ASSEMBLY, No. 2129

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Assemblyman WISNIEWSKI

An Act concerning the "Monmouth County Clam Depuration and Relay Program Fund," and amending sections 1 and 3 of P.L.1995, c.335.

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

    1. Section 1 of P.L.1995, c.335 (C.58:24-11) is amended to read as follows:

    1.    The Legislature finds and declares that the ongoing depurated clam and clam relay programs in Monmouth County are the only year-round depurated clam and clam relay programs in the State; that due to the volume and constancy of the depurated and relayed clam industry in Monmouth County, in addition to annual appropriations from the General Fund to the Department of Environmental Protection and the Department of Health, supplemental funding is needed to maintain these programs at the level necessary for the health of the clamming industry and the public consuming the clams; and that [companies] certified dealers engaged in [clamming in]the sale of clams harvested from the waters of Monmouth County are willing to and interested in making a contribution to this funding if their contribution is dedicated specifically to depurated hard and soft clam and hard clam relay programs in Monmouth County.

    The Legislature therefore determines it is in the public interest to establish a fund to be known as the "Monmouth County Clam Depuration and Relay Program Fund," and to provide the supplemental funding required from the fund by the establishment of a per-bushel surcharge by the Department of Environmental Protection.

    2. Section 3 of P.L.1995, c.335 (C.58:24-13) is amended to read as follows:

    3. a. There is established in the Department of Environmental Protection a nonlapsing, revolving fund to be known as the "Monmouth County Clam Depuration and Relay Program Fund," hereinafter referred to as "the fund." The fund shall be credited with all surcharges collected pursuant to this section and any interest earned on moneys in the fund shall be credited to the fund. All moneys in the fund shall be appropriated for the purposes specified in this section, and no moneys shall be expended for those purposes without the specific appropriation thereof by the Legislature. The Commissioner of Environmental Protection shall be the administrator of the fund, and all disbursements from the fund shall be made by the commissioner. The fund is established in addition to, and separate from, the "Shellfisheries Law Enforcement Fund" established pursuant to section 3 of P.L.1988, c.35 (C.50:2-3.1), and the moneys disbursed from the fund shall not replace, but shall be provided in addition to, any revenues appropriated from the General Fund and other sources for the purpose of maintaining and implementing depurated hard or soft clam or relayed hard clam programs in Monmouth County, or other shellfish programs of which these programs are a part.

    b.    There shall be assessed a surcharge of $2.00 on each bushel of depurated or relayed hard clams or depurated soft clams that are [harvested] sold by certified dealers from harvests of clams depurated or relayed as part of the depurated hard or soft clam or hard clam relay programs in Monmouth County. The Department of Environmental Protection shall establish procedures for the manner and method of the assessment and collection of the surcharges, except that the surcharges shall be collected only from certified dealers of hard and soft clams that have been harvested and depurated or relayed as part of the depurated hard or soft clam or hard clam relay programs in Monmouth County. Any person who harvests clams and is not a certified dealer is exempt from the surcharge established by this subsection.

    For the purposes of P.L.1995, c.335, "certified dealer" means any person authorized by the Department of Health, pursuant to subchapters 1 and 2, inclusive, of chapter 13 of Title 8 of the New Jersey Administrative Code, to sell clams for human consumption.

     All surcharges collected by the department pursuant to this section shall be deposited in the fund. Bait-harvested clams and hard or soft clams taken for research purposes shall not be subject to the surcharge established pursuant to this subsection.

    c. All moneys in the fund shall be disbursed only for the purpose of funding depurated hard and soft clam or hard clam relay programs in Monmouth County, as provided in subsection d. of this section.

    d.   The Commissioner of Environmental Protection shall disburse annually the moneys in the fund for expenditures made by the Department of Environmental Protection and the Department of Health in the implementation of depurated hard or soft clam or hard clam relay programs in Monmouth County, but in no case in an amount that is greater than the following percentages of the fund available in any one year: the Department of Environmental Protection, 66.7%, of which amount half shall be used by the Division of Fish, Game and Wildlife exclusively for the purpose of enforcing the laws, rules and regulations that relate to the harvesting, transportation and marketing of clams that are part of the clam depuration or relay programs in Monmouth County, and half shall be used exclusively for water quality monitoring and classification programs in Monmouth County; and the Shellfish Program in the Department of Health, 33.3%.

    e.    On July 15, 1997, and every other year thereafter, the Commissioner of Environmental Protection shall submit in writing to each person participating in clam depuration and relay programs in Monmouth County and the organizations that represent them, an accounting of the fund, a determination of the adequacy of the moneys on deposit in the fund to support the purposes of this act, and the recommendations of the commissioner as to whether any increase or decrease of the surcharge or the termination or expansion of the programs is warranted. Prior to July 15, 1997, the persons participating in clam depuration and relay programs in Monmouth County and the organizations that represent them shall determine the method by which they shall review the recommendations of the commissioner and submit a response to the commissioner. On August 15th following the receipt of the accounting of the program, and the determination and recommendations from the commissioner, the persons participating in clam depuration and relay programs in Monmouth County and the organizations that represent them, in accordance with the agreed-upon method of review and response, shall submit their recommendations concerning the determination and recommendations of the commissioner in writing to the commissioner. After reviewing the response, the commissioner shall submit recommendations based on the response to the Governor and the Legislature.

    3. This act shall take effect on the 90th day following enactment.

STATEMENT

    This bill requires certified dealers of hard and soft clams harvested in the waters of Monmouth County, and relayed or depurated as part of the hard clam relay , hard clam depuration, or soft clam depuration programs in Monmouth County, to pay the surcharge on relayed and depurated hard and soft clams established by P.L.1995, c.335 (C.58:24-11, et seq.). The bill exempts from the surcharge any person who harvests clams but is not a certified dealer.

    The bill defines "certified dealer" as any person authorized by the Department of Health to sell clams for human consumption.

Requires certified dealers to pay certain surcharges on clams; exempts harvesters of clams who are not certified dealers.