ASSEMBLY, No. 2023

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 13, 1996

 

 

By Assemblyman ASSELTA

 

 

An Act concerning the taking of oysters, amending various sections of statutory law, and supplementing Title 23 of the Revised Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. R.S.50:1-5 is amended to read as follows:

    50:1-5. The Commissioner of Environmental Protection shall have full control and direction of the shellfish industry and resource and of the protection of shellfish throughout the entire State, subject to the provisions of this [Title. He] title. The commissioner shall make such rules and regulations as may be necessary for the preservation and improvement of the shellfish industry and resource of the State, after consultation with the Shell Fisheries Council and subject to the disapproval, as hereinbefore provided, of the Marine Fisheries Council. For purposes of this title [ the term], "oysters landed" means oysters harvested for sale and shall not include oysters taken for any other purpose, including, but not limited to, replanting; "shellfish" [shall mean] means all species of benthic mollusks, including, but not limited to, hard clams, (Mercenaria mercenaria) soft clams (Mya arenaria), [sea] surf clams ([Mactra] Spisula solidissma) and oysters (Cassostrea virginica); and [the term] "commissioner" [shall mean] means the Commissioner of Environmental Protection.

(cf: P.L.1979, c.199, s.14.)

 

    2. R.S.50:1-18 is amended to read as follows:

    50:1-18. a. The Shell Fisheries Council shall be composed of [nine]10 members; one each residing in the counties of Monmouth, Ocean, Burlington, Atlantic[, Cape May] and Salem, two residents of Cape May County, and three residents of Cumberland county; each of whom shall be a licensed and practicing shellfisherman and shall be chosen with due regard to his knowledge of and interest in the shellfish industry and in the conservation and management of shellfish. Each member of the council shall be appointed by the Governor, with the advice and consent of the Senate, for a term of 4 years and shall serve until [his] a successor has been appointed and has qualified.

    Any vacancies in the membership of said council occurring other than by expiration of term shall be filled by the Governor, with the advice and consent of the Senate, for the unexpired term only. Any member of the council may be removed from office by the Governor, for cause, upon notice and opportunity to be heard.

    The members of the council shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. Each section of the council shall annually elect a chairman of the council from its own members.

    b. The council shall, subject to the approval of the commissioner, formulate comprehensive policies for the preservation and improvement of the shellfish industry and resource of the State. The council shall also: (1) consult with and advise the commissioner and the Marine Fisheries Council with respect to the implementation of the shellfisheries program; (2) study the activities of the shellfisheries program and hold hearings with respect thereto as it may deem necessary or desirable; and (3) initiate, by resolution of the council, proposed rules and regulations concerning shellfish to the commissioner.

    c. No lease of any of the lands of the State under the tidal waters thereof, to be exclusively used and enjoyed by the lessee for the planting and cultivating of shellfish, shall hereafter be allowed except when approved by a majority of the appropriate section of the council; and no such lease shall hereafter in any case be allowed except when approved and signed by the commissioner.

    d. The council shall be divided into two sections one to be known as the "Delaware Bay Section," consisting of the members from the counties of Cumberland and Salem, and one of the members from Cape May County, and the other to be known as the "Atlantic Coast Section" consisting of the members from the counties of Atlantic, Burlington, Ocean and Monmouth , and one of the members from Cape May County. Neither member from Cape May County shall serve as a member of both sections. [The member of the said council from Cape May shall be entitled to participate in the exercise of the powers and the performance of the duties of each of the said two sections.]

    [The] Except as provided in subsection e. of this section, the Delaware Bay Section shall, subject to the approval of the commissioner, exercise all the powers and perform all the duties of the council in matters relating to the shellfish industry in the tidal waters of Delaware river, Delaware bay and their tributaries.

