CHAPTER 112
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:
Control, direction of shellfish industry; terms defined.
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. 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, "oysters landed" means oysters taken for any purpose other than replanting;"shellfish" means any species of benthic mollusks, except for conchs (Busycon carica, Busycon contrarium and Busycotypus canaliculatum), the harvest of which is regulated pursuant to section 6 of P.L.1979, c.199 (C.23:2B-6), section 2 of P.L.1941, c.211 (C.23:5-24.2) and the rules and regulations adopted pursuant thereto, and shall include, but not be limited to, hard clams (Mercenaria mercenaria) , soft clams (Mya arenaria), surf clams (Spisula solidissma) and oysters (Crassostrea virginica); and "commissioner" means the Commissioner of Environmental Protection.
2. R.S. 50:1-18 is amended to read as follows:
Shell Fisheries Council, membership, duties, division into sections.
50:1-18. a. The Shell Fisheries Council shall be composed of 10 members; one each residing in the counties of Monmouth, Ocean, Burlington, Atlantic 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 four years and shall serve until a successor has been appointed and has qualified.
Any vacancies in the membership of the 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 . In the event only one member from Cape May county has been appointed and has qualified as a member of the council, the qualified member may elect to serve in both sections of the council and participate in the exercise of the powers and performance of the duties of each of the sections until a second member from Cape May county has been appointed and has qualified as a member of the council.
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 the 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.1996, c.112 (C.23:3-12.2).
3. R.S.50:3-2 is amended to read as follows:
License, fee, issuance, disposition of fees.
50:3-2. The Delaware Bay Section of the council may fix the license fee at any sum, except that the fee shall be not less than $10, or less than $2 per gross ton of the boat or 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 one 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.1996, c.112 (C.23:3-12.2), and shall be subject to all the terms and conditions of that section .
4. R.S.50:3-8 is amended to read as follows:
Season for taking oysters.
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 at the times and in the manner prescribed by the commissioner after consultation with the Delaware Bay Section of the Shell Fisheries Council.
5. R.S.50:3-11 is amended to read as follows:
Section "E" season for taking oysters; protection by lessees.
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 the oysters on the grounds.
6. Section 2 of P.L.1945, c.39 (C.50:3-20.11) is amended to read as follows:
C.50:3-20.11 License required for oyster shucking house, planter, dealer.
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 section 1 of P.L.1945, c.39 (C.50:3-20.10), without first obtaining a license for this purpose from the commissioner as provided in P.L.1945, c.39.
7. Section 4 of P.L.1945, c.39 (C.50:3-20.13) is amended to read as follows:
C.50:3-20.13 Issuance of license, disposition of fees.
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. All license fees collected shall be deposited in the “Oyster Resource Development Account,” established pursuant to section 8 of P.L.1996, c.112 (C.23:3-12.2), and shall be subject to all the terms and conditions of that section.
C.23:3-12.2 "Oyster Resource Development Account."
8. 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 received 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) , and as provided in subsection c. of this section . 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." The balance of the 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.
Approved August 29, 1996.