marker at coordinates latitude 40 degrees, 20 Green light " II " (FI G " II ") off West Point Island, then minutes. 27. 1 seconds N., and longitude 73 degrees. 59 bearing approximately 217 degrees T to Quick Green light minutes, 4.2 seconds W., excluding all waters south ofa (QG "29") then bearing approximately 158 degrees T to line starting from a Department maintained marker 10· the westernmost point of land on Pelican Island, then cated at the tip of land on the eastern shore of the river bearing approximately 129 degrees T to Flashing Green between the mouth of Manahassett Creek and the South light "3 " (FI G "3") marking the channel to Seaside Shrewsbury River at coordinates latitude 40 degrees 19 Heights, then bearing approximately 170 degrees T to the minutes 41 .0 seconds N .• longitude 73 degrees 59 min· southwest comer of the bulkhead west of the Berkeley utes 45.2 seconds W., th en bearing 270 degrees T W., to Yacht Basin, then bearing 174 degrees T to the western end a Department maintained marker located on the western of the municipal pier off 5th Avenue in Seaside Park then bank of the South Shrewsbury River at coordinates bearing approximately 210 degrees T to the western end of latitude 40 degrees 19 minutes 41.0 seconds N., longi· the municipal pier off 14th Avenue in Seaside Park, then tude 73 degrees 59 minutes 57.7 seconds W. bearing approximately 186 degrees T to the next point of 3. All waters ofthe Navesink River and tributaries west land, then bearing approximately 178 degrees T and of the Oceanic Bridge and a line starting from a Depart tenninating at the next point of land at Island Beach State ment maintained marker located on the northern shore of Park. the Navesink River at coordinates latitude 40 degrees 21 8. Barnegat Bay-Brkk Township and Dover Township minutes 31 .1 seconds N., longitude 74 degrees 4 minutes from Swan Point to Toms River (Note: A portion is also 5.5 seconds W., then bearing 144 degrees T in a southeast designated Seasonal. See N.J.A.C. 7: 12--4.): erly direction to the Department maintained marker on the southern shore of the Navesink RiVer near Marine Park at i. All those waters of the small unnamed creek just coordinates latitude 40 degrees 21 minutes 17.6 seconds north of Havens Cove, west from a straight line across N., longitude 74 degrees 3 minutes .53 .0 seconds W. the mouth of said creek beginning at the point of land on the south bank (forming its mouth) and bearing approxi 4. All of Shark River and tributaries. This closure mately 033 degrees T toward the mouth of a small adjoins those Prohibited waters defined in N.J.A.C. 7: 12- lagoon along the north bank; 2. 1(.)20;. Ii. All of Ken Ie Creek and tributaries north and west 5. All of Manasquan River and tributaries located south from a straight line beginning at the westernmost end of and east of the State Highway Route 70 bridge to its union Long Point Island at coordinates latitude 40 degrees 0 with the Atlantic Ocean at the Manasquan Inlet (See minutes North and longitude 74 degrees 6 minutes 4.7 N.J.A.C. 7,12-2). seconds West and bearing approximately 270 degrees T 6. Bay Head and Mantoloking area: All those waters of to the northernmost point on Green Island with Northern Barnegat Bay and tributaries north of a straight coordinates latitude 40 degrees 0 minutes North and line beginning at the southwestern abutment of the longitude 74 degrees 6 minutes 26.2 seconds West and Mantoloking Bridge (County Route 528) with coordinates tenninating; latitude 40 degrees 2 minutes 25.4 seconds North and iii . All those waters of Silver Bay and its tributaries longitude 74 degrees 3 minutes 23.4 seconds West and west of a straight line beginning at the southernmost continuing along the southern edge of the bridge to the point of land on Andrew Point (Green Island) and bear southeastern abutment of the bridge with coordinates of ing approximately 202 degrees T and terminating at a latitude 40 degrees 2 minutes 24.9 seconds North and Department maintained marker on Canus Island Parle longitude 74 degrees 3 minutes 17.7 seconds West where (Ocean County) with coordinates of latitude 39 degrees this line terminates. 59 minutes 41.0 seconds North and longitude 74 degrees 7. Island Beach areas: Mantoloking to Berkeley Town 6 minutes 54.7 seconds West and tenninating; ship (Note: A portion is designated Seasonal. See NJ .A.C. iv. All the waters of Applegate Cove south and west 7:12--4): All those waters of Barnegat Bay and its tribu of a straight line beginning on Tilton Point and bearing taries east of a line beginning on the northernmost tip of approximately 334 degrees T, to the easternmost point of Chadwick Island across Middle Thoro to the northeastern land on the northern shore of Applegate Cove; and ti p of Middle Sedge Island, thence in a southerly direction

Supp. I-3-11 12-16

v. All those waters of Shelter Cove west from a ii. Cedar Creek to Laurel Harbor area: All those stl1light line connecting the points of land at its mouth, waters west of a line beginning at the bulkhead (located then all those waters west and north of a line from the on the northeasternmost point of land at the mouth of southernmost point of land at the mouth Shelter Cove Cedar Creek) located on the southeasternmost extent of and bearing approximately 145 degrees T to Flashing Berkeley Island Park (Ocean County Park System) and Red 4s "2S" then bearing approximately 18 1 degrees T bearing approximately 16 1 degrees T to the northeast toward Good l.uck Point and terminating at its point of ernmost point of land on the unnamed island located just intersection with the Mathis Bridge. connecting the east of Laurel Harbor, and then following the eastern mainland with Pelican Island; the southern boundary of shoreline of this island in a southerly direction to the th is condemned area shall follow said bridge in a southernmost extent of this island, and then bearing westward di rection and terminate at its connection with approximately 207 degrees T to the Department main the mainland shore. The bridge is a common boundary tained marker located on the northernmost point of land line with (a)9 below. on the mainland (located at the northeastern extent of Laurel Boulevard in Lacy Township) and then following 9. Toms River area: All of those waters forming the the shoreline in a southerly direction, and then westerly mouth of Toms Ri ver west from a straight line beginning at to the southernmost extent of land in Laurel Harbor Good l.uck Point and bearing approximately 353 degrees T (located at the southwesternmost extent of l.aurel Boule toward the most easterly point of land at Windsor Park vard in Lacy Township and then bearing approximately (north of the Mathis Bridge), and terminating at its point of 229 degrees T to the unnamed point of land that forms intersection with the Mathis Bridge; the northern boundary the southeastern bank at the mouth of the Laurel Harbor of Ihis condemned area shall follow said bridge in a lagoon complex where it terminates. This condemnation westward direction 10 its connection with the mainland includes all waters of Cedar Creek and its tributaries as shore, thence along the shoreline to the northeastern well as wa ters comprising the Laurel Harbor lagoon junction of Dillon Creek with the Toms Ri ver that has the complex; and coordinates of latitude 39 degrees 56 minutes 33 .S seconds North and longitude 74 degrees 7 minutes 59.2 seconds iii. All those waters west (upstream) from a li ne West and bearing approximately 167 degrees T to the beginning at the northernmost point of land, on Ihe northern terminus of Anglesea Road at Toms River that has southern bank. that helps form the cove at the mouth of the coordinates of latitude 39 degrees 55 minutes 43.1 the southern lagoon complex adjacent to the community seconds North and longitude 74 degrees 7 minutes 44.4 of Sunrise Beach and bearing approximately 335 degrees seconds West. (Note: This designation adjoins the T to the northeastemmost telephone/electric pole (3MV, Proh ibited waters described in NJ.A.C. 7: 12-2.I(a)7.) BT 36) on Capstan Drive (Sunrise Beach commun ity), then from this pole, across the mouth of Stouts Creek, 10. Barnegat Bay-Berkeley Township area, Toms River bearing approximate ly 352 degrees T and terminating at to Potter Creek: All waters of Barnegat Bay and its the small point of land on the west bank of a small tributaries (including all of Potter Creek) west of a line unnamed creek along the opposite (northern) shore of beginning on the north bank of the entrance to Good Luck Stouts Creek. Point Marina (at Good Luck Point) then proceeding along the offshore ends of the piers in a southerly direction to the 12. Western Barnegat Bay Forked River to Conklin eastern and of Barnegat Pier, then bearing approximately Island. (Note: A portion is designated as Seasonal. See 215 degrees T to Quick Green "38" north of Berkeley N.J .A.C. 7' 124} Shores, then bearing approximately 221 degrees T to and 1. All waters of Forked River and its tributaries tenninating at the most easterly point of land on the south west ofa line beginn ing on the easternmost point of land bank of Potter Creek. immediately north of Forked River (approximate loca II . Barnegat Bay-Berkeley Township, Potter Creek to tion: latitude 39 degrees 49 minutes 38 seconds N., Sunrise Beach (Note: A portion is also designated as longitude 74 degrees 9 minutes 38 seconds W.) and Seasonal. See N.J.A.C. 7: 12-4): bearing approx imately 167 degrees T to the easternmost point of land on the southern bank at the mouth of i. Potter Creek to Cedar Creek area: All those Forked River; waters west of a line beginning at the easternmost point of land (directly east of the terminus of Island Drive, ii. All of Oyster Creek; and Berkeley Township) on the south bank of Potter Creek III. All waters west and south (including all waters of (this point of land coincides with that descri bed in (a) 10 Double Creek) beginn ing at the easternmost exlent of the above) and bearing approximately IS2 degrees T to the bulkhead (Flashing Red light "2") located along the northernmost point on the pier located on the north shoreline of the Barnegat Public Dock and bearing ernmost point of land at Berkeley Island Park (Ocean approx imately ISO degrees T to the northernmost point County Park System); ofland on the northwest peninsula on Conklin Island.

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7: 12-3.2 ENVIRONMENTAL PROTECTION

13 . Barnegat Bay- Little Egg Harbor and Long Beach 15 . Cedar Run area. (Note: A portion is designated as Island area; Barnegat Light to Holgate (Note: A portion is Seasonal. See NJ.A.C. 7: 12-4): also designated as Seasonal. See NJ.A.C. 7: 12-4): i. All of Cedar Run Cove, Creek and Tributaries i. An area adjacent to the Borough of Barnegat north and west (upstream) of a straight line beginning at Light inshore from a line connecting jetties and/or pier Horse Point and bearing approx imately 037 degrees T to ends along the shore (not including the main inlet a point of land on the opposite side of the cover. jetties). The line extends from the end of the small jetty immediately adjacent (west) to the Barnegat Lighthouse ii. All those waters of Channel Creek and tributaries (Aband Lt HO), and continues along that shoreline in a north and west of a line beginning on the southernmost general southwesterly direction to the entrance of the point of land on Horse Point and bearing approximately 267 degrees T to a Department maintained ma rker first man-made boat harbor or lagoon currently named Lighthouse Marina, then all of those waters south and located on the western shore. east of a line beginning at the point formed on the 16. Westecunk Creek Area: northern bank at the entJance to this boat harbor or la goon and bearing approximately 227 degrees T directly i. All those waters of Dinner Point Creek north and through light .. , " (FI "I") to its terminus on the High Bar west of a line connecting two Department maintained Peninsula; markers (approximate bearing from the northernmost to southernmost marker 057 degrees T) at its mouth where ii. All of Harvey Cove north and east of a straight it empties into Little Egg Harbor Bay (The southernmost line drawn across its entrance from the point of land Department maintained marker coincides with that fanning its mouth on the southernmost bank and bearing utilized in NJ.A.C. 7: 12-3.2(a)16ii below.); and approximately 0 I 0 degrees T to a point of land on the northern bank; and ii. All those waters of Westecunk Creek and tributaries west of a line beginning at Flashing light 4 iii. All those waters of the tributaries or creeks of second 10 ft " I" (Fl 4sec lOft " I") and bearing approxi Cedar Bonnet Island north of Route 72 (Manahawkin mately 006 degrees T to a Department maintained Causeway) enclosed by a line beginning on the marker located on the northern bank of Westecunk eastemmost bank at the mouth of the easternmost creek Creek at its mouth. or tributary and then bearing approximately 270 degrees T to the western bank at the mouth of this tributary, and 17. All of Parker Run and its tributaries west (upstream) then following the shoreline easterly to the next from a straight line across the creek between the peak of tributary, creek, or lagoon's mouth, where it bears the Ocean County pavilion on the north bank and bearing approximately 270 degrees T to the western bank of this approximately 140 degrees T to navigational aid Flashing body of water where it tenninates. Green light number " I" (FI G " I") on the south bank. 14. Manahawkin Bay, Mall8J"d Island, Beach Haven 18. Tuckerton area (Note: Portions are also designated West (Village Harbor) area (Note: A portion is also as Prohibited or Seasonal. See NJ.A.C. 7:12-2 and 4): The designated as Seasonal. See: N.J.A.C. 7: 12-4): waters of Tuckerton Cove and Tuckerton Creek and tributaries thereof between a location on Gaunt Point that is I . All of Cedar Creek, Manahawkin Creek and the west of Little Egg Harbor Boulevard and situated on the waters adjacent to Beach Haven West (Village Harbor) eastern bank of Tuckerton Cove with coordinates of lati north and west from a line beginning on the northern tude 39 degrees 34 minutes 41.7 seconds N., and longitude bank at the entrance to Cedar Creek and bearing approx 74 degrees 19 minutes 58.8 seconds W., and then bearing imately 150 degrees T to a small island, then bearing 230 degrees T for 0.34 nautical miles to a point on the west approximately 209 degrees T to the western end of the bank of Tuckerton Cove with coordinates of latitude 39 most westerly island along the Manahawkin Causeway, degrees 34 minutes 28.8 seconds N., and longitude 74 then bearing approximately 180 degrees T to the degrees 20 minutes 19.3 seconds W., then in a northern northernmost point of land on Thorofare Island, then direction proceeding up Tuckerton Creek for 0.88 nautical following the shoreline of Thorofare Island to its miles to a point on the western shoreline with coordinates southernmost point of land, then bearing approximately of latitude 39 degrees 35 minutes 15.6 seconds N., and 260 degrees T to its terminus on the easternmost point of longitude 74 degrees 20 minutes 29.4 seconds W., then land on Popular Point; and bearing 135 degrees T for 0.03 nautical miles to a point on ii. All of those waters in unnamed creek north and the eastern bank of Tuckerton Creek just north of Bass Road with coordinates of latitude 39 degrees 35 minutes west of a line beginning on Oyster Point and bearing 14.5 seconds N., and longitude 74 degrees 20 minutes 28 approximately 032 degrees T to its tenninus on the northeast shore of the wmamed creek. This line of seconds W. , then continuing southbound along the shore closure is an extension of a line (tenninating on Oyster line to the point of origin and tenninating. Point) defined in NJ.A.C. 7: 12-4.2. 19. Atlantis and Mystic Islands area:

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i. All of Big Thorofare and tributaries west and/or of Great Bay Boulevard, up stream from a Department south (upstream) of the Great Bay Boulevard bridge maintained marker, at coordinates latitude 39 degrees 30 which crosses same; and minutes 32 seconds North, longitude 74 degrees 19 minutes 33 seconds West, and bearing approximately ii. All of Big Creek and tributaries thereof. 085 degrees T to another Department maintained 20. Mullica River Great Bay area (Note: A portion is marker. also designated as Seasonal. See NJ.A.C. 7: 12-4): 21 . Reed Bay area (Note: A portion is also designated as I . Mullica River and tributaries (Note: A portion is Seasonal. See NJ.A.C. 7:12-4): also designated as Seasonal. See: N.J.A.C. 7:12-4): All i. All of the unnamed cove southwest of Somers of Mullica River and tributaries thereof, upstream from a Cove (adjacent to the Seasonal area described in straight line beginning at the easternmost point of Moss N.J.A.C. 7:12-4.I(a) 5ii) west of a line connecting two Point and bearing approximately 093 degrees T to the Department maintained markers; southwesternmost point of land on the north bank of the northernmost ditch (Bloody Ditch) separating Blood ii. All of Doughty Creek and that portion of Somers Point from the mainland; Cove lying north of a line commencing at the Depart ment maintained marker at the southeast entrance to ii . All ofNacote Creek and tributaries thereof; Somers Cove and bearing approximately 274 degrees T iii. Ballanger Creek area (Note: A portion is also across the cove to the Department maintained marker on designated as Seasonal. See N.J.A.C. 7: 12-4.): the north bank of the unnamed ditch; and (I) All of Ballanger Creek and tributaries up iii. All of Conover Creek and tributaries thereof. stream from a straight line connecting two Depart 22. Brigantine area (Note: A portion is also designated ment maintained markers; and as Seasonal. See NJ.A.C. 7: 12-4): (2) All of Winter Creek and tributaries upstream i. All of Black Hole and SI. George's Thorofare from a straight line connecting two Department main east of a line from the point on the eastern shore at the tained markers; mouth of Conch Lagoon and bearing approximately 358 iv. Roundabout Creek area (Note: A portion is also degrees T to the opposite shore. designated as Seasonal. See N.J.A.C. 7:12-4.): All of 23 . Atlantic City-Absecon area (Note: A portion is also Roundabout Creek and tributaries upstream from a designated as Seasonal. See NJ.A.C. 7: 12-4): straight line connecting two Department maintained markers; i. All of Absecon Inlet and Absecon Channel contained within a line from the base of the Vincent v. All of Judies Creek and tributaries upstream from Haneman Bridge (Rte. 87) (at Harrah's Casino) and a straight line connecting two Department maintained continuing along that shoreline crossing the mouth of markers (Note: A portion is also designated as Seasonal. Clam Creek and continuing to the seaward end of the See NJ.A.C. 7: 12-4.); jetty on the western shore, at the mouth of Absecon vi. All of Mott Creek and tributaries thereof; Inlet, then channelward to a line from RN"2"(FIRl.5s) and bearing approximately 328 degrees T to the midspan vii. All of Oyster Creek and tributaries thereof; of the Vincent Haneman Bridge (Rle. 87), then running viii. All those waters surrounding Cape Hom Marina northwest along that line to the Rle. 87 bridge, then north of a line starting from a Department maintained westward along the bridge to the point of origin at the marker located at the mouth of the cove with coordinates base of the bridge; of latitude 39 degrees 32 minutes 29.9 seconds N., and ii. All of Absecon Creek and adjacent Absecon Bay longitude 74 degrees 20 minutes 1.1 seconds W., then northwest of a line from the Department maintained heading in a westerly direction to a point of land at a marker on the northern shore of Absecon Bay and Department maintained marker with coordinates latitude bearing approximately 216 degrees T to the Department 39 degrees 32 minutes 32.0 seconds N., and longitude 74 maintained marker on the adjacent shoreline and degrees 20 minutes 7.0 seconds W., then heading in a terminating; northwesterly direction across the mouth of Jimmies Creek to a point of land at a Department maintained iii. All of Jonathan Thorofare; marker with coordinates latitude 39 degrees 32 minutes iv. All of Newfound Thorofare; 35.0 seconds N., and longitude 74 degrees 20 minutes 10.8 seconds W., and terminating; and v. All of Duck Thorofare; ix. All of those waters of the unnamed creek located vi. All of Clam Thorofare and the canals in Venice next to the Rutgers Research Station at the southern end Park section of Atlantic City;

