SENATE, No. 75

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senators BASSANO and CIESLA

An Act concerning clamming 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 clams or oysters, or assist in so doing, or tread for clams, 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 a licensed person may, on each Sunday from May 15th through September 30th, between sunrise and sunset, in waters approved by the State, take or possess no more than 150 clams, except that the taking of clams from the waters of Raritan bay, Sandy Hook bay, Shrewsbury river or Navesink river shall be authorized under special permit, as may be required by the Department of Environmental Protection, which permit sets forth the conditions, whereby clams may be taken from the waters of Raritan bay, Sandy Hook bay, Shrewsbury river or Navesink river [on Sunday].

(cf: P.L.1979, c.199, s.37)

    2. This act shall take effect on May 15 next following enactment.

STATEMENT

    This bill would allow clamming on Sundays from May 15th through September 30th each year, in waters approved by the State, between sunrise and sunset.

    Under current law, clamming is prohibited at any time on Sundays during the year except in the Raritan bay, Sandy Hook bay, Shrewsbury river or Navesink river.

    The bill would limit the number of clams that may be taken or possessed by a licensed person from May 15th through September 30th, in waters approved by the State, to 150 or fewer per day and further provide that clamming from the waters of Raritan bay, Sandy Hook bay, Shrewsbury river or Navesink river must be authorized by special permit issued by the Department of Environmental Protection and Energy, which permit sets forth the conditions under which clams may be taken from these waters.

Authorizes clamming on Sundays from May 15 through September 30.