New Jersey Lobster Regulations

NJ Lobster Ruling -- May 2004

The legal possession size of whole lobsters is measured from the rear of the eye socket along a line parallel to the centerline of the body shell to the rear of the body shell.

Lobster parts may not be processed at sea or landed. The possession limit is 6 lobsters per person. No person shall possess any lobster with eggs attached or from which eggs have been removed or any female lobster with a v-notched tail. The use of spears, gigs, gaffs or other penetrating devices as a method of capture for lobsters is prohibited.

A license is required for the use of pots or traps for the capture of lobsters. Lobsters taken recreationally may not be sold or offered for sale.

* The lobster size limit was increased to 3-3/8 inches on July 1st 2004.

New Jersey Change of Lobster Rules –

Please read it to the end, as the reasons divers have no maximum size was our testimony at hearings and writing endless position papers. The important changes are in RED, our emphasis.

Excerpts from the New Jersey Administrative Code Title 7

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

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 3 13/32
July 1, 2006 3 7/16
July 1, 2007 3 15/32
July 1, 2008 3 1/2

(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.

11. 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.

Also for you consideration:

Advisories based on dioxin remain in effect for American lobster... A recent regional study of the American lobster has shown elevated levels of PCBs, cadmium and dioxin in the green gland (tomalley hepatopancreas). This finding is consistent with other lobster studies conducted in waters of the northeastern coastal states. Therefore, consumers are advised to remove and not consume the green gland of all American lobsters caught off the coast from Maine to New Jersey, as well as avoid products made from the lobster green gland. This advisory does not apply to other edible portions of the lobster.

What this means is: the minimum size will, on July 1st, go up next year by 1/32" and the years after until it gets to 3 1/2" on July 1, 2008. NJ Sport Divers do NOT have a maximum size. There is NO sale of recreationally caught lobsters. You still can only take 6 lobsters per day and no extra parts.

2006 Marine Recreational Fishing Regulations Summary Sheet

Information on this page courtesy of the New Jersey Council of Diving Clubs.