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Form preview Sportspack proposal form sport... Sportscover Australia Pty Ltd A.C.N. 006 637 903 A.B.N. 43 006 637 903 AFS Licence No. 230914 SPORTSPACK PROPOSAL FORM PLEASE USE BLOCK LETTERS Please ensure you have read and understood the Important
Form preview Proposal to lease space gsa gs... PRELEASE FIRE PROTECTION AND LIFE SAFETY EVALUATION FOR A HIGH-RISE OFFICE BUILDING The Offeror and the licensed fire protection engineer shall complete Parts A and B of this form* Part A consists of a series of short answer and yes/no/not applicable questions related to the building s fire protection and life safety systems. Part B is a detailed narrative report based on a walk-through of the building that includes the review of life safety system preventative maintenance records. The fire protection engineer shall prepare the detailed narrative report. The detailed narrative report and assessment of the building s features and life safety systems shall address at a minimum the items noted in Part B Office Building Profile as they apply to the offered building. In addition the detailed narrative report shall include all deficiencies that do not meet the specified criteria with the associated code reference as well as recommended corrective action s. Fundamental Code Requirements. a* The offered building shall be evaluated for compliance with the most recent edition of the building and fire code adopted by the jurisdiction in which the building is located with the exception that the technical egress requirements of the building shall be evaluated based on the egress requirements of the National Fire Protection Association NFPA 101 Life Safety Code. All areas that do not meet the above stated criteria shall be identified as to the extent that they do comply. Definitions. a* High-rise building A building greater than 75 feet in height where the building height is measured from the lowest level of fire department vehicle access to the floor of the highest occupied floor. A building that is 6 stories or more in height is typically considered a high-rise building. b. Hazardous Areas Any space or compartment within a building in which storage or other activity exists that is not part of normal office space arrangements and that possesses the potential for producing a fully involved fire. Such areas used for the storage or use of combustibles or flammables toxic noxious or corrosive materials or heat producing appliances etc* as defined in the latest edition of NFPA 101 Life Safety Code. The Offeror states as part of this offer that the proposed space/building is as described below and that the information provided is accurate. In addition the Offeror agrees all features and devices described below are in operating order and properly maintained* BOTH THE OFFEROR AND THE FIRE PROTECTION ENGINEER WILL MAKE THIS EVALUATION* THE FIRE PROTECTION ENGINEER S OFFICIAL STAMP PROFESSIONAL LICENSE MUST BE PLACED ON BOTH PART A AND PART B. Please provide additional pages should this form not provide sufficient space to respond adequately to any question* GENERAL SERVICES ADMINISTRATION PAGE 1 of 8 GSA FORM 12001 5/2005 PART A BUILDING ADDRESS Building Name Building Address City State 9-Digit Zip Code BUILDING CODE AND FIRE CODE ADOPTED BY LOCAL JURISDICTION Building Code YEAR Fire Code SIZE AND LAYOUT The following information applies to check one an existing building a building planned for lease construction Identify each floor in which space is offered to Government Identify gross square footage of space offered to Government on each floor Identify height in feet of the building above the lowest level of fire department vehicle access Identify the number of floors above the lowest level of fire department vehicle access OTHER OCCUPANCIES IN BUILDING Check All That Apply Restaurants Laboratories Storage Retail Other list BUILDING CONSTRUCTION TYPE Check One Fire resistive Heavy Timber Ordinary Wood Frame Unprotective non-combustible VERTICAL OPENINGS CHECK ONE Between Two or More Floors Exit Stairways open enclosed with doors provide description Shafts enclosed provide description Atrium Other None ELECTRICAL SYSTEM Please Check YES NO or NA to the following question YES NO NA The building electrical system appears to comply with the NFPA 70 National Electrical Code in that there are no obvious deficiencies e*g* temporary wiring use of extension cords deteriorated equipment missing equipment etc*. If potential problems are noted describe on an attached sheet. BUILDING EGRESS AND EXITING SYSTEM Unrestrictive access is provided to a minimum of two exits on each floor. Scissor stairs count as only one approved exit. Fire escapes are not counted as an approved exit. Corridors have a 1-hour fire-resistive rating. Exit access is at least 44 inches wide. All exit stairways terminate directly at a public way or at an exterior exit discharge. All exit doors swing in the direction of exit travel* BUILDINGS PROTECTED THROUGHOUT BY AUTOMATIC FIRE SPRINKLERS The minimum separation distance between two exits or exit access doors measured in a straight line between the exits or exit access doors shall not be less than one-third the length of the maximum overall diagonal dimension of the building or area served* The travel distance to the exits is not more than 300 feet. The maximum length of a dead-end corridor is 50 feet. The common path of travel is not more than 100 feet in length. BUILDINGS NOT PROTECTED THROUGHOUT BY AUTOMATIC FIRE SPRINKLERS STANDPIPES AND PORTABLE FIRE EXTINGUISHERS Standpipes are installed in building. Portable fire extinguishers are installed in building. BUILDING EXIT HARDWARE AND EGRESS DOORS In an emergency all exit stairway doors permit re-entry from the exit stairway enclosure to the interior of the building. Exit doors require one action to open e*g* no locks locked during unoccupied periods only. NOTE Special locking arrangements may be permitted if allowed by local jurisdiction* AUTOMATIC FIRE SPRINKLERS Automatic fire sprinklers are installed throughout the building. Central Sprinkler Company s Omega line of fire sprinklers are installed in the building describe location s model s number of sprinklers date installed etc* on additional sheet. Number of sprinklers date installed etc* on additional sheet. The automatic fire sprinkler system is electronically supervised in accordance with NFPA 13 Standard for Installation of Sprinkler Systems. Standard for the Inspection Testing and Maintenance of Water-Based Fire Protection Systems. SMOKE DETECTORS Smoke detectors are installed throughout the building. Duct smoke detectors are installed in the building. HEAT DETECTORS Heat detectors are installed throughout the building. FIRE ALARM SYSTEM A fire alarm system is installed in the building. Audible alarm notification appliances are installed and located throughout the building to be effectively heard above normal conditions of occupancy. Visible alarm notification appliances are installed and located throughout the building. Operation of the fire alarm system automatically notifies building occupants to evacuate or relocate within the Emergency power is provided for the fire alarm system* The fire alarm system has emergency voice communication capabilities. Alarm Code. HAZARDOUS AREAS Hazardous areas are located in the building. List locations of all hazardous areas in the building describe locations on additional sheet. EXIT SIGNS EMERGENCY LIGHTING EMERGENCY POWER Illuminated exit signs are installed along exit paths. Emergency lighting is installed along exit paths. An emergency generator is installed in the building to provide emergency power to the building s life safety systems. An UPS system is installed in the building to provide emergency power to the building s life safety systems. INTERIOR FINISH Offered space has corkboard installed on walls. ELEVATORS Elevators have a current certificate of elevator inspection from the local jurisdiction* Elevators are equipped with telephones or other two-way emergency signaling systems connected to an emergency communication location manned during normal working hours when the elevators are in service. Elevators recall to an alternate level when activated by primary level smoke detector. PUBLIC ADDRESS SYSTEMS An independent public address system is provided throughout the building. PART B OFFICE BUILDING PROFILE General Information* a* Provide a copy of the certificate of occupancy issued by the local building official* b. Identify any cited citations or violations noted by the local jurisdiction regarding the building. c* Provide digital pictures of the building. Include exterior views showing the front of the building and all sides of the building. d. Provide a scaled drawing s of the entire floor or floors in which space is being offered in the building. The scaled drawing s shall include the locations of all exit stairs and elevators. Indicate on the drawing the proposed space being offered to the Government. G. Identify the approximate gross square footage per floor in the building. i. Identify by location and describe hazardous/significant fuel load areas that when ignited would produce significant adverse effects to its buildings and occupants. J. Identify and describe potential fire ignition sources in hazardous/significant fuel load areas in the building. The proximity of the fuel source and the ignition source shall be described* Building Construction* Occupancy Classifications. A* Identify all the different types of occupancies on each floor of the subject building. Include mechanical equipment areas storage areas basement s etc* b. Identify if the building is separated or non-separated mixed use and what fire rated separation