OFFICIAL SITE OF THE STATE OF NEW JERSEY

The Bureau of Marine Water Monitoring (BMWM) issues permits for shellfish harvesting in NJ waters, this includes permits for shellfish research, for shellfish restoration and enhancement, for toxins monitoring in shellfish, and for shellfish aquaculture. Apart from shellfish aquaculture, harvesting in Approved waters does not require a permit (although a license may still be required, see Fish and Wildlife’s Bureau of Shellfisheries for more information on shellfish licenses in NJ).

Below are the 4 permits related to commercial aquaculture activities available through the BMWM. According to the BMWM regulations at N.J.A.C. 7:12, shellfish means any species of oysters, clams, mussels, or scallops live in the shell. If you are interested in obtaining a permit, please fill out the consolidated application form available below or contact us.

Commercial Shellfish Aquaculture Permit
Authorizes the growing of shellfish in waters classified as Approved or Conditionally Approved and harvest for direct marketing.  There is no application fee and the turnaround for a complete application is one week.

Permit for the Harvest of Hard Clams or Oysters from Restricted Waters and Relay to Approved Waters
Authorizes harvest of hard clams or oysters from Restricted waters for relay to a relay lease(s) in Approved waters for purposes of reduction of pathogens prior to direct marketing.  There is a $25 application fee and the turnaround for a complete application is one week.

Permit for the Harvest of Seed Oysters and/or Seed Clams from Restricted Waters and Transplant to Approved Waters
Authorizes harvest of seed oysters and/or seed clams from Restricted waters for transplant to a lease(s) in Approved waters for grow-out and reduction of pathogens prior to direct marketing. There is a $25 application fee and the turnaround for a complete application is one week.

Permit for a Hatchery to Produce and Grow Seed or for a Nursery to Grow Seed
Authorizes a hatchery or nursery to produce and/or grow seed at a single site in or using waters classified as other than Approved for sale or for relocation to Approved or Conditionally Approved waters. There is a $25 application fee and the turnaround for a complete application is one week.

For further information about these permits, please visit the Bureau of Marine Water Monitoring’s website.

HOW TO APPLY:
To apply for a permit, please fill out the Consolidated Application for Permits to Harvest Shellfish from Waters within the State of New Jersey

NOW accepting permit applications via email, see below.

• Return the signed application form to bmwm@njdepwptest.net or the address below:
  NJ Department of Environmental Protection
  Bureau of Marine Water Monitoring
  PO Box 405
  Leeds Point, NJ 08220
• Any necessary submittal requirements can be sent to the address above or bmwm@njdepwptest.net (please indicate the name of applicant and the name of the permit when emailing submittal requirements).
• Each application for a permit, other than for the Commercial Shellfish Aquaculture Permit pursuant to N.J.A.C. 7:12-9.15, shall be accompanied by a $25.00 application fee in the form of check or money order made payable to Treasurer, State of New Jersey. There is no fee for the Commercial Shellfish Aquaculture Permit at N.J.A.C. 7:12-9.15 because the activities are conducted in Approved waters and thus are not governed by N.J.S.A. 58:24-3. At this time (Spring 2020), any check or money order should be mailed to the address above.

The specific type of permit necessary for shellfish aquaculture activities under the Coastal Zone Management (CZM) Rules (N.J.A.C. 7:7) depends on the size, scope, location, and/or nature of the activity. Certain common shellfish aquaculture activities that have a minimal impact on coastal resources may qualify for authorization under a permit-by-rule (PBR) or a general permit (GP). More complex activities that do not meet the strict requirements of a permit-by-rule or general permit require authorization under an individual permit.

Permits-by-Rule (PBR)
Permits-by-rule are available only for activities that are extremely minor in scope and have very little impact on coastal resources. No written documentation is required to perform an activity that qualifies for a permit-by-rule, so there is no application or fee. However, each permit-by-rule is tightly restricted with clearly defined limits provided at N.J.A.C. 7:7-4. If the activity does not meet the requirements of the permit-by-rule, then authorization under a general permit or individual permit is required.

• PBR 16 – land-based upwellers and raceways, including intakes and discharges (see N.J.A.C. 7:7-4.16)
• PBR 17 – predator screens and oyster spat attraction devices (see N.J.A.C. 7:7-4.17)
• PBR 18 – deep water shellfish cages (see N.J.A.C. 7:7-4.18)

General Permits (GPs)

Like permits-by-rule, general permits are issued by rule for activities that are expected to have minimal environmental impact. However, as these activities may have a greater impact than activities qualifying for a permit-by-rule, NJDEP staff must review the proposed activity to ensure it meets the requirements of the general permit. The NJDEP then issues a written authorization verifying that the activity qualifies for the general permit. The applicant must submit an application, including an application fee, and provide public notice, but these applications are simpler to prepare and cost less than applications for individual permits. The NJDEP provides a checklist specific to each general permit. The checklists identify all of the information that must be included in the application as well as the appropriate level of detail and the format of the information to be submitted. Provided the application is complete, the timeframe for reviewing a general permit application is 90 calendar days. The NJDEP’s review process for general permit applications is explained at N.J.A.C. 7:7-26. Once issued, the authorization is valid for five years.

• GP 30 – floating upwellers, shellfish rafts, racks and bags, lantern nets, and cages (see N.J.A.C. 7:7-6.30 and the general permit 30 application checklist)
• GP 31 – placement of shell (see N.J.A.C. 7:7-6.31 and the general permit 31 application checklist)

Activities not listed above or that do not comply with the requirements of the above authorizations require an Individual Permit. There is a fee, public notice requirement and review timeframe for these types of authorizations.  Once issued, the permit(s) is valid for 5 years.

Individual Permits

Activities that do not meet the specific requirements of one of the five authorizations listed above will require an individual permit. Individual permits are necessary for activities with the greatest potential to impact coastal resources. They require a more intensive, case-by-case review. There are three types of individual permits that apply to shellfish aquaculture activities, depending on the location of the activity – a waterfront development individual permit, coastal wetlands individual permit and CAFRA individual permit. For an individual permit, the applicant must submit an application including an application fee and public notice. Like the general permits, the NJDEP provides checklists for each type of individual permit application. The checklists identify all of the information that must be included in the application as well as the appropriate level of detail and the format of the information to be submitted. The NJDEP’s review process for individual permits is explained at N.J.A.C. 7:7-7.26. Once issued, an individual permit is valid for five years.

All permit applications must be submitted electronically through the submission system at https://njdeponline.com. Follow the registration process and create an account. To apply, select the service “Apply for a Land Use Permit or Authorization.” For more information on submitting an electronic application, visit https://nj.gov/dep/landuse/eservices/lur_auth_permits.html.  If you have any questions, please call NJDEP Division of Land Resource Protection at (609) 777-0454

Tidelands License

A tidelands license is a rental agreement that allows an individual person or entity to occupy and/or use lands that are currently or formerly flowed by the mean high tide, which are state-owned lands held in trust for the public.

For shellfish aquaculture activities, licenses are required only for structural aquaculture, which includes the placement of structures, gear, or equipment, such as rebar racks, high density bags, cages, and floats used to contain and grow shellfish. To receive a license, a permit must first be obtained from the Division of Land Resource Protection for all structures, gear, and/or equipment.

Tidelands licenses for shellfish aquaculture activities are valid for seven years and have a $100 application fee as well as an annual fee. The annual fee will depend on the size of the license area, but the minimum is $100.

For more information regarding tidelands licenses for shellfish aquaculture activities, including application requirements, see the shellfish aquaculture licensing policy.