7:12-9.5 Bait program; soft clams and/or hard clams
(a) The purpose of Permit No. 2b ("Soft Clam and/or Hard Clam Bait Permit") is to allow a depuration/controlled purification facility holding Permit Nos. 8b and/or 10 to sell, for bait purposes only, unmarketable soft clams and/or hard clams that have been damaged during harvesting or depuration/controlled purification processing.
(b) Permit No. 2b shall be valid only under the following specific requirements or conditions. Violation may subject the holder to prosecution under N.J.S.A. 38:24-3.
1. Species limited under said permit to soft clams (Mya arenaria) and hard clams (Mercenaria mercenaria).
2. The inclusive dates of the permit 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.
4. The harvester shall possess a valid commercial shellfish harvesting license issued by the New Jersey Division of Fish, Game and Wildlife.
5. Harvesting from the specified Special Restricted and Seasonal Special Restricted waters may be permitted Monday through Sunday of each week and the hours limited as conditions of the harvester's permit.
6. Areas such as walk-in boxes, truck bodies, etc., which are used for storage of shellfish harvested from Special Restricted and Seasonal Special Restricted Areas, shall not be used for storage of other food products if such food products are to be utilized for human consumption.
7. Areas such as walk-in boxes, truck bodies, etc., which are used for the storage of shellfish harvested from the Condemned Special Restricted area, shall not be used for storage of other food products if such food products are to be utilized for human consumption.
8. Signs (1" lettering, yellow background with dark printing) stating: "CLAMS HARVESTED FROM CONDEMNED 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 not less than 90 days, and shall 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 clams from Condemned Special Restricted waters shall not be used or sold as food for human consumption.
12. This permit shows on its face specific conditions that are deemed necessary for the proper operations of the Soft Clam and Hard Clam Bait Programs. These permit conditions are hereby incorporated in this paragraph by reference, and violation(s) of said conditions shall be deemed violation(s) of these regulations. The permittee also required to comply with all other applicable statutes and regulations.
EDITOR'S NOTE: Form WR 002b was filed with these rules but is not reproduced herein. Further information on this form may be obtained from the Department of Environmental Protection, PO Box 405, Leeds Point, NJ 08220.
Amended by R. 1980 d. 230, effective May 23, 1980. See: 12 N.J.R. 189(b), 12 N.J.R. 391(a). Amended by R. 1983 d. 249, effective June 20, 1983. See: 15 N.J.R. 595(a), 15 N.J.R. 1020(a). (b)4: "commercial" added, (b)12: "and 11" added. Amended by R. 1985 d. 64, effective February 19, 1985. See: 16 N.J.R. 3112(a), 16 N.J.R. 3379(8), 17 N.J.R. 433(a). Section substantially amended. Recodified by R. 1990 d. 548, effective November 19, 1990. See: 22 N.J.R. 97(a), 22 N.J.R. 3508(a). Text on depletion program recodified to 9.6; text on bait programs for soft/hard shell clams recodified from 9.4. Amended by R. 2003 d. 242, effective June 16, 2003. See: 34 N.J.R. 3903(a), 35 N.J.R. 2654(a). Amended the address in the Editor's Note.