Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
SYNOPSIS
Exempts clam aquaculturalists with commercial shellfish aquaculture license from law prohibiting taking of clams on Sunday.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the taking of clams, amending R.S.50:2-11, and supplementing Title 50 of the Revised Statutes.
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 shellfish, or assist in so doing, or collect shellfish by any means, 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 clams may be taken from the waters of the Raritan Bay, Sandy Hook Bay, Shrewsbury River, or Navesink River on Sunday, and except as provided in section 2 of P.L.2023, c.137 (C.50:2-11.1) , and section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) . The Department of Environmental Protection, in consultation with the Shellfisheries Council, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations for the harvest of [oysters] aquacultured shellfish on Sunday during specific times, in specific areas, and using specific methods of harvest. The maintenance of leases, limited to the moving and planting of shell, oyster, and clam seed, and the use of bagless oyster scrapes, shall be permitted on Sunday.
(cf: P.L.2023, c.137, s.1)
2. (New section) a. A clam aquaculturist shall be exempt from the restriction on the collecting and catching of clams on Sunday, established pursuant to R.S.50:2-11, provided that the taking of clams on Sunday:
(1) does not occur before sunrise or after sunset;
(2) occurs only on leased aquaculture lands; and
(3) is done only for commercial purposes, in accordance with all applicable rules and regulations pertaining to the harvest of clams, including, but not limited to, those rules and regulations that are adopted pursuant to R.S.50:2-11.
b. As used in this section:
"Clam aquaculturist" means a person or entity that holds a valid commercial shellfish aquaculture permit and is directly engaged in clam aquaculture, which is a commercial activity that includes the breeding, raising, harvesting, stocking, feeding, transplanting, and protecting of clams, and the subsequent marketing, processing, and packaging of clams in controlled environments for commercial purposes.
"Commercial purposes" means that the taking of clams is done for the purposes of commercial sale and not for other purposes, such as trade, barter, or personal consumption.
3. This act shall take effect immediately.
STATEMENT
This bill would exempt clam aquaculturists who hold a commercial shellfish aquaculture permit from the State law that prohibits the taking of clams on Sunday. Under the bill, a clam aquaculturist would be permitted to harvest clams on Sundays only if the taking does not occur before sunrise or after sunset; occurs on State-leased aquaculture lands; and is for a commercial purpose in accordance with all other rules and regulations applicable to the harvest of clams.