Scuba Diving - New Jersey & Long Island New York

Scuba Diving - New Jersey & Long Island New York

Catch Restrictions

spearNew Jersey - 2008

This information should be used only as a guide, since regulations are constantly being modified.

See also:

Species Minimum Size Possession Limit
per person per day
 
Lobster
see Additional Regulations
Tautog
( Blackfish )
2008 season closed through July 15
14"  
Jan 1 - May 31: 4 per person per day
June 1 - Nov 14: 1 per person per day
Nov 15 - Dec 31: 8 per person per day
Black
Sea Bass
12"
total length
25
Summer
Flounder
( Fluke )
18"
total length
8
Open season:
May 26 - Sept 7
Winter
Flounder
12"
total length
10
Open seasons:
March 23 - May 21
Deep-Sea
Scallop
3 - 1/2"
hinge to front
of shell
Striped
Bass
& hybrids
( in Atlantic
Ocean only )
28"
total length
2
Porgy
( Scup )
9"
total length
50
Open season:
Jan 1 - Feb 28
July 1 - Dec 31
American
Eel
6" 50
Blue
Crab
soft - 3 - 1/2"
hard - 4 - 1/2"
1 bushel
Bluefish no
minimum
size
15
Whelk
( Conch )
5"
Hard
Clam
1 - 1/2" 150
Weakfish 13"
total length
6
Cod 21"
total length
Pollock 19 "
total length
Haddock 21"
total length
Sharks
all, except
Dogfish
48"
total length
2 per
vessel

Prohibited Species
Atlantic
Sturgeon
Shortnose
Sturgeon
Bigeye Sand
Tiger Shark
Sand
Tiger Shark
Basking Shark
Whale Shark

White Shark
 

This is a partial listing - restrictions on other species exist.

No species of fish with a minimum size limit listed above may be filleted or cleaned at sea ( except Striped Bass if the fillet is at least 28" long ). Party boats licensed to carry 15 or more passengers may apply for a permit to fillet the above species, except Striped Bass, at sea.

fish cops
... because you really don't want this to happen to you !

Edible species that are unregulated:

Although you'd have to be pretty hard-up to eat some of these ...

  • Goosefish ( Monkfish )
  • Cunner ( edible ? )
  • Kingfish
  • Spot ( Lafayette - awfully small though )
  • Red Hake ( Ling )
  • Silver Hake ( Whiting )
  • Triggerfish
  • Sea Raven & Sea Robin ( edible ? )
  • Eelpout
  • Skates & Rays ( most, not all )
  • Jacks
  • Rock Crab
  • Moon Snail
  • Mussels
  • Scallops
  • Oysters

Of course, it is completely illegal to harm any type of marine mammal, sea turtle, or sea bird.

In fresh water, it is illegal for a diver to take any kind of game fish - bass, trout, perch, etc - although it may be legal to take "rough fish" - catfish, carp, etc. Check local regulations.

Notes:

measurements:

regsregsregs
regs

23:10-20. Searches and seizures; immunity from civil suit

A member of the Fish and Game Council and any conservation officer may, without warrant search and examine any boat, conveyance, vehicle, fish box, fish basket, game bag, game coat or other receptacle for game and fish, when he has reason to believe that a provision of this Title, or any law supplementary thereto, or the State Fish and Game Code has been violated, and shall seize and take possession of any firearms, bows and arrows, shells or cartridges, fishing rods and reels, fishing lines, knives, lights, slingshots, traps, spears, spear guns or any other article or equipment that has been illegally used or any bird, animal or fish unlawfully caught, taken, killed, had in possession or under control, shipped or about to be shipped. A court, upon receiving proof of probable cause for believing in the concealment of a bird, animal or fish so unlawfully caught, taken, killed, had in possession or under control, shipped or about to be shipped, shall issue a search warrant and cause a search to be made in any place, and to that end, may, after demand and refusal, cause any building, enclosure or car to be entered, and any apartment, chest, box, locker, crate, basket or package to be broken open and its contents examined by a member of the Fish and Game Council or any conservation officer. All firearms, bows and arrows, shells or cartridges, fishing rods and reels, fishing lines, knives, lights, slingshots, traps, spears, spear guns or any other article or equipment that has been illegally used and seized by a member of the council or any conservation officer shall be returned to the defendant when and if the case has been dismissed, if he has been found not guilty, or if he has been convicted and has paid the penalty and costs imposed, if any.

