STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblywoman DIANNE C. GOVE
District 9 (Atlantic, Burlington and Ocean)
Assemblyman BRIAN E. RUMPF
District 9 (Atlantic, Burlington and Ocean)
SYNOPSIS
Requires assessment of bay scallop resource, and authorizes DEP to establish a bay scallop fishery.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the harvesting of scallops, amending R.S.50:2-10, and supplementing Title 50 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.50:2-10 is amended to read as follows:
50:2-10. No boat, or vessel, propelled wholly or in part by steam, naphtha, gasoline, electricity or any other mechanical motive power, shall engage in the catching or taking of shellfish from any of the natural beds, under the tidal waters of this State, while so mechanically propelled, except as otherwise specifically provided in R.S.50:3-6 [and], R.S.50:4-2 , and section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2007, c.338, s.37)
2. (New section) The Department of Environmental Protection shall undertake, in consultation with the Shell Fisheries Council, an assessment of the bay scallop (Argopecten irradians) resource in the State. If as a result of this assessment, the department determines, in consultation with the Shell Fisheries Council, that there is a sufficient resource to support the establishment of a bay scallop fishery, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations providing for the taking and management of bay scallops in the State, which rules and regulations may provide for the mechanical harvest of bay scallops if determined to be appropriate.
3. This act shall take effect immediately.
STATEMENT
This bill would require the Department of Environmental Protection (DEP) to undertake, in consultation with the Shellfisheries Council, an assessment of the bay scallop resource in the State. If as a result of this assessment, the department determines, in consultation with the Shellfisheries Council, that there is a sufficient resource to support the establishment of a bay scallop fishery, the DEP shall adopt, pursuant to the "Administrative Procedure Act," rules and regulations providing for the taking and management of bay scallops in the State, which rules and regulations may provide for the mechanical harvest of bay scallops if determined to be appropriate.
Existing law at R.S.50:2-10 generally prohibits the taking of shellfish though mechanical means, and there is not a bay scallop fishery in the State. This bill would require an assessment of the bay scallop resource to be undertaken and allow for the management of a bay scallop fishery through rules and regulations adopted by the DEP.