New Jersey Revised Statutes Title 50 - Shellfisheries - Powers And Duties Of Department, Shellfisheries Council, Leasing, And Planting

• Section 50:1-5 - Control, Direction Of Shellfish Industry, Aquaculture; Terms Defined.
  50:1-5. a. The Commissioner of Environmental Protection shall have full control and direction of the shellfish industry and resource and of the protection of...
• Section 50:1-18 - Shellfisheries Council, Membership, Duties, Division Into Sections.
  50:1-18. a. The Shellfisheries Council shall be composed of 10 members, each of whom shall be a resident of the counties of Atlantic, Burlington,...
• Section 50:1-22 - Offices; Locations; Records Of Leases And Licenses.
  50:1-22. The commissioner shall establish and maintain several offices located at places convenient to persons engaged in the shellfish industry. The records of all...
• Section 50:1-23 - Power Of Lease; Lands Subject To Lease.
  50:1-23. The Shellfisheries Council may lease to applicants therefor any of the lands of the State under the tidal waters thereof, to be exclusively...
• Section 50:1-24 - Exclusive Power To Lease.
  50:1-24. The power granted by this Title to the council, subject to the provisions of R.S.50:1-18, to lease lands under the tidal waters of...
• Section 50:1-25 - Residency Requirement For Leases.
  50:1-25. No lease shall be granted to any person who is not at the time of granting the lease legally domiciled or incorporated in...
• Section 50:1-27 - Fixing Term, Rental And Acreage.
  50:1-27. The council, with the approval of the commissioner, shall fix the term for which leases may be granted, the rental to be paid,...
• Section 50:1-29 - Recording Of Leases And Assignments Thereof.
  50:1-29. The commissioner shall cause leases, and assignments and transfers thereof, to be recorded in books kept in the offices of the department. No...
• Section 50:1-30 - Lease Of Condemned Lands.
  50:1-30. The council, with the approval of the commissioner, may lease to applicants therefor any of the lands of this State that have been...
• Section 50:1-31 - Removal Of Shellfish From Leased Condemned Lands.
  50:1-31. The commissioner may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations for the removal and...
• Section 50:1-33 - Fishing Rights Preserved; Lessees' Remedies.
  50:1-33. Nothing contained in this Title shall be construed to prevent the catching and taking of free swimming fish from the tidal waters of...
• Section 50:1-34 - Permission Requied To Plant, Lodge Foreign Shellfish; Rules, Regulations.
  50:1-34. a. No shellfish, native to, or brought directly or indirectly from, any foreign country or any other state, shall be planted or lodged...
• Section 50:1-35 - Permission For Planting, Lodging Foreign Shellfish; Conditions.
  50:1-35. The commissioner may issue such permission after due inspection and examination of the nature, species, quantity, source, location of proposed planting or lodging,...
• Section 50:1-36 - Costs Of Inspection.
  50:1-36. The commissioner shall charge, and collect in advance, for the issuance of such permission, such sum of money as may be necessary to...
• Section 50:2-1 - License Required For Catching, Taking Shellfish, Conditions.
  50:2-1. No person shall catch or take shellfish from any of the natural grounds in the waters of this State, without first obtaining a...
• Section 50:2-2 - Recreational, Commercial Shellfish Licenses; Aquatic Farmer License.
  50:2-2. The licenses required for the various categories of harvesting, collecting, or culture of shellfish shall be as follows: a.Recreational shellfish license. No resident's...
• Section 50:2-3 - License Fees.
  50:2-3. The license fee shall be fixed by the commissioner, with the approval of the council, at not less than $10 or more than...
• Section 50:2-3.1 - "Shellfisheries Law Enforcement Fund."
  3.The "Shellfisheries Law Enforcement Fund" is established in the Department of Environmental Protection. All shellfish license fees collected pursuant to R.S.50:2-3 shall be deposited...
• Section 50:2-4 - Terms, Requisites, Record Of License.
