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Terms Used In New Jersey Statutes 23:3-51.15

  • Council: means the Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection. See New Jersey Statutes 23:1-1
  • Fishing: means the possession of an instrument used to take fish in a condition that makes the instrument readily usable, while in a place or in proximity thereto where fish may be found. See New Jersey Statutes 23:1-1
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
17. The commissioner may, with the approval of the New Jersey Marine Fisheries Council, modify the requirements of R.S.23:3-51, R.S.23:3-52, and P.L.2013, c.74 (C. 23:3-51.2 et al.) if such modifications are determined to be necessary either to provide for the optimal utilization of any quotas established for menhaden fishing, or to maintain consistency or State compliance with any menhaden fisheries management plan that has been approved by the Atlantic States Marine Fisheries Commission or any federal fishery management council and adopted by the National Marine Fisheries Service. In particular, upon authorization of the New Jersey Marine Fisheries Council, and in accordance with the provisions of this section, the commissioner may modify the following provisions of law:

a. the qualifications for licensure under R.S.23:3-51, under section 5 or 9 of P.L.2013, c.74 (C. 23:3-51.3 or C. 23:3-51.7), or under section 12 of P.L.2014, c.57 (C. 23:3-51.16), including any fee amounts required for licensure under those sections;

b. the qualifications for the transfer of a license under section 7 of P.L.2013, c.74 (C. 23:3-51.5);

c. the license suspension schedule established by section 15 of P.L.2013, c.74 (C. 23:3-51.13);

d. the specifications applicable to vessel upgrades and replacements, as provided by R.S.23:3-51 or section 7 of P.L.2013, c.74 (C. 23:3-51.5);

e. the reporting requirements established by section 8 or section 10 of P.L.2013, c.74 (C. 23:3-51.6 or C. 23:3-51.8) provided these requirements are consistent with the procedures and methods established pursuant to section 14 of P.L.2014, c.57 (C. 23:3-51.18);

f. the quota allocation formula established by subsection a. of section 13 of P.L.2013, c.74 (C. 23:3-51.11);

g. the season for menhaden fishing established by subsection b. of section 13 of P.L.2013, c.74 (C. 23:3-51.11); or

h. the incidental catch allowance provided by subsection e. of section 13 of P.L.2013, c.74 (C. 23:3-51.11), or the allocation of that incidental catch allowance to the State’s annual quota.

L.2013, c.74, s17; amended 2014, c.57, s.11.

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