SENATE, No. 881

STATE OF NEW JERSEY

INTRODUCED MARCH 7, 1996

By Senator ZANE

An Act transferring the functions, powers, and duties exercised by the Department of Environmental Protection and its Division of Fish, Game and Wildlife with respect to marine fisheries management to the Department of Agriculture, supplementing chapter 1 of Title 4 of the Revised Statutes, and amending R.S.4:1-1 and 4:1-2.

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

    1. (New section) The Department of Agriculture is renamed the Department of Agriculture, Aquaculture and Marine Fisheries.

    2. (New section) The functions, powers, and duties exercised by the Department of Environmental Protection and its Division of Fish, Game and Wildlife with respect to marine fisheries, including, but not limited to, those allocated within Titles 13, 23, 50, and 58 of the Revised Statutes, are transferred to the Department of Agriculture, Aquaculture and Marine Fisheries. For the purposes of this act, "marine fisheries" includes both marine fin fisheries and shell fisheries.

    3. (New section) a. All appropriations, grants, and other moneys made available to the Department of Environmental Protection and its Division of Fish, Game and Wildlife for the purpose of funding marine fisheries management programs are transferred to the Department of Agriculture, Aquaculture and Marine Fisheries, and shall remain available for the objects and purposes for which appropriated, subject to any terms, restriction, limitations, or other requirements imposed by federal or State law.

    b. All files, books, papers records, equipment, and other property of the Department of Environmental Protection and its Division of Fish, Game and Wildlife pertaining to marine fisheries management are transferred to the Department of Agriculture, Aquaculture and Marine Fisheries.

    c. The rules, regulations, and orders of the Department of Environmental Protection and its Division of Fish, Game and Wildlife pertaining to marine fisheries management shall continue in full force as the rules, regulations, and orders of the Department of Agriculture, Aquaculture and Marine Fisheries until further amended or repealed. Any rule or regulation pertaining to marine fisheries management proposed by the Department of Environmental Protection or its Division of Fish, Game and Wildlife pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410(C.52:14B-1 et seq.) prior to the effective date of this act shall be considered as a proposed rule or regulation of the Department of Agriculture, Aquaculture and Marine Fisheries.

    4. (New section) a. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Department of Environmental Protection or its Division of Fish, Game and Wildlife in matters pertaining to marine fisheries management, the same shall mean and refer to the Department of Agriculture, Aquaculture and Marine Fisheries.

    b. This act shall not affect actions or proceedings, civil or criminal, brought by or against the Division of Fish, Game and Wildlife pertaining to marine fisheries management and pending on the effective date of this act, and these actions or proceedings may be further prosecuted or defended in the same manner and to the same effect by the Department of Agriculture, Aquaculture and Marine Fisheries.

    5. (New section) Every employee of the Department of Environmental Protection and its Division of Fish, Game and Wildlife whose principal duties pertain to marine fisheries management shall be transferred to the Department of Agriculture, Aquaculture and Marine Fisheries. Nothing in this act may be construed to deprive these employees of any rights or protections provided to them by the civil service, pension, or retirement laws of this State.

    6. (New section) a. The Marine Fisheries Council in the Department of Environmental Protection, created pursuant to section 4 of P.L.1979, c.199(C.23:2B-4), together with all its functions, powers, and duties, is continued, and the council is transferred to, and constituted as the Marine Fisheries Council in the Department of Agriculture, Aquaculture and Marine Fisheries.

    b. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Marine Fisheries Council in the Department of Environmental Protection, the reference shall mean the Marine Fisheries Council in the Department of Agriculture, Aquaculture and Marine Fisheries.

    c. Whenever any law grants to the Department of Environmental Protection or the Commissioner of Environmental Protection administrative authority or control with respect to the Marine Fisheries Council, that authority or control shall be exercised by the Department of Agriculture, Aquaculture and Marine Fisheries or the Secretary thereof.

    7. (New section) a. The Shell Fisheries Council in the Department of Environmental Protection, created pursuant to R.S.50:1-18, together with all its functions, powers, and duties, is continued, and the council is transferred to, and constituted as the Shell Fisheries Council in the Department of Agriculture. Any sections of the council created by law shall be transferred with the council to the Department of Agriculture, Aquaculture and Marine Fisheries.

    b. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Shell Fisheries Council in the Department of Environmental Protection, the reference shall mean the Shell Fisheries Council in the Department of Agriculture, Aquaculture and Marine Fisheries.

    c. Whenever any law grants to the Department of Environmental Protection or the Commissioner of Environmental Protection administrative authority or control with respect to the Shell Fisheries Council, that authority or control shall be exercised by the Department of Agriculture, Aquaculture and Marine Fisheries or the Secretary thereof.

    8. (New section) The transfer of powers, functions, duties, and personnel set forth in this act shall be carried out in accordance with the provisions of the "State Agency Transfer Act," P.L.1971, c.375(C.52:14D-1 et seq.).

    9. R.S.4:1-1 is amended to read as follows:

    4:1-1. The Department of Agriculture, Aquaculture and Marine Fisheries, hereinafter in this chapter referred to as the "department," created and established by the act entitled "An act to establish a department of agriculture, and to prescribe its powers and duties," passed March twenty-ninth, one thousand nine hundred and sixteen (P.L.1916, c. 268,p.561), together with its amendments and supplements, is continued and is hereby constituted a principal department in the executive branch of the State Government. It shall have a common seal and shall exercise the powers and perform the functions and duties conferred and devolved in this Title.

(cf: P.L.1948, c.447, s.1)

    10. R.S 4:1-2 is amended to read as follows:

    4:1-2. The department shall consist of:

    a. A State Board of Agriculture, which shall be the head of the department;

    b. A Secretary of Agriculture, Aquaculture and Marine Fisheries, who shall be the principal executive officer of the department;

    c. An assistant Secretary of Agriculture, Aquaculture and Marine Fisheries;

    d. A Division of Animal Health;

    e. A Division of Markets;

    f. A Division of Plant Industry;

    g. A Division of Dairy Industry;

    h. A Division of Aquaculture and Marine Fisheries;

    i. Such other divisions and bureaus as may be created as provided in section 4:1-17 of this Title; and

    [i.]j. The officers and employees authorized to be appointed and employed.

(cf: P.L.1968, c.358, s.1)

    11. This act shall take effect 90 days following the date of enactment, but the Commissioner of Environmental Protection and the Secretary of Agriculture may take any necessary and appropriate actions prior thereto to provide for its implementation on that effective date.

STATEMENT

    This bill would transfer the functions, powers, and duties exercised by the Department of Environmental Protection and its Division of Fish, Game and Wildlife with respect to the management of marine fisheries, including, but not limited to, those allocated within Titles 13, 23, 50, and 58 of the Revised Statutes, to the Department of Agriculture. The bill would also rename the Department of Agriculture as the Department of Agriculture, Aquaculture and Marine Fisheries.

Transfers marine fisheries management responsibilities from DEP to Department of Agriculture, and renames Department of Agriculture as Department of Agriculture, Aquaculture and Marine Fisheries.