The member of the council or conservation officer shall not be liable for damages by reason of any such search or the seizure of any nets or fishing, hunting or trapping apparatus in accordance herewith.

Amended by L.1948, c. 448, p. 1830, s. 88; L.1972, c. 184, s. 1, eff. Dec. 12, 1972.

But Should You Eat It ?

See Health Advisories for information on mercury and other pollutants in seafood.


 

Lobster Regulations

Recreational Lobster Rules - Summary:

After
Date
Minimum
Size (a)
Maximum
Size (c)
Jan 8, 2008 3 - 3/8" 5 - 1/4"

Catch limit remains 6 per person per day.
And don't drive faster than 55 mph.

more

Lobster possession limits

American lobster taken by hand or any gear or methods other than otter trawl, pot or trap shall be limited to six lobsters in possession or taken in any one calendar day.

regsA person shall not posses a female lobster bearing a V-shaped notch ( that is, a straight-sided triangular cut without setal hairs, at least one-eighth inch in depth and tapering to a sharp point ) in the flipper next to the right of the center flipper as viewed from the rear of the female lobster. V-notched female lobster also means any female which is mutilated in a manner which could hide, obscure or obliterate such a mark. The right flipper will be examined when the underside of the lobster is down and its tail is toward the person making the determination.

The taking or possession of female lobsters with eggs attached or from which eggs have been removed is prohibited. The taking or possession of female lobsters with a v-notched tail is prohibited. The use of any spear, gig, gaff or other penetrating device is prohibited.


 

Tautog ( Blackfish ) Catch Limits

Blackfish

At the recommendation of the Atlantic States Marine Fisheries Commission, the New Jersey Marine Fisheries Administration has adopted the following catch restrictions for Blackfish:

2008 season closed through July 15

Jan 1 - May 31 4 per person per day
14" minimum total length
June 1 - Nov 14 1 per person per day
Nov 15 - Dec 31 8 per person per day

New York has adopted similar measures.


 

Health Advisories

For Atlantic Ocean only; other advisories apply for other areas and inland

  1. Lobster:
    do not eat green gland ( tomalley )
     
  2. Striped Bass:
    do not eat more than once a week ( or once a month )
    pregnant women & children - do not eat
     
  3. Bluefish:
    for fish over 6 pounds: do not eat more than once a week ( or four times per year )
    for fish under 6 pounds: do not eat more than once a week ( or once a month )
    pregnant women & children - do not eat
     
  4. American Eel:
    do not eat more than once a week ( or four times per year )
    pregnant women & children - do not eat

Also, although there's no official government warning on the subject, you'd have to be pretty crazy to eat Conger Eel from local waters, as their fatty tissues accumulate toxins and pollutants in startling levels. In general, the best way to avoid this sort of low-level contamination when hunting or fishing is to avoid large old individuals of any species. These fishes have had longer to build up concentrations of harmful chemicals in their tissues. Instead, choose smaller younger targets if you are concerned about health matters. This is probably also true for lobsters and other invertebrates as well.

Should you eat it ? Mercury concerns in seafood - differing opinions

Fishing for a Low-Mercury Dinner

Tuesday, December 23, 2003
By Lauran Neergaard,
Associated Press

WASHINGTON - Fish are heart-healthy, and most people should eat more. But fish also can contain mercury, and too much mercury can harm brain cells, especially in the very young.

So what are the best choices for both the heart and the brain?

Salmon and oysters top the list as high in heart-healthy omega-3 fatty acids and very low in mercury, and there are numerous other low-mercury choices, too.

Yet the government has no consumer-friendly list of its own mercury testing results to help people of different ages choose seafood.

In fact, the good news about low-mercury choices has been far overshadowed by a battle over which fish the Food and Drug Administration should warn people most at risk from mercury, pregnant women and young children, to avoid. That controversy made headlines again recently as the FDA grappled with whether certain types of ever-popular tuna should be on the do-not-eat list for those people.

The potential backlash effect, even mercury critics acknowledge, is that many consumers could be scared away from fish in general - a bad choice.

