Commercial Shellfish Leasing on the Atlantic Coast
The Bureau of Marine Habitat and Shellfisheries encourages you to talk and work with Bureau staff early and often to streamline the process and avoid confusion. Staff members have access to all appropriate leasing records and staff members will be available to assist leaseholders through the process of obtaining a lease, lease renewal, and transfer.
How to Obtain a Lease:
- Review the current Shellfish Aquaculture Leasing Policy of the Atlantic Coast Section of the New Jersey Shellfisheries Council
- We encourage you to call the appropriate regional office.
- As per the Policy, you may examine an area of interest, with the proper permission to inspect, to confirm physical factors like water depth, bottom type, ease of access, etc. are all appropriate for your intended culture activity and operation.
- Additional Resource: GIS-Based Tool for Spatial Planning of Shellfish Aquaculture in New Jersey
- Apply in person at the Nacote Creek Research Station located at 360 N. New York Rd (Rt. 9) Port Republic, NJ 08241. Applications cannot be submitted online.
- Please note that only one lease application for an individual may be pending at a time, and there is a 2 acre maximum per application.
- When you apply for a lease, you must already have in your possession a Commercial Shellfish License and have completed the Harvester Training.
- The applicant must stake the proposed lease corners within six months of submitting the application. If the lease is not staked within six months, the application will be cancelled and will revert to open bottom.
- A biological assessment of the lease is required before a lease application is considered by Council per N.J.A.C. 7:25-24. The Bureau of Shellfisheries is required to perform a biological investigation to assess the area’s natural productivity. Leases are not typically issued in areas deemed to be naturally productive. This process facilitates aquaculture development while also ensuring that naturally productive areas remain available for the public.
- The biological assessment will not be completed until the ground applied for is staked and applicant notifies the Bureau. Please note that the application and biological fees are nonrefundable.
- The Atlantic Coast Section of the New Jersey Shellfisheries Council will review the lease application over the course of two consecutive Council meetings.
- Please note that the applicant must attend at least ONE of these meetings for the Council to render a final decision. If the applicant does not attend either meeting the application will be cancelled. The applicant will be notified by mail advising when the application will be discussed by the Council. Please note that the application fees are nonrefundable
- Sign a lease agreement
- Pay annual lease fees
- Pay hydrographic survey fees
Signing of the lease agreement and payment must be completed in person at the appropriate shellfish office.
Please note the Commissioner will have to formally approve the Council’s decision and sign the lease agreement.
Once all the above steps are complete, a Commercial Shellfish Lease is issued to the applicant. The Bureau of Shellfisheries will update all appropriate records and Bureau staff members will be available to assist leaseholders if they have questions regarding lease renewals and transfers.
Please be advised that even though a shellfish lease grants the leaseholder exclusive rights to the bottom for the planting, cultivating, and harvest of shellfish, a commercial shellfish aquaculture permit is required from the Bureau of Marine Water Monitoring for the growing of shellfish in waters classified as Approved or Conditionally Approved and harvest for direct marketing.
Please visit the Permitting Guidance page for more information on the various types of permits required for shellfish aquaculture depending on activity and culture methods.
