S520 SCS

Sponsored by:

Senator NILSA I. CRUZ-PEREZ

District 5 (Camden and Gloucester)

SYNOPSIS

Exempts shellfish aquaculturists with commercial shellfish aquaculture license from law prohibiting taking of shellfish on Sunday; requires submission of annual shellfish harvest report.

CURRENT VERSION OF TEXT

Substitute as adopted by the Senate Environment and Energy Committee.

An Act concerning the taking of shellfish, amending R.S.50:2-11, 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.50:2-11 is amended to read as follows:

50:2-11. No person shall dredge upon, or throw, cast , or drag an oyster dredge or any other instrument or appliance used for catching shellfish, or assist in so doing, or collect shellfish by any means, upon any of the lands lying under the tidal waters of this State before sunrise or after sunset, or at any time on Sunday, except that clams may be taken from the waters of the Raritan Bay, Sandy Hook Bay, Shrewsbury River , or Navesink River on Sunday, and except as provided in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The [department] Department of Environmental Protection, in consultation with the [council] Shellfisheries Council, may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations for the harvest of oysters on Sunday during specific times, in specific areas, and using specific methods of harvest. The maintenance of leases, limited to the moving and planting of shell, oyster , and clam seed , and the use of bagless oyster scrapes, shall be permitted on Sunday.

(cf: P.L.2007, c.338, s.39)

2. (New section) a. A shellfish aquaculturist shall be exempt from the restriction on the collecting and catching of shellfish on Sunday, established pursuant to R.S.50:2-11, provided that the taking of shellfish on Sunday:

(1) does not occur before sunrise or after sunset; and

(2) occurs only on leased aquaculture lands and is done only for commercial purposes, in accordance with applicable rules and regulations pertaining to the harvest of shellfish, including, but not limited to, those rules and regulations that are adopted pursuant to R.S.50:2-11, regarding the taking of shellfish.

b. As used in this section:

“Commercial purposes” means that the taking of shellfish is done for the purposes of commercial sale and not for other purposes, such as trade, barter, or personal consumption.

“Shellfish aquaculturist” means a person or entity that holds a valid commercial shellfish aquaculture permit and is directly engaged in shellfish aquaculture, which is a commercial activity that includes the breeding, raising, harvesting, stocking, feeding, transplanting, and protecting of shellfish, and the subsequent marketing, processing, and packaging of shellfish in controlled environments for commercial purposes.

3. (New section) A person who holds a commercial shellfish permit shall submit an annual harvest report, in writing, on or before December 31 of each year, to the Department of Environmental Protection. Each report shall disclose, for the annual reporting period, the amount of shellfish harvested on State-leased aquaculture lands, as well as the amount of wild shellfish harvested by the permittee.

4. This act shall take effect immediately.