Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
SYNOPSIS
Changes DEP authority to allow taking of aquacultured shellfish on Sunday.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the taking of shellfish, and amending R.S.50:2-11.
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.2023, c.137 (C.50:2-11.1). The Department of Environmental Protection, in consultation with the 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] aquacultured shellfish 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.2023, c.137, s.1.)
2. This act shall take effect immediately.
STATEMENT
This bill would change the authority of the Department of Environmental Protection, in consultation with the Shellfisheries Council, to allow for the adoption of rules and regulations only for the harvest of all types of aquacultured shellfish on Sundays, during specific times, in specific areas, and using specific methods of harvest. Current law authorizes the adoption of rules and regulations only for the harvest of oysters on Sundays during specific times, in specific areas, and using specific methods of harvest.