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vii. All of Beach Thorofare from Absecon Channel island to Great Island then northwesterly across the to a line across Beach Thorofare bearing approximately mouth of Great Thorofare, then along the shoreline in a 225 degrees T from the eastern side of the mouth of northwesterly direction, then across the mouth of an Penrose Canal at its j unction with Beach Thorofare. unnamed lagoon at the northwest comer of Lakes Bay and returning to the point of origin. 24. Pleasantville·Northfield·Linwood-Margate·Ventnor Longport area (Note: A portion is also designated as 25. Ocean City-Somers Point area (Note: A portion is Seasonal. See NJ.A.C. 7: 12-4): also designated as Seasonal. See NJ.A.C. 7: 12-4): i. All the waters on the eastern side of Shelter i. All of Bass Harbor Thorofare from Ship Channel Island ; to a line beginning at a Department mai ntained marker on the southern shore of Steelman Bay and bearing ii. All of Hospitality Creek; approximately 306 degrees T, touching the shoreline of iii. All of Great Thorofare and all of Beach Thoro an unnamed island and continuing to a Department fare from a line from the northernmost tip of runway maintained marker on the opposite shore and termi· number 22 (North-South runway) at Bader Field in nating; Atlantic City and bearing approximately 033 degrees T ii. All of Patcong Creek and tributaries upstream across Beach Thorofare to a line from the tip of the stone from a line beginning at Channel Marker number I (FI jetty at the end of Atlantic Avenue (Longport) and bear " I") and bearing approximately I I 0 degrees T to a ing approximately 336 degrees T across Beach Thoro Department maintained marker and terminating; fare to the center of the Longport Blvd.-Route 152 bridge, that crosses an unnamed creek on the unnamed iii. All of Beach Thorofare, Peck Bay and adjacent island immediately north and west of the city of thorofares contained within a line beginning at the Longport including that portion of Risley Channel from western end of West 16th Street, Ocean City and bearing the Department maintained marker at a point latitude 39 approximately 320 degrees T to Flashing red light 262 degrees 19 minutes 28.41 seconds N., and longitude 74 (FI Q R "262"), then along the south side of the un degrees 3 1 minutes 54.40 seconds W., then proceeding named island to its westernmost point, then across the across Risley Channel in a southwesterly direction to a small thorofare to the nearest point of land on Shooting Department maintained marker at a point 39 degrees 19 Island and following the southeastern shoreline of minutes 22.73 seconds N., and longitude 74 degrees 32 Shooting Island, then in a northerly di rection to a minutes 1.47 seconds W.; Department-maintained marker, then bearing approxi mately 240 degrees T across the thorofare 10 the north iv. All of the unnamed thorofare between Pork ernmost point of land on the unnamed island (located Island and Lone Cedar Island to a set of Department southwest of Shooting Island), then along the shoreline maintained markers at a point latitude 39 degrees 20 in a westerly di rection to another Department maintained minutes 2 1.7 seconds N., and longitude 74 degrees 31 marker, then bearing approximately 203 degrees T to a minutes 29.1 seconds W., then to a point latitude 39 Department maintained marker on the Ocean City degrees 20 minutes 23.5 seconds N., and longitude 74 shoreline, then along the Ocean City shoreline in a degrees 3 1 minutes 21.8 seconds W. northeasterly direction to its point of origin at West 16th v. All of Dock Thorofare and tributaries contained Street and terminating; within a line from the point of land on the south side of iv. All of Crook Hom Creek and tributaries from the Mulberry Island (at Dock Thorofare) and bearing 34th Street Bridge to its confluence with the northern approximately 077 degrees T to the southwesternmost end of Beach Creek; point of land on Kiahs Island, then along that shorel ine in a northerly, then easterly direction to a Department v. All of Upland Thorofare and tributaries thereof; maintained marker, then bearing approximately 340 degrees T to and including the unnamed creek just east vi. All of Beach Creek north of the railroad bed; and of Stillman Creek, then along the shorel ine of Dock vii. All of those waters in Ship Channel within a line Thorofare in a westerly direction including Stillman bearing approximately 190 degrees T through a Depart Creek and continuing along the shoreline to the point of ment maintained marker on the northern shore of Ship origin at the mouth of Mulberry Thorofare and termi Channel approximately 1,000 feet west of the mouth of nating; and the Anchorage Point Lagoon, to another Department vi. Lakes Bay (Note: A portion is also designated as maintained marker on the southern shore of Ship Seasonal. See NJ.A.C. 7: 12-4.): All of Lakes Bay within Channel, then bearing approximately 066 degrees T to a line from the Pleasantville Yacht Club and following another Department maintained marker which is approx the channel markers FI G " IS", FI G " 13", FI G " II", FI imately 1,000 feet east of the mouth of the Anchorage R "8" to FI G "7", then bearing approximately 061 de Point Lagoon, then proceeding northwesterly along the grees T across the northernmost tip of a small unnamed shoreline of Ship Channel, across the mouth of the

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Anchorage Point Lagoon and to the point of origin at the mately 119 degrees T through Flashing Green light "377" Department maintained marker. (FI G 4s 3M "377") and tenninating on the opposite shore. 26. Great Egg Harbor River (Note: A portion is also 30. The Wildwoods area: designated as Seasonal. See: NJ.A.C. 7: 12-4): i. Those waters of Grassy Sound Channel from the i. All of Great Egg Harbor River and tributaries Ocean Drive Bridge (Route 619) North Wildwood, between the following lines: southwest to a line bearing approximately 062 degrees T through FI R 4s "442"; (I) A line beginning at Flashing Red 8 (Fl R "8") and bearing approximately 208 degrees T across the ii. All of Swain Channel, Taylor Sound and the river to a Department maintained marker at the mouth Intracoastal Waterway within a line from the mouth of of an unnamed creek; and Swain Channel at coordinates of latitude 38 degrees 58 minutes 49.7 seconds N., longitude 74 degrees 50 min (2) A line from a Department maintained marker utes 57.0 seconds W., then continuing along the shore at the mouth of Powell Creek and bearing approxi line in a northwesterly direction to Terrapin Thorofare mately 248 degrees T across the river to another and including Terrapin Thorofare, then continuing along Department maintained marker; the shoreline to a Department maintained marker at the ii. All of Lakes Creek. north side of the mouth of Taylor Creek bearing approxi mately 213 degrees T to a Department maintained 27. Tuckahoe River: All the waters of Tuckahoe River marker on the south side of the mouth of Jones Creek, and tributaries upstream from a straight line beginning on then continuing along the shoreline in an easterly the east bank of the mouth of Job Creek bearing direction to a Department maintained marker on the west approximately 023 degrees T to the island offshore along side of the mouth of Reubens Thorofure, then bearing the shore of the island and tenninating on the opposite 123 degrees T across the mouth of Reubens Thorofare to bank of Tuckahoe River. a Department maintained marker on the other side of 28. Strathmere and Sea Isle City area (Note: A portion is Reubens Thorofare, then continuing easterly along the also designated as Seasonal. See NJ.A.C. 7: 12-4): shoreline of Swain Channel to Jarvis Sound Thorofare and including Jarvis Sound Thorofare and continuing i. All of Maple Swamp Creek; east to Old Turtle Creek and including Old Turtle Creek, ii. That portion of Ludlam Bay lying south and west then continuing in an easterly direction along the shore line of Swain Channel to an unnamed body of water of a line beginning at a Department maintained marker on the shoreline of the barrier island near the mouth of known as the intracoastal waterway (ICW) then turning Swimming Creek and bearing approximately 315 de in a southerly direction at the junction with the ICW and grees T to a Department maintained marker near the continuing along the shoreline of the ICW to Jarvis Intracoastal Waterway, then bearing approximately 226 Sound at a point at latitude 38 degrees 58 minutes 24.9 degrees T to a Department maintained marker on the seconds N., longitude 74 degrees 51 minutes 41.7 sec mainland and tenninating; onds W., then bearing approximately 137 degrees T to a point at latitude 38 degrees 58 minutes 19.9 seconds N., iii. All of Big Elder Creek; longitude 74 degrees 51 minutes 35.6 seconds W., then turning in an easterly direction to a point at latitude 38 iv. All of Little Elder Creek; and degrees 58 minutes 41.3 seconds N., longitude 74 de v. The area of Townsend Channel adjacent to the grees 50 minutes 57.4 seconds W., at thejunctiori of the town of Townsends Inlet contained within a line lew and Sunset Lake then bearing approximately 2.5 beginning at the street end of 77th SI. and bearing degrees T to the point of origin and tenninating. approximately 190 degrees T to the western end of the iii. All of the waters in the south portion of Jarvis northernmost pier located approximately at the end of Sound from a Department maintained marker north of 79th Street, then in a southerly direction connecting the the mouth of Upper Thorofare at latitude 38 degrees 58 western ends of the longest piers to the southernmost minutes 12.4 seconds N, longitude 74 degrees 52 min pier in Townsend Channel (at the end of 94th Street) utes 39.1 seconds W, bearing approximately 222 degrees then running along that pier to the shore and tenninating. T across to a Department maintained marker on the 29. Avalon area: That portion of Ingram Thorofare lying south side of the mouth of Upper Thorofare then con south from a line across Ingram Thorofare beginning at the tinuing along the shoreline in an easterly direction to a easternmost tip of an unnamed island on the northwest side Department maintained marker on the west side of the of Ingram Thorofare and bearing approximately 072 mouth of Middle Thorofare bearing approximately 125 degrees T to the opposite shore of Ingram Thorofare, then degrees T across the mouth of Middle Thorofare to a De to another line across Ingram Thorofare beginning on the partment maintained marker on the other side then again south bank of a small unnamed creek bearing approxi- continuing east to a Department maintained marker on

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the west side of the mouth of Lower Thorofare and bear (2) A line from the end of Berry Avenue (Shell ing approximately 084 degrees T across the mouth of pile) and bearing approximately 2 14 degrees T across Lower Thorofare to a Department maintained marker on the River to a Department maintained marker; and the other side then continuing along the shoreline in a northerly direction to a Department maintained marker ii. Dividing Creek (Note: A portion is also desig at latitude 38 degrees 57 minutes 38.4 seconds N, longi· nated as Seasonal. See N.J.A.C. 7: 12-4): All of Dividing tude 74 degrees 51 minutes 56.6 seconds W, then bear· Creek and tributaries upstream from a line beginning on the southerly bank at the entrance to Ogdens Creek and ing approximately 316 degrees T to a Department main tained marker at latitude 38 degrees 57 minutes 54.7 bearing 25 1 degrees T to the opposite shore of Dividing Creek; seconds N, longitude 74 degrees 52 minutes 16.6 sec onds W, and back to the point of origin and terminating. iii. Oranoaken Creek (Note: A portion is also desig 3 1. Cape May area: All of Cape May Inlet and Cape nated as Seasonal. See: N.lA.C. 7:12-4): All of May Harbor inside a line beginning at Flashing Light 7M Oranoaken Creek in the area known as The Glades and (F14 sec. 30 ft . 7M) FI R 4s 30 ft. 6M "4" at the outermost north of Weir Creek; end of east jetty at Cape May Inlet, along the jetty and iv. The Glades: All the water known as The Glades shoreline until it intersects a line connecting the 641 ft . north !Tom their confluence with Weir Creek, including Loran Tower on the north side of the inlet and range light that portion of Oranoaken Creek north from Weir Creek; Q 22 ft . marking the entrance channel through Cape May Inlet, then along the shoreline in a westerly direction and v. Straight Creek: All of Straight Creek, including a across Skunk Sound to a line connecting flashing red light portion of the Delaware Bay beginning at a point (FI R 4 sec.) marking the entrance to Cape May Canal and southeast of the mouth of Straight Creek at latitude 39 the radio tower at the U.S.C.G. Receiving Station, along degrees 12 minutes 5.6 seconds N., longitude 75 degrees that li ne to the shoreline along the shoreline to a line be 9 minutes 55.0 seconds W., and bearing approximately ginning at the tank on the U.S.C.G. Training Center and 197 degrees T to a point in the Delaware Bay at latitude bearing approximately 331 degrees T to buoy G "9" PA 39 degrees II minutes 59.5 seconds N., longitude 75 then along a line connecting buoy G "9" PA with flashing degrees 9 minutes 57.4 seconds W., then bearing ap green light 5 (FI G 4 sec. "5") then to the shore bearing ap proximately 271 degrees T to a point in the Delaware proximately 157 degrees T, then along the shoreline to the Bay at latitude 39 degrees II minutes 59.6 seconds N., light (FI G 4 sec. 20 ft. 5m "5") at the end of the jetty then longitude 75 degrees 10 minutes 5.3 seconds W., then across the inlet to the Flashing light "4" (Fl R 4 sec. 30 ft. bearing approximately 17 degrees T to a point northwest 6M "4") and terminating. of the mouth of Straight Creek at latitude 39 degrees 12 minutes 7.8 seconds N., longitude 75 degrees 10 minutes 32. Delaware Bay area (Note: A portion is also desig 2.1 secondsW.; nated as Seasonal. See N.J.A.C. 7: 12-4): vi. Nantuxent Cove area (Note: A portion is also i. Maurice River and Maurice River Cove: Maurice designated as Seasonal. See: NJ.A.C. 7: 12-4): River and tributaries thereof and that portion of Maurice River Cove between the following two lines: (I) All of Nantuxent Creek upstream from a straight line across the creek beginning at the conflu ( I) All of the water upstream of a line beginning ence of the next large tributary (unnamed) on the at the East Point Lighthouse and bearing approxi· south side of Nantuxent Creek downstream from Hay mately 226 degrees T to Flashing Green 2.5 second Cut Creek and bearing approximately 300 degrees T; "5" (FI G 2.5 sec "5") in the Maurice River Approach Channel then bearing approximately 323 degrees T 10 (2) All of Cedar Creek upstream from a straight a Department maintained marker at latitude 39 de line across the creek beginning at the confluence of grees II minutes 47.9 seconds N, longitude 75 de the first tributary on the north side of Cedar Creek up grees 2 minutes 4 1.6 seconds W, then bearing approx· stream from the mouth of Cedar Creek and bearing imately 323 degrees T to a Department maintained 153 degrees T; and marker at latitude 39 degrees 12 minutes 16 .7 seconds (3) All of Beach Creek. N, longitude 75 degrees 3 minutes 10.0 seconds W, then bearing approximately 323 degrees T to a De vii. Fortescue Creek: All of Fortescue Creek; partment maintained marker at latitude 39 degrees 12 viii. Beadons Creek: All of Beadons Creek; minutes 52.5 seconds N, longitude 75 degrees 3 minutes 45.2 seconds W on the westem bank of the ix. All of that portion of Delaware Bay and tribu Maurice River Cove and terminating; taries thereof inshore of a line from a Department main tained marker at Beadon Point and bearing approxi mately 309 degrees T towards flashing light (FI 4 sec. 33

Supp.I-3-11 12-22

ft . 6M), but terminating at a Department maintained marker on the shoreline at Nanruxent Point; and x. Cohansey Cove area: All of Delaware Bay and Cohansey Cove included within a line from within a line from QG FI 24 ft. 5M " 1" and bearing approximately 245 degrees T to buoy " 10", then bearing approximately 099 degrees T to a Department maintained marker on the mainland, then along the mainland (including tri butaries) in a northwesterly di rection to a Department maintained ma rker at the mouth of Cohansey River, then bearing approximately 277 degrees T to QG FI24 ft. 5M "''', the point of origin and tenninating. 33. Delaware River area: i. All of the New Jersey portion of the Delaware River and its tributaries thereof and the New Jersey sec tion of Delaware Bay and its tributaries between the two lines described herein: (I) A straight line beginning northwest of the mouth of Cherry Tree Creek bearing approx imately 169 degrees T to a point at Latitude 39 degrees 24 minutes 8.8 seconds N, Longirude 75 degrees 26 mi n utes 29.7 seconds W. then bearing approximately 169 degrees to a point northwest of Big Stone Beach, Delaware, at Latitude 39 degrees 0 mi nutes 38 se conds N., Longitude 75 degrees 20 minutes 2 seconds and this line intersects the New Jersey-Delaware boundary line at Latitude 39 degrees 20 minutes 9.9 seconds N., Longitude 75 degrees 25 minutes 24.5 se conds W.; (2) A straight li ne beginning at the southern dome (Salem Nuclear Power Plant) and bearing approxi mately 230 degrees T towards the point of land, on the southern shore, at the mouth of Blackbird Creek; and (3) All of Stow Creek and Mad Horse Creek.