is provided* Vertical Openings. And shafts. Means of Egress. c* For each exit stair identify i. The clear width measurement between handrails. Ii. The location of where each exit stair discharges. iii. If each exit stair enclosure allows re-entry from stair enclosure to the interior of the building. Iv* Describe all penetrations into and openings through each exit stair enclosure assembly. v* Describe any headroom obstruction within each exit stair enclosure. Vi. Describe if any exit stair has been compromised in such a way to have the potential to interfere with its use as an exit and vii. Exit stair remoteness. i. Describe the building s emergency lighting system* j. k. If emergency power for life safety systems is provided by generator s or UPS systems describe if they are tested and maintained in accordance with NFPA 110 Standard for Emergency and Standby Power Systems or NFPA 111 Standard on Stored Electrical Energy Emergency and Standby Power Systems as applicable. Automatic Fire Suppression Systems. protected throughout by an automatic fire sprinkler system identify areas of the building where partial fire sprinkler protection is provided* pre-action etc*. E. If automatic fire sprinkler systems are provided in the building describe if they are tested and maintained in accordance with the applicable local codes or NFPA 25 Standard for the Inspection Testing and Maintenance of Water-Based Fire Protection Systems. Fire Alarm System* b. Describe if the fire alarm system is connected to a U. L* listed Central Station Service or to the local fire department. C* Describe in detail the operation of the fire alarm system* d. Describe how the audible alarm notification appliances are installed and located throughout the building to be effectively heard above normal conditions of occupancy. Interior Finish. a* Identify carpeting installed in any exit stairs and/or walls within the building. Elevators. a* Verify the elevators have a current certificate of elevator inspection from the local jurisdiction* ASME/A17. 1 Safety Code for Elevators and Escalators Phase I Emergency Recall Operation requirements. STATEMENT OF FIRE PROTECTION ENGINEER FPE I hereby attest that I have performed a full assessment of the subject premises and that the above information is complete and accurate to the best of my knowledge. I have initialed at the bottom of each page. My official stamp professional license information and signature are affixed below. I have included findings recommended corrective action s and made specific references to the applicable code sections as an attachment to this report. Such findings specifically identify instances where the building does not comply with the specified criteria and recommendations have been made in order to rectify the situation and assure substantial compliance of the building to all applicable criteria* If no deficiencies were identified during the evaluation please explicitly state so in the findings and recommendations portion of the report. Signature Date Printed Name Name of Firm Phone - License Number Stamp Here OFFEROR S STATEMENT OF CORRECTION In the event any of the offered space does not meet the above criteria the Offeror shall attach a sheet describing the exact nature of the deficiency and the Offeror shall attest below that all work required to bring the offered space into full compliance with all applicable criteria will be completed at the Offeror s sole cost and expense prior to the Government s acceptance of the offered space under the terms of any prospective lease agreement. NOTE REPORTS SUBMITTED WITHOUT THE FPE S FINDINGS RECOMMENDED CORRECTIVE ACTIONS AND CODE REFERENCES WILL BE RETURNED WITHOUT REVIEW BY THE GSA REGIONAL FIRE PROTECTION ENGINEERING OFFICE* Title.
Form preview Rule proposals law library the... You re viewing an archived copy from the New Jersey State Library. l-LU 1 f 0 U t l0 o ex U. a Itil LU I- I u. R Z I-. ZtIl LULU cx r. q U Q*cx LU. o r o. cx Z. o r O I-ojCQ I-I-ojOQ THE JOURNAL OF STATE AGENCY M. R lZ cx Al J j. VOLUME 21 June 5 1989 Indexed Includes adopted rules filed through May i -J vt MOST RECENT UPDATE TO NEW JERSEY ADMINISTRATIVE CODE MARCH 29 i989 See the Register Index for Subsequent Rulemaking Activity. NEXT UPDATE SUPPLEMENT APRIL 17 1989 RULEMAKING IN THIS ISSUE RULE PROPOSALS Interested persons comment deadline AGRICULTURE Livestock and poultry importations. 1477 a 1479 a Equine infectious anemia and avian innuenza PERSONNEL Separations and demotions waiver of Executive Order No* 66 1978 expiration provision 1480 a COMMUNITY AFFAIRS Emergency shelters for homeless 1509 a Housing and Mortgage Finance Agency sale of project by nonprofit sponsor to for-profit sponsor use of 1509 b DCE/CDE accounts Ombudsman for institutionalized elderly practice 1510 a and procedure ENVIRONMENTAL PROTECTION Natural Areas System West Pine Plains. 1480 b Coastal Permit Program Flood Hazard Area Control waiver of Executive Order No* 66 1978 expiration provision. 1481 a Redelineation of Ramapo River extension of comment. 1482 a Leasing of Atlantic Coast bottom for aquaculture Interdistrict and intradistrict solid waste now Bergen County 1486 b HEALTH Hospital reimbursement uniform uncompensated 1487 a care add-on Uncompensated Care Trust Fund cap. 1487 b Interchangeable drug products HIGHER EDUCATION Educational Opportunity Fund eligibility for 1489 a undergraduate grants. HUMAN SERVICES Youth and Family Services hearings reopening of comment period CORRECTIONS Public information. INSURANCE Life and health insurance unfiled policy forms Real estate broker and salesperson employment agreement correction to proposal summary Joint insurance funds for local government units LABOR Board of Review appeals of unemployment benefit determinations Job Training Partnership Act/N*J* Jobs Training Act grievance procedures Safety standards for firefighters public hearing LAW AND PUBLIC SAFETY Division of Motor Vehicles enforcement officer rules Inactive dental hygienists resumption of practice Board of Veterinary Medical Examiners TRANSPORTATION School and speed limit zones along U*S* 206 in Hamilton and Route 29 in Stockton Airport Safety Improvement Aid TREASURY GENERAL State Health Benefits Program effective date of coverage TREASURY-TAXATION Corporation Business Tax refund procedure PUBLIC EMPLOYMENT RELATIONS COMMISSION Rulemaking petitions CASINO CONTROL COMMISSION Section 99 submissions Continued on Next Page 1580 a 1514 a 1490 a 1492 a 1494 a J494 b J496 a 1498 a 1500 a J500 b 1500 c 1501 a 1501 b 1502 a 1503 a 1503 b 1505 a 1506 a STATE AGENCY RULEMAKIl iG INTERESTED PERSONS and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal or group of proposals. On occasion a proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in At the close of the period for comments the proposing agency may thereafter adopt a proposal without change or with changes not in violation of the rulemaking procedures at N*J*A. C. I 30-4. 3. The adoption becomes effective upon publication in the Register of a notice of adoption unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. Casino business with minority and women s enterprises quarterly reporting. 1507 a EXECUTIVE COMMISSION ON ETHICAL STANDARDS Subpoena for witnesses 1507 b 1508 a RULE ADOPTIONS BANKING Insurance premium finance agreements Ombudsman for the institutionalized elderly Sale of water from Delaware and Raritan Canal Spruce Run/Round Valley system Water pollution control Essex County Mental illness screening and screening outreach programs Organization of Division of Developmental Disabilities Human rights committees for developmentally disabled persons Residential health care facilities/boarding homes personal needs allowance Application of time credits to mandatory minimum term. Juvenile Detention Commitment Programs Private passenger automobile insurers corrected responses to comments concerning financial disclosure and excess profits reporting Employee remuneration for lodging and meals room and board Transportation for employees of sheltered workshops Wage and hour compliance trainees in company 1516 a 1516 b 1526 a I527 a 1530 a 1558 a I 562 a I 572 b 1573 a 1575 a 1516 c 1517 a 1517 b 1517 c 1576 a 1576 b 1578 a Architectural practice and responsibility. 1519 a Motor vehicle advertising practices correction to N*J. A. C. 13 45A-2. 3 1520 a Federal and Urban System Substitution Program correction to N*J*A. C. 16 20A-2. 1 and Appendix I 1520 b Speed limits on Route 35 in Monmouth County. I 520 c Speed limit zones along Route 15 in Sussex County 1521 a Handicapped parking space on Route 7 in Belleville. 1521 b Restricted parking and standing along U*S* 22 in Lopatcong Route 35 in Eatontown U*S* 130 in Westville and Route 91 in North Brunswick 1522 a No parking zones along Route 27 in South Brunswick and Franklin Township 1522 b Bus stop zones along Route 45 in Mannington Township and U*S* 130 in Delran Township 1523 a no stopping or standing zones along Route 324 in Logan Township. 1523 b No left turn from Route 27 in Metuchen. 1524 a Prohibited turns along Route 17 in Rutherford Bus carrier zone of rate freedom. I 524 c Police and Firemen s Retirement System outstanding 1524 d loans at retirement Casino service industries qualification and licensure 1525 a PUBLIC NOTICES Petition for rulemaking promotional examinations Wastewater Treatment Works Approval Annual Report and Fee Schedule public hearing Atlantic County water quality management Hammonton 1581 b 1579 b I579 c Continued on page 1598 The official publication containing notices of proposed rules and rules adopted by State agencies pursuant to the New Jersey Constitution Art. V Sec* IV Para* 6 and the Administrative Procedure Act N*J*S*A. 52 14B-1 et seq. Issued monthly since September 1969 and twice-monthly since November 1981. Material published in the New Jersey Register is the property of the State of New Jersey. However it may be copied reproduced or republished by any person for any purpose whatsoever without permission providing that no such reproduction or republication shall bear the title New Jersey Register or Official Rules Publication without the written permission of the Director Office of Administrative Law. NEW JERSEY REGISTER The New Jersey Register ISSN 0300-6069 is published the first and third Mondays Tuesday if Monday is a holiday of each month by OAL Publications of the Office of Administrative Law CN 301 Trenton New Jersey 08625. Telephone 609 588-6606. Subscriptions payable in advance are one year 75 150 by First Class Mail back issues when available. 8 each. Make checks payable to OAL Publications. POSTMASTER Send address changes to New Jersey Register CN 301 Trenton New Jersey 08625. Second Class Postage paid in South Plainfield New Jersey. The NEW JERSEY ADMINISTRATIVE CODE is published on a continuing basis by OAL Publications of the Office of Administrative Law. Subscription rates for this 42-volume regularly updated set of State administrative rules are available on request. The Code is sold either in the full set or in one to four volumes depending on the Department coverage desired* CITE 21 N*J*R* 1476 DIVISION OF ANIMAL HEALTH Proposed Readoption N*J*A. C. 2 3 Authorized By Arthur R* Brown Jr. Secretary and State Board of Agriculture Authority N*J*S*A. 4 5-54-75. Proposal Number PRN 1989-274. Submit comments by July 5 1989 to Sidney R* Nusbaum Director Division of Animal Health N*J* Department of Agriculture CN 330 Trenton New Jersey 08625 Telephone 609 292-3965 The agency proposal follows Summary This chapter which expires on June 18 1989 was internally reviewed in January and February 1989 in compliance with Executive Order No* 66 1978 and found to be adequate reasonable and necessary. However some changes in wording and terminology have been made throughout the chapter to insure compliance with the U*S* Department of Agriculture s regulations and today s terminology. Most changes made have been to broaden the scope of the pertinent rules to treat animals as classes rather than to be specific as to particular animals. As an example the specific requirements for goats and nutria have been dropped and they shall be treated as other forms of livestock. Specificity to animals is retained in those instances of particular diseases and particular disease control programs. Subchapter I contains the general requirements relative to the importation of livestock and poultry namely that an interstate health certificate proposed for amendment to a Certificate of Veterinary Inspection accompany all livestock and poultry moved into the State. Subchapter 2 provides the specific health-related importation rules for livestock for breeding and herd replacements. In addition to the current rules addressing tuberculosis brucellosis and other infections a new rule is proposed at N*J*A. C. 2 3-2. 9 concerning Anaplasmosis or Bluetongue. stock. Subchapter 4 is reserved* Subchapter 5 regulates the importation of poultry and hatching eggs. A new rule is proposed at N*J*A. C. 2 3-5. 4 relating to Salmonella enteriditis control* Subchapter 6 regulates the importation of livestock for exhibition and subchapter 7 governs nutria importation* Social Impact The prevention and control of disease by the regulation of the importation of animals is a key element in animal disease control programs. The rules are a socially beneficial program that prevents the introduction of diseases which may be inimical to the health of the animal husbandry industry and to humans. Economic Impact The burden of these rules falls upon the farmer consumer and the intermediaries between the two. Compliance imposes costs in the processing of paperwork and the treatment of any disease found. This is however outweighed by the safety of the products produced and the higher return of the product from the compliance with the rules in that more animals get to market and receive a beller price and live longer if free from disease. Regulatory Flexibility Analysis While most farmers are small businesses the rules proposed for readoption do not impose new or increased recordkeeping and/or other compliance requirements other than mandated by the authorizing statutes. Without the imposition of many of these rules New Jersey farmers would by the nature of commerce be foreclosed from the participation in interstate and international commerce. Further the purposes of these rules are to control the spread of disease and affect the public health welfare and safety therefore no regulatory flexibility analysis is needed* The N*J* Department of Agriculture has attempted to balance the need of restrictions for disease control and the impact on the citizen* However the Department must err on the side of caution* Full text of the proposal follows additions indicated in boldface thus deletions indicated in brackets thus CHAPTER 3 LIVESTOCK AND POULTRY IMPORTATIONS SUBCHAPTER I. GENERAL REQIREMENTS 2 3-1. 1 Intersta te health certificate to accompany animals entering State All livestock and poultry moved into New Jersey except for immediate slaughter shall be accompanied by an official interstate health certificate Certificate of Veterinary Inspection approved by the livestock disease control agency of the state or county of origin* A National Poultry Improvement Plan NPIP Form 3-B may be used for poultry in lieu of the Certificate of Veterinary Inspection* Contents of interstate health certificate Certificate of Veterinary Inspection a The official interstate health certificate Certificate of Veterinary Inspection shall indicate that the livestock designated thereon comply with all requirements for entry into New Jersey. I. Complete name and address of consignor. 2. Origin of the livestock. 4. Destination of the livestock. 5. Description of the livestock. Cattle sheep and swine shall be identified by ear tag tattoo or registration name and number. Horses shall be identified by physical description and/or tattoo or brand 6. Statement that the livestock received an examination inspection by a veterinarian within 30 days of entry and that the veterinarian found the livestock to be apparently free from contagious or parasitic disease or exposure thereto. Not showing signs of infectious contagious and/or communicable disease and 7. Additional information as required for specific class of livestock. Copy of interstate health certificate Certificate of A copy of the official interstate health certificate Certificate of agency to the Division of Animal Health New Jersey Department of Agriculture P. O. Box 1888 CN 330 Trenton New Jersey 08625. 2. 3-1. 4 Notification of Department on receipt of livestock The consignee shall notify the Department of Agriculture of the receipt of livestock within three days of arrival* Expiration date of interstate health certificates Certificates of Veterinary Inspection Official interstate health certificates Certificates of Veterinary Inspection shall be void 30 days after issuance. 2 3- 1. 5 1. 4 2 3- 1. 6 1. 5 Quarantine of livestock entering State released are subject to quarantine by the New Jersey Department of Recodify 2 3-1. 7 and 1. 8 as 1. 6 and 1. 7 No change in text. LIVESTOCK FOR BREEDING AND HERD REPLACEMENTS No change. 2 3-2. 2 Definitions The following words and terms as used in this subchapter shall have the following meanings unless the context clearly indicates otherwise Accredited herd shall mean a herd as defined in 9 CF*R* Part 77. I b. Accredited tuberculosis free state shall mean a state which maintains full compliance with all of the provisions of the Uniform Methods and Rules Bovine Tuberculosis Eradication and where no evidence of bovine tuberculosis has been disclosed for five or more years as defined in 9 CF*R* Part 77. I a. herd that has passed at least two consecutive annual caudal fold tuberculin tests has no other evidence of bovine tuberculosis and meets the standards of Uniform Methods and Rules Bovine Tuberculosis Eradication* Brucellosis class free state or area shall mean a state or area as defined in Title 9 C. F*R* Part 78. I t. Certified brucellosis free herd shall mean a herd as defined in Title 9 C. F*R* Part 78. I q. Copies are filed with and may be received by writing to Director Division of Animal Health New Jersey Department of Agriculture Health-Agriculture Building John Fitch Plaza CN 330 Trenton New Jersey 08625. 2 3-2. 3 Importing diseased cattle and goats livestock Cattle and goats Livestock from herds under quarantine because of tuberculosis brucellosis or any other disease or cattle livestock currently classified as suspects because of tuberculosis brucellosis or other infections shall not be imported into the State. 2 3-2. 4 Negative reaction of cattle and bison to the tuberculosis test a Cattle and bison six months of age or over shall be negative b a Animals that originate from an accredited bovine Tuberculosis-Free State or an accredited bovine Tuberculosis-Free Herd and shall have been included in the annual herd test or are a natural addition to the herd are exempt from tuberculosis tests. A tuberculosis test within 60 days prior to entry. c Requirements for tuberculosis testing may be waived if it is determined that livestock are from an area of equal disease-free status 2 3-2. 5 and 2. 6 2 3-2. 7 Brucellosis testing-Class Band C States B and Class C States I. A prior permit for movement shall be obtained by the consignee from the Director Division of Animal Health New Jersey Department of Agriculture. 