    The Atlantic Coast Section shall, subject to the approval of the commissioner, exercise all the powers and perform all the duties of the council in matters relating to the shellfish industry in all of the tidal waters of the State except in the tidal waters of the Delaware river, Delaware bay and their tributaries.

    e. The commissioner, in consultation with the Delaware Bay Section of the Shell Fisheries Council, shall fix fees for all oysters landed from the Delaware river, Delaware bay and their tributaries. These fees shall be collected by and allocated to the Division of Fish, Game and Wildlife and shall be deposited in the “Oyster Resource Development Account,” established pursuant to section 8 of P.L.        , c. (C. )(now before the Legislature as this bill).

(cf: P.L.1979, c.199, s 15.)

 

    3. R.S.50:3-2 is amended to read as follows:

    50:3-2. The council may fix the license fee at any sum [on the gross tonnage measurement of such boat or vessel], except that the fee shall be not less than $10, or less than $2 per gross ton of the vessel, whichever is greater, for boats or vessels required to be licensed under R.S.50:3-1.

    No license shall be issued for a period longer than 1 year.

    All licenses shall be numbered and recorded by the commissioner. All fees for licenses collected pursuant to this section shall be deposited in the “Oyster Resource Development Account,” established pursuant to section 8 of P.L. , c. (C. )(now before the Legislature as this bill), and shall be subject to all the terms and conditions of that section.

(cf: P.L.1979, c.199, s.40.)

 

    4. R.S.50:3-8 is amended to read as follows:

    50:3-8. Season for taking oysters. Except in that area known as Section "E" as defined in R.S. 50:1-23, no oysters shall be dredged for, caught or taken from any of the lands lying under the tidal waters of the Delaware river, Delaware bay or Maurice river cove, above the southwest line, except [from and including April 1 to and including June 30 of each year] at the times and in the manner prescribed by the commissioner after consultation with the Delaware Bay Section of the Shell Fisheries Council.

(cf: P.L.1995 ,c.67, s.1.)

 

    5. R.S.50:3-11 is amended to read as follows:

     50:3-11. No oysters shall be dredged for, caught or taken from that area known as Section "E" as defined in R.S. 50:1-23 or from any of the lands lying under the tidal waters of the Delaware bay and Maurice river cove below a line running direct from the mouth of Straight creek to Cross Ledge lighthouse, commonly known and hereinafter referred to as the "southwest line," at any time except from September 1 to June 30 then next, both inclusive, of each year; but the commissioner may, upon application, give permission, in writing, to any lessee of oyster grounds to dredge, catch or take oysters or to employ such methods for the protection of [his] the oysters on said grounds [and for the promotion of the growth thereof during the closed season as the commissioner may deem advisable].

(cf: P.L.1981, c.62, s.5.)

 

    6. Section 2 of P.L.1945, c.39 (C.50:3-20.11) is amended to read as follows:

    2. It shall be unlawful for any person to operate within this State an oyster shucking house or to engage in or carry on the business of [an oyster planter or] an oyster dealer, as defined in [this act] section 1 of P.L.1945, c.39 (C.50:3-20.10), without first obtaining a license [so to do] for this purpose from the commissioner as provided in [this act] P.L.1945, c.39.

(cf: P.L.1979, c.199, s.52.)

 

    7. Section 4 of P.L.1945, c.39 (C.50:3-20.13) is amended to read as follows:

    4. The license to conduct an oyster shucking house or to engage in and conduct the business of [an oyster planter or] an oyster dealer shall be issued upon the payment of a license fee of $100.00. All license fees shall be deposited in the “Oyster Resource Development Account,” established pursuant to section 8 of P.L. , c. (C.         ) (now before the Legislature as this bill), and shall be subject to all the terms and conditions of that section.

(cf: P.L.1979, c. 99, s.53.)

