New Jersey Lobster Rules
New Jersey Change of Lobster Rules - New Jersey Register - August 19, 2002 SUBCHAPTER 14. CRAB AND LOBSTER MANAGEMENT 7:25-14.13 Size of lobster taken (a) A person shall not take from the marine waters of this State by any means, import, export, offload at any port, have in his or her possession, buy, sell or offer to buy or sell, any American lobster of the genus and species Homarus americanus, which when measured from the rear end of the eye socket along a line parallel to the center line of the body shell to the rear end of the body shell is less than the lengths listed below after the dates stipulated. PROPOSALS ENVIRONMENTAL PROTECTION After Minimum Size (Inches)*[(Amendment Effective Date)] 3 1/4 August 19, 2002 *July 1, 2002 3 5/16 July 1, 2003 3 11/32 July 1, 2004 3 3/8 (b) A person fishing in Atlantic States Marine Fisheries Commission (ASMFC) Lobster Management Area (LMA) 3 or that has 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 as measured in (a) above that is less than the length listed below after the dates stipulated: After Minimum Size (inches) July 1, 2005 313/32 July 1, 2006 37/16 July 1, 2007 315/32 July 1, 2008 31/2 (c) A person fishing in ASMFC Lobster Management Area 4 and/or 5 or that has designated Lobster Management Area 4 and/or 5 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 female 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 Area Dates Maximum Size (Inches) LMA 4 after July 1, 2002 51/4 LMA 5 after July 1, 2004 51/2 (d) A person shall not import, export, have In his or her possession, buy, sell or offer to buy or sell any American lobster that does not comply with the size limits for the Lobster Management Areas as stipulated in (a) through (c) above. (CITE 34 N.J.R. 3002) NEW JERSEY REGISTER, MONDAY, AUGUST 19, 2002 (e) The maximum *[and minimum]* size limits stipulated in *[(a), (b) and]* (c) above do not apply to the recreational harvest of American lobster. The minimum size limit for American lobster harvested for recreational purposes shall *[be 31/4 inches]* comply with those stipulated in (a) above * and shall not be sold, offered for sale or bartered. NEW JERSEY REGISTER, MONDAY, AUGUST 19, 2002 (CITE 34 N.J.R. 3003) ADOPTIONS ENVIRONMENTAL PROTECTION N.J.A.C. 7:25-14.13 10. COMMENT: A commenter believes it is unnecessary to increase the size limit of lobster, Another commenter also opposed the increase in the lobster minimum size and recommended v-notching as a conservation measure, (5, 30) RESPONSE: The proposed increase in the minimum size limits for lobster were developed through industry participation in the Atlantic States Marine Fisheries Commission’s Lobster Conservation and Management Teams (LCMT) for Lobster Management Areas 3, 4 and 5, New Jersey representatives to the LCMT’s from the lobster pot fishery reviewed all available management options to determine how best to increase egg production so as to minimize the risk of stock depletion. These New Jersey representatives supported the minimum size increases as proposed. Existing regulations protecting v-notched female lobsters also serve to increase egg production, but these regulations alone are not sufficient to prevent stock depletion. ii. COMMENT: The requirement to notify the State of the designated lobster areas appears to be redundant. When Federal lobster permits are renewed each year. The designation is clearly printed on the permit. (5) RESPONSE: The requirement for State Lobster Pot Permittees to report to the Department which Lobster Management Area (LMA) that the permittee intends to fish is necessary to determine which lobster size limits apply to the permitted vessel. The provision allows the permittee the flexibility to change LMA designations at any time during the year. Some New Jersey fishermen can qualify to fish lobster pots without possessing a Federal lobster permit. Because every State Lobster Pot Permittee is not required to possess a Federal lobster permit, having LMA’s designated on both Federal and State permits is not redundant. 12. COMMENT: The New Jersey Council of Diving Clubs supports the proposed minimum size increase for lobster for the commercial fishery but also recommends increasing the minimum size for lobster for the recreational fishery as well to match the minimum size limit for the commercial fishery. The sport diving industry is adamantly opposing a maximum size limit on lobster taken recreationally. (7, 32) RESPONSE: The Department appreciates the commenters’ support for a minimum size limit increase for both the recreational and commercial lobster fishery. Recognizing that the New Jersey Council of Diving Clubs represents 21 diving clubs with average membership of 75 individuals per club (approximately 1,575 total individuals), the Department is revising on adoption the rule at N.J.A.C. 7:25-14.13(e) so that the minimum size requirements are the same for both recreational and commercial lobster fishermen. This new uniformity in minimum size limits will increase protection for small lobsters and enhance enforcement capabilities, both measures adding to the conservation of the lobster resource. The Department also appreciates the commenters' regarding the imposition of a maximum size limit for lobster; however, recreational lobstermen will not be impacted by the adoption of a maximum size limit for lobster since the newly adopted maximum size limit only applies to the commercial lobster fishery. 13. COMMENT: The New Jersey Council of Diving Clubs does not object to the provision that would prohibit the sale of lobster taken by recreational harvest, (7) RESPONSE: The Department appreciates the sport diving industry’s support for the no sale provision for lobster taken through recreational methods. NEW JERSEY REGISTER, MONDAY, AUGUST 19, 2002 (CITE 34 N.J.R. 2997) |
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American lobsters taken by otter trawl are limited to 100 lobsters per day up to a maximum of 500 lobsters per trip (a federal permit is needed). Lobsters taken by any other gear or method other than pot, trap or otter trawl are limited to a daily possession limit of 6 lobsters.
The possession at sea or the landing of lobster parts or any whole lobster damaged to the extent that its carapace length cannot be determined is prohibited. The taking or possession of female lobsters with eggs attached or from which eggs have been removed is prohibited. The taking or possession of female lobsters with a v-notched tail is prohibited. The use of any spear, gig, gaff or other penetrating device is prohibited.
All lobsters are measured by the "boat gauge"
Lobster Minimum Size -- carapace (rear of eye socket to rear of body shell) -- 3 1/4"
6th tail segment -- 1 1/16"
The following are excerpts from the New Jersey Register (31 N. J. R. 541) published on 2/16/99:
7:25-14.1 Definitions
7:25-14.13 Size of lobster taken
7:25-14.14 Lobster possession limits
7:25-14.15 Prohibitions
7:25-14.18 Penalties
| Main Office NJ Division of Fish, Game & Wildlife PO Box 400 Trenton, NJ 088625-0400 | General Information -- 609-292-2965 Marine Fisheries -- 609-292-2083 Shell fisheries -- 609-984-5546 Law Enforcement -- 609-292-9430 |
Holders of the Federal Lobster Permit should check with the appropriate agencies.
New Jersey Council of Diving Clubs, PO Box 585, Manasquan, NJ 08736-0585