Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Eliminates prohibition against taking shellfish on Sunday for commercial shellfish aquaculture producers.
CURRENT VERSION OF TEXT
An Act concerning the taking of shellfish on Sunday 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. a. 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 subsection b. of this section. 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.
b. A commercial shellfish aquaculture producer is exempt from the restriction on the collecting and catching of shellfish on Sunday pursuant to subsection a. of this section, except that shellfish shall not be taken before sunrise or after sunset on Sunday. A commercial shellfish aquaculture producer is required to adhere to any rules and regulations for the harvest of oysters adopted by the Department of Environmental Protection, in consultation with the Shellfisheries Council, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).
As used in this subsection, “commercial shellfish aquaculture producer” means a person or business directly engaged with shellfish aquaculture, such as the breeding, raising, and harvesting of shellfish, to produce food and other commercial products.
(cf: P.L.2007, c.338, s.39)
2. This act shall take effect immediately.
This bill eliminates the
prohibition against the taking of shellfish on Sunday for a commercial shellfish
aquaculture producer. Under
the bill, the taking of shellfish on any day of the week by a commercial shellfish aquaculture producer, excluding before sunrise and after sunset, would be allowed subject to the rules and regulations adopted by the Department of Environmental Protection, in consultation with the Shellfisheries Council.