"It's really unfortunate," especially for middle-aged people who are most in need of fish and least at risk from mercury, says Dr. William S. Harris of the American Heart Association.

His organization recommends that most people eat a variety of fish rich in omega-3s at least twice a week, even more for those diagnosed with heart disease.

"the message should be: 'Eat more fish for your health while minimizing your mercury intake,'" adds Ned Groth, a scientist with Consumers Union, a nonprofit group that is pushing the FDA to publicize low-mercury choices.

Mercury pollution washes into waterways and builds up in fish. The bigger the fish, the more mercury it contains.

Over time, the metal can accumulate in fish-eaters' bodies, too. High enough levels can damage the growing brains of fetuses and young children. About 8 percent of women of childbearing age have enough mercury in their blood to put a fetus at risk.

Far less is known about the potential dangers of mercury-containing seafood in other people. Consumer advocates say about 3 million people are extreme seafood lovers, eating so much of it per week that, depending on what varieties they choose, they might be at risk, too.

Still, exposure by fetuses and young children are clearly the biggest concern. The FDA's scientific advisers recently urged the government to stress low-mercury choices for women of childbearing age and youngsters, so the FDA is rewriting its seafood recommendations. The new list is due out next spring.

For now, a review of FDA's mercury measurements in 39 seafood varieties shows:

  1.  Salmon, oysters, whitefish, sea bass, freshwater trout, and sardines contain both high levels of heart-healthy omega-3s and low mercury levels, below 0.13 parts per million.
  2. Other low-mercury choices include perch, king crab, flounder, sole, pollock, catfish, croaker, scallops, crawfish, shrimp, clams, and tilapia. They contain less omega-3s, but servings can add up.
  3. Tuna is controversial, because different varieties contain different amounts of both mercury and heart-healthy fats. Canned light tuna contains a small amount of omega-3, about as much as shrimp, and fairly low 0.13 ppm mercury. But fresh tuna steaks and the more expensive canned white or albacore tuna contain three times as much mercury, and almost as much omega-3 as salmon.
  4. Also in the medium-mercury range are saltwater trout, bluefish, lobster, halibut, haddock, snapper and crabs. Grouper and orange roughy are at the high end of this group. FDA's advisers said women of childbearing age probably should limit these fish to a serving a week.

The FDA advises women of childbearing age to avoid shark, swordfish, king mackerel and tile- fish, which contain the most mercury of species tested to date.

Go easy on fried and breaded fish like fish sticks; heart-harming grease outweighs the omega-3s.

Check local mercury advisories if you're eating fish from local lakes and ponds, which can be much more polluted than the sources of commercial fish.

For most men and post-menopausal women, mercury concern plummets and the main message is to eat a variety of fish and more of it, the heart association says.

'If they're eating the same fish day after day, that's probably not wise,' said Harris, a researcher at the Mid-America Heart Institute in Kansas City, Mo. 'It's probably good to mix it up.'

Fishy Mercury Warning

Thursday, December 25, 2003
By Steven Milloy
Fox News

The Food and Drug Administration just issued a new warning to pregnant women about mercury in seafood. You can 'protect your baby' from developmental harm by following three rules, claims the FDA.

But there's no evidence that the rules will protect anyone and they're only likely to foster undue concern about an important part of our food supply.

'Do no eat shark, swordfish, king mackerel or tilefish because they contain high levels of mercury,' is the FDA's first rule.

It's certainly true that such larger fish tend to have higher levels of mercury in their tissue since mercury levels tend to accumulate up the food chain. But unless women are consuming fish that have been exposed to industrial-level concentrations of mercury for extended periods of time - as Japanese women in the vicinity of Minamata Bay did during the 1950s - it's not at all clear that consuming large fish is any sort of health risk.

Researchers from the Harvard School of Public Health recently reported in the Journal of Occupational and Environmental Medicine ( Feb. 2002 ) that they could not find mercury-related health effects among a group of regular swordfish consumers.

Although a 'significant relationship between fish consumption and blood mercury concentrations' was identified by the researchers, 'higher blood mercury concentrations were, however, not associated with specific patterns of health complaints.'

There is also no evidence of a general threat to infants and children from typical maternal consumption of fish with typical mercury concentrations.

'No evidence of adverse effect from either pre- or post-natal exposure to methyl mercury,' is how Thomas W. Carson of the University of Rochester School of Medicine characterizes the results of an ongoing study of children in the Seychelles Islands.