 

    8. (New section) a. There is established within the “hunters’ and anglers’ license fund,” created pursuant to the provisions of R.S.23:3-11 and R.S.23:3-12, a separate and dedicated account to be known as the “Oyster Resource Development Account.” This account shall be credited with all revenues from oysters landed from the Delaware river, Delaware bay and their tributaries, including, but not limited to, all fees collected pursuant to R.S.50:1-18, R.S.50:3-2, and section 4 of P.L.1945, c. 39 (C.50:3-20.13). The moneys in the account shall be allocated to the Division of Fish, Game and Wildlife within the Department of Environmental Protection and shall be disbursed only for the enhancement and management of the oyster resource in the Delaware bay in the amounts and manner prescribed by the commissioner, after consultation with the Delaware Bay Section of the Shell Fisheries Council.

    b. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to administer the "Oyster Resource Development Account," established pursuant to subsection a. of this section.

    c. Upon the adoption of the rules and regulations pursuant to subsection b. of this section, the Department of Environmental Protection shall repeal subchapter 4 of chapter 25A of Title 7 of the New Jersey Administrative Code establishing the "oyster cultch program" and the "Oyster Cultch Fund." Any moneys remaining in the "Oyster Cultch Fund" upon the date of the repeal of the rules and regulations establishing the fund shall be deposited in the "Oyster Resource Development Account," established pursuant to subsection a. of this section.

 

     9. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill makes several changes to existing laws that affect the oyster industry in the Delaware bay. The oyster industry in the Delaware bay was once a thriving industry, employing thousands of State residents. Since the late 1950s, the industry has been beleaguered by oyster diseases that have decimated the oyster populations in the bay. The traditional practice of transplanting oysters from seed beds to leased grounds in lower areas of the bay is no longer a viable strategy for preserving the resource, and innovative programs are needed to improve conditions within the bay.

    This bill would enable the Commissioner of Environmental Protection, in conjunction with the Delaware Bay Section of the Shell Fisheries Council, to pursue alternative strategies for the preservation and use of the oyster resource in the Delaware bay.

     The bill increases the membership of the Shell Fisheries Council from nine to 10 members, and requires that two of the members be residents of Cape May County and that one of each of the Cape May County members shall serve on the Delaware Bay Section and the Atlantic Coast Section of the Shell Fisheries Council. Neither member from Cape May County shall serve on both sections. The bill also requires that the Shell Fisheries Council fix license fees at not less than $10, or not less than $2 per gross ton of the vessel, whichever is greater, for boats or vessels required to be licensed under R.S.50:3-1. Furthermore, the bill exempts oyster planters from State licensing requirements and licensing fees.

    Finally, the bill establishes the “Oyster Resource Development Account” within the hunters’ and anglers’ license fund established by R.S.23:3-11 and R.S.23:3-12 as a separate and dedicated account for the enhancement and management of the oyster resource in the Delaware bay. The bill directs the Commissioner of Environmental Protection, in consultation with the Delaware Bay Section of the Shell Fisheries Council, to fix fees for all oysters landed from the Delaware bay, Delaware river, and their tributaries. The bill defines "oysters landed" as oysters harvested for sale and does not include oysters taken for other purposes such as replanting. These fees and fees collected for licenses pursuant to R.S.50:3-2 and section 4 of P.L.1945, c.39 (C.50:3-20.13) are to be deposited in the “Oyster Resource Development Account” and disbursed only for the enhancement and management of the oyster resource in the Delaware bay in the amounts and manner prescribed by the Commissioner of Environmental Protection, after consultation with the Delaware Bay Section of the Shell Fisheries Council. The bill directs the Department of Environmental Protection to adopt rules and regulations necessary to administer the fund and repeal existing rules and regulations establishing the "oyster cultch program" and the "Oyster Cultch Fund." The bill directs that any moneys remaining in the "Oyster Cultch Fund" upon the date of the repeal of the rules and regulations establishing the fund be deposited in the "Oyster Resource Development Account."

 

 

                             

Increases membership of Shell Fisheries Council; sets minimum licensing fees for oyster boats; exempts oyster planters from licensing; establishes Oyster Resource Development Account; transfers to that account moneys remaining in Oyster Cultch Fund.