2. The herd test certified herd number prior permit number and a statement by the accredited veterinarian that the animals being imported were included in the herd test or were natural additions must appear on the Certificate of Veterinary Inspection* 2. 3. All animals to be imported must be members of or natural additions to a Certified Brucellosis-Free Herd. 3. 4. All animals six months of age or over shall be negative to an official brucellosis test within 30 days prior to entry except official brucellosis vaccinated heifers under 14 months of age. 4. Steers and spayed heifers need not be tested* 5. The imported animals shall be quarantined separate and apart from native animals upon entry into the state State until brucellosis tested negative at owner s expense not less than 45 or more than 120 days after entry into the state. Imported were included in the herd test or were natural additions must appear on the health certificate. Steers and spayed heifers are exempt from a I through 5 above. 2 3-2. 8 Interstate health certificate In all appropriate cases vaccination tag tattoo or date of vaccination must be recorded on the interstate health certificate. 2 3- 2. 9 2. 8 Brucellosis test for imported cattle a The department may require cattle imported to be held for testing tested for brucellosis if in its judgment such testing would be necessary to prevent introduction of the disease. B All test eligible breeding cattle and bison as defined in U*S*D*A* APHIS 91-1 from Class B or Class C States shall be held under quarantine separate and apart from native livestock until tested negative not less than 45 or more than 120 days after entry into New Jersey. Brucellosis test requirements may be waived if it is determined that livestock are from an area of equal disease-free states as New Jersey and did not pass through a livestock auction* 2 3-2. 9 Anaplasmosis or Bluetongue a Cattle from states with endemic Anaplasmosis or Bluetongue as determined by the U*S*D*A* must have a negative test within 30 days of entry or be tested negative at owner s expense following entry. B Anaplasmosis positive animals will be quarantined until three repeated tests at least 30 days apart are negative or returned to state of origin* c Bluetongue positive animals will be quarantined and must be isolated until epidemiology and retesting discloses no potential threat to contact animals. 2 3-2. 10 2 3-2. 11 Horses mules and asses a All equidae entering New Jersey must meet the requirements of N*J*A. C. 2. 3-l 2 3-1. had a negative Coggins test for equine infectious anemia conducted at a jointly-approved U*S*D*A*-State laboratory within the past 12 months. Does not have a mandatory identification and quarantine program for equidae having a positive test for equine infectious anemia EIA must have had a negative Coggins test for equine infectious anemia conducted at a jointly-approved U*S*D*A*-State laboratory within 30 days prior to entry. 2 3-2. 13 Health certificate to indicate swine free from brucellosis brucellosis within 30 days prior to entry. 2 3-2. 14 Imported breeding swine to conform to Federal Regulation a All breeding swine imported into New Jersey must meet the requirements of Title 9 part 76 sections 4 through 18 of the Code of Federal regulations 9 CF*R* 76. 4 through 76. 18. 2 3-2. 16 Quarantine of imported breeding swine farm of destination separate and apart from all native animals and to release by the New Jersey Department of Agriculture with the exception that swine from Validated/Qualified Free herds delivered directly by owner s vehicle are exempt. All imported breeding swine not infected with pseudorabies not been infected with pseudorabies in the past 60 days. Individuals must have been negative to a serum neutralization an official or Federal laboratory. Swine from Qualified Pseudorabies Negative Herds may enter if the Qualified Pseudorabies Negative Herd Number and the date of the last qualifying test are stated on the b Qualified Pseudorabies Negative Herd means a herd which complies with the provisions of 9 C. F*R* 85. I ee. FEEDER STOCK 2 3-3. 1 Compliance with subchapter and importation requirements stock moved into New Jersey shall meet the specific requirements of this subchapter provided however that feeder swine are exempt from the general requirements for importation see subchapter I of this chapter N*J*A. C. 2 3-1. 2 3-3. 2 Tuberculin tests for steers and spayed heifers c All other feeder cattle shall meet the regulations as provided in section I of this subchapter provisions of N*J*A. C. 2 3-3. 1. the purpose of producing eggs for human consumption and hatching eggs imported for the purpose of raising chickens that will produce eggs for human consumption shall meet the standards of the United States Sanitation Monitored Program of the National Poultry Improvement Plan or such other regulations that may be imposed by USDA/NJ as better methods of control are developed* 2 3-6. 2 Goats for exhibition purposes only a Goats imported into the State for exhibition purposes only are required to comply with N*J*A. C. 2 3-1 Livestock and Poultry Importations. b No test is required if goats originate from certified brucellosisfree herd an accredited tuberculosis-free herd or if the animal is listed on the annual test. C For goats not originating from a brucellosis-free herd a negative brucellosis test is required within 90 days of the opening date of the show for all goats over six months of age. Herd a negative tuberculosis test is required for all goats within 90 days of the opening date of the show. Purposes. NUTRIA MYOCASTER COYPU Nutria shall meet the general requirements for importation* Certification of feeder lambs free from scabies infectious disease Feeder lambs shall be certified to have originated in a flock and in a state free from scabies and to be free from infectious disease or recent exposure thereto. 2 3-3. 3 Imported feeder swine to conform to Federal regulations hog cholera vaccination a All feeder swine imported into New Jersey must meet the Jersey Department of Agriculture. 2 3- 3. 7 3. 6 No change in text. RESERVED POULTRY AND HATCHING EGGS 2 3-5. 1 and 5. 2 2 3-5. 3 Poultry for immediate slaughter Poultry for immediate slaughter may be moved into New Jersey within restriction except that poultry infected with or exposed to contagious diseases are prohibited unless accompanied by special prior permit. 2 3-5. 4 Salmonella enteriditis While present diagnosis and surveillance techniques for Salmonella enteriditis are not adequate for proper control and prevention the State of New Jersey will require that chickens imported into the State for Quarantines and Embargoes Avian Influenza and Equine Infectious Anemia Board of Agriculture. NJ*A. C. 2 5 expires on June 18 1989 pursuant to Executive Order No* 66 1978. The Department of Agriculture proposes to readopt this chapter with amendments to N*J*A. C. 2 5-3. 4 Avian Influenza* In 1988 and 1989 the Department substantially modified NJ*A. C. 2 5-2 Equine Infectious Anemia* There is a further need at this time to amend NJ*A. C. 2 5-2. 7. This is in response to comments the Department received on the 1989 amendments. The proposed amendment provides for a registration procedure for slaughter buyers which the Division of Animal Health believes is helpful* 1988-89 was the first winter in which there was no outbreak of Avian Influenza since 1985. However prudence and good veterinary practice indicates leaving the rules on the books. Specific routes to be followed by trucks transporting poultry have been deleted* Such decisions in the future will be made by the Director of the Division of Animal Health at the time and location of any future outbreaks These rules are designed to prevent and deal with the outbreak of diseases. They have a positive social impact to the extent that they prevent them* Any outbreak of an economically destructive disease can be devastating to the owner and much more expensive than the costs of precaution or compliance with these rules. In the face of such an outbreak the rules are economically beneficial* These rules will impact upon small businesses but as there is no other effective method of dealing with such outbreaks known to the Department the Department feels that prudence requires their being ready for such occurrences and to help prevent them* Therefore because the rules affect the public health and welfare no differentiation in requirements related to business size is provided in accordance with the Regulatory Flexibility Act N*J*S*A. 52 14B-16 et seq. Administrative Code at N*J*A. C. 2 5 and in the May 15 1989 New Jersey Register at 21 N*J*R* 1384 a. 2 5-2. 7 Other authorized movement or transfer a The provisions of N*J*A. C. 2 5-2. 5 and 2. 6 shall not apply to any horse or other equidae which is imported sold exchanged bartered given away or transported under permit from the Director of the Division of Animal Health New Jersey Department of Agriculture for purposes of immediate slaughter research return of the animal to the state country or farm of its origin or other authorized purpose provided written authorization for such movement or transfer is obtained in advance thereof from the Director. 1. -2. No change. 3. Horses imported or purchased for slaughter may be purchased only by a registered slaughter buyer. Persons may become registered by application to the Director ofthe Division of Animal Health on forms available from him or her. Registered slaughter buyers shall maintain and make available to the Division a record of sales including dates identification of animal and destination* Failure to maintain such records will be cause for removing the registered designation* 2 5-3. 