In fact, 'a surprising finding in the results of the examination of children at 66 months of age was that several [intelligence] tests scores improved as either pre- or post-natal mercury levels increased linear regression analysis reveals statistically significant beneficial correlations,' noted Dr. Carson.

That's exactly the opposite situation of what the FDA claims as the basis of its warning!

Aside from Minamata Bay, not a single clinical case of mercury poisoning associated with fish consumption is to be found in the scientific literature, according to Dr. Carson.

It seems the FDA is warning ( scaring? ) us about a scenario that has, essentially, never occurred.

The FDA's other two rules are similarly not grounded in science.

'Levels of mercury in other fish can vary. You can safely eat up to 12 ounces ( two to three meals ) of other purchased fish and shellfish per week. Mix up the types of fish and shell fish you eat and do not eat the same type of fish and shellfish more than once a week,' warns the FDA's second rule.

Now where did the 12 ounces-per-week figure come from? Is there evidence that consuming 13 ounces per week - or for that matter, 130 ounces per week - is dangerous? Is there evidence that eating the same type of fish and shellfish more than once a week is harmful?

The FDA's 12 ounces-per-week rule is simply arbitrary.

The third FDA rule reads, 'Check local advisories about the safety of fish caught by family and friends in your local rivers and streams. If no advice is available, you can safely eat up to 6 ounces ( one meal ) per week of fish you catch from local waters, but don't consume any other fish during that week.'

The FDA apparently wants us to think that any given local body of water is potentially a Minamata Bay situation, where tons of mercury were dumped into the water over the course of two decades. But even if such situations existed in the U.S. - and they never have - the Minamata Bay mercury poisoning victims no doubt consumed much more fish than one six-ounce meal per week.

Seafood is most definitely part of a healthy diet. Further, the seafood industry is a large part of our economy. Unless the FDA has a science-based health warning to issue, it ought to clam up.

 

Steven Milloy is the publisher of JunkScience.com, an adjunct scholar at the Cato Institute and the author of Junk Science Judo: Self-Defense Against Health Scares and Scams ( Cato Institute, 2001 )

Respond to the Writer

 

USFDA Methyl-Mercury Advisory Levels
Fish
Type
Omega-3
ounces
per serving
Methyl-
Mercury
Level
Salmon
Sardines
Oysters
Halibut
Shark
Tilefish
Tuna, white *
Tuna, light *
Swordfish
Lobster
Crab
Pollock
Mackerel
Shrimp
Clams
Scallops
0.68 - 1.83
0.98 - 1.70
0.37 - 1.17
0.40 - 1.00
0.90
0.80
0.73
0.26
0.70
0.07 - 0.41
0.34 - 0.40
0.46
0.34
0.27
0.24
0.17
Low
Low
Low
Medium
High
High
Medium
Low
High
Medium
Low-Medium
Low
High
Low
Low
Low
* Canned; a serving is three ounces


 

Sources & Disclaimer

The information presented here is as complete and correct as I can make it. However, the author is in no way responsible for incorrect or obsolete information and/or typographical errors presented here. Verify all regulations yourself before taking any type of fish or shellfish.

NMFS National Marine Fisheries Service ( NMFS )
NE Region
1 Blackburn Pl.
Gloucester MA 01930-2298
  • possession limits: 508-281-9260
  • federal permit applications: 508-281-9370
  • local NMFS law enforcement: 609-390-8303 or 908-528-3315
  • Tuna Quota updates: 301-713-1279
NJDEP
NJDFGW
NJ Department of Environmental Protection
Division of Fish, Game & Wildlife
CN 400
Trenton NJ 08625-0400
  • information: 609-292-2965
  • marine fisheries: 609-292-2083
  • shellfisheries: 609-984-5546
  • law enforcement: 609-292-9430
Atlantic States Marine Fisheries Council ( ASMFC )
MAFMC
Mid Atlantic Fisheries Management Council

For additional Health Advisory information, contact:

NJ Department of Environmental Protection

Much of this information is taken from the New Jersey Fish & Wildlife Digest, 2002 Marine Issue.


 

Regulatory Contact List

MAFMCFederal:

New Jersey:

New York:

General: