OFFICIAL SITE OF THE STATE OF NEW JERSEY

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

• Return the signed application form to bmwm@njdepwptest.net or the address below:

NJ Department of Environmental Protection
Bureau of Marine Water Monitoring
929 Stoney Hill Road
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.
• For more information on shellfish permits please click the Permit Information panel below and see N.J.A.C. 7:12-9 (available at the Department’s Rules and Regulations website).
• Any person whose permit application is denied may request an adjudicatory hearing in accordance with N.J.A.C. 7:12-9.4.
• An issued permit shall be valid for the period specified in the permit document issued to the permittee, unless revoked or suspended for cause. The period of validity shall not extend beyond December 31 of the calendar year of issuance.
• An issued permit is non-transferable.
• In addition to the requirements at N.J.A.C. 7:12-9 (Shellfish Permits for Harvest from waters other than Approved; Research; Restoration and Enhancement; Toxins Monitoring; and Aquaculture), permittees are subject to the applicable requirements of N.J.A.C. 7:12-8 (Shellfish Harvest, Handling, and Transport Requirements for Shellfish License Holders).
• A permit under N.J.A.C. 7:12-9 does not exempt a permittee from compliance with all other applicable State laws and rules.
• It is the responsibility of the permittee to provide the Bureau with the permittee’s most current address. If the permittee’s address changes from that provided to the Bureau on the application for a permit or otherwise, the permittee shall notify the Bureau of the new address within one week of the change.
• An issued permit may contain special conditions relating to purpose, duration, area limitations, time limitations, methods of handling, identification and disposition of the shellfish, limitation on species and/or size of shellfish, and/or any other conditions deemed necessary by the Department to protect the health, safety, and welfare of the public.
• Conviction of a shellfish violation as provided in N.J.S.A. 58:24-1 et seq., 24:2-1 et seq., and 50:2-1 et seq. shall be adequate cause for the suspension, revocation, and/or denial of any permit issued N.J.A.C. 7:12-9.
• Any person who violates N.J.A.C. 7:12-9 and/or the terms of a permit issued under N.J.A.C. 7:12-9 may be subject to prosecution and/or penalties pursuant to N.J.S.A. 23:2B-14, 50:1-5 et seq., 58:24-9, 58:24-10,58:24-10.1, and 2C:64-1 et seq., including the forfeiture of shellfish, which may be seized and returned to the water or destroyed.
• Any person who takes shellfish from waters classified as other than Approved without a permit issued under N.J.A.C. 7:12-9 authorizing such activity may be subject to prosecution and/or penalties pursuant to N.J.S.A. 23:2B-14, 50:1-5 et seq., 58:24-9, 58:24-10,58:24-10.1, and 2C:64-1 et seq., including the forfeiture of shellfish, which may be seized and returned to the water or destroyed.
• Any person who conducts aquaculture activities without a permit issued under N.J.A.C. 7:12-9 authorizing such activity may be subject to prosecution and/or penalties pursuant to N.J.S.A. 23:2B-14, 50:1-5 et seq., 58:24-9, 58:24-10,58:24-10.1, and 2C:64-1 et seq., including the forfeiture of shellfish, which may be seized and returned to the water or destroyed.
• The Department shall immediately suspend the permit of any person who violates any condition of the permit or any provision of N.J.A.C. 7:12 and thereby creates a threat to public health by compromising the purity of shellfish as a food product. The Department may suspend the permit of any person who violates any condition of the permit or any other provision of N.J.A.C. 7:12. Any person whose permit is suspended may request an adjudicatory hearing in accordance with N.J.A.C. 7:12-9.4.
• For purposes of N.J.A.C. 7:12-9, sunrise and sunset shall mean the times of sunrise and sunset in Trenton, New Jersey. These sunrise and sunset times shall apply regardless of where a harvester intends to harvest or is harvesting shellfish. The Trenton sunrise and sunset timetable is included in the NJ Hunting and Trapping Digest available from the Department’s Division of Fish and Wildlife and on-line at https://njdepwptest.net/njfw/.
• For more information on the Bureau’s permit program please see N.J.A.C. 7:12-9 (available at the Department’s Rules and Regulations website).