1 Poultry importation a No live poultry originating from those designated areas or counties with confirmed cases of Avian Influenza so designated by the New Jersey Department of Agriculture. United States Department of Agriculture or other State state Departments of Agriculture shall be allowed into New Jersey for any purpose unless inspected by or under a prior permit of the Department of Agriculture. Routes Interstate shipment through New Jersey of live poultry a All trucks carrying live poultry through New Jersey for outof- state State markets must confine themselves to interstate highway system roads. All trucks carrying birds for slaughter in New Jersey must follow these routes designated by the Director of the. I. All trucks entering New Jersey from Pennsylvania and Delaware for the Vineland vicinity must adhere to the following routes either across the Delaware Memorial Bridge north on 1-295 or the New Jersey Turnpike to Route 322 east on Route 322 to Route 555 south or Route 40 east to United Poultry on Route 555 south to Park Avenue west and Almond Road* West To B B Poultry on Route 555 south to Chestnut Avenue west to South Mill Road to Vineland Kosher Poultry or across the Commodore Barry Bridge to Route 322 to Route 555. The New Jersey Turnpike to Route 322 east and follow the above route. 2 5-3. 4 N*J*A. C. 4 3-16 Waiver of Executive Order No* 66 1978 Authorized By Governor Thomas H. Kean Take notice that the Separations and Demotions rules NJ. A. C. 4 3-16 adopted by the Department of Personnel were due to expire on June 4 1989 pursuant to the sunset provisions of Executive Order No* 66 1978. Although the Department of Personnel is in the process of readopting these rules the rules would expire before readoption could be accomplished* Governor Thomas H. Kean has been informed by the Department of Personnel that readoption is expected by June 20 1989. These rules include procedures for layoffs in those political subdivisions subject to Title IIA of the New Jersey Statutes. The jurisdictions covered include all counties except Somerset and over 250 municipalities including all the large cities. It is essential that regulations governing layoffs in these jurisdictions remain in force to provide guidance as required by NJ*S*A. IIA 8-1 et seq. Therefore as Governor of the State of New Jersey and by the authority vested in him by Executive Order No* 66 1978 Governor Kean on April 25 1989 directed that the five-year sunset provision of Executive Order No* 66 1978 be waived for N*J*A. C. 4 3-16 and the expiration for the rules be extended for a period from June 4 1989 to June 20 1989 inclusive of both dates. B DIVISION OF PARKS AND FORESTRY Designation of West Pine Plains to System Proposed Amendment N*J*A. C. 7 2-11. 12 Department of Environmental Protection* 13 IB-15. 12a et seq. particularly 13 I B-15. 12a4 and 13 I D-9. DEP Docket Number 026-89-05. A public hearing concerning the proposed amendment will be held on Wednesday July 19 1989 7 00 P. M. Lebanon State Forest Office Route 72 Mile Marker I 1 mile east of Route 72 and Route 70 circle Woodland Township New Jersey 609 726-1191 Submit written comments by August 4 1989 to Judeth A. Piccinini Esq. Division of Regulatory Affairs New Jersey Department of Environmental Protection CN 402 The Department of Environmental Protection Department proposes to amend N*J*A. C. 7 2-11. 12 in order to designate the West Pine Plains as a component of the Natural Areas System* The West Pine Plains is a 3 380 acre State-owned parcel located within Bass River State Forest The Natural Areas System was established for the purpose of protecting and preserving natural and ecological resources for present and future generations. Pursuant to the requirements ofNJ*S*A. 13 IB-15. 12a6 the Department maintains a registry Register of public and private lands which are suitable for inclusion within the System* The Natural Areas Council Council periodically reviews the Register for the purpose of identifying Register sites which have the potential natural values to be designated as Natural Areas. After further study of such sites by the Division of Parks and Forestry the Council may recommend sites to be Protection* Upon proposal of the designation as a rule the Commissioner of Environmental Protection may adopt the designation subject to Gubernatorial approval* On August 9 1985 Commissioner of Environmental Protection Hughey placed the West Pine Plains as part of the 13 385 acre Pine Barren Plains on the Natural Areas Register see Administrative Order No* 104. In accordance with the procedures in N*J*A. C. 7 2-11. 6 the Office of Natural Lands Management Division of Parks and Forestry prepared a designation study documenting the suitability of the West Pine Plains for designation to the Natural Areas System* The Council reviewed the designation study and recommended the addition of the West Pine Plains to the Natural Areas System by vote at their May 5 1987 meeting and by letter to Commissioner Christopher J* Daggett on April 10 1989. The recommendation of the Council was approved by Commissioner Daggett on May 2 1989. The objective of designating the West Pine Plains as a Natural Area is to protect a significant portion of the Pine Plains a globally rare ecological community type which is only known to occur in areas of New Jersey and New York. The West Pine Plains is characterized by a naturally stunted forest vegetation which is native to several areas of the State. The biota of the West Pine Plains includes at least one rare plant species and 12 rare invertebrate species moths several of which are classified by the Office of Natural Lands Management as globally rare. The presence of so many globally rare moth species within one area is considered quite unusual* than one-fourth of the entire Pine Plains community in the State. The The addition of the approximately 3 830 acres of the West Pine Plains would bring the total acreage in the system to 29 615 acres. The proposed amendment assigns the West Pine Plains an interim classification of Conservation Preserve upon designation as a Natural Area see N*J*A. C. 7 2-11. 7. Classification as a Conservation Preserve reflects an initial determination that in order to attain the designation objective the majority of the natural area may be managed such that habitat manipulation is permissible in order to preserve a plant or animal species community type or ecosystem Specifically the Department expects to implement management practices minimizing wildfire suppression and maximizing the size and intensity of natural burning if weather conditions permit and life and property are not in danger. These techniques will help maintain the West Pine Plains ecosystem in its present form* In addition to such management practices specific to the West Pine Plains as the Commissioner may approve after designation as a Natural Area the site will be subject to those general interim management guidelines at N*J. A. C. 7 2- 11. 9 not inconsistent with the approved specific management practices pending completion of the formal management plan required by N*J*A. C. 7 2-11. 8. The West Pine Plains supports several rare plant and invertebrate species native to the State. Preserving the West Pine Plains as a component of the Natural Areas System will benefit present and future generations of State residents by preserving the natural and ecological values associated with its rare species. Adding the West Pine Plains to the Natural Areas System will not involve any acquisition of property since the entire area is currently Stateowned* Once the West Pine Plains is designated as a Natural Area the Department will be required to produce a formal management plan designed to maintain and if practicable enhance those natural features of the site worthy of preservation* The majority of these management cost to State citizens. Moreover implementing a formal management plan may reduce the Department s long-term management costs associated with this site by increasing management efficiency. Designating the West Pine Plains as a Natural Area is not expected to have an adverse economic impact on the general public since imposing management guidelines will only deny economic benefit to those persons seeking to profit from the unsafe or environmentally degrading use of Including the West Pine Plains in the Natural Areas System will allow the site as specified at N*J*A. C. 7 2-11 thereby ensuring the permanent protection of the natural resource features that the site supports. Until such time as a formal management plan for the West Pine Plains is adopted the interim management practices contained in N*J*A. C. 7 2-11. 9 and other interim management practices which may be proposed for the West Pine Plains site will preserve the integrity of its ecological community. In accordance with the New Jersey Regulatory Flexibility Act N*J*S*A. 52 14B-16 et seq. the Department has determined that the proposed amendment will not impose reporting record keeping or other compliance requirements on small businesses since the amendment imposes land management responsibilities on the Department but not on members of the general public* in boldface thus deletions indicated in brackets thus 7 2-11. 