Overview of Commercial Shellfish Leasing in New Jersey
ATLANTIC COAST | DELAWARE BAY (Non- ADZ) | OFF-SHORE ADZ's | NEAR-SHORE ADZ's | |
---|---|---|---|---|
Contact Office | Nacote Creek Research Station | Delaware Bay Office | Delaware Bay Office | Delaware Bay Office |
Office Hours | More Info | More Info | More Info | More Info |
Primary Contact |
Megan Swain 609-748-2020 |
Alissa Wilson 856-785-0730 |
Alissa Wilson 856-785-0730 |
Alissa Wilson 856-785-0730 |
Lease Policy Available |
Yes | Yes | *No | *No |
Lease Application Fee |
$250.00 | $250.00 | $250.00 |
$2,000 per 3-acre lease |
Is a License Required Prior to Obtaining a Lease? |
Yes, Commercial Shellfish License |
No, but a license is required for the harvest and sale of product |
Yes, Commercial Shellfish License |
Yes, Commercial Shellfish License |
Biological Assessment |
$15.00 (if applicable) | N/A | N/A | N/A |
Annual Renewal Fees (Lessee Renewal Fee + Lease Fee) |
Per Entity: $100.00 + Annual Lease Fee: $2 per acre or 100 linear foot ($5 min.) |
Per Entity: $100.00 + Annual Lease Fee: $0.50 per acre |
Per Entity: $100.00 + Annual Lease Fee: $10.00 per acre |
Per Entity: $100.00 + Annual Lease Fee: $100.00 per acre |
Hydrographic Survey | $30 per corner | $30 per corner | N/A | N/A |
Lease Transfer |
$5.00 per lease, $1.00 per additional lease (i.e. 3 leases = $7.00) |
$5.00 per lease, $1.00 per additional lease (i.e. 3 leases = $7.00) |
Non-Transferable | Non-Transferable |
Is Staking Required | Yes, see 7:25-24.10 | Yes, see 7:25-13.1 | Yes, see 7:25-13.1* | Yes, see 7:25-13.1* |
Shellfisheries Council Approval Required? |
Yes | Yes | Yes | Yes |
The Bureau of Shellfisheries encourages you to talk and work with Bureau staff early and often to streamline the process and avoid confusion. Staff members have access to all appropriate leasing records and staff members will be available to assist leaseholders through the process of obtaining a lease, lease renewal, and transfer.
Please refer to the table below for a general overview of the shellfish leasing program.
Lease Renewal:
A Commercial Shellfish Lease must be renewed by December 31st each calendar year at the appropriate regional office. Renewal paperwork is available each year by mid-October (For example, to renew a lease for 2024, a lease renewal must be signed and paid for by December 31, 2023).For the Atlantic Coast Region, renewals are accepted in person at the Nacote Creek Research Station, which is located at 360 N. New York Rd (Rt. 9) Port Republic, NJ 08241.
Fees: $2.00 per acre (or if applicable, $2.00 per 100 linear feet of shoreline), with a minimum of $5.00 for any lessee, plus a $100.00 annual renewal fee applied per entity.
Overview of Commercial Shellfish Leasing in New Jersey
ATLANTIC COAST | DELAWARE BAY (Non- ADZ) | OFF-SHORE ADZ's | NEAR-SHORE ADZ's | |
---|---|---|---|---|
Contact Office | Nacote Creek Research Station | Delaware Bay Office | Delaware Bay Office | Delaware Bay Office |
Office Hours | More Info | More Info | More Info | More Info |
Primary Contact |
Megan Swain 609-748-2020 |
Alissa Wilson 856-785-0730 |
Alissa Wilson 856-785-0730 |
Alissa Wilson 856-785-0730 |
Lease Policy Available |
Yes | Yes | *No | *No |
Lease Application Fee |
$250.00 | $250.00 | $250.00 |
$2,000 per 3-acre lease |
Is a License Required Prior to Obtaining a Lease? |
Yes, Commercial Shellfish License |
No, but a license is required for the harvest and sale of product |
Yes, Commercial Shellfish License |
Yes, Commercial Shellfish License |
Biological Assessment |
$15.00 (if applicable) | N/A | N/A | N/A |
Annual Renewal Fees (Lessee Renewal Fee + Lease Fee) |
Per Entity: $100.00 + Annual Lease Fee: $2 per acre or 100 linear foot ($5 min.) |
Per Entity: $100.00 + Annual Lease Fee: $0.50 per acre |
Per Entity: $100.00 + Annual Lease Fee: $10.00 per acre |
Per Entity: $100.00 + Annual Lease Fee: $100.00 per acre |
Hydrographic Survey | $30 per corner | $30 per corner | N/A | N/A |
Lease Transfer |
$5.00 per lease, $1.00 per additional lease (i.e. 3 leases = $7.00) |
$5.00 per lease, $1.00 per additional lease (i.e. 3 leases = $7.00) |
Non-Transferable | Non-Transferable |
Is Staking Required | Yes, see 7:25-24.10 | Yes, see 7:25-13.1 | Yes, see 7:25-13.1* | Yes, see 7:25-13.1* |
Shellfisheries Council Approval Required? |
Yes | Yes | Yes | Yes |
The Bureau of Shellfisheries encourages you to talk and work with Bureau staff early and often to streamline the process and avoid confusion. Staff members have access to all appropriate leasing records and staff members will be available to assist leaseholders through the process of obtaining a lease, lease renewal, and transfer.