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SUBCHAPTER 4. SEASONALLY APPROVED in a southerly direction along the coastline of Gunning SHELLFISH GROWING WATERS Island 10 the southeastern comer or Gunning Island at coordinates latitude 40 degrees, 21 minutes, 24 .9 seconds 7:12-4.1 Seasonally Approved growing waters North and longitude 73 degrees, 58 minutes, 39.7 seconds (Approved November 1 through April 30 West, thence in a southerly direction to the eastern end of yearly, Speeial Restrieted May 1 through Sedge Island at coordinates latitude 40 degrees, 21 min October 31, yearly) utes, 13 .2 seconds North and longitude 73 degrees, 58 min utes, 35.4 seconds West, thence in a southerly direction (a) The following shellfish growing waters designated on along the coastline of Sedge Island to the southern comer the charts referred to in NJAC. 7: 12-1.1 shall be Special of Sedge Island at coordinates latitude 40 degrees, 21 min Restricted for the harvest of shellfish from May I through utes, 10.4 seconds North and longitude 73 degrees, 58 October 31 yearly and Approved for the harvest of shellfish minutes, 36.9 seconds West, thence in a southwesterly di ITom November I through April 30 yearly: rection to the northeastern comer of an unnamed island at I. Navesink River: Seasonally Approved (Special Re coordinates latinlde 40 degrees, 20 minutes, 56.4 seconds stricted May I through October 31 yearly; Approved No North and longitude 73 degrees, 58 minutes, 49.8 seconds vember I through April 30 yearly): All those waters con West, thence in a northwesterly direction along the shore tained within a line originating at the northern base of the line of the island to the southwestern comer of the island at Oceanic Bridge at Locust Point, then bearing approxi coordinates latitude 40 degrees, 20 minutes, 34. I seconds mately 60 degrees T to a Department maintained marker at North and longitude 73 degrees. 58 minutes, 54 seconds the north easternmost point of land at the mouth of Claypit West, thence in a southwesterly direction to a Department Creek, then following the shoreline in an easterly direction maintained marker at coordinates latitude 40 degrees, 20 to a Department maintained marker at the south eastern minutes, 27. J seconds Nonh and longitude 73 degrees. 59 most point ofland at lower Rocky Point, and continuing on minutes, 4.2 seconds West, thence to a Department a line bearing approximately 135 degrees T to the south maintained marker at coordinates latitude 40 degrees, 21 ernmost white obstruction buoy, then continuing to the minutes, 12.9 seconds North and longitude 73 degrees, 59 north easternmost point of land on the first adjacent un minutes, 31 .5 seconds West. thence in a nonheasterly di named island, then continuing to the northeast tip of the rection along the shoreline to Oyster Bay, thence in an second adjacent unnamed island, then along the eastern easterly direction across the mouth of Oyster Bay, thence shoreline to the south easternmost poim, then to a Depart in a northerly direction along a line connecting the eastern ment maintained marker on the nonh easternmost point of end of the docks protruding into the Shrewsbury River to land on the adjacent third unnamed island, then following the southwestern bascule of the Route 520 Bridge, thence the easlern shoreline to a Department maintained marker to the origination point at the southeastern bascule of the on the southern shoreline, then along a line bearing J 74 de bridge, and tenninating. grees T to a Department maintained marker, then bearing 3. Barnegat Bay Area: 244 degrees T across the mouth of an unnamed creek, then continuing along the shoreline to a Department maintained i. Bay Head and Mantoloking area: All those wa- marker at the end of Navesink Avenue, then following a ters of Northern Barnegat Bay and tributaries south of a line across Black Point Creek bearing 280 degrees T to the line beginning at the southwestern abutment of the Man~ southeasterly point of land on Barley Point Island, then toloking Bridge (County Route 528) with coordinates following the shoreline in a northwesterly direction to a latitude 40 degrees 2 minutes 25.4 seconds North and Department maintained marker on the westernmost point longitude 74 degrees 3 minutes 23.4 seconds West then of land on the island, then along a I ine bearing 250 degrees following the western shoreline of the Bay to the east T to a Department maintained marker on a point of land at ernmost point of land on Swan Point and bearing ap the end of the Avenue of Two Rivers, then following the proximately 141 degrees T to Flashing Green light" [5" shoreline in a westerly direction to the southern base of the (QG 8 ft . " 15") and then following the east side oflhe Oceanic Bridge, then along a line crossing the Oceanic inland waterway channel bearing approximately 227 Bridge and terminating at its northern base. degrees T to Flashing Green light " IT' (FG G 6s "IT') then bearing approximately 2 J 0 degrees T to the most 2. Shrewsbury River: All those waters contained within westerly point of land on Curtis Point thence following a line originating at southeastern bascule of the Route 520 the eastern shoreline in a northerly direction to the Highway Bridge and proceeding in a southerly direction southeastern abutment of the Mantoloking Bridge (and along a line connecting the westernmost ends of the docks continuing along the southern edge of the bridge to the on the eastern shore of the Shrewsbury River to the north southwestern abutment of the bridge with coordinates or ernmost comer of the abutment at the western end of Cen latitude 40 degrees 2 minutes 25.4 seconds Nonh and ter Street, Sea Bright, thence in a southwesterly direction to longitude 74 degrees 3 minutes 23.4 seconds West the northeastern comer of Gunning Island at coordinates where this line terminates. (This designation of Season latitude 40 degrees, 21 minutes, 3 I seconds North and lon ally Approved waters directly adjoins those defined as gitude 73 degrees, 58 minutes. 41.4 seconds West. thence Special Restricted in NJ.A.C. 7: J 2-3.2(a)6.)

Supp.I-3-11 12-24 Next Page is 12-24.1

ii. Island Beach areas: Mantoloking to Berkeley with coordinates of latitude 39 degrees 59 minutes 41 Township: All those waters of Barnegat Bay and its trib· seconds North and longitude 74 degrees 6 minutes 54.7 utaries east of a line beginning on the westernmost point seconds West. (This designation of Seasonally Approved of land on Curtis Point (Brick Township) and the bear· waters directly adjoins those defined as Special Re· ing approximately 186 degrees T to the most westerly stricted in NJ.A.C. 7:12·3.2(a)8iii.) point of land on Dutchman's Point Gust south of Man· vi. Island Beach State Park area: All those waters in toloking Shores), then bearing approximately 205 de· Barnegat Bay from a point of land, latitude 39 degrees grees T to the easternmost point of Middle Sedge Island, 54 minutes 24 seconds N, longitude 74 degrees 5 min· and terminating. (This designation of Seasonally Ap· utes 13 seconds W, then bearing approximately 254 de· proved waters directly adjoins those defined as Special grees T to a Department maintained marker at latitude Restricted in NJ.A.C. 7: 12·3.2(a)7.) 39 degrees 54 minutes 22 seconds N, longitude 74 de· iii . Havens Cove: All those waters of Havens Cove, grees 5 minutes 20 seconds W, then bearing 136 degrees West of a line beginning on the northern side of an un T to a point of land at Island Beach State Park at latitude named manmade waterway with coordinates of latitude 39 degrees 54 minutes N, then continuing northbound 40 degrees I minute 49.8 seconds N and longitude 74 along the coastline to the point of origin and terminating. degrees 4 minutes 28.6 seconds W and bearing approxi· vii. Toms River area: All of those waters lying within mately 188 degrees T for .52 nautical miles toward a a line beginning at Flashing Red light "28" (FI R 4s point just north of the most easterly tip of Havens Point "28") and bearing approximately [60 degrees T through with coordinates of latitude 40 degrees 1 minute 18.9 Quick Green light "29" (QG ''29'') to the western point seconds N and longitude 74 degrees 4 minutes 34.6 of land on Pelican Island, then bearing approximately seconds W. (This designation of Seasonally Approved 129 degrees T 10 Flashing Green light "3" (Fl G "3"), waters directly adjoins those waters defined as Special then bearing approximately 170 degrees T to the western Restricted in N.J.A.C. 7:12·3.2(a)8i.) of the municipal pier off 5th Avenue in Seaside, then iv. Kettle Creek: Kettle Creek north and west from a bearing approximately 290 degrees T toward a Depart· straight line beginning at Seaweed Point and bearing ment maintained marker on the unnamed point of land approximately 241 degrees T to Andrew Point at Green approximately 500 yards south of Good Luck Point to a Island and terminating and east and south of a straight Department maintained marker located approximately line beginning at the westernmost end of Long Point Is· 250 feet east of the unnamed point with coordinates of land at coordinates latitude 40 degrees 0 minutes 0 latitude 39 degrees 55 minutes 35.5 seconds North and seconds North and longitude 74 degrees 6 minutes 4.7 longitude 74 degrees 6 minutes 17.9 seconds West, then seconds West and bearing approximately 270 degrees T bearing approximately 170 degrees T to a Department to the northernmost point on Green Island with coor maintained marker located at coordinates latitude 39 de· dinates latitude 40 degrees 0 minutes 0 seconds North grees 55 minutes 19.7 seconds North and longitude 74 and longitude 74 degrees 6 minutes 26.2 seconds Wesl degrees 6 minutes 16.3 seconds West, then bearing ap- and terminating. (This designation of Seasonally Ap· proximately 220 degrees T to Quick Red light "38" (QR proved waters directly adjoins those defined as Special "38"), then bearing approximately 042 degrees T to the Restricted in NJ.A.C. 7: l2·3.2(a)8iL) most easterly point of Barnegat Pier, then proceeding in a northerly direction along the shoreline to a Department v. Si lver Bay: Silver Bay west of a straight line be· maintained marker at Good Luck Point, then bearing ginning at the southernmost point of land on Andrew approximately 353 degrees T toward the most easterly Point (Green Island) and bearing approximately 185 point of land at Windsor Park (north of the Mathis degrees T and terminating on the most easterly point on Bridge) to the Mathis Bridge (Route 37), then in an east· Cattus Island Park (Ocean County) and east of a straight erly direction along the Mathis Bridge to a point with co· line beginning at the southernmost point of land on urdinates latitude 39 degrees 56 minutcs 49.7 SCl:onds Andrew Point (Green Island) and bearing approximately North and longitude 74 degrees 6 minutes 17.7 seconds 202 degrees T and terminating at a Department main· West, then bearing approximately 002 degrees T to tained marker on Cattus Island Park (Ocean County) Flashing Red light "28" (FI R 4s "28"), and terminating.

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SHELLFISH GROWING WATER CLASSIFICATION 7:12-4.1

viii. Barnegat Bay-Forked River to Barnegat: Sea the westernmost tip of Loveladies Harbor (marsh), sonal-Special Restricted May 1 through October 31 then bearing approximately 190 degrees T to the yearly, Approved November 1 through April 30 yearly: westernmost point of land at the end of Bay View Road which forms the (southern bank) entrance to (1) All those waters east of the Special Restricted the Loveladies Harbor lagoon complex. then pro waters described in NJ.A.C. 7:12-3 and west of a ceeding to where a line bearing approximately 177 line beginning at the easternmost point of land im degrees T to the standpipe in Harvey Cedars inter mediately north of Forked River (Department main sects the shoreline just west of Bay Terrace (Harvcy tained marker) approximate location: Latitude 39 Cedars), and then following the bulkhead or shore degrees 49 minutes 53 seconds N., longitude 74 line in a southerly direction, until reaching the south degrees 9 minutes 17 seconds W.) and bearing ap proximately 167 degrees T to Flashing Red light "2" westernmost point of land, locatcd at the western (1-1 R "2") located off the mouth of Forked River, most extent of Maiden Lane (HaNey Cedars), and and then bearing approximately 212 degrees T to then bearing approximately 220 degrees T to a point Hashing light "3" (Fl "3") marking the entrance to of land just north of the northernmost extent of Kent the channel to Oyster Creek, and then bearing ap Place (HaNey Cedars), and then following the west proximately 204 degrees T through Department ern shoreline or bulkhead in a southerly direction maintained markers "A" and "B" to Department across the mouths of the two lagoons. (The north maintained marker "e" located approximately 0.4 ernmost lagoon located between Buckingham Ave nautical miles east of Flashing Red light "2" (FI nue and Lange Avenue in Long Beach Township R"2") marking the entrance to Waretown Creek, shall remain Prohibited, and the southernmost la then bearing approximately 194 degrees T through goon, which is located immediately south of Lange Department maintained markers "0" and " E" to Avenue shall also remain Prohibited) to the bulkhead Department maintained marker "F" located approxi on the point of land on the southern bank rorming mately 0.5 nautical miles east of Flashing Green light the entrance to the second of these lagoons, then "I" (FI G "} ") marking the entrance to Lochiel bearing approximately 205 degrees T to the northern Creek and the Pebble Beach lagoon complex, and most corner of the largest of the unnamed islands then bearing approximately 180 degrees T through (just northeast of FI G "55") off the mouth of HaNey Department maintained marker "G" and terminating Cove (HaNey Cove itself shall remain Special Re at the range marker (Department maintained) locat stricted, See: N.lA.C. 7:12-3.2(a)) then along that ed on Conklin Island. island's northern shoreline to its easternmost point 4. Barnegat Bay to Little Egg Harbor Bay-Long then bearing approximately 115 degrees T to the Beach Island area: westernmost point of land just west of the western most extent of West Salem Avenue in HaNey Ce i. Northern Long Beach Island: Seasonal-5pecial dars, then bearing approximately 219 degrees T to Restricted May 1 through October 31 yearly, Approved the westernmost point of land (marsh) located west November 1 through April 30 yearly: of the westernmost extent of lames Street in Long Beach Township, then bearing approximately 196 (1) AJI that portion of Barnegat Bay and Mana degrees T to the westernmost point of land located hawkin Bay lying east of a line beginning on the on the properties labeled as block 104, lot 10 and northern point of land forming the mouth of the block 102, lot 10 (located just southwest of the most northerly lagoon located between Butler and westernmost extent of a private road known as Little Meadow Streets in High Bar Harbor (Long Beach Township) and bearing approximately 270 degrees T Bridge Road) in Long Beach Township, then bearing to the northeast point of the northernmost of the two approximately 209 degrees T to the end of the pier at islands just offshore, (Edwin B. Forsythe National the end of Bay Shore Street in Long Beach Town Wildlife Refuge-Barnegat Division) then along the ship, then bearing approximately 247 degrees T to west shore of that island to its southeast point, then Flashing Green light "I" (FI G " 1"), then bearing bearing approximately 131 degrees T across the un approximately 224 degrees T to Flashing Red light named gut or thorofare to the northeast point of the "2" (R R " 2"), then bearing approximately 211 southernmost island, then along the east shore of degrees T to a Department maintained marker on that island to its easternmost point, then bearing Cedar Bonnet Island, then following the east shore of approximately 144 degrees T to the most easterly that island to where the eastern shoreline of Cedar point on Vol Sedge, then along the southeastern Bonnet Island intersects with Route 72 (Manahawkin shore of that island to its southernmost point, and Causeway) and then following the southern edge of then bearing approximately 170 degrees T to the that highway in an easterly direction to its terminus easternmost extent of the southern island of Vol where Route 72 intersects with Long Beach Island Sedge, then bearing approximately 213 degrees T to (in Ship Bottom).