12 Natural Areas System c The foHowing are designated as components of the Natural Areas System 40. Wawayanda Swamp Natural Area i. -iii. No change. iv* Administering Agency Division of Parks and Forestry through Wawayanda State Park and 41. West Pine Plains Natural Area i. Location Bass River State Forest Woodland Township Burlington County ii. Designation Objective preservation of a significant portion of the globally rare Pine Plains community including rare plant and invertebrate species habitat iii. Interim Classification conservation preserve Bass River State Forest and Renumber existing 41. as 42. No change in text. DIVISION OF COASTAL RESOURCES N*J*A. C. 7 7 Flood Hazard Area Control Although the Department of Environmental Protection is in the process be completed by June 5 1989 and readoption ofN*J*A. C. 7 13 will be The coastal permit program rules at N*J*A. C. 7 7 establish the procedures by which the Department of Environmental Protection reviews permit applications and appeals from permit decisions including appeals to the Coastal Area Review Board under the Coastal Area Facility Review Act N*J*S*A. 13 19-1 et seq. the Wetlands Act of 1970 N*J*S*A. 13 9A-I et seq. and the Waterfront Development Law N*J*S*A. 12 5-3. Because of the extraordinarily environmentally sensitive nature of the coastal zone and the gravity of the subject matter covered by these rules it is important that no lapse in these rules occurs. The flood hazard area control rules at N*J*A. C. 7 13 establish the lat s construction and other activities in flood prone areas. Because the flood hazard area control program is necessary to protect public health public safety and the environment from the effects of unregulated activities in the flood hazard area it is important that no lapse in these rules occurs. Date for this chapter be e tended for the period of May 7 1989 through June 5 1989 inclusive ofbmh dates. Under the same authority Governor Kean also directed that the five-year sunset provision of Executive Order Notice of Extension of Comment Period on the proposed amendment of the flood hazard delineation of the Ramapo River. The notice of proposal was published on May I 1989 in the New Jersey Register at 21 N*1. R* 1046 b. Please refer to the proposal DEP Docket No* 021-89-04 for further information* Suzanne Dice-Goldberg DIVISION OF FISH GAME AND WILDLIFE BUREAU OF SHELLFISHERIES Proposed New Rules N*J*A. C. 7 25-24 seq. particularly 50 1-23 through 50 1-31 and 50 4-3. Proposed new subchapter N*1. A. C. 7 25-24 codifies and clarifies the procedures followed by the Department of Environmental Protection and the Atlantic Coast Section of the New Jersey Shell Fisheries Council Council when leasing bottom on New Jersey s Atlantic Coast for shellfish culturing and harvesting. The proposed new rules establish specify penalties for noncompliance. The proposed new rules were developed with the advice and approval of the Council and have been approved by the Marine Fisheries Council* A summary of sections of the proposed new rules follows N*1. A. C. 7 25-24. 1 to 24. 4 provide general information background and definitions. for a lease including payment of a biological survey fee. Deciding on lease applications. fees. leases. practices. than the lessee or the lessee s agent. for which leases are terminated and those which have been condemned as unfit for shellfish harvesting. Research or educational purposes or both. parties transferring leases to certify the accuracy of the information contained in lease applications and annual reports. 7 25-1. 5 which currently specifies Atlantic Coast lease fees and survey fees in order to transfer the fee schedule to the new subchapter at social impact on the State s commercial clammers as well as the general public* By codifying and clarifying the Department s Atlantic Coast leasing practices the proposed new rules will promote the fair systematic distribution of leased areas. The proposed prohibition on leasing productive areas should benefit both commercial and recreational c1ammers by designating productive bottom for use by all members of the public* By making leases available for research and education purposes the leasing policy will encourage research for the improvement of the shellfish resource and improve the general public s knowledge of the shellfish industry. The penalty provisions contained in the proposed rules will broaden the Department s oversight of the shellfish industry and will help protect clammers from poaching and other lease infringements. In general the proposed new rules should help the Department in its long-term management of the shellfish resource to the benefit of the clamming industry and all State citizens. The fees contained in the proposed new rules should have a minimal adverse economic impact upon the State s clammers. The Department is proposing a nominal annual lease fee of 2. 00 per acre or 2. 00 per 100 linear feet of shoreline in Mullica River and tributaries and Motts Creek and tributari. Es with a 5. 00 minimum fee per lessee. A one-time biological survey fee of 15. 00 is proposed to reimburse the Bureau of Shellfisheries for its administrative costs in performing biological surveys of prospective lease areas as authorized by N*J*S*A. 50 1-28. The proposed survey charge of 16. 50 per corner will compensate the Bureau authorized by N*1. S*A. 50 1-28. The typical commercial clammer can easily recoup the survey fees in appro imately one week in the course of his or her business after the first year clammers renewing their leases need only pay the annual lease fee of 2. 00 per acre. The penalties proposed for violations of the leasing policy are as established by the provisions ofN*1. S*A. 23 2B-14. Codifying the Atlantic Coast lease policy especially these penalty provisions should enhance the Department s efforts to deter poaching and other lease encroachments. These efforts will have direct economic benefit for commercial clammers by protecting their investments in the aquaculture industry. The proposed new rules make very few changes in the current leasing practices of the Council and are not e pected to significantly alter the amount or type of shell fishing on New Jersey s Atlantic Coast. The new research to improve aquaculture practices. record keeping or other compliance requirements on small businesses. Although most Atlantic Coast commercial clammers are small businesses as defined by the Act the paperwork involved in the lease application process and annual reporting will be minimal* Likewise the Department has determined that compliance with staking and other leasing requirements will not be burdensome on small business clammers. The rules will not need additional professional services or incur additional capital costs in order to comply with the proposal* Because of the de minimus nature of the proposed compliance requirements the proposed subchapter does not contain exemptions or special provisions for affected small businesses. In brackets thus 7 25-1. 5 Fee schedule a The following schedule of fees shall become effective immediately 2. Atlantic Coast lease fees 2. 00 per acre 2. 00 per 100 feet of frontage 4. Surveying per corner 15. 00 J tex. LEASING OF ATLANTIC COAST BOTTOM FOR AQUACULTURE 7 25-24. 1 Scope and authority This subchapter constitutes the rules of the Department of Environmental Protection governing the leasing of bottom on New Jersey s Atlantic Coast for the culturing of shellfish as authorized by N*J*S*A. 50 1-18 and 50 1-23 through 50 1-31. The objective of the leasing program is to provide bottom for use in the planting and cultivating of shellfish including aquaculture growout of hatchery reared seed and layout wet storage. If bottom will be used for cleansing relay activities its use is subject to the requirements of N*J*A. C. 7 12-9. 7 and 7 25-15. 1 instead of this subchapter. 7 25-24. 2 Construction 7 25-24. 3 Severability If any section subsection provision clause or portion of this subchapter or the application thereof to any person is adjudged unconsti tutional or invalid by a court of competent jurisdiction such judgment shall be confined in its operation to the section subsection provision clause portion or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the remainder of this subchapter or the applica tion thereof to other persons. 7 25-24. 4 Definitions have the following meanings unless the context clearly indicates otherwise Bottom means lands of the State under the tidal waters of the State except in the tidal waters of the Delaware River Delaware Bay and their tributaries. Bureau means the Bureau of Shellfisheries in the Division of Fish Game and Wildlife. Commercial Shellfish License means the commercial clam license required and available as specified in N*J*S*A. 50 2-1 to 50 2-5 and N*J*A. C. 7 25-8. 1. Commissioner means the Commissioner of the Department of Council means the Atlantic Coast Section of the New Jersey Lessee means that person or persons holding a lease of bottom to be exclusively used and enjoyed by the lessee for the planting and approved and signed by the Commissioner. New ground means bottom not leased as of the effective date after the effective date of this subchapter. Overstaking means the placement of stakes or buoys so as to delineate an area greater than that described in the lease. Productive means a determination by the Bureau that the bottom surveyed exhibits significant natural recruitment of one or more shellfish species as evidenced by one or more of the following factors shellfish density shellfish year class strength presence of juvenile shellfish size distribution of shellfish population environmental parameters salinity sedimentation and historical production record. Public bottom means bottom not subject to a valid lease on which shellfish may be harvested by members of the public subject to the provisions of this subchapter and any other applicable statutes and regulations. Shellfish means hard clams Mercenaria mercenaria soft clams Mya arenaria sea clams Spisula solidissima and oysters Crassostrea virginica. Or certificates issued by the New Jersey Department of Health pursuant to N*J*A. C. 8 13. Staking means the placement of stakes or buoys to mark the boundaries of a leased area* 7 25-24. 