44 N.J.R. 1973(a)
NEW JERSEY REGISTER
Copyright © 2012 by the New Jersey Office of Administrative Law
VOLUME 44, ISSUE 14
ISSUE DATE: JULY 16, 2012
RULE ADOPTIONS
ENVIRONMENTAL PROTECTION
DIVISION OF FISH AND WILDLIFE
44 N.J.R. 1973(a)
N.J.A.C. 7:25-14.13, 14.15, 18.1, and 18.12
Notice of Administrative Changes
Marine Fisheries
Modification of Lobster Season, Size Limits, and V-notching Requirements;
Take notice that, pursuant to N.J.A.C. 7:25-14.19, 7:25-18.1(p), and 7:25-18.12(o), the Commissioner of the Department of Environmental Protection, with the approval of the New Jersey Marine Fisheries Council (Council) at its May 10, 2012 meeting, has modified the season and size limits and instituted a v-notching program for American lobster, and has also modified the recreational season for black sea bass, the commercial season for tautog, the recreational season and possession limits for tautog, and the fillet requirements for Spanish mackerel, and established commercial regulation consistency with Federal requirements applicable to Spanish mackerel, spotted seatrout, and spot fisheries. These actions have been taken to comply with the Atlantic States Marine Fisheries Commission (ASMFC) management plans for American lobster, black sea bass, tautog, and the South Atlantic species complex (Spanish mackerel, spot, and spotted seatrout).
At its November 9, 2011 meeting, the ASMFC American Lobster Management Board (Board) approved Addendum XVIII to the American lobster Fishery Management Plan. The addendum is the first phase to begin rebuilding the Southern New England American Lobster stock due to continued low levels of abundance and persistently low recruitment. The addendum requires a 10 percent reduction in lobster harvest by all fishing sectors and all gear types. At its February 8, 2012 meeting, the Board approved the New Jersey proposal to reduce harvest in Lobster Management Areas (LMA) 4 and 5. The plan changes to achieve the mandatory 10 percent reduction include implementation of a mandatory v-notch program of all females with eggs attached coupled with a closed season from February 1 through March 31, inclusive. V-shaped notches are made in the tail flipper of egg-bearing female lobsters. Once notched, a mature female lobster cannot subsequently be harvested as long as the notch remains identifiable (greater than or equal to 1/8 of an inch) regardless of whether eggs are present at the time of harvest. This serves as a conservation measure assuring larger sized female lobsters are protected from harvest through subsequent molts, approximately two to four years. While the closed season will not be effective until the 2013 season, in order to achieve the 10 percent reduction required, the v-notching must be implemented during 2012 to ensure New Jersey fishermen encounter enough egg bearing females to achieve the fractional reduction required in the plan. The v-notching requirement is reflected at N.J.A.C. 7:25-14.15(b). In order to allow for seasonal closure compliance to be achieved in as undisruptive a manner as possible, the ASMFC plan allows lobster fishermen a two-week period to remove traps after the season is closed and also allows them to begin to place traps back in the water during the week prior to the season reopening. However, no lobsters may be harvested during this period. This change is reflected at N.J.A.C. 7:25-14.15(c).
In addition to the v-notching requirement and institution of the closed season, the Board approved an increase in the minimum gauge size of lobsters allowed to be harvested from 3 1/2 inches to 3 17/32 inches in LMA 3 (see N.J.A.C. 7:25-14.13(b)). Also in LMA 3, the Board required states to implement the maximum size limit of 6 3/4 inches; the same maximum size limit required in Federal waters (see N.J.A.C. 7:25-14.13(c)). The cumulative result of these changes to N.J.A.C. 7:25-14.13 and 14.15 is anticipated to be achievement of the required 10 percent reduction in harvest from LMAs 3, 4, and 5.
These changes are reflected in the Division of Fish and Wildlife rules at N.J.A.C. 7:25-14.13(b) and (c), 14.15(b) and (c), 18.1(c) and (f), and 18.12(t) as indicated below. As required in N.J.A.C. 7:25-18.1(p), in addition to this publication in the New Jersey Register, changes to N.J.A.C. 7:25-18.1(c) have been published in the New Jersey Fish and Wildlife Digest and forwarded via a news release to individuals on the Division of Fish and Wildlife's outdoor writers mailing list. As required in N.J.A.C. 7:25-18.12(o), changes to N.J.A.C. 7:25-18.12(c) are being published in the New Jersey Register.
Full text of the changed rules follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
7:25-14.13 Size of lobster taken
(a) (No change.)
(b) A person fishing in the Atlantic States Marine Fisheries Commission (ASMFC) Lobster Management Area (LMA) 3 or that has a designated Lobster Management Area 3 for fishing on their Federal Fisheries Permit or State Lobster Pot Permit shall not take, land, have in his or her possession, sell or offer to sell any American lobster with a length measured in (a) above that is less than the length listed below after the dates stipulated:
After Minimum Size (inches)
July 1, 2005 3 13/32
July 1, 2006 3 7/16
July 1, 2007 3 15/32
July 1, 2008 3 1/2
January 1, 2013 3 17/32
(c) A person fishing in ASMFC Lobster Management Area 3, 4 and/or 5 or that has designated Lobster Management 3, 4 and/or 5 for fishing on their Federal Fisheries or State Lobster Pot Permit shall not take, land, have in his or her possession, sell or offer for sale any American lobster with a length as measured in (a) above that is greater than the length listed below after the dates stipulated.
ASMFC Lobster Management Dates Maximum Size (inches)
Area
LMA 3 after July 1, 2012 6 3/4
LMA 4 after July 1, 2002 5 1/4
LMA 5 after July 1, 2004 5 1/4
(d)-(h) (No change.)
7:25-14.15 Prohibitions
(a) (No change.)
(b) Effective July 1, 2012, all commercial lobster permit holders authorized to fish in LMA 4 and/or 5 must, prior to discarding, apply a v-shaped notch in the base of the tail flipper of each egg-bearing female American lobster. The v-shaped notch must be at least 1/4 inch deep and placed in the base of the pelvic flipper immediately to the right of the center flipper as viewed from the back of the lobster.
(c) A person fishing in ASMFC Lobster Management Area (LMA) 4 and/or 5 or that has designated LMA 4 and/or 5 for fishing on their Federal Fisheries or State Lobster Pot Permit shall not take or attempt to take, land, have in his or her possession, sell, or offer to sell any American lobster during the closed season of February 1 through March 31, inclusive. During the closed season, no dealer shall accept, have in his or her possession, buy or offer to buy, sell, or offer to sell any American lobster harvested from LMA 4 and/or 5. During the closed season, all lobster traps in LMA 4 and/or 5 must be removed from the water. However, a licensee shall have a two-week period from when the season closes to accomplish removal of all lobster traps. In addition, lobster traps may be set one week prior to the season reopening. If the license holder is harvesting other species with lobster trap gear, the lobster trap gear does not need to be removed; however, it shall be tended at least every 30 days.
Recodify existing (b) and (c) as (d) and (e) (No change in text.)
(Edited for lobster content.)