12-25 Supp. 7-5-05 Copyrighted materials (annotations) have been removed (blacked out) so that you can share this document freely. Brought to you by Rutgers, the State University of New Jersey, NJAES, Office of Continuing Professional Education (www.cpe.rutgers.edu)

7:12-4.1 ENVIRONMENTAL PROfEcnON

ii. Southern Long Beach Island: Seasonal-Special III. Manahawkin Bay, Mallard Island, Beach Haven Restricted May 1 through October 31 yearly, Approved West (Village Hamor) area: All those waters of Mana· November I through April 30 yearly: hawkin and Little Egg Harbor Bays lying between a straight line beginning on the westernmost end of the (I) All those waters lying east of a line beginning most westerly island along the Manahawkin Causeway at the point where Roule 72 (Manahawkin Cause (Route 72), then bearing approximately J 73 degrees T way) intersects with Long Beach Island (in Ship to the most easterly point of Thorofare Island. then Bottom) and proceeding in a westerly direction as it bearing approximately 21S degrees T to Department follows the southern edge of Route 72 (this line maintained marker "J". at latitude 39 degrees 3S min· coincides with that described in (a)2i(l) above to utes 31 seconds. longitude 74 degrees 12 minutes 53 where the highway intersects with the westernmost seconds then bearing appro,umately 275 degrees T to Department maintained marker "K", at latitude 39 shoreline of Cedar Bonnet Island, and then following degrees 3S minutes 33 seconds, longitude 74 degrees 13 that shoreline in a generally southerly direction, bul minutes 34 seconds then bearing appro,umately 032 following all changes in direction of the shoreline degrees T across the southeastcmmost point at the until reaching the southernmost point of Cedar Bon mouth of the unnamed creek, then across the mouth of net Island, and then bearing approximately 190 de· that creek to the southern shore of Popular Point, then grees T to the unnamed island immediately south along the shoreline 10 the easternmost tip of Popular (this island is generally considered part of the Cedar Point. then bearing approximately 080 degrees T to the Bonnet group) and then following that shoreline in a southernmost tip of Thorofare Island, then northeaster· southerly direction to that island's southernmost ly along the southern shoreline to the northernmost tip point where it intersects a line beginning at the range of Thorofare Island. then bearing approximately 360 markers (Department maintained) located on the degrees T to the westernmost end of the most westerly above unnamed island and following that line bearing island along the Manahawkin Causeway and terminat 203 degrees T to Flashing Red light 8ft. "74" (FI R ing. 4s "74") marking the intracoastal waterway, then iv. Tuckerton area: All those waters of Tuckerton bearing appro,umately 177 degrees T to the most Cove between the southeaslemmost tip of Gaunt Point northerly point of land on High Island and then at a point adjacent to the telephone pole (P-35877) following this island's eastern shoreline to its south· bearing approximately 227 degrees T to a Department ernmost point, then bearing approximately 197 de maintained marker on the southwestern bank. then in a grees T to Red "SO" R "SO", then bearing approxi· northeasterly direction approximately 500 feet along the shoreline to a point adjacent to the telephone pole mately 206 degrees T to Flashing Red light "SI" (FI (P- 21377), then bearing appro,umately 049 degrees T G 2.55 "SI "), then following the west side of the to a Department maintained marker on the northeast· intracoastal waterway bearing approximately lS7 de· em bank. grees T to Red "84" (R "S4"), then bearing appro,u· mately 21S degrees T to Flashing Red light "86" (Fl S. Mullica River·Great Bay area: R 4s "86"), then bearing appro,umately 221 degrees i. Mullica River; Seasonal-Special Restricted May T to Flashing Red light "SS" (FI R 2.5 s "88"), then 1 through October 31. Approved November 31 through bearing approximately 240 degrees T to Flashing Red April 30 yearly: light "92" (FI R 4s "92"), then bearing approximately (1) All those waters of the Mullica River (exclud· 209 degrees T to Quick Green light "95" (QO "95"), ing Nacote Creek and the small cut or thorofare then bearing approximately 172 degrees T to the separating Moss Point from the mainland which shall northernmost point of the easternmost Marshelder remain Special Restricted) lying between a straight Island and then following the eastern shoreline of line beginning at the northernmost point of land on this island in a southerly direction to this island's Akimbo Point and bearing appro,umately 070 degrees southernmost point, and then bearing approximately T to the southernmost point of land on Doctor Point (downstream boundary) and a straight line beginning 201 degrees T to Flashing Red light 104 (F1 R 25s at the easternmost point of land on Moss Point and "104"). then bearing appro,umately 229 degrees T to bearing approximately 093 degrees T, to the south the northernmost point on Mordecai Island, then westernmost point of land on the north bank of the following the western shore of that island to its northernmost ditch (Bloody Ditch) separating Blood westernmost point, then bearing approximately 244 Point from the mainland (upstream boundary). The degrees T to Flashing Green light 109 (Fl G 4s line defining the upstream boundary described here "109") then bearing approximately 199 degrees T to coincides with that described in N.J.A.C. a point on shore and terminating. 7:12-3.2(a)20i.

Supp. 7·5..()5 12-26 Copyrighted materials (annotations) have been removed (blacked out) so that you can share this document freely. Brought to you by Rutgers, the State University of New Jersey, NJAES, Office of Continuing Professional Education (www.cpe.rutgers.edu) SHELLFISH GROWING WATER CLASSIFICATION

ii. Ballanger Creek area: Seasonal-5pecial Re degrees 19 minutes 42 seconds W., and thence in a stricted May I through October 3 1 yearly, Approved northwesterly direction to the point of origin and ter November I through April 30 yearly: minating. (I) All of Ballanger Creek and tributaries up 6. Absecon Bay, Absecon Channel and Absecon Inlet stream from a straight line beginning at the western area; Seasonal-Special Restricted May I through October most point of land on the south bank of Ballanger 31 yearly, Approved November 1 through April 30 yearly: Creek and bearing approximately 000 degrees T to the opposite shore of the creek to the Department main i. Absecon Bay starting from the Department main tained marker. located approximately 0.96 miles west tained marke~ located upstream and as defined in from the mouth of Absecon Creek (latitude North 39 NJ.A.C.7:12-3; degrees 24 minutes 29.3 seconds and longitude West 74 (2) All of Winter Creek from its juncture with degrees 29 minutes 10.8 seconds) continuing southwest Ballanger Creek upstream to the Department main along the shoreline. then crossing over the mouth of tained marker described in N.J.A.C. 7:12-3.2(a) Jonathan Thorofare and continuing south eastward along 20iii(2). the shoreline toward another Department maintained marker located at the mouth of an unnamed thorofare iii. Roundabout Creek area: Seasonal-Special Re (latitude North 39 degrees 23 minutes 40.8 seconds and stricted May I through October 31 yearly, Approved longitude West 74 degrees 28 minutes 48.8 seconds), November I through April 30 yearly: then bearing approximately 342 degrees T to the point of (I) All of Roundabout Creek and tributaries up origin: Absecon Channel and all waters contained within stream from a straight line beginning at the southern a line from the base of the Justice Vincent's Haneman most point of land on the east bank of Roundabout Bridge (Rt. 87) slarting on the Atlantic City side and Creek and bearing approximately 306 degrees T to the extending northeast toward Brigantine City and conlin opposite shore of the creek to the Department main uing along the shoreline to Rum Point, then crossing tained markers described in N.lA.C. 7: 12-3.2(a)20iv. over the mouth ofSt. George's Thorofare and continuing to the seaward end of the jetty on the eastern shore, at iv. Judies Creek: Seasonal-Special Restricted May the mouth of Absecon Inlet, then channelward to a line through October 30 yearly, Approved November I from RN "2"(FIR2,Ss) and bearing approximately 174 through April 30 yearly: degrees T to the midspan of the Justice Vincent's (I) All of Judies Creek and tributaries upstream Haneman Bridge, then running northwest along the line from its confluence with Basses Bay to the Depart to the RI. 87 bridge, note section of the channel is classi ment maintained marke~ as described in NJ.A.C. fied as Special Restricted, see N.J.A.C. 7: 12-32(a)23i. 7: 12-3.2(8)20,. 7. Brigantine Area: Seasonal- Special Restricted May v. Great Bay area: Seasonal-Special Restricted May through October 31 yearly, Approved November 1 1 through October 31, Approved November 3 1 through through April 30 yearly: April 30 yearly: i. All the waters ofSt. George's Thorofare from the ( I) All the waters within the unnamed cove adja point of land on the eastern shore, at the mouth of Conch cent to Rands Boats Marina from a point located at Lagoon, and bearing approx.imately 358 degrees T to the latitude 39 degrees 32 minutes 20.5 seconds N., and north side of SI. George's Thorofare, then along that longitude 74 degrees 19 minutes 53 seconds W., then shoreline in a westerly direction to a Department main proceeding in a southwesterly direction to FI"!" and tained marker at Rum Point, then bearing approximately thence in a southeasterly direction to a point located at 108 degrees T to the opposite shore of SI. George's latitude 39 degrees 32 minutes 10 seconds N., and Thorofare, then along that shoreline in a generally longitude 74 degrees 19 minutes 51.5 seconds W., on easterly direction, eventuall y crossing the mouths of Sea the opposite bank. King Lagoon and Conch Lagoon to the point of origin. (2) All waters of Big Sheepshead Creek begin 8. Lakes Bay-Shelter Bay-Risley Channel Area: Sea ning at FL G " I" located at latitude 39 degrees 31 sonal-Special Restricted May I through October 31 minutes 47.5 seconds N., and longitude 74 degrees 19 yearly, Approved November I through April 30 yearly: minutes 45 seconds W., and proceeding in an easterly i. All that portion of Lakes Bay, Shelter Bay and direction along the shoreline to the bridge base located adjoining thorofares contained within a line from the on the northeastern comer of the bridge on Seven Pleasantville Yacht Club and following the channe l Bridges Road, thence in a southeasterly direction to marke~ FI G "IS," FI G "13," FI G "II," FI R "8" to FI the bascule located on the southwestern comer of the G "7," then bearing approximately 06 1 degrees T across bridge, thence in a westerly direction along the shore the northernmost tip of a small unnamed island to Great line to a point located at the approximate latitude 39 Island, then along the shoreline of Great Island in a degrees 31 minutes 42.2 seconds N., and longitude 74

12-27 Supp. 1-3-11

southerly direction to a Department maintained marker proceeding westerly along the shoreline of Ship Channel at latitude 39 degrees 21 minutes 24.82 seconds N., and to the point of origin at the base of the Somers Poinl longitude 74 degrees 29 minutes 49.3 1 seconds W., then Ocean City Bridge and terminating. continuing in a westerly direction across Shelter Bay to iv. All of Ihe waters of Great Egg Harbor Bay and the most southerly lip of Alex Island at a point approx its tributaries north of a line from the tip of the munic imately latitude 39 degrees 21 minutes 48.03 seconds N., ipal pier at the boat ramp at Kennedy Parks, Somers and longitude 74 degrees 30 minutes 53.76 seconds W., Point, to the tip of a privately maintained pier (High then turning southwesterly across Lakes Channel to a Bank Apartments, Broadway, Somers Point) which is Department Maintained Marker at latitude 39 degrees 21 just west of the municipal pier, then bearing approx minutes 4636 seconds N., and longitude 74 degrees 31 minutes 4.46 seconds W. • then continuing northwesterly imately 260 degrees T to a Department maintained along the shoreline of Lakes Channel and Lakes Bay to marker located on the northern shore of Drag Channel. its point of origin at the Pleasantville Yacht Club and v. All the waters of Peck Bay contained within a terminating. line from the base of the 34th Street Bridge (Ocean City) and continuing along the Ocean City shoreline in a 9. Ocean City-Somers Point Area-Great Egg Harbor northeasterly direction to a Department maintained Bay: Seasonal- Special Restricted May I through October marker, then bearing approximately 295 degrees T to 31, yearly, Approved November I through April 30 yearly; another Department maintained marker on the mainland, i. All the waters contained within a line from the then along the shoreline in a southerly direction to the base of the Ocean City-Longport Bridge in Ocean City, base of the 34th Street Bridge and across the bridge to extending to the southern end of the bascule, then bear the point of origin and terminating. ing approximately 285 degrees T to GC ''251'', then 10. Strathmere Area: Seasonal-Special Restricted May bearing approximately 223 degrees T to the northern end through Oclober 31 yearly. Approved November I of the bascule on the Ocean City-Somers Point Bridge. through April 30 yearly; then bearing approximately 261 degrees T to Cowpens Island and along the southern shoreline in a westerly di i. All that portion of Main Channel within the area rection to a Department maintained marker, then bearing enclosed by a straight line from the north end of the approximately 286 degrees T to Flashing red light 262 Ocean Drive Bridge, along Ihe western side of the bridge (Fl Q R "262") at the easternmost tip of the unnamed to the portion that opens, then bearing approximately island adjacent to Shooting Island, then bearing approxi 212 degrees T to the boat ramp located al the end of mately 140 degrees T to the end of West 16th Street. Bayview A venue, Strathmere, then along that shoreline Ocean City, then along the Ocean City shoreline in a to the mouth of Whale Creek, then along a straight line northeasterly direction, across the mouth of the Lagoon across Main Channel bearing approximately 194 degrees to the point of origin at the base of the Ocean City T to a small ditch on the opposite shore then along the Longport Bridge and terminating. shoreline of Main Channel to ils point of origin at the Ocean Drive Bridge and terminating. ii. All of those waters in Ship Channel within a line bearing approximately 190 degrees T through a Depart ii. Whale Creek-all of Whale Creek from the De ment maintained marker on the northern shore of Ship partment maintained marker at eastern side of the mouth, Channel approximately 1,000 feet west of the mouth of then along the eastern bank of Whale Creek (excluding the Anchorage Point Lagoon, to another Department unnamed tributary) to the Department maintained maintained marker on an unnamed island on the marker al the junclion with Ludlam Bay, then bearing southern shore of Ship Channel, then bearing approxi approximately 305 degrees T to another Department mately 066 degrees T to another Department maintained maintained marker on the opposite bank, then along that marker which is approximately 1,000 feet east of the shoreline in a northeasterly direction to the mouth of the mouth of the Anchorage Point Lagoon, then proceeding creek, then bearing approximately 082 degrees T to the northwesterly along the shoreline of Ship Channel, point of origin. across the mouth of the Anchorage Point Lagoon and to the point of origin at the Department maintained marker. 11 . Great Sound area: iii. All the waters of Ship Channel contained within i. Holmes Creek and Holmes Creek Cove: Sea- a line from Ihe base of the Somers Point Ocean City sonal-Special Restricted May I through October 31 Bridge in Somers Point. then along the bridge 10 the yearly, Approved November 1 through April 30 yearly: northern end of the bascule, then bearing approximately (I) All of Holmes Creek and Holmes Creek Cove 056 degrees T to Flashing light " I" (FI " I"), then contained within a straight line beginning at Halfmile bearing approximately 310 degrees T to a point of Point and bearing approximately 335 degrees T to the intersection with the shoreline of Ship Channel. then