5 Lease applications for new ground a Lease applications for new ground shall be submitted in person on forms provided by the Department to Nacote Creek Shellfish Office P. O. Box 418 Route 9 Port Republic New Jersey 08241 609 441-3284 b An application for a shellfish lease for new ground may be submitted by any person who meets the statutory requirements for leasing specified at N*J*S*A. 50 1-23 through 50 1-31 and who is the holder of the following I. A valid New Jersey Commercial Shellfish License or c The biological survey fee for a lease of new ground is 15. 00 per application payable upon application* d Except pursuant to e below no single lease application for new ground shall cover more than two acres. Two acres will be accepted only for those lots located within the interior of a block of leased lots containing more than two acres but less than three acres which have already been mapped by the Department as of the effective date of this subchapter. F An individual may have only a single lease application for new ground pending at any time. Once an individual s application is denied by the Councilor granted by the Council and approved by the Commisisoner that individual may submit an additional lease application for new ground. G Applications for leases of new ground in areas classified as Prohibited Special Restricted or Seasonal Special Restricted as defined in N*J*A. C. 7 12 will not be accepted* Approved or Seasonal as defined in N*J*A. C. 7 12 will be accepted subject to the provisions of this subchapter and N*J. S*A. 50 1-23. 7 25-24. 6 Consideration of lease applications for new ground a Once the Department has received a fully completed lease application and biological survey fee submitted by a person satisfying the requirements at N*J*A. C. 7 25-24. 5 b d f and g closed to use by the public and the applicant until the Council decides to deny the lease or until the applicant receives the executed lease from the Department. B Once an applicant satisfying the requirements at N*J*A. C. 7 25-24. 5 b d f and g has submitted a fully completed lease cant shall delineate the approximate boundary of the proposed lease area with temporary corner stakes or buoys marked with the applicant s last name to enable the Bureau to conduct the biological survey specified in c below. C Except as specified in c 1 and 2 below before the Council grants any lease application for new ground the Bureau will conduct proposed lease area* If the applicant fails to phlce temporary stakes I. Any application to lease new ground in the area west of the exterior line delineated by lot numbers 2239 2240 2224 2236. 1 2262 2261 2267 2271 2269 2252 2254 2213. 1 2213 and 2282 on the Bureau s Section B Chart 24. 2 available for public inspection at the Bay/Hammock Cove shall be exempt from the requirement of a be exempt from the requirement of a biological survey and from payment of the biological survey fee provided however that after the effective date of this subchapter applications for new ground in no other leases i. Big Creek Great Bay lot numbers 398 399 400. 1 401. 1 402. 1 403. 1 404. 1 405. 1 406 407. 1 408. 1 409. 1 410 411. 1 412. 1 on the Creek Shellfish Office and ii. Mordecai Island Little Egg Harbor Bay lot numbers 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 on the Bureau s Section B Chart 13. 1 available for inspection at the N acote Creek Shellfish Office. d The leasing of new ground in areas classified as productive is discouraged* I. Applications to lease new ground will not be accepted for the following productive areas as delineated by the Bureau by reference to the National Oceanic and Atmospheric Administration Nautical Chart 12316 available for inspection at the Nacote Creek Shellfish Office i. Cape Horn Great Bay ii. Goose Bar Little Egg Harbor Bay iii. Lakes Bay and iv* Sunflower Island 2. For lease applications in all other areas the Bureau will classify the productivity of the proposed lease area based on the results of to aid the Council s evaluation of the lease application* e Consideration of lease applications by the Council shall be governed by the following I. Upon completion of the biological survey the Bureau shall place the application to lease new ground on the agenda filed with the Secretary of State pursuant to N*J*S*A. 10 4-6 et seq. of the next regularly scheduled Council meeting for the Council s consideration 2. At each regularly scheduled meeting the Council will receive public comment on all lease applications on its agenda and 3. The Council shall render a decision to deny a lease application or grant a lease application subject to approval by the Commissioner by the second regularly scheduled meeting after receiving public comment on the lease application* f The applicant shall attend at least one of the Council meetings at which the lease application is discussed in order to answer any questions that the Council might have about the lease application* Failure to attend at least one of the Council meetings at which the the lease application and the area applied for shall revert to public bottom* g Once the Council and the Commissioner have decided whether to grant or deny the lease application the applicant shall remove any temporary corner stakes or buoys placed pursuant to b above. If the lessee is subject to the staking requirements of N*J*A. C. 7 25-24. 10 upon receiving the executed lease from the Department. 7 25-24. 7 Hydrographic survey charges annual lease fees a Following approval of a lease of new ground by the Council and the Commissioner the Bureau shall perform a hydrographic survey of the lease area described in the application to verify its location and boundaries. Before the Department issues an executed lease to the applicant the applicant shall reimburse the Bureau for the expense of the hydrographic survey at the rate of 16. 50 per corner. Failure to reimburse the Bureau within 30 days of the Council s approval of the lease will constitute grounds for denial of the b The annual lease fee for Atlantic coast shellfish leases is 2. 00 per acre for those areas measured in acres. per 100 linear feet of shoreline for those areas measured in linear feet of shoreline Mullica River and tributaries Motts Creek and tributaries. D Notwithstanding b and c above the minimum annual lease fee for any lessee leasing bottom on the Atlantic Coast is 5. 00. 7 25-24. 8 Lease renewal a Lessees may renew their leases by submitting the annual lease fee in person at the Nacote Creek Shellfish Office by December 31 for the following calendar year. If illness or other extenuating circumstances prevent a lessee from renewing a lease by December 31 the Council in its discretion may extend the payment deadline by one month if an extension is requested by the lessee or the lessee s agent at the January Council meeting. If a lessee does not either renew the lease by the payment deadline or receive an extension of the payment deadline from the Council the lease shall be terminated for nonpayment after the January Council meeting and the area described in the terminated lease shall revert to the public bottom* b Renewal of the lease is subject to the lessee s meeting all statutory criteria for leasing specified at N*J*S*A. 50 1-23 through 50 1-31. valid Commercial Shellfish License or Shellfish Certificate. d At the time of renewal the lessee shall file a completed report indicating the number of days per month the lease was worked during the past lease term* The Bureau will provide reporting forms to all lessees by September 15 of each year. A Leases may be transferred only with the approval of both the Council and the Commissioner and only under the following circumstances I. The new lessee shall meet all statutory criteria for leasing specified at N*J*S*A. 50 1-23 through 50 1-31 and shall be the holder of transfer in person at the Nacote Creek Shellfish Office 3. A lease of new ground acquired through the application process shall not be transferred for a period of one year following the grant of the lease of the next regularly scheduled Council meeting for consideration* At that meeting the Council will receive public comment on the transfer application and shall render a decision to deny the lease by the Commissioner and areas to be transferred to verify their location and boundaries. Before lessee shaH reimburse the Bureau for the expense of the hydrographic survey at a rate of 16. 50 per corner. Failure to reimburse the Bureau within 30 days of the Council s approval of the transfer will constitute grounds for denial of the lease transfer and the lease area shall revert to public bottom* 7 25-24. I0 Staking of leases a All leases must be staked before working or by May I of each year whichever occurs first as specified below I. There shall be at least two stakes or buoys at each corner 2. Line stakes or buoys shall be placed no greater than 150 feet apart so as to delineate a definite line between corners 3. All stakes and buoys must project at least four feet above high water 4. If the lessee of record holds leases for two or more adjacent leased areas it is only necessary that the outside perimeter of the lessee s combined area be staked as specified in a I 2 and 3 above and 5. The above staking requirements do not apply where corner or line stakes or buoys would fall within a designated navigation channel* The placement of corner or line stakes or buoys within designated navigation channels is prohibited* b Failure to stake leases as specified at a above before working or by May I of each year shall subject the violator to termination of the lease upon the recommendation of the Council and the approval of the Commissioner. 7 25-24. 11 Improper staking of leases a Any person who stakes an area for which he or she does not possess a valid lease or lease application shall be subject to the penalties prescribed in N*J*A. C. 7 25-24. 