New Jersey § 23:3-51

§ 23:3-51.

a. (1) The annual State menhaden catch quota shall be established by the Atlantic

States Marine Fisheries Commission. The commissioner , or the commissioner's designee, may request a quota transfer from other states or regions, in accordance with the

administrative procedure outlined by the Atlantic States Marine Fisheries Commission. (2) The commissioner , or the commissioner's designee, shall divide and allocate the annual State menhaden catch quota as provided in this

paragraph. The annual New Jersey menhaden bait quota shall be divided among the various gear

types, with the purse seine fishery being allocated 95 percent of the quota, and pound

nets, wire pound nets, gill nets, trawls, bait nets, and other authorized gear being

allocated the remaining five percent, combined. If the quota for any gear type is exceeded, the overharvested amount shall be deducted

from the following year's quota. b. The season for fishing and landing menhaden in the State shall be: (1) January 1 to December 31 for licensees taking menhaden, or landing menhaden taken,

by purse seine; (2) January 1 to December 31 for licensees taking menhaden, or landing menhaden taken,

by gill net; (3) January 1 to December 31 for licensees taking menhaden, or landing menhaden taken,

by pound net or wire pound net; (4) January 1 to December 31 for licensees taking menhaden, or landing menhaden taken,

by trawl; (5) January 1 to December 31 for licensees taking menhaden, or landing menhaden taken,

by bait net; and (6) January 1 to December 31 for licensees taking menhaden, or landing menhaden taken,

by other authorized gear not otherwise specified in this subsection. c. No person who intends to take menhaden with a purse seine or shirred net shall

fish for menhaden in the State: (1) on a Saturday or Sunday; (2) on the days on which a public holiday is officially observed by the State, as

declared pursuant to R.S.36:1-1 ; or (3) at any time, except during the hours from sunrise to sunset. d. (1) The commissioner , or the commissioner's designee, shall close the menhaden season in the State, for each respective gear type, by giving

not less than two days' notice of the projected date that the year's quota for that

gear type will be landed. (2) If the menhaden season is closed prematurely, the commissioner may reopen the

season for a specified period of time, upon no less than two days' notice. (3) Any notice required pursuant to this subsection shall be made available for public

viewing on the department's Internet website, and shall be issued electronically,

via e-mail, to all the holders of a Menhaden Purse Seine Fishing Vessel License, a

Menhaden Purse Seine Fishing Vessel Operator's License, a Menhaden Landing License,

a Menhaden Personal Use and Limited Sale License, and a Menhaden Dealer License. Each such licensee shall be required, at the time of licensure, to provide the commissioner

with their e-mail address, in order to facilitate the provision of notice pursuant

to this section. e. If the season for a particular gear type is closed because the quota amount allocated

to that gear type has been harvested and landed: (1) the holder of a Menhaden Landing

License for that gear type or the holder of a Menhaden Personal Use and Limited Sale

License may continue to land an incidental catch as provided by the Atlantic States

Marine Fisheries Commission Fishery Management Plan for Atlantic Menhaden; and (2)

the holder of a Menhaden Dealer License may continue to accept an incidental catch

from the holder of a Menhaden Landing License or the holder of a Menhaden Personal

Use and Limited Sale License, as provided by the Atlantic States Marine Fisheries

Commission Fishery Management Plan for Atlantic Menhaden. The incidental catch allowance authorized by this subsection shall be applied to

the annual menhaden catch quota as provided by the Atlantic States Marine Fisheries

Commission Fishery Management Plan for Atlantic Menhaden. f. (1) Within 60 days after the enactment of P.L.2019, c. 503, the commissioner, or the commissioner's designee, shall establish an individual transferable

quota system for the menhaden purse seine fishery. To qualify to receive an allocation under the ITQ system established pursuant to

this subsection, a vessel and its owner or operator shall hold, prior to the date

of enactment of P.L.2019, c. 503, a valid Menhaden Landing License for the menhaden purse seine fishery. Each ITQ shall be allocated based upon a qualified vessel's rounded percentage share

of the average of its menhaden landings in 2014 through 2018, inclusive, except that

no qualified vessel shall be allocated an ITQ in an amount less than 200,000 pounds

in the initial allocation. After the initial allocation pursuant to this paragraph: (a) the percentage of

quota for the menhaden purse seine fishery established for each ITQ holder shall remain

static; and (b) each ITQ holder's individual poundage quota shall increase or decrease

based on the overall menhaden purse seine fishery quota allocated to the State and

the ITQ holder's fixed percentage of that allocation. The commissioner, or the commissioner's designee, shall notify, in writing, each

owner or operator of a qualified vessel of their ITQ established pursuant to this

paragraph. (2) The owner of a qualified vessel may transfer all or part of the vessel's ITQ to

another qualified vessel, on a temporary or permanent basis, upon approval by the

commissioner or the commissioner's designee. (3) A ITQ holder who does not harvest, or transfer to be harvested pursuant to paragraph

(2) of this subsection, a minimum of 80 percent of the holder's quota for two consecutive

years may, at the discretion of the commissioner or the commissioner's designee, have

the quota redistributed to the remainder of the ITQ holders using the calculation

set forth in paragraph (1) of this subsection. (4) If upon the date of enactment of P.L.2019, c. 503, the menhaden purse seine fishery is open for the 2019 fishing season and all qualified

vessels have harvested less than their individual allocation for the 2019 fishing

season as calculated pursuant to paragraph (1) of this subsection, each qualified

vessel shall be subject to their individual ITQ established pursuant to paragraph

(1) of this subsection for the remainder of the 2019 fishing season. (5) No later than ten years after the date of enactment of P.L.2019, c. 503, the commissioner, or the commissioner's designee, shall conduct an assessment of

the ITQ system established pursuant to this subsection and send a written report of

the assessment, including any recommendations for legislative action if deemed appropriate,

to the Chairperson of the Senate Environment and Energy Committee and the Assembly

Agriculture and Natural Resources Committee, or their successors. (6) As used in this subsection, “ ITQ ” means an individual transferable quota as allocated pursuant to this subsection.