Supp. 1-3-11 12-28

SHELLFISH GROWING WATER CLASSIFICATION

opposite shore and along that shoreline in a westerly southwesterly direction to a Department maintained direction, excluding drainage ditches which remain marker at the mouth of an unnamed tributary to Race Condemned to the mouth of Holmes Creek, then con Cove, then bearing approximately 126 degrees T to an tinuing along the northern side of Holmes Creek to the other Department maintained marker, then in a south first drainage ditch, then directly across Holmes Creek easterly direction along the Jenkins Channel shoreline and continuing along that shoreline to the cove and excluding tributaries to Dead Thoro Point, then in a along that shoreline to the point of origin at Halfmile southwesterly direction to Grassy Sound Channel, then Point and terminating; and bearing approximate ly 11 8 degrees T to Nummy Is land, then along that shoreline in a northeasterl y direction in ii. All of Cresse Thorofare, Gull Island Thorofare. cluding tributaries to Great Channel, then bearing ap Great Channel and Scotch Bonnet contained within a proximately 013 degrees T to the opposite shoreline, line starting at the base of the Stone Harbor Blvd. Bridge then along the shoreline of Dung Thoro and Nichols and proceeding in a northeast direction along the Stone Channel, excluding tributaries along the shoreline of Harbor shoreline, across the mouths of Snug Harbor. Genesis Bay, then along the shoreline of Genesis Bay South Basin, North Basin, Stone Harbor Creek and Old exclud ing Hetty Creek, Josh Creek, Charles Creek and mans Creek, continuing along the shoreline including Back Creek to Gunners Point, then continuing along the Shark Creek, then along thai shoreline in a northerly di shoreline in a southwesterly direction to the point of ori rection to a Department maintained marker along Stur gin and terminating. geon Hole, then bearing approximately 232 degrees T to the mouth of Southeast Creek (on Gull Island), then ii . All of Grassy Sound Channel and Hereford Inlet along the shoreline in a southeasterly direction (exclud from the Ocean Drive Bridge (Route 619) to a line bear ing Southeast Creek), then in a northwesterly direction ing approximately 030 degrees T through F I lOS S7ft to a Department maintained marker, then bearing ap 24M at Hereford Inlet. proximately 271 degrees T across Cresse Thorofare to another Department maintained marker, then in a south iii. All of Grassy Sound contained within a line be ginning at the southern end of the railroad bridge in erly direction along the shoreline and across the mouth of Scotch Bonnet and continuing along the shoreline West Wildwood along the shoreline of Grassy Sound in including Goths Creek, continuing along the shoreline an easterly direction, across the mouth of the Wildwood Canal and Beach Creek to a Depanment maintained and across the mouth of Muddy Hole, continuing along marker at Grassy Point, then bearing approximately 2S7 the shoreline and across the second mouth of Muddy degrees T to the nonhern end of the railroad bridge at Hole, then along the shoreline to the mouth of Scotch Hann Point, then across Grassy Sound Channel to the Bonnet, then along the Scolch Bonnet shoreline to a Department maintained marker, then bearing approxi point of origin at the southern end of the railroad bridge. mately 2 1S degrees T to another Department maintained iv. All of the waters of Old Tunle Thorofare from marker, then along the shore line in a southeasterly di the mouth of Old Turtle Thorofare at Richardson Sound rection to the junction of Great Channel and along that and its tributaries north and east of its junction with shoreline in a southwesterly direction across an unnamed Tempe Creek to itsjunclion with Grassy Sound Channel. creek and continuing along the shoreline and across the mouth of Dung Thorofare and the shoreline of Nummy 13. Delaware Bay: Island to a Department maintained marker and bearing i. Bidwell Creek: Seasonal- Special Restricted approximately 116 degrees T to another Department May 1 through October 31 yearly, Approved November maintained marker, then along the Stone Harbor shore I through April 30 yearly: line in a northeasterly direction to the base of the Ocean Drive Bridge (RI. 6 19), then bearing approximately 0 18 ( I) All of Bidwell Creek and tributaries down degrees T to the point of land at the junction of Great stream from the easterly side of the Route 47 bridge to Channel and Pleasure Bay and continuing along the its confl uence with the Delaware Bay. shoreline of Great Channel across the mouth of Stone ii. East Point area: Seasonal-Special Restricted May Harbor and Shelter Haven to the point of origin at the through October 3 1 yearly. Approved November I base of the Slone Harbor Blvd. Bridge. through April 30 yearly: 12. Jenkins Sound-Grassy Sound-Richardson Sound: (I) All that ponion of Delaware Bay contained Seasonal-Special Restricted May I through October 3 I within a line beginning al the East Point Lighthouse yearly. Approved November I through April 30 yearly: and bearing approx imate ly 226 degrees T to Flashing 1. All of Nichols Channel, Dung Thoro, Great Flat Green 2.5 second "S" (FI G 2.S sec "S") in the Thoro, Drum Thoro, Jenkins Channel, Genesis Bay, Maurice River Approach Channel, then bearing ap· Jenkins Sound and tributaries thereof contained within a proximately 098 degrees T to the marker (Depanment line beginning at the parking area at Shellbed Landing maintained) on the point of land on the west shore at and continuing along the Jenkins Sound shoreline in a the mouth of West Creek and terminating.

Supp. 6-2-08

7:12-4. 1 DEPT. OF ENVI RONMENTAL PROTECTION

iii. Maurice River Cove: Seasonal-Special Restricted downstream from The Glades and south of Weir May I through October 3 1 yearly, Approved November Creek to a line beginning at the eastern-most point of I through Apri l 30 yearly. land on the west bank al the mouth of Oranoaken Creek and bearing approximately 090 degrees T to the ( I ) All those waters inside ofa line beginning at opposite shore of Oranoakcn Creek. Flashing Green 2. 5 second "5" (Fl G 2.5 sec. "5"), then bearing approximately 188 degrees T to nashing vi . Fishing Creek: Seasonal- Special Restricted Green 4 second "3" (FL G 4 sec "3"), then bearing May I through October 3 I yearly, Approved November approximately 171 degrees T to a point at latitude 39 I through April 30 yearly: degrees 10 minutes 23.32 seconds N., longitude 75 (I) All of Fishing Creek; and degrees 2 minutes 19.99 seconds W., then bearing ap· proximately 290.5 degrees T to a Department main vii. Fortescue Beach: Special Rest ricted May tained marker al latitude 39 degrees I I minutes 6 through October 3 I yearly, Approved November seconds N., Longitude 75 degrees 04 minutes 50 se through April 30 yearly: conds W., then bearing approximately 013 degrees T to a Department maintained marker on the shoreline (I) AI[ waters northeast of a line from the south west of the mouth of the Maurice River, then along ernmost tip of Beadons Point bearing approximately the shoreline in a northeasterly direction to another 140 degrees T to the westernmost tip of a point of Department maintained marker at Latitude 39 degrees land just south of Raybins Beach and just north of 12 minutes 52.5 seconds N., longitude 75 degrees 3 Fishing Creek (Cumberland County). minutes 45.2 seconds W., then bearing approximately viii. Nantuxent Cove, Back Creek and portion of 143 degrees T to a Department maintained marker at Cedar Creek and Nantuxent Creek: Seasonal-Special Latitude 39 degrees 12 minutes 16.7 seconds N., lon Restricted May I through October 3 I yearly, Approved gitude 75 degrees 3 minutes 10.0 seconds W., then November I through April 30 yearly: bearing approximate ly 143 degrees T to a Department maintained marker at Latitude 39 degrees I I minutes ( I) All of Nantuxent Cove north ofa line begin 47.9 seconds N., Longitude 75 degrees 2 minutes 41 .6 ning at the light (F I 4 sec 33 feet 6M) located at the seconds W., then bearing approximately 143 degrees western tip of Nantuxent Point and bearing approxi T to Flashing Green 2.5 second "5" (FL G 2.5 sec. mately 289 degrees T to the light (F I 6 sec 30 feet "5"), and terminating; and 6M) located at the southern tip of Ben Davis Point, all of Back Creek and tributaries, including Tweed (2) All those waters adjacent to the mouth of Creek, all of Nantuxent Creek lying downstream from Oranoaken Creek and Dividing Creek, from a Depart the line descri bed in NJ.A.C. 7:12-3.2 and all of ment maintained marker on the shoreline approxi Cedar Creek lying downstream from the line de mately 605 yards southwest of the mouth of Oran scribed in NJ.A.C. 7:12-3 .2. oaken Creek, and bearing approximately 081 degrees T to a Department maintained marker at station ix. All of the waters contained within a li ne begin 38420 (Latitude 39 degrees 12 minutes 24 seconds ning at a point northwest of the town of Sea Breeze at N. , Longitude 75 degrees 05 minutes 42 seconds W.), latitude 39 degrees 19 minutes 58.3 seconds N., longj then bearing approximately 034 degrees T to another tude 75 degrees 19 minutes 35.0 seconds W., then bear Department maintained marker on the shore 1,040 ing approximately 280 degrees T to a point at latitude 39 yards east of Dividing Creek. degrees 19 minutes 58.7 seconds W., longitude 75 degrees 19 minutes 37.7 seconds W., then bearing 178 iv. Dividing Creek: Seasonal- Special Restricted degrees T to a point in the Delaware Bay at latitude 39 May I through October 3 1 yearly, Approved November degrees 19 minutes 17.2 seconds N., longitude 75 I through April 30 yearly: degrees 19 minutes 36.0 seconds W .. then bearing 91 (I) All of Dividing Creek and tributaries in degrees T to a point on the shoreli ne west of the town of cluding Weir Creek lying between the line described Sea Breeze at latitude 39 degrees 19 minutes 17.2 sec in NJ.A.C. 7: 12-3.2 and a line beginning at the south onds N., longitude 75 degrees 19 minutes 14.3 seconds ernmost point of land on the west bank at the mouth W .• then back to the point of origin and terminating; of Dividing Creek and bearing 000 degrees T to the x. All of the waters nonheast of a line ITem a point opposite shore of Dividing Creek. west of the mouth of Stow Creek at latitude 39 degrees 22 v. Oranoaken Creek: Seasonal- Special Restricted minutes 52.5 seconds N., longitude 75 degrees 24 minutes May I through October 31 yearly, Approved November 28.3 seconds W., and bearing approximately 143 degrees I through April 30 yearly: T to a point northwest of the mouth of Jacobs Creek at latitude 39 degrees 22 minutes 2.4 seconds N., longitude (I) All of Oranoaken Creek and tributaries, ex 75 degrees 23 minutes 39.2 seconds W. cept the connecting branches of Fortescue Creek,

Supp. 6-2-08 12-30

xi. All of the waters contained with in a line begin ning at a point south of the mo uth of Cherry Tree Creek at latitude 39 degrees 24 minutes 1.1 seconds N. longi tude 75 degrees 26 minutes 20.3 seconds W. then bear ing approximately 269 degrees T to a point at latitude 39 degrees 24 minutes 1.0 seconds N., longitude 75 degrees 26 minutes 27.9 seconds W., then bearing approximately 349 degrees T to a point southeast of the mouth of Lower Deep Creek at latitude 39 degrees 24 minutes 8.8 seconds N., longitude 75 degrees 26 minutes 29.7 sec onds W., then along the shoreline in a southeasterly direction to a point north of the mouth of Cherry Tree Creek at latitude 39 degrees 24 minutes 1.6 seconds N., longitude 75 degrees 26 minutes 19.8 seconds W., then bearing 2 17 degrees T back to the point of origin and terminating.

7:12-4.2 Seasonally Approved growing waters (Approved January I through April 30 yearly, Special Restricted May I through December 31 yearly) (a) The following shellfish waters designated on the charts referred to in NJ .A.C. 7: 12- 1.1 shall be Special Restricted for harvest of shell fish fro m May I through December 3 1 yearly and Approved for the harvest of she llfish from January 1 through Apri l 30 yearly:

I. (Reserved)

Supp. 1-3-11

2. (Reserved) "4" and bearing approximately 215 degrees T to a De partment maintained marker on the western shoreline, 3. (Reserved) then in a northwesterly direction to Middle River, then 4. Cedar Run area: Seasonal-Special Restricted May along the entire shoreline of Midd le River and including through December 3 1 yearly, Approved January 1 its tributaries. then along the shore of Great Egg Harbor through Apri l 30 yearly: River to a Department maintained marker. then bearing approximately 028 degrees T to FI R "8," then along the I. (Reserved) northern and/or eastern shore of Great Egg Harbor River 5. (Reserved) in a downstream direction to the point of origin at FI R "4." 6. Mullica River-Great Bay area: Seasonal-Special Restricted May 1 through December 31 yearly, Approved 9. Strathmere and Sea Isle City area: Seasonal-Spe January I through April 30 yearly: cial Restricted May I through December 3 1 yearly, Ap proved January I through April 30 yearly: i. All of l..anding Creek to its confluence with the man-made ditch leading to Scotts l..anding. i. The area of Townsend Channel adjacent to the town of Townsends Inlet contained within a line begin 7. Brigantine area: Seasonal-Special Restricted May 1 ning at the western end of the northernmost pier located through December 31 yearly, Approved January I through approximately at the end of 79th SI. and bearing ap April 30 yearly: proximately 225 degrees T to a Department maintained marker at the mouth of Middle Thorofare, then bearing i. An area adjacem to the city of Brigantine inshore from a line beginning at the telephone pole (A4229) at approximately 17 1 degrees T to the southernmost pier in Townsend Channel (at the end of 94th Street) then in a the north end of 13th Street North and bearing approxi mately 325 degrees T through Steelman Bay to Flashing northerly direction connecting the western end of the light 5 (FI "5"), then to the northwest tip of George's longest piers to the northernmost pier at the western end Dock ( 1427 North Shore Drive), then proceeding in a of 79th Street and terminating. westerly direction to the first pier end west of the Brig 10. The Wildwoods area: antine Country Club ( 1048 North Shore Drive), then to the pier end at 1002 North Shore Drive (next to dead end i. All of Sunset Lake south of a line beginning at a street), then to the third pier end west of the Lafayette Department maintained marker at the end of Aster Boulevard Street end (860 North Shore Drive), then Street. Wildwood Crest and bearing approximately 290 from pier end to 800 West Shore Drive, then to pier end degrees T to a Department maintained marker on the at 714 West Shore Drive and bearing approximately 173 south end of Ephraims Island then bearing approxi· degrees T into Shore Drive and bearing approximately mately 240 degrees T to a Department maintained 173 degrees T into Wading Thorofare until it intersects a marker at Shaw Island then along the shoreline in a line connecting Flashing lights 6 and 8 (FI R "6" and FI westerly direction to a Department maintained marker R "8") in Wading Thorofare, then along the line con then beari ng approximately 273 degrees T across Shaw necting Flashing lights 6 and 8 (FI "6" and FI "8") to Cutoff to a Department maintained marker at the north Flashing light 8, then bearing approximately 2 1 I degrees side of the mouth of Stringaree Creek then across the T to a point of land on the west shore of Bonita Tide mouth of Stringaree Creek to a Department maintained way, then along the shoreline in a southerly direction to marker on the other side of Stringaree Creek then con the first unnamed creek past Sand Creek, then bearing tinuing in a westerly di rection along the shoreli ne of approximately 030 degrees T to the point of land on the Swain Channel to a point at latitude 38 degrees 58 opposite shore and tenninating. minutes 49.7 seconds N., longitude 74 degrees 50 min utes 57.0 seconds W., then bearing approximately 182.5 ii. That portion of Broad Creek immediately south degrees T to a point at latitude 38 degrees 58 minutes of Sunflower Island (U.S.G.s. quad designation), be 41.3 seconds N., longitude 74 degrees 50 minutes 57.4 tween the Brigantine shoreline and a line from a Depart seconds W., then following the shoreline around back to ment maintained marker on Boot Island (U.S.O.s. quad the point of origin and terminating. designation) and bearing approximately 23 8 degrees T across Broad Creek, to another Department maintained ii. All of the portion of Jarvis Sound beginning at a marker on the opposite shore and terminating. point at latitude 38 degrees 58 minutes 25.0 seconds N, longitude 74 degrees 5 1 minutes 41.8 seconds W, then 8. Great Egg Harbor River and Middle River: Sea continuing along the shoreline in a southerly direction to sonal- Special Restricted May I through December 31 a Department maintained marker on the north side of the yearly, Approved January I through April 30 yearly: mouth of Meadow Creek then bearing approximately i. All that portion of Great Egg Harbor River and 239 degrees T to a Department maintained marker on the Middle River contained within a line beginning at FI R south side of Meadow Creek then continuing in a southerly direction to a Department maintained marker

Supp.I-3- 11 12-32

on the north side of the mouth of Punyard Creek and bearing approximately 222 degrees T across to a Depart men! maintained marker north of the mouth of Upper Thorofare at latilUde 38 degrees 58 minutes 12.4 seconds N, longilude 74 degrees 52 minutes 39.1 seconds W, then bearing approximately 136 degrees T to a Depart ment maintained marker at latitude 38 degrees 57 minutes 54.7 seconds N, longitude 74 degrees 52 min utes 16.6 seconds W, then bearing approx.imate ly 136 degrees T to a Department maintained marker at latitude 38 degrees 57 minutes 38.4 seconds N, longitude 74 degrees 51 minutes 56.6 seconds W, then continuing along the shoreline in a northerly direction to a Depart ment maintained marker at the south side of the mouth of Shell Thorofare and bearing approx.imately 330 degrees T across the mouth of Shell Thorofare to the SUBC HAPTER 5. SEASONAL SPECIAL RESTRJCTED other side then continuing along the shoreline of the SHELLFISH GROWING WATERS ICW in a northerly direction to a point at latilUde 38 degrees 58 minutes 20.0 seconds N. longitude 74 de 7: 12-5.1 Seasonal Special Restricted growing waters grees 51 minutes 35.7 seconds W. and bearing approxi (Special Restricted Area: May I th rough mately 317 degrees T back to the point of origin and September 30 yearly, Prohibited Area: terminating. October I through April 30 yearly) The Seasonal Special Restricted waters described below shall be Prohibited for the harvest of shellfish from October I through April 30 yearly, and Special Restricted Areas for the harvest of shellfish only in conjunction with the approved reo source recovery programs descri bed in NJ.A.C. 7: 12-9 duro ing the period of May I through September 30 yearly. These waters will not be utilized, that is. wi ll not be available for the harvest of any shellfish, within any resource recovery pro gram until the levels of contami nation in shellfish tissue from certain heavy metal are found to be within those recom· mended by the U.S. Food and Drug Administration (FDA) as determined by the Department from analyses of ongoing studies.

12-33 Supp. I-3- 11

SUBCHAPTER 7. SANCTUARIES harvesting, depuration/controlled purification, research or other purposes approved by the Department. Anyone age 14 7: 12-7.1 Sanctuaries to age 18 issued a permit to work in one of the special permit programs shall be under the supervision of a permittee that is The Department may establish areas known as sanctuaries above the age of 18 years. to be utilized fo r research purposes such as spawner areas. Sanctuaries shall be delineated by the Department. Shellfish (c) Each application shall be accompanied by a fee in the may be relocated to such an area to supply brood stock to re amount of $25.00 (check or money order made payable to establish populations elsewhere. When shellfish from waters Treasurer, State of New Jersey). Forms may be obtained from other than Approved are relocated to areas classified as Ap the New Jersey Department of Environmental Protection, proved or Seasonal Approved, the relocation site (sanctuary) Bureau of Marine Water Monitoring, Stoney Hill Road, PO will be Prohibited to the harvest of all shellfish. Box 405, Leeds Point, New Jersey 08220, and New Jersey Marine Police stations located throughout the State. Duplicate permits may be issued upon written request to the Bureau of Marine Water Monitoring at the aforementioned address if accompanied by a $10.00 check or money order payable to the Treasurer, State of New Jersey.