17. b If a survey by the Bureau of Shellfisheries reveals that a lease is overstaked the lessee shall be required to I. Pay the expense of the survey 2. Pay a monetary penalty as provided in N*J. A. C. 7 25-24. 17 and 3. Relocate corner and line stakes to their proper positions immediately. c Failure to relocate corner or line stakes or both immediately upon notification of overstaking shall subject the violator to termination of the lease upon the recommendation of the Council and the approval of the Commissioner. D More than one instance of overstaking shall subject the violator to termination of the lease upon the recommendation of the Council and approval of the Commissioner. E Removal of a lessee s stakes or buoys by a person other than the Jessee or the Jessee s agent is prohibited* Violators shall be subject to the penalties prescribed in N*J*A. C. 7 25-24. 17. 7 25-24. 12 Protection of leased lands from invasion A person shall not dredge upon throw cast or drag an oyster dredge use oyster tongs rakes forks or other instruments or appliances used for catching oysters or clams or tread for clams upon any of the leased lands of the State lying under the tidal waters of the Atlantic seaboard or tributaries thereof above Cape May Point other than land or ground for which such person or his or her employer then holds a lease from the Council* Violators shall be 7 25-24. 13 Disposition of condemned lease areas a Any bottom leased through the application process after the effective date of this subchapter and subsequently condemned for the harvest of shellfish pursuant to N*J*S*A. 58 24-1 et seq. as implemented by N*J*A. C. 7 12 shall be governed by the following 1. The lessee shall be given a period of two years from the date the lease area was condemned during which time the lessee may move any shellfish present to a lease in approved water. To exercise the option to remove shellfish to approved waters the lessee of a condemned lease area shall maintain a valid Commercial Shellfish License or Shellfish Certificate and renew the lease if necessary as specified in N*J*A. C. 7 25-24. 8 2. Prior to moving any shellfish the lessee shall apply for and receive a special permit for this purpose issued pursuant to N*J*S*A. 58 24-1 et seq. as implemented by N*J*A. C. 7 12 from the Division of Water Resources Bureau of Marine Water Classification and Analysis 3. During the two year period following the condemnation of a lease area the lease shall not be transferred except by descent or transfer of a lease specified in N*J*A. C. 7 25-24. 9 a. A transfer occurring because of the lessee s death does not affect the two year period allowed for removal of shellfish and 4. At the end of the two year period specified in a above the lease shall be terminated* The lease shall not be renewed or extended unless the lessee demonstrates the need to continue the lease to the may include illness. Failure to obtain a permit for transplanting shellfish shall not be grounds for extension of the lease. If a lease governed by this subchapter is terminated for any reason or other statutes or rules. 7 25-24. 15 Research/educational activities a The Council may grant subject to the approval of the Commissioner leases of new ground to educational institutions for the purpose of research or education or both. Such leases shall be in the name of the institution and the responsible investigator. b The application for a research/education lease shall be accompanied by a written proposal explaining the need for the lease and describing the research to be conducted* c The holder of a research/education lease shall apply for annual lease renewal prior to December 31 of each year. Renewal of a use of the lease during the past lease term* The report shall explain the research and education activities conducted and the results obtained* In addition a proposal for use of the lease for the coming year shall be submitted as part of the report. D Applications reports and proposals for research/education leases and research/education lease renewals shall be reviewed by Bureau staff who shall recommend to the Council and to the Commissioner whether to grant renew or deny each lease for the purpose e A lease issued for the purpose of research or education or both shall not be used as a commercial venture or profit making activity for any institution investigator student or any other person* Shellfish or other items obtained through a research/education lease shall not be sold under any ci rcumstances. F Leases for research/education purposes are subject to the provisions of this subchapter except as follows I. A commercial shellfish license or shellfish certificate is not required for obtaining or renewing the lease see N*J*A. C. 7 25-24. 5 2. The Bureau will not conduct a biological survey unless requested by the Council* If the Bureau conducts a biological survey 3. A lease fee will not be charged see N*J*A. C. 7 25-24. 7 not charge a hydrographic survey fee however the lessee shall follow 5. The Council with the approval of the Commissioner may grant of the Council the written proposal accompanying the lease application justifies the need for the increased lease size. G. The lessee of record shall comply with all other provisions of h Failure to comply with the specific provisions of this section may result in termination of the lease by the Council with the 7 25-24. 16 Signatories certification a All applicants shall upon submission of initial or renewal I. I certify under penalty of law that the information provided in this document is true accurate and complete. I am aware that there are significant civil penalties for submitting false inaccurate or incomplete information and significant criminal penalties including fines and/or imprisonment for submitting false inaccurate or incomplete information or information which I do not believe to be true. B Penalties for false swearing or false reporting may include the penalties set forth in N*J*S*A. 2C 28-3 and the penalties set forth 7 25-24. 17 Penalties Violations of any section of this subchapter or any lease or order issued pursuant to it shall subject the violator to the penalties set forth in the Marine Fisheries Management and Commercial Fisheries Act N*J*S*A. 23 2B-I et seq. at N*J*S*A. 23 2B-14. Penalties may include monetary penalties of 100. 00 to 3 000 for a first violation and 200. 00 to 5 000 for any further violations. Penalties may also include confiscation of any vessel or equipment used in committing a violation*The Department may compromise and settle any claim for a penalty under this subsection in such amount in the discretion all the circumstances. DIVISION OF SOLID WASTE MANAGEMENT BOARD OF PUBLIC UTILITIES Utilities Christine Todd Whitman President Tuesday July I J 1989 at 7 00 P. M. at the following location Administration Building/Court Plaza South 21 Main Street Hackensack New Jersey Marlen Dooley Esq. The joint agency proposal follows On February 24 1988 the Department of Environmental Protection DEP and the Board of Public Utilities BPU issued an emergency waste flow order to redirect the solid waste generated from within Bergen County New Jersey except waste from the Borough of North Arlington from the Kingsland Park Sanitary Landfill Extension facility number 0232C to the temporary Bergen County Transfer Station located in the Borough of North Arlington for processing and transport to out-of-State facilities. This order became effective on March I 1988. The emergency occurred due to the closure of the Kingsland Park Sanitary Landfill Extension on February 29 1988 and the lack of available alternative solid waste disposal capacity within Bergen County. Subsequently Bergen County constructed a permanent regional baler/transfer station facility in the Boroughs of Lyndhurst and North Arlington* On September 21 1988 the DEP and the BPU issued a second emergency waste flow order to initiate the redirection of solid waste generated from al*l the municipalities in Bergen County except for type 10 household waste from North Arlington from the temporary baler/transfer station to the permanent baler/transfer station* redirection order. Therefore the proposed amendment directs all Bergen County solid waste except type 10 household waste from North Arlington to the permanent baler/transfer station facility number 0239EISPOI. Type 10 household waste from North Arlington will continue to be directed to the HMDC Baler/Balefill facility number 0239C/0232D located in North Arlington* Kingsland Park Sanitary Landfill Extension closed on February 29 1988. There was a lack of adequate alternative disposal capacity for Bergen County waste. The county designated a temporary and subsequently a permanent baler/transfer station for the processing of all the solid waste generated within Bergen County and the transport of the waste to outof-State facilities except for type 10 household waste from North Arlington. The use of the transfer station ensures coordination and final disposal of Bergen County s solid waste until alternative in-county solid The tipping fee charged at the transfer station is higher than the tipping fee that was charged at the Kingsland Park Sanitary Landfill Extension* The increase in tipping fees at the transfer station was a result of the increased cost associated with long distance hauling to out-of-State facilities the development of a state-of-the-art transfer station and the securing of long term contracts for guaranteed disposal privileges for Bergen to reflect the September 21 1988 emergency order will continue this result from this amendment. Ensure the ability of Be
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