[First Reprint]

SENATE, No. 521

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 29, 1996

 

 

By Senator BASSANO

 

 

An Act concerning lobsters and amending R.S.23:5-9.

 

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

 

    1. R.S.23:5-9 is amended to read as follows:

    23:5-9. Minimum size of lobsters

    a. [No] 1[Except as provided pursuant to subsection e. of this section, a] A1 person shall not take from the [salt] marine waters of this State by any means, import, export, have in his possession, buy, sell or offer to buy or sell, any lobster of the genus and species Homarus americanus, which when measured from the rear end of the eye socket along a line parallel to the center line of the body shell to the rear end of the body shell is less than [: two and three-quarters inches in length, from the effective date of this amendatory act through December 31, 1983; two and seven-eighths inches in length, from January 1, 1984 through December 31, 1984; three inches in length, from January 1, 1985 through December 31, 1985; three and one-eighth inches in length, from January 1, 1986 through December 31, 1986; three and three-sixteenths inches in length, from January 1, 1987 and every year thereafter] three and one-quarter inches in length.

    b. [No] 1[Except as provided pursuant to subsection e. of this section, a] A1 person shall not take from the [salt] marine waters of this State by any means, import, export, have in his possession, buy, sell or offer to buy or sell, any lobster of the genus and species Homarus americanus, which is damaged or mutilated to the extent that its length cannot be determined under subsection a. of this section; except that this subsection shall not apply to: (1) any detached lobster claws, if these are together with detached lobster tails of the type exempted under subparagraph (2) of this subsection and the number of these detached lobster claws does not exceed twice the number of these detached lobster tails; or (2) any detached lobster tail which is composed of six abdominal segments and the fan of the tail, if the sixth abdominal segment, when measured along its dorsal center line with the tail flexed, is no less than [: seven-eighths inch in length, from the effective date of this act through December 31, 1983; twenty-nine-thirty-seconds inch in length, from January 1, 1984 through December 31, 1984; fifteen-sixteenths inch in length, from January 1, 1985 through December 31, 1985; one inch in length, from January 1, 1986 through December 31, 1986;] one and one-sixteenth inches in length [, from January 1, 1987 and every year thereafter].

    c. [No] 1[Except as provided pursuant to subsection e. of this section, a] A1 person shall not take from the [salt] marine waters of this State by any means, import, export, have in his possession, buy, sell or offer to buy or sell, any lobster of the genus and species Homarus americanus, with eggs attached, or from which the eggs have been removed.

    d. [This] Subsections a. through c. of this section shall not apply to the taking or possession of lobsters bearing a tag that has been issued or affixed by the Department of Environmental Protection or by any other state or federal agency with which the department cooperates in a research project.

    e. 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 providing for the taking and management of the lobster of the genus and species Homarus americanus in and upon the marine waters of the State 1[, which rules and regulations may include provisions differing from, superseding, or supplementing the provisions of subsections a. through d. of] according to1 this section.

(cf: P.L.1983, c.366, s.1)

 

    2. This act shall take effect immediately.

 

 

 

Revises minimum size restrictions for taking of lobster.