• Aquaculture
  • Commercial Shellfish Aquaculture Permit authorizes the growing of shellfish in waters classified as Approved or Conditionally Approved and harvest for direct marketing. For further information, please see N.J.A.C. 7:12-9.15.
• Hatchery
  • 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. For further information, please see N.J.A.C. 7:12-9.14.
• Depuration Harvester
  • Soft clam and/or hard clam depuration harvester permit authorizes soft and/or hard clams to be harvested from Restricted waters and ultimately marketed after processing through a depuration plant operating pursuant to a certification issued by the Department of Health under N.J.A.C. 8:13-2 and a Soft and/or Hard Clam Depuration Plant Permit issued under N.J.A.C. 7:12-9.5. For further information, please see N.J.A.C. 7:12-9.6.
• Depuration Plant
  • Soft clam and/or hard clam depuration plant permit authorizes a depuration plant to possess soft and/or hard clams harvested from Restricted waters for further processing. This permit completes the control link between the harvest of soft and/or hard clams regulated under the Soft Clam and/or Hard Clam Depuration Harvester Permit at N.J.A.C. 7:12-9.6 and the processing of the harvested clams, which is regulated by the Department of Health and requires that the depuration plant obtain a certificate to operate from the Department of Health under that department’s rules at N.J.A.C. 8:13-2. For further information, please see N.J.A.C. 7:12-9.5.
• Transplant
  • Permit for the Harvest of Seed Oysters and/or Seed Clams from Restricted Waters and Transplant to Approved Waters authorizes the harvest of seed oysters and/or seed clams from waters classified as Restricted for transplant to a lease(s) in waters classified as Approved for grow-out and reduction of pathogens prior to direct marketing. For further information, please see N.J.A.C. 7:12-9.9.
• Bait
  • Permit for the Harvest of Surf Clams from Prohibited Waters for Bait authorizes the harvest of surf clams from waters in the Atlantic Ocean classified as Prohibited for bait and not for human consumption. For further information, please see N.J.A.C. 7:12-9.7.
• Relay
  • Permit for the Harvest of Hard Clams or Oysters from Restricted Waters and Relay to Approved Waters authorizes the harvest of hard clams or oysters from waters classified as Restricted for relay to a relay lease(s) in waters classified as Approved for purposes of reduction of pathogens prior to direct marketing. For further information, please see N.J.A.C. 7:12-9.8.

• Research
  • Permit for Shellfish Research in Waters Other Than Approved authorizes the collection of shellfish from waters classified as other than Approved for the purpose of scientific research. For further information, please see N.J.A.C. 7:12-9.10.
• Restoration
  • Permit for Shellfish Restoration and/or Enhancement in Waters Other Than Approved authorizes the gardening of shellfish at a single site in waters other than Approved by a non-profit organization or government agency for purposes of restoring or enhancing the shellfish resource or enhancing water quality, and not for human consumption. For further information, please see N.J.A.C. 7:12-9.11.
• Seed Program
  • Permit for Growing Seed in Waters Other Than Approved by a Non-profit Organization or Government Agency authorizes a Non-profit Organization or Government Agency to conduct a project involving the distribution of seed to participants who will grow the seed at various locations in waters other than Approved for relocation by the permittee to Approved or Conditionally Approved waters; a project authorized under a Permit for Shellfish Restoration and/or Enhancement in Waters Other Than Approved (N.J.A.C. 7:12-9.11); or waters outside the boundaries of the State of New Jersey, subject to any required approval from the receiving state. For further information, please see N.J.A.C. 7:12-9.12.
• Toxins Monitoring
  • Permit for Short-term Use of Shellfish for Toxins Monitoring in Waters Other Than Approved authorizes the placement of shellfish into waters other than Approved for purposes of a Remedial Investigation pursuant to the Department’s Technical Requirements for Site Remediation, N.J.A.C. 7:26E, or for purposes of a study approved by the Department’s Site Remediation Program where the applicant can demonstrate a specific need to study bioaccumulation of toxins in shellfish from known contaminated sites located in or impacting waters other than Approved. For further information, please see N.J.A.C. 7:12-9.13.