(d) Said permits may contain special conditions relating to their purpose, duration, area limitations, time limitations, methods of handling, identification and disposition of the shellfish, limitation on species andlor size of shellfish, andlor any other conditions deemed necessary by the Department to SUBCHAPTER 8. (RESERVED) protect the health, safety and welfare of the public.

(e) Conviction of a shellfish violation as provided in NJ.S.A. 58:24-1 et seq., N.J.S.A. 24:2- 1 et seq. and NJ.S.A. SUBCHAPTER 9. SPECIAL PERMIT 50:2-\ et seq. shall be adequate cause for the suspension, rev ocation, and denial of all special permits issued by the New 7:12-9.1 General provisions; all programs Jersey Department of Environmental Protection involving the harvesting, possession, andlor processing of shellfish from (a) The State Department of Environmental Protection the waters of the State. may issue permits to take or harvest shellfish, as hereinafter provided from waters condemned or otherwise restricted by (f) Any participant violating the regulations or the terms the regulations contained herein. (NOTE: Under the authority of the special permits issued by the Bureau of Marine Water of N.J.SA 50:2-1 et seq., any person taking shellfish from Monitoring, may be subject to prosecution under provisions Approved waters must have a license from the Department.) of NJ.S.A. 58:24-3 and may incur the penalties prescribed for offenses specified by NJ.S.A. 58:24-9 and 58:24-10. (b) Said permits may be issued to persons above the age of 14 for the purposes of transplanting, relaying, depletion, bait

Supp. 1-3-11 12-34

SHELLFlSH GROWING WATER CLASSIF1CATION 7:12-9.1

(g) Any person who shall gather any oysters. clams or designated enforcement unites), before the authorized other shellfish from a place which has been condemned by officer has inspected the same; or the department pursuant to N.l.S.A. 58:24-2 or who shall distribute, sell , offer or expose for sale or have in his 2. Interfere with, obstruct, delay, or prevent by any possession any such shellfish so gathered unless he shall first means the lawful investigation or search of the vessel by have secured a permit in writing from the department 10 any member of the designated enforcement unites). distribute, sell, offer or expose for sale or have in his possession any such shellfish so taken, is guilty of a petty (I) The operator of any vessel and all others onboard disorderly persons offense and any subsequent offense is issued a special permit or license sha ll immediately comply guilty of a disorderly persons offense (NJ.S.A 58:24-9). with all lawful instructions issued by any member of the Additionally. the vessel, vehicle and all equipment used to designated enforcement unites) to facilitate safe boarding violate this law, regulation or permit may be subject to and inspection of the vessel, its gear, and catch for the seizure or forfeiture (NJ.S.A. 58:24-10). purpose of enforcing this chapter.

(h) Due to the necessity to closely monitor this program (m) The hours listed in this subchapter are Eastern Stan for the purp05a. of protecting public health, the Bureau of dard Time (EST) or Eastern Daylight Time (EDT) at date Marine Water Monitoring shall immediately suspend the and are based on Trenton Time. Time tables for the Tren Special Permit of any participant who violates any condition ton Time are published in (he annual Summary of Game of the permit or any provision of this chapter and thereby Regulations issued by the New Jersey Division of Fish and creates a threat to public health by compromising the purity Wildlife. Trenton Time shall be the Statewide official time. of shellfish as a food product. The Bureau of Marine Water Monitoring may suspend the Special Permit of any partici pant who violates any condition of the permit or any other provision of this chapter. The right to post-suspension hear ing shall be granted by the Department in accordance with the procedures established by the Administrative Procedure Act, N.J.SA 52:148-1 et seq., and the Uniform Administra tive Procedure Rules, NJ.A.C. 1:1. Requests for post-sus pension hearings shall be submitted to the Department at the following address: Office of Legal Affairs ATrENTION: Adjudicatory Hearing Requests Department of Environmental Protection PO Box 402 Trenton, New Jersey 08625-0402

The hearing shall be held on an expedited basis, unless an adjournment is requested by the participant.

(i) Discrimination against any harvester on the basis of race, sex, creed, domicile, or any other non-work related factor shall be adequate cause for revocation of this penni!.

(j) The Department may apply more restrictive delinea tions to harvest areas that are described in N.l.A.C. 7:12-3 and 5 by specifying the sections available for harvest on the special penni!. These limitations will be made at the discretion of the Department when deemed necessary to protect the health, safety, and welfare of the public.

(k) It shall be unlawful for any person issued a special penni! or license, or any person on board a vessel to which a penni! or li cense has been issued, under the provisions of NJ .S.A. 58:24-1 et seq. and 50:2-1 et seq. to: 1. Throw or dump into the water or otherwise dispose of the contents of any pail, bag, basket, or any matter whatsoever after being hailed by any member of the

12·35 Supp. 6-16-03 Copyrighted materials (annotations) have been removed (blacked out) so that you can share this document freely. Brought to you by Rutgers, the State University of New Jersey, NJAES, Office of Continuing Professional Education (www.cpe.rutgers.edu)

7:12-9.2 ENVIRONMENTAL PROTECTION

7:12-9.2 General provisions; hard and son clam (e) AIl special permits are non-transferable and shall be depuration only valid only for the person named on such permit and only for the location stated on such permit. (a) Any person(s) wishing to construct and/or operate a soft or hard clam depuration plant shall comply with the (f) The following documents are required for soft and/or Hard and Soft Shell Clam Depuration requirements set hard clam harvesters participating in the depuration pro forth at N.I.A.C. 8:13-2.4. gram:

(b) Any person(s) wishing to construct and/or operate a 1. A valid commercial shellfish harvesting license to soft or hard clam depuration plant shall be required to be issued by the Department's Division of Fish, Game submit a detailed plan 10 the SRRSC outlining the means of and Wildlife pursuant to N.J.S.A. 50:2-1; and transportation and the distance to the depuration plant from 2. Depuration Harvester Permit No.4 entitled "Spe the landing silc(s). The overland transportation system and cial Permit To Harvest Soft Clams (Mya arenaria) From site selection must be approved by the SRRSC and the Special Restricted And Seasonal Special Restricted Wa designated enforcement unites). The criteria to be consid· ters For Further Processing At A State Permitted and ered include, but are not limited to; Certified Depuration or Controlled Purification Facility" issued by the Department's Bureau of Marine Water I. Security; Monitoring; and/or 2. Pilferage prevention; 3. Depuration Harvester Permit No. 9 entitled "Spe 3. Travel time, for the purpose of increasing effective cial Permit To Harvest Hard Clams (Mercenaria merce· enforcement; and naria) From Specified Special Restricted And Seasonal Special Restricted Waters of New Jersey For Further 4. Prevention of environmental stress and contamina Processing At A State Permitted Depuration or Con tion of shellfish. trolled Purification Facility" issued by the Bureau of Marine Water Monitoring. (c) If an overland transportation plan is approved, the SRRSC, in conjunction with the designated enforcement (g) A person shall not receive a depuration harvester unites), will issue written approval containing specified permit unless the depuration plant owner/operator has been guidelines which shall be followed. Violation of the condi issued a valid provisional or permanent shellfish certification tions of this permit shall subject the holder to prosecution by the New Jersey State Department of Health and Senior under the appropriate statutes and rules. The need for Services pursuant to N.J.A.C. 8:13-2.1. such enforcement shall be determined solely by the SRRSC (h) At such time as it may become necessary in the event and designated enforcement unites). of excessive depletion or threat thereof to the shellfish stocks. the Department may limit the harvest of soft and (d) In addition to compliance with N.J.A.C. 8:13-2.4 and hard clams below total plant capacity, limit the total harvest (b) above, any person(s) wishing to operate a soft and/or of any harvester, restrict the harvest from specific clamming hard clam depuration plant shall obtain the following: areas or terminate the program in its entirety. 1. Provisional certification to operate a soft andlor hard clam depuration plant issued by the New Jersey State Department of Health and Senior Services pursuant to N.J.A.C. 8:13-2.1 and a food/cosmetic license as re quired by N.J.S.A. 24:15-13;

2. Depuration plant possession permit No. 8b entitled "Special Permit For a Certified Depuration or Controlled Purification Facility To Possess Soft Clams (Mya arena ria) From Special Restricted And Seasonal Special Re 7:12-9.3 Applications stricted Waters For Further Processing" issued by the (a) Applications for said permits shall be submitted on Department's Bureau of Marine Water Monitoring; and forms supplied by the Department as follows: 3. Depuration plant possession permit No. 10 entitled 1. Bait pennit application (WR--002); "Special Permit For A Certified Depuration or Con 2 Depletion permit application (WR-003); trolled Purification Facility To Possess Hard Clams (Mercenaria mercenaria) From Special Restricted And 3. Depuration/Harvester (WR-004); Seasonal Special Restricted Waters For Further Process 4. Relaying permit application (WR-005); ing" issued by the Department's Bureau of Marine Water Monitoring. 5. Transfer permit application (WR-006);

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SHELLFISH GROWING WATER CLASSIFICATION 7:12-9.4

6. Transplant permit application (WR-007); 4. The inclusive dates of the permit shall be from July 1 through June 30 yearly unless revoked or suspended 7. Possession and/or processing plant permit applica prior 10 that date for cause. tion (WR--0O8); 5. The permit does not supersede current laws, regu 8. Hard clam DepurationIHarvester program lations and rules promulgated by other agencies of the (WR-009); State of New Jersey including. but not limited to, N.J.S.A. 9. Hard clam possession and/or processing plant pro 50:2-6.1 et seq. and N.J.AC. 7:25. gram (WR-OIO). 6. The harvester shall possess a valid Bait Boat Li cense to Dredge Sea Clams issued by the Division of Fish (b) Applicants shall provide a copy of their valid com and Wildlife. mercial shellfish harvesters license with the application. 7. The harvester shall have this permit (permit No. (c) It is the responsibility of the pennitlee to keep the 2a) in his possession while working in said specified areas. Bureau of Marine Water Monitoring informed of his current mailing address. A change of address from that 8. While harvesting in the specified areas, a yellow submitted on the aforementioned application, as well as pennant, visible at a one (1) nautical mile distance shall subsequent changes therefrom, must be reported by the be flown. permittee, in writing, to the Leeds Point office within 9. All clams taken from the specified area shall be one week of the change. containerized with a tag (at least 2~t x 4-)"; yellow with dark printing) affixed to each container stating: "ClAMS HARVESTED FROM CONDEMNED WATERS FOR BAIT PURPOSES ONLY. NOT TO BE USED FOR HUMAN CONSUMPTION. TAG NOT TO BE RE MOVED FROM CONTAINER UNTIL CONTAINER IS EMPTY." In addition, the tag shall state the NAME and ADDRESS of the harvester and the DATE and QUANTITY of the sale. Said tag shall remain affIXed to each container until the container is empty. 10. All clams to be utilized for bait shall remain on the harvest vessel or in a storage area specified by the permittee to preclude their removal by unauthorized per sons.

11. Areas such as walk-in boxes, truck bodies, etc., which are used for the storage of clams harvested from 7:12-9.4 Bait program; sea clams the condemned area, shall not be used for the storage of other food products if such food products are to be (a) The purpose of Pennit No.2a ("Sea Qam Bait Per utilized for human consumption. mit") is to allow Sea or Surf Clams to be harvested from the Condemned waters in the Atlantic Ocean within the State of 12 Signs (1" lettering, yellow background with dark New Jersey jurisdictional three mile limit and ultimately sold printing) stating. "CLAMS HARVESTED FROM CON for bait purposes only (N.J.S.A. 58:24-3). DEMNED WATERS FOR BAIT PURPOSES ONLY. NOT TO BE USED FOR HUMAN CONSUMPTION," (b) Permit No. 2a shall be valid only under the following shall be prominently displayed in your establishment and specific requirements or conditions. Violations may subject in each customer's establishment at the point of sale and the holder to prosecution under N.J.S.A 58:24-3. the storage area. 1. Species limited under said permit to sea or surf 13. Bait clams are not to be harvested on the same clams (Spisula solidissima). date as edible clams. 2. Areas of harvest are limited to the Condemned 14. The vessel shall be sanitized between bait clam waters in the Atlantic Ocean within the State of New and edible clam harvesting. Jersey jurisdictional three nautical mile limit as described in the most recent revision of the Regulations Concerning 15. Records of daily catches including area harvested, Classification of Certain Shellfish Beds. date and quantity; and sales including customer's name, date and quantity of sale shall be maintained for a period 3. This permit shall apply only to the water areas of not less than 90 days, and shall be available for specified above. inspection by any authorized agent of the State.

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7:12-9.4 ENVIRONMENTAL PROTECTION

16. The harvester shall , prior 10 harvesting, verball y 4. The harvester shall possess a valid commercial notify, on a day to day basis, the designated enforcement shellfish harvesting license issued by the New Jersey unites} as to the area and hours he intends to work under Division of Fish, Game and Wildlife. the provisions of this permit. 5. Harvesting from the specified Special Restricted 17. Said clams harvested from condemned waters shall and Seasonal Special Restricted waters may be permitted not be used or sold as food for human consumption. Monday through Sunday of each week and the hours limited as conditions of the harvester's permit. 18. This permit shows on its face specific conditions that are deemed necessary for the proper operations of 6. Areas such as walk-i n boxes, truck bodies, etc., the Sea Oam Bail program. These permit conditions a TC which are used for storage of shellfish harvested from hereby incorporated in Ihis paragraph by reference, and Special Restricted and Seasonal Special Restricted Areas, vio[ation(s) of said conditions shall be deemed violation(s) shalt not be used for storage of other food products if of these regulations. The permittee is also required to such food products are to be utilized for human consump comply with all other applicable statutes and regulations. tion. 7. Areas such as walk-i n boxes, truck bodies, etc., EDITOR'S NOTE: Form WR oo2a was filed with these which are used for the storage of sheltfish harvested from rules but is not reproduced herein. Further information on the Condemned Special Restricted area, shalt not be used this fonn may be obtained from the Department of Environ for storage of other food products if such food products mental Protection, PO Box 405, Leeds Point, NJ 08220. are to be utilized for human consumption.

8. Signs (I ~ lettering, ye ll ow background with dark printing) stating: "CLAMS HARVESTED FROM CON DEMNED WATERS FOR BAIT PURPOSES ONLY. NOT TO BE USED FOR HUMAN CONSUMPTION." Shall be prominently displayed in your establishment and in each customer's establishment, at the point of sale and the storage area. 9. Records of sales including customer's name, date and quantity of sale, shall be maintained for a period of nOI less than 90 days, and sha ll be available for inspection by any authorized agent of the State. 10. Said damaged clams from Special Restricted and Seasonal Special Restricted waters shall not be used or sold as food for human consumption. 11. Said damaged soft dams from Condemned Special Restricted waters shall not be used or sold as food for 7:12-9.5 Bail program; soft clams and/ol' hard clams human consumption. (a) The purpose of Penn it No. 2b ("Soft Clam and/or 12. This permit shows on its face specific conditions Hard Clam Bait Permit") is to allow a depuration/controlled that are deemed necessary for the proper operations of purification facility holding Permit Nos. 8b and/or 10 to sell, the Soft Clam and Hard Clam Bait Programs. These for bait purposes only, unmarketable soft clams and/or hard permit conditions are hereby incorporated in this para clams that have been damaged during harvesting or depura graph by reference, and violation(s) of said conditions tion/controlled purification processing. shalt be deemed violation(s) of these regulations. The permittee also required to comply with atl other applica (b) Permit No. 2b sha ll be valid only under the following ble statutes and regulations. specific requirements or conditions. Violation may subject the holder to prosecution under NJ.S.A. 58:24-3. EDITOR'S NOTE: Form WR 002b was filed with these 1. Species limited under said permit to soft clams rules but is not reproduced herein. Further information on (Mya arenaria) and hard clams (Mercenaria mercenaria). this form may be obtained from the Department of Environ· mental Protection, PO Box 405, Leeds Point, NJ 08220. 2. The inclusive dates of the pennil shall be from January 1st through December 31st of the same year unless revoked or suspended prior to that date for cause. 3. Clams shall have been originally acquired from the harvester holding a duly issued Permit No. 4 and/or Permit No. 9.