Please refer to the table below for a general overview of the shellfish leasing program.
Lease Transfer:
- First, contact the Bureau of Shellfisheries at the appropriate office to request an application for transfer. Staff will begin the paperwork required prior to signature and contact applicants with next steps.
- An Assignment of Lease form must be signed at the Nacote Creek Research Station located at 360 N. New York Rd (Rt. 9) Port Republic, NJ 08241. Forms cannot be submitted online.
- Please note, a lease cannot be transferred within the first full year of acquisition.
- Both the current leaseholder and the person receiving the lease must sign the transfer document in person at the Nacote Creek Research Station
- It is recommended that you call ahead to 609-748-2040 to schedule an appointment to conduct a lease transfer.
- A fee of $5.00 will be charged for the first lease to be transferred and an additional $1.00 will be charged for each additional lease, per each transaction.
- Example: the cost to transfer three leases from party A to part B would cost $7.00 (i.e., $5, $1, and $1 = $7).
- Once the transfer paperwork has been signed by both parties and transfer fees paid the transfer will be reviewed by the Atlantic Coast Section of the NJ Shellfisheries Council for a final decision.
- Please note that it is not required for either party to attend the Council meeting for Council decision on transfers.
- The party receiving the lease will be required to sign a new lease agreement for that year and pay the annual lease fees for each transferred lease. Please be advised that even though a shellfish lease grants the leaseholder exclusive rights to the bottom for the planting, cultivating, and harvest of shellfish, a commercial shellfish aquaculture permit is required from the Bureau of Marine Water Monitoring for the growing of shellfish in waters classified as Approved or Conditionally Approved and harvest for direct marketing. Please visit the Permitting Guidance page for more information on the various types of permits required for shellfish aquaculture depending on activity and culture methods.
Overview of Commercial Shellfish Leasing in New Jersey
ATLANTIC COAST | DELAWARE BAY (Non- ADZ) | OFF-SHORE ADZ's | NEAR-SHORE ADZ's | |
---|---|---|---|---|
Contact Office | Nacote Creek Research Station | Delaware Bay Office | Delaware Bay Office | Delaware Bay Office |
Office Hours | More Info | More Info | More Info | More Info |
Primary Contact |
Megan Swain 609-748-2020 |
Alissa Wilson 856-785-0730 |
Alissa Wilson 856-785-0730 |
Alissa Wilson 856-785-0730 |
Lease Policy Available |
Yes | Yes | *No | *No |
Lease Application Fee |
$250.00 | $250.00 | $250.00 |
$2,000 per 3-acre lease |
Is a License Required Prior to Obtaining a Lease? |
Yes, Commercial Shellfish License |
No, but a license is required for the harvest and sale of product |
Yes, Commercial Shellfish License |
Yes, Commercial Shellfish License |
Biological Assessment |
$15.00 (if applicable) | N/A | N/A | N/A |
Annual Renewal Fees (Lessee Renewal Fee + Lease Fee) |
Per Entity: $100.00 + Annual Lease Fee: $2 per acre or 100 linear foot ($5 min.) |
Per Entity: $100.00 + Annual Lease Fee: $0.50 per acre |
Per Entity: $100.00 + Annual Lease Fee: $10.00 per acre |
Per Entity: $100.00 + Annual Lease Fee: $100.00 per acre |
Hydrographic Survey | $30 per corner | $30 per corner | N/A | N/A |
Lease Transfer |
$5.00 per lease, $1.00 per additional lease (i.e. 3 leases = $7.00) |
$5.00 per lease, $1.00 per additional lease (i.e. 3 leases = $7.00) |
Non-Transferable | Non-Transferable |
Is Staking Required | Yes, see 7:25-24.10 | Yes, see 7:25-13.1 | Yes, see 7:25-13.1* | Yes, see 7:25-13.1* |
Shellfisheries Council Approval Required? |
Yes | Yes | Yes | Yes |