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SHELLFISH GROWING WATER CLASSIFICATION 7:12-9.7

5. The harvester shall have the harvester permit in his possession white operating in the specified waters. 6. Vessels used by special permit holders shall be marked with signs having legible black lettering (minimum six inches in height) on a color coded background (color assigned by the Department to each depuration facility) giving the permittee's first initial and last name and 7:12-9.6 Depletion program special permit number on both sides (amidships) of the The Department sha ll continue to issue special permits permittee's harvest vessel, while participating in all phases for the depletion program. The purpose of this program is of the program. to all ow for the harvest of clams, oysters or mussels from 7. The Department may require additional markings areas affected by intermittent pollution sources when condi on a particular vessel(s) as it may deem necessary to tions are favorable. This program provides for the safe supervise a harvesting operation. utilization of an otherwise unusable resource and also di minishes the possibility of illegal harvesting. 8. Harvesters shall report in person each day, prior to any harvest activities, to the depuration plant, to advise the owner/operator of their intentions to work that day and obtain the specific number of approved primary harvest containers and, if so desired, obtain additional white colored alternate containers. i. The owner/operator of the depuration plant shall issue each harvester a specific number of Department of Health and Senior Services approved primary con tainers based on the plant capacity and, if requested by the harvester, additional alternate colored serially num 7:12-9.7 Soft dam and hard dam depuration programs bered containers. A stampedtvalidated waterproof seri (a) The purpose of the harvesters permit numbers 4 and ally numbered harvester-allocation tag approved by the State Department of Health and Senior Services shall 9 (Soft Clam Depuration Harvester's and Hard Clam Depu be issued by the plant and affixed to each primary ration Harvester's Permit, respectively) is to allow soft and container in the plant as part of the daily harvest hard clams to be harvested from Special Restricted and allocation. No other containers or bags, except for the Seasonal Special Restricted Areas and ultimately marketed alternate colored baskets, may be possessed in or on after processing through a state permitted and certified the harvest vessels during any phase of the program. depuration or controll ed purification facility. Permit num Any harvester in possession of depuration plant con be bers 4 and 9 shall valid only under the following specific tainers (primary or alternate) shall be deemed to have conditions: harvested all clams in their possession from the Special 1. Only soft clams (Mya arenaria) and hard clams Restricted waters. (Mercenaria mercenaria) shall be harvested under har ii. The owner/operator of the depuration plant shall vester permit numbers 4 and 9 respectively. notify the Marine Enforcement Office of the Depart 2. Area(s) of harvest are limited to those specified on ment's Division of Fish and Wildlife by telephone in the charts attached to each permit or amended charts sent order to provide the list of all harvesters' names, the by the Bureau to the current mailing address of the areas they will be harvesting and the number of con permittee on record at the Bureau's Leeds Point office. tainers (both primary and alternate) issued to each These areas specified for harvest may consist of Special harvester. Notification shall be made to the Nacote Restricted and Seasonal Special Restricted waters as clas Creek Office each day by 8:30 AM., or prior to any sified by the Department. All harvesters transferring harvesting activities, whichever earlier. Any subsequent clams to a depuration or controlled purification plant harvest activity shall be also reported to the Marine shall at all times work within the designated areas. Enforcement Office prior to that harvest activity com mencing. If the plant determines that additional pri 3. The harvester permit shall be valid for the period mary baskets are available, the plant may offer the set fort h on the face of the permit and shall allow for additional baskets to a harvester. If the harvester ac harvesting only in the waters specified on the charts cepts the additional primary baskets, he or she is attached to the permit (as amended where appli cable) permitted to fill their alternate baskets as if they were and as further restricted on a day-to-day basis by the the primary ones. If any harvester's name has been designated enforcement unites). ca lled in and registered with a depuration plant and/or 4. The harvester shall possess a valid commercial subsequently to the Marine Enforcement Office, the shellfish harvesting license issued by the Department's entire clam catch of that harvester shalt be deemed to division of Fish and Wildlife pursuant to NJ.S.A 50:2-1. have been harvested from Special Restricted waters.

11-39 Supp. 6-16-03

7:12,-9.7 ENVIRONMENTAL PROTECfION

iii. Shellfi~h in the primary and alternate containers 11. Under adverse weather conditions (for example, sha ll be transported directly from the harvest area to bay and river icing), as determined by the designated the designated depuration landing site(s) by the mosl enforcement unites), allemative methods of harvest and direct roule without making any stops or landings along transportation of clams may be developed jointly by the the way. Each participant shall land his entire day's harvester and depuration industry and the Departments catch at the designated depuration landing site(s) and of Environmental Protection and Health and Senior Ser al the time(s) specified by the designated enforcement vices for as long as the adverse weather conditi ons contin unit. A participant may sell and/or purchase pari of his ue. Under no circumstances shall any shellfish be harvest daily catch to a person who holds a valid relay permit ed or transported using such alternate methods without only at the designated relay landing site and al the first having obtained expressed written permission from designated relay landing time. Upon arriving at the the designated enforcement unites). These alternative depuration plant, all clams contained in the alternate methods, once approved, will become part of the SOP, containers are to be transferred to the corresponding required under Department of Hea lth and Senior Services primary baskets which were previously offered. A rules at N.J.AC. 8:13-2.5. stamped/validated waterproof serially numbered har vester-allocation lag approved by the State Department 12. Violations of these permit conditions shall subject of Health and Senior Services shall be re-issued by the the violator to prosecution under N.J.S.A. 58:24-1 et seq. plant and affIXed to each primary container that has and any other applicable statute or rule and may result in been reassigned to another harvester as part of the immediate permit suspension or revocation. In the event daily harvest allocatio n. of a suspension or revocation of the shellfish certificate jv. Should an emergency arise or adverse weather issued by the Department of Health and Senior Services conditions exist, the harvest vessels may dock at the pursuant to N.J.A.C. 8: 13-2.1, all pennits issued under depuration facility when necessary, except that off load this subchapter will no longer be valid for the plant(s) ing of shellfish shall not be initiated until the specified that no longer holds a valid shellfish certificate. landing times. 13. Any change of permittee's home or mailing ad v. Upon landing at the designated depuration land dress shall be reported by the permittee in writing to the ing sile(s), the harvester shall complete a harvester Bureau's Leeds Point office within one week of the allocation tag containing the following information: har change. vester name, date, and the harvest area. Harvester allocation tags shall be date and time stamped upon (b) The permittee harvesting from the specified area(s) receipt of shellfish by the plant owner/operator into the shall be subject to all State laws and rules applicable to the depuration plan!. The plant owner/operator shall retain harvest of oysters, clams or mussels from Approved waters. the Harvester-allocation tags. All unused container.; will be accounted for and so noted on the receipt. (c) The harvesting of soh and hard clams ITom the vi. Once off-loading of the shellfish to the depura specified area(s) shall be permitted Monday through Satur tion plant commences, the containers of shellfish shall day of eacll week between the hours of sunrise and one immediately be moved into the plant and the attached hour before sunset. Depending on the location of the Harvester Allocation Tag shall be dated and time depuration plant, the harvesting may be further restricted by stamped for a second time upon receipt by the plant on designated landing times established by the Department. that harvest day. (d) The purpose of permit numbers 8b and 10 (Depura 9. Harvesting by methods not permitted pursuant to tion Plant Permit to Possess Soft Oams and Hard Oams, any State laws and rules are prohibited. respectively) is to allow a depuration or controlled purifica 10. All soft and hard clams harvested under this per tion facility to possess soft and hard clams harvested fro m mit shall be landed at the depuration plant for further Special Restricted and Seasonal Special Restricted waters processing at the designated landing times except those for further processing. This pennit also completes the con hard clams sold to a relayer. All other species of shellfish trol link between the initial or harvest phase of the depura shall not be removed ITom the harvest site but shall be tion or controlled purification program at (a) above and the immediately deposited al the location from which they processing phase, which is regulated by the New Jersey were harvested. Only Department of Health and Senior Department of Health and Senior Services. Permit numbers Services specified and approved serially numbered con 8b and 10 shall be valid only under the following specific tainers (primary and alternate colored) shall be used for conditions: the harvesting, transportation, and receiving of clams at the depuration plant. All reasonable measures shall be 1. Only soft clams (Mya arenaria) and/or hard clams taken to assure that the containers of clams received at (Mercenaria mercenaria) shall be possessed under their the plant are filled to capacity. respective permits.

Supp. 6- 16·03 12-40

SHELLFISH GROWING WATER CLAssmCATION 7:11--9.7

2. The owner/operator shall notify the Marine En to. Upon completion of the day's harvesting, all clams forcement Office of the Department's Division of Fish shall be off-loaded at the depuration plant for storage and Wildlife by telephone in order to provide the names and/or processing. Only Department of Health and Senior of the designated harvesters names. the area(s) to be Services specified and approved serially numbered con worked and the number of containers (primary and alter tainers and/or approved alternate containers sha ll be used nate) issued (0 each harvester. Notification shall be made for the harvesting, transportation, and receiving of clams 10 the Nacote Creek Office on each harvest day by 8:30 at the depuration plant. A.M. or prior to any harvest activities. Any additions or 11. All containers shall have attached to them a serial changes to the initial notification must also be reported to ly numbered harvester allocation tag which has been the Marine Enforcement Office prior to any additions or validated by the plant stamp prior to harvest Showing the changes to the harvesters working; this includes the allo time and date. Assigned alternate containers shall be cation of any of the alternate colored serially number accounted for and those authorized to be rilled by a baskets. harvester will have the primary tag reassigned. This shalt 3. The depuration plant permit shall be valid for the again be stamped at the completion of harvest and land period set forth on the face of the pennil and shall apply ing by the plant showing the time, date and depuration only to the waters specified on the charts attached to the harvester's pennit number. These tags sha ll remain at permit (as amended where applicable) and as further tached to specified serially numbered con tainers through restricted on a day to day basis by the designated enforce the depuration process. ment unites). 12. Once the depuration and bacteriological approvals 4. The harvester from which the shellfish are pur are complete, all harvester all ocation tags shall be re chased shall possess a valid New Jersey Commercial moved from the specified serially numbered containers Shellfish Harvesting License issued by the Department's and maintained on file at the plant for one year. Division of Fish and Wildlife pursuant to N.J.S.A. 50:2-1 13. All such tags and records shall be available for and a valid Permit No.4 for soft clam depuration or No. inspection by any authorized agent of the State. 9 for hard clam depuration issued by the Bureau. 14. Violation of these permit conditions shall subject 5. The pennittee shall comply with all laws including the holder to prosecution under NJ.S.A. 58:24-1 et seq. rules promulgated by the Department and other agencies and any other applicable statute and may result in imme of the State of New Jersey. diate permit suspension or revocation. In the event of a 6. Purchases of clams from the specified Special Re suspension or revocation of the shellfish certificate issued stricted Waters shall be subject to all State laws including by the Department of Health and Senior Services pursu applicable to the purchaser of oysters. clams or mussels ant to N.JA-C. 8:13-2.1, permits issued under this sub from approved areas. chapter regulations will no longer be valid for the plant(s) that no longer holds a valid shellfish certificate. 7. All records of purchases, including the harvesters names, address, date, quantity of purchase, harvest site 15. Should overland transportation be utilized on a and all harvester allocation tags and harvester depuration regular basis for the movement of soft or hard clams from receipts shall be maintained at the plant for a period of State waters to the depuration plant site, the operational not less than one yea r and shall be available for inspec plan for such a movement shall be approved by the tion by any authorized agent of the State. SRRSC. 8. The plant operator shall provide weekly reports to the Department's Division of Fish and Wildlife on forms provided by the Department. Such reports shall be sub mitted within five working days of the week's end (Satur day) and shall con tain the following information for each day: i. The name and permit number of the harvester; ii. The area worked; iii. The total number of containers out and in; and iv. The total number of clams by size harvested from each area(s); 9. This permit and this subchapter do not supersede current laws, regulations and roles promulgated by other agencies of the State of New Jersey.

12-41 Supp. 6- 16-03

7:12-9.7 ENVIRONMENTAL PROTEcnON

4. The harvester must possess a valid NEW JERSEY COMMERCIAL SHELLFISH HARVESTING LI CENSE issued by the New Jersey Division of Fish and 7:12-9.8 Relay program Wildlife.

(a) The purpose of this program i~ to harvest market size 5. Harvesting from waters designated for relay pur hard clams from areas other than Approved Areas, for poses shall be subject to all state la ws and regulations replanting in Approved Areas on special leased lOis for applicable to the harvest of hard clams from Approved purposes of na tu ral purification prior to marketing. Two waters. different types of permits are issued depending on pa rtici 6. The relay of hard clams from the waters designated pant request. for relay purposes shall be permitted as established by 1. Pennit 5a (Harvest, Buy, Sell, and Relay Hard N.l .A.C. 7:25-15.1. Hard clams shall be planted on the Oam Permit) all ows hard clams to be harvested, pur specified leased plots in Approved waters as scheduled by chased, sold and relayed from specified Special Restrict the Department. The shellfish shall be removed from the ed, Seasonal Special Restricted or Condemned Waters in bags at time of planting. conjunction with a Slate approved shellfish relay program. 7. The participant must have this permit in his posses All applicants are required to possess a special relay lease sion while working in all phases of the relay program. issued by the department (see N.l .A.C. 7:25- 15. 1) as a condition of this permit. The applicant is solely responsi 8. This permit shall apply only to the waters specified ble fo r maintenance of all signs, stakes and markers as on an attached chart provided with each permit and established in N.l.S.A. 50:1-5. further specified on a schedule determined by the depart ment to manage the resource and protect the public 2. Permit 5b (Harvest Hard Oams For Sale Purposes health, safety and welfare. Only Permit) all ows hard clams to be harvested from 9. All hard clams taken from the designated relay specified Special Restricted, Seasonal Special Restricted, waters shall be relayed to the special leased plots on a or Condemned Waters for sale purposes only (thus elimi schedule set by the Department and shall remain upon nating the requirement for obtaining a special relay leased said leased plots until written permission for harvest has plot in Approved waters) in conjunction with a state been granted by the Bureau of Marine Water Monitori ng. approved shellfish relay program. Relayed hard clams are required to remain for a mini mum of 30 days in the special relay leased plots. The (b) Permits 5a and 5b shall be valid only under the minimum 3O--day purging period will begin on a schedule fo ll owing specific requirements or conditions. Violations established by the Department. Additionally, the water may subject the holder to prosecution under NJ.S.A. temperature of the Approved waters during the minimum 58:24-3. These rules must be read together with the shell 3O-day purging period shall be at or above 10 degrees fis heries rules which appear at NJ .A.C. 7:25-15.1 Celsius (50 degrees Fahrenheit) as determined by the Bureau of Marine Water Monitoring. Reharvesting of the L Species limited under said permit to hard clams relayed shellfish wi ll be regulated by the Department of (Mercenaria mercenaria). Environmental Protection ' ~ Bureau of Marine Water Monitoring. Reharvesting of shellfish from the special 2. Sections of harvest are limited to those delineated relay leased plots may commence only after receipt of on the chart attached to each pennit or amended charts written permission from this office. sent to current mailing address of permittee on record at the Leeds Point office. These areas specified for harvest 10. The State Department of Environmental Protec may consist of Special Restricted, Seasonal Special Re tion reserves the right to suspend or revoke this permit at stricted or Condemned waters as classified by the depart any time that, in the department's judgement, its contin ment. ued use may imperil the public health. 1 L Signs having a white background with 6 inch legi 3. The inclusive dates of the permit shall be specified ble black lettering, giving the participant's first initial and on the face of the special permit unless revoked or last name and Special Relay permit number shall be suspended by the Department prior to the dates indicated placed and maintained (amids hi ps) on both sides of the and for cause. A schedule of harvest dates by section and participants boat while participating in any phase of the landing sites will be sen t by the Department to the program. permittee at the address on file with the Bureau of Marine Water Monitoring (Leeds Point). A change of 12. Said boats shall remain in the designated relay address must be reported to the Bureau of Marine Water section du ring the time harvesting operations are under Monitoring (Leeds Point) by the permittee within one way. Harvesting beyond the designated section is prohib week of the change. ited.

Supp. 6-16-03 12-42

SHELLFISH GROWING WATER CLASSIFICATION 7:12-9.8

13. Upon completion of the day's harvesting. all shell 18. The department shall have Ihe authority 10 inspeci fish shall be transferred to the authorized vehicle(s). No and co ll ect shellfish from any phase of the relay 10 ensure clams are 10 remain in the marked clam boats or trans compliance with all relay program regulations. Shellfish ferred to other vehicles or boats. The location(s) of all found under participant's control contrary to these and loading and unloading sites associated with the transfer of other applicable statutes and regulations shall be subject shellfish from one vehicle/vessel to another. shall be to seizure. assigned by the enforcement unites) designated in the 19. Only the lessee or a substitute harvester shall Bureau of Shellfisheries regulations appearing al NJ.A.C. remove clams from the leased plots. A substitute harvest 7:25-15.1. There shall be no variance from said designat er must possess a Letter of Permission (issued by the ed area unless so authorized by same. Division of Fish and Wildlife) from the lessee giving the 14. Dredging and other illegal methods of harvesting dates for which he is allowed harvest privileges, and the are prohibited. lessee's permit number from the Bureau of Marine Water Monitoring Permit Sa. 15. Shellfish laken from the designated relay section 20. Violations of these conditions may subject the shall be bagged by the participant. to the im printed line violator to prosecution under NJ.S.A. 58:24. on the bag, in bags ava ilable to the participant from the Department. These bags will be provided, at cost, to the 21. This permit shows on its face specific conditions participant through the Leeds Point office of this bureau. that are deemed necessary for the proper operation of the No unmarked bags will be allowed in the harvesters' or shellfish relay program. These permit conditions are buyers' vehicles or boat except during reharvest. Each hereby incorporated in this paragraph by reference, and bag shall have a tag attached, marked with the harvester's violation(s) of said conditions shall be deemed violation(s) name and/or buyer's name and permit number. Shellfish of these regulations. All permittees are also required to not in compliance with the bagging requirements will be comply with all other applicable statutes and regulations. seized and returned to Condemned waters by the desig Included with every permit are charts of the harvest sites nated enforcement unit. Participants will place the shell showing specific sections within the estuaries that may be fISh in vehicles provided by them and approved by the harvested on a particular day as determined by the de Department. The vehicles will be sealed by the Depart partment. ment, or an agent designated by the Department, at the harvest landing site and opened by the Department or designated agent at the off-loading site. The enforce ment unit may specify the route to be taken from the harvest landing site to the planting Off-loading site. Shellfish purchased from a holder of a valid Hard clam depuration permit (Number 9) shall be handled under the same conditions. Where there is a simultaneous posses sion of hard clams and relay bags, all hard clams shall be deemed to have been harvested from Special Restricted waters.

16. The bags will be counted by the relay harvester and listed on the numbered three-part relay receipt forms which shall be certified by the harvester. The forms must be filled out in their entirety before the clams are trans ported. Receipts for all clams must be in the transport ing vehicle. When clams are sold to the holder of a Sa permit, the form shall be signed by both the harvester and the buyer-planter at the landing site. The possession or submission of incomplete, fraudulent or misleading relay receipt forms shall be a violation of this permit. 17. Participants shall not harvest approved clams from their leased plots on the same trip they plant clams from the day's relay. Persons harvesting clams from relay lots after written permission has been received from the Bu reau of Marine Water Monitoring shall not have any " RELAY" transport bags, as described in NJ.A.C. 7:25-15.1 of the relay rules, in their vehicles or vessels at the time they harvest.

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7:12-9.8 ENVIRONMENTAL PROTECJ10N

8. From the time the transfer permit is issued until written notification for reharvest is received by the per mittee, the transfer lot(s) which appear on the permit shall be considered condemned for the harvest of shell fish. Transfer lots located in water that may be approved during the purging period shall be marked at the comers with Condemned Area signs (supplied by the Bureau of Marine Water Monitoring) during the Condemned peri 7:12-9.9 Transfer program od. (a) The purpose of Permit No.6 (Transfer Penn it) is to allow for the harvest and transfer of shellfish from leased 9. The permittee shall notify the designated enforce lots in walers classified other than Approved to other leased ment unites) 24 hours prior to each day's harvesting from lots for culturing and/or purging of pollutants and ultimate lots in Condemned waters. marketing. 10. The special Transfer Permit shall be in the permit (b) Permit No. 6 shall be valid only under the following tee's possession at all ti mes when harvesting in Con specific requirements or conditions. Violations may subject demned waters and while transporting shellfish taken the holder to prosecution under NJ.S.A. 58:24-3. from Condemned waters. 1. Species is limited under said permit to oysters 11. This permit shows on its face specific conditions (Crassostrea virginica), hard clams (Mercenaria mercena that are deemed necessary for the proper operation of the ria), mussels (Mytilus edulis) and soft clams (Mya arena· shellfish transfer program. These permit conditions are ria). hereby incorporated in this paragraph by reference, and 2. This permit is limited to persons having leased violation(s) of said conditions shall be deemed violation(s) shellfish lots and a valid New Jersey Commercial Shellfish of these regulations. All permittees are also required to Harvesting License issued by the New Jersey Division of comply with all other applicable statutes and regulations. Fish and Wildlife. The applicant shall provide a chart delineating the leased grounds from which the shellfish (e) Any permittee violating these regulations or the terms are to be harvested and the leased grounds to which the of N.J.S.A. 58:24-3 by taking shellfish from Condemned shellfish are to be transferred. This chart shall be validat waters in violation of the permit may incur the penalties ed by the appropriate Bureau of Shellfisheries office at prescribed by N.J.S.A. 58:24-9. [n addition, conviction of a Nacote Creek or Bivalve. shellfish violation as provided in NJ.SA 58:24-1 et seq., or N.J.S.A 50:2-1 et seq., shall be adequate cause for the 3. This permit does not supersede current laws, rules suspension and denial of all special permits issued by the and regulations promulgated by this and other agencies of New Jersey Department of Environmental Protection in the State of New Jersey. volving the harvesting of shellfish from the waters of this 4. Records of transfers including harvest lot, quantity State. of shellfISh transferred, date of transfer and transfer lot number shall be maintained for period of not less than 90 EDITOR'S NOTE: Form WR 006 and Permit Number 6 days, and shall be available for inspection by any autho were filed with these rules but is not reproduced herein. rized agent of the State. Further information on lhis form may be obtained from the 5. Lots being planted shall be staked, by the lessee, Department of Environmental Protection, PO Box 405, and maintained in that condition during the effective Leeds Point, NJ 08220. period of the permit. 6. Shellfish transferred to leased lots in Approved or Seasonal Approved waters shall remain upon said transfer lots until written approval to reharvest has been granted by the Department's Bureau of Marine Water Monitor ing. 7. To facilitate compliance with (b}6 above, the per millee shall notify the Bureau of Marine Water Monitor ing by letter after the final transfer to the leased lots has been completed and validated in accordance with (b)2 above. The minimum 3O-day purging period shall begin after the Bureau of Marine Water Monitoring has re ceived written notice of the final transfer date and has determined that the water temperature of the Approved waters have stabilized at or above 10 degrees Celsius (SO degrees Fahrenheit).

Supp. 6-16-03 12-44 Copyrighted materials (annotations) have been removed (blacked out) so that you can share this document freely. Brought to you by Rutgers, the State University of New Jersey, NJAES, Office of Continuing Professional Education (www.cpe.rutgers.edu)

SHELLFISH GROWING WATER CLASSIFICATION 7:12-9.10

7. To facilitate compliance wi th (b)6 above, the per mittee shall notify the Bureau of Marine Water Monitoring by leiter after the final transplanting to a particular leased lot. The minimum 30 day purging period shall begin after the Bureau of Marine Water Monitoring has received writ ten notice of the final transfer date and has detemlined that the water temperature of the Approved waters have stabi lized at or above 10 degrees Celsius (50 degrees Fahren heit). 8. Lots being planted will be staked, by the lessee, and 7: 12-9.10 Transplant program maintained in that condition during the effective period of the special pennit. Transplant lot(s) located in waters that (a) The purpose of Pennit No.7 (Transplant Pennit Seed may be approved during the purging period shall be Oysters andlor Seed Clams) is to allow for the harvest and marked at the comers with Condemned Area signs (sup possession of seed oysters andlor seed clams from waters plied by the Bureau of Marine Water Monitoring) during classified other than Approved for transplanting to leased lOIs the Condemned period. in Approved waters andlor Seasonally Approved waters for purging of pollutants, growth and ultimate marketing after 9. From the time the Transplant Pennit is issued until written release by the Bureau of Marine Water Monitoring. written notification for reharvest is received by the per The purging period will be for a minimum of 30 days at mittee, the transplant lot(s) which appear on the pemlit which the water temperature of the approved waters have sta shall be considered condemned for the harvest of shellfish. bilized al or above 10 degrees Celsius (50 degrees Fahren 10. This special permit shows on its face specific heit) as determined by the Bureau of Marine Watering Moni conditions that are deemed necessary for the proper oper toring. ation of the shellfish transplant program. These penn it con (b) Pennit No.7 shall be valid only under the following ditions are hereby incorporated in this paragraph by refer specific requirements or conditions. Violations may subject ence, and violation(s) of said conditions shall be deemed the holder to prosecution under NJ.S.A. 58.24-3. violation(s) of these regulations. All permittees are also required to comply with all other applicable statutes and I. Species is limited under said pennit to oysters (Cras regulations. sostrea virginica) andlor clams (Mercenaria mercenaria). (c) Any permittee violating these regulations or tenns of 2. This pennit is lim ited to persons having a leased the special transplant permit issued by the Bureau of Marine shellfish lot(s) in Approved waters andlor Seasonally Ap Water Monitoring shall be subject to prosecution under the proved waters and a valid commercial shellfish harvesting provisions of NJ.S.A. 58:24-3, taking shell fi sh from Con license issued by the New Jersey Division of Fish and demned waters in violation of the pennit, and may incur the Wildlife. The applicant shall provide a chan delineating the penalties prescribed by NJ.S.A. 58:24-9. Conviction of a leased grounds to which the shellfish are to be transplanted. shellfish violation as provided in NJ.S.A. 58:24-1 et seq., This chart shall be validated by the appropriate Bureau of and/or N.J.S.A. 50:2- 1 et seq., shall be adequate cause for the Shellfisheries Office at Nacote Creek or Bivalve. Addi suspension and denial of all special pennits issued by the tionally, a chart showing the area from which the she llfish New Jersey Department of Environmental Protection involv are to be harvested shall be provided by the applicant. ing the harvesting of shellfish from the waters of this State. 3. The pennit does not supersede current laws, rules EDITOR'S NOTE: Fonn WR 007 and Pennit Number 7 and regulations promulgated by this and other agencies of were filed wi th these rules but is not reproduced herein. the Stale of New Jersey. Further information on this foml may be obtained from the 4. The pennittee sha ll verbally notify the designated Department of Environmental Protection, PO Box 405, Leeds enforcement unites) 24 hours prior to each day's harvesting Point, NJ 08220. from waters other than Approved. 5. The pennittee shall have this pennit in hi s posses sion while working in specified waters and while trans porting seed oysters taken from specified waters. 6. Seed oysters andlor seed clams transplanted to leased lots in Approved waters andlor Seasonally Ap proved waters shall remain upon said lots until written approval to reharvest has been granted by the Depanment 's Bureau of Marine Water Monitoring.

12-45 Supp. 8-20-07

ENVIRONMENTAL PROTECTION

5. Signs ( I" lettering, ycllow background with dark printing) stating: "CLAMS HARVESTED FROM CON DEMNED WATERS FOR BAIT PURPOSES ONLY. NOT TO BE USED FOR HUMAN CONSUMPTION," shall be promincntly displayed in the permit holder'S estab lishment al the point or sale and the storage arca. 6. Said clams shall remain in a storage area speci fied by the permittee. to preclude their remova l by unauthorized persons. 7. Storage areas which are uscd for the storage of clams harvested from watcrs other tllan Approved shall not be used for the storage of other food products if the latter are to be utilized for human consumption. 8. Records of purchase of said clams, including: har vester's, other bait store 's or depuration/controlled puri fication facility's name, date of purchase, quantity of pur chase, and wholesale sales sha ll be maintained for a period of not less than 90 days and made available for inspection by any authorized agent of the State. 9. Said clams shall not be used or sold as food for human consumption. 10. This pemlit sho ws on its face specific conditions 7: 12-9.11 Possession and/or plant program; bait store that are deemed necessary for the proper operations of the bait store program. These pennil conditions are hereby in (a) The purpose of Pennit No. 8a ("Bait Store Pennit") is corporated in this paragraph by reference and violation(s) to allow sea or surf clams, soft clams and hard clams that of said condi tions shall be deemed violation(s) of these have been harvested from waters other than Approved to be regulations. The permittee is also required to comply with sold, for bait purposes only, by a person other than the all other applicable statutes and regulations. original harvester or depuration/controlled purification plant processor. ED ITOR'S NOTE: Fonn WR 008a and Permit Number 8a were filed with these rules but is not reproduced herein. (b) Penni! No. 8a shall be val id only under the following Funher infonnation on this fonn may be obtained from the specific requirements or conditions. Violation may subject the Depanment of Environmental Protection, PO Box 405, Leeds holder to prosecution under N.J .S.A. 58:24-3. Point, NJ 08220. I. Species limited under said permit to sea or surf clams (Spisula solidissima), soft clams (Mya arenaria) and hard clams (Mercenaria mercenaria). 2, Permittees shall purchase sea or surf clams, soft clams and hard clam. solely from State-permitted har vesters, other bait stores, or depuration/controlled purifica tion faci lities that have been authorized to harvest andlor sell shellfi sh harvested from waters other than Approved. 3. The inclusive dates of the pennit shall be from January I st through December 31st of the same year unless revoked or suspended prior to that date for cause. 4. The yellow lags from holders of Permit No. 2a, 2b andlor 8a that state: "CLA MS HARVESTED FROM CONDEMNED WATERS FOR BAIT PURPOSES ONLY. NOT TO BE USED FOR HUMAN CONSUM P TION. TAG NOT TO BE REMOVED FROM CON TAINER UNT IL CONTA INER IS EMPTY." Name, address, date of sale, and quantity of sale sha ll be printed on tag.

Supp. '8-20-07 12-46

7. To facilitate compliance with (b)6 above, the per mittee shall notify the Bureau of Marine Water Monitoring by letter after the final planting on the leased lot. The minimum 30-day period shall begin after the Bureau of Marine Water Monitoring has received written notice of the final planting date and has detennined that the water temperature of the Approved waters has stabilized at or above 10 degrees Celsius (50 degrees Fahrenheit). 8. From the time the Possession Permit for Seed Oysters is issued until written notification for reharvest is received by the permittee. the transplant lot(s) which ap pear on the permit shall be considered condemned for the harvest of shellfish. Transplant lots located in waters that may be approved during the purging period shall be staked 7:12-9.12 Possession andlor proc:essing plant program; and marked at the comers with Condemned area signs seed oysters (supplied by the Bureau of Marine Water Monitoring) (a) The purpose of Permit No. 8c ("Possession Permit for during the Condemned period. Seed Oysters") is to allow the lessee of shellfish grounds to 9. This permit shows on its face specific conditions that purchase seed oysters harvested in waters classified other are deemed necessary for the proper operation of the than Approved for planting on his leased lots in Approved shellfish transplant program. These permit conditions are waters andlor Seasonally Approved waters for purging of hereby incorporated in this paragraph by reference, and pollutants, growth and ultimate marketing after written re violation(s) of said conditions shall be deemed violation(s) lease by the Bureau of Marine Water Monitoring. of these regulations. All permittees are also required to comply with all other applicable statutes and regu lations. (b) Pennit No. 8c shall be valid only under the following specific requirements or conditions. Violations may subject (c) Any permittee violating these regulations or tenns of the holder to prosecution under NJ.SA 58:24-3. the special transplant pennit issued by the Bureau of Marine Waler Monitoring shall be subject to prosecution under the 1. Species is limited under said permit to oysters provisions of NJ.S.A. 58:24-3, taking shellfish from Con (Crassostrea virginica). demned waters in violation of the permit. and may incur thc 2. This pennit is limited to persons having leased shell penalties prescribed by NJ.S.A. 5 8: 24~9. Conviction of a fish lots in Approved andlor Seasonally Approved waters. shellfish violation as provided in NJ.S.A. 58:24-1 et seq., The applicant shall provide a chart delineating the leased andlor N.J.S.A. 50:2-1 et seq., shall be adequate cause for the grounds upon which the shellfish are to be planted. This suspension and denial of all special permits issued by the chart shall be validated by the appropriate Bureau of New Jersey Department of Environmental Protection Shellfisheries Office at Nacote Creek or Bivalve. involving the harvesting of shellfish from the waters of this State. 3. The harvester from which said seed oysters are purchased shall possess a valid Pennit No.7 issued by the EDITOR'S NOTE: Form WR 008 and Penn it Number 8c Bureau of Marine Water Monitoring. were filed with these rules but is not reproduced herein. Further information on this form may be obtained from the 4. The pennit does not supersede current laws, rules Department of Environmental Protection, PO Box 405, Leeds and regulations promulgated by this and other agencies of Point, NJ 08220. the Stale of New Jersey. 5. Records of purchases including the harvester's name and permit number, date, quantity of purchase, harvest site and transplant lot numbers shall be maintained by the permittee for a period of not less than 90 days and shall be available for inspection by any authorized agent of the State. 6. Seed oysters transplanted to leased lots in Approved waters andlor Seasonal Approved waters shall remain upon said lots until wriuen approval for reharvest has been granted by the Department's Bureau of Marine Water Monitoring.

12-47 Supp.I-3-1I

7:12-9.13 Scientific Collection and Non-Human Consumption Program The Department may continue 10 issue special permits for the collection of sheJlfish from waters classified other than Approved for the purpose of non-human consumption and scientific research, including the restoration of shellfish beds. The Shellfish Resource Recovery Steering Committee shall __ review the application for a scientific collection permit. Fol· lowing this review, the Shellfish Resource Recovery Steering Committee shall make a recommendation regarding the per mit application to the Commissioner of the Department of Environmental Protection or his or her designee. Conditions of the permit will be tailored as necessary to the specific program(s} requested. This permit is issued in conjunction with, and to the holder of, the collection pennil issued by Ihe Division ofFish and Wildlife pursuant 10 authori£), granted al N.l.S.A.23:4-52. __

Supp. 1-3-11 12-48

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