  50:2-4. Each license shall be for the term of one year from January 1 of the year of issue, and shall be granted by...
• Section 50:2-5 - Accessibility, Inspection Of License.
  50:2-5. Each licensee shall have the license readily accessible and shall exhibit it immediately for inspection to any officer or employee of the department...
• Section 50:2-6.1 - License Required For Taking Surf Clams; Exceptions, Regulations.
  1.No person shall take, harvest or dredge for surf clams (Spisula solidissima) from any waters of this State without first obtaining a surf clam...
• Section 50:2-6.2 - Dredging License, Limitations; Seasons.
  2.Any such licensed dredging operation shall be limited to the use of dredges that shall conform to any limits established by the commissioner by...
• Section 50:2-6.3 - Rules, Regulations; Fee.
  3.The Commissioner of Environmental Protection with the advice of the Shellfisheries Council shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et...
• Section 50:2-7 - Culling Immediately After Emptying Tongs Or Dredges.
  50:2-7. All oysters, oyster shells and other material dredged, tonged or in any manner raised or taken from any of the beds and grounds...
• Section 50:2-7.1 - Rules, Regulations.
  34.The department, 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...
• Section 50:2-8 - Percentage Of Shells; Throwing Back Culled Material.
  50:2-8. Such culling shall be so close that three bushels of oysters, oyster shells and other material taken from any part of a boat...
• Section 50:2-9 - Revocation Of Licenses On Refusal To Permit Examination.
  50:2-9. When the person in charge of any boat or vessel licensed under the provisions of this Title, or any person holding a tonger's...
• Section 50:2-10 - Taking Shellfish With Power Boat.
  50:2-10. No boat, or vessel, propelled wholly or in part by steam, naphtha, gasoline, electricity or any other mechanical motive power, shall engage in...
• Section 50:2-10.1 - Taking Clams With Power Boats; Permits.
  50:2-10.1. No person shall use or employ any boat or other vessel propelled wholly or in part by steam, naphtha, gasoline, electricity or any...
• Section 50:2-11 - Taking Shellfish After Sunset, Before Sunrise Or On Sunday; Prohibited, Limited Exceptions For Sunday.
  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,...
• Section 50:2-12 - Sale, Transport, Etc. Certain Shellfish Out-of-state Prohibited; Exceptions.
  50:2-12. Seed oysters of any size and hard shell clams measuring less than 1.5 inches (38 millimeters) in length caught and taken from any...
• Section 50:2-18 - Adoption Of Rules, Regulations Relative To Cultivation Of Certain Shellfish.
  1. a. Notwithstanding any law, rule, or regulation to the contrary, no later than September 24, 2016, the Department of Environmental Protection shall adopt...
• Section 50:3-1 - Necessity For License And Issuance Thereof.
  50:3-1. No boat or vessel shall be used or employed in the catching or taking of oysters in the Delaware River, Delaware Bay or...
• Section 50:3-2 - License, Fee, Issuance, Disposition Of Fees.
  50:3-2. The Delaware Bay Section of the Shellfisheries Council may fix the license fee at any sum, except that the fee shall be not...
• Section 50:3-3 - State Residence, Incorporation Of Vessel Owners; Statement; Revocation Of License.
  50:3-3. The commissioner, before issuing a license to any boat or vessel as provided in this article, shall cause the owner thereof to file...
• Section 50:3-5 - Revocation Of License.
  50:3-5. The commissioner may revoke the license of any boat or vessel issued as provided in this article, the owner, captain, master or person...
• Section 50:3-6 - Dredging Equipment, Taking Of Shellfish; Regulated.
  50:3-6. No boat or vessel shall be operated in the catching or taking of shellfish from any of the natural beds under the tidal...
• Section 50:3-7 - Size Of Dredge Regulated.
  50:3-7. No person shall use any dredge for the purpose of catching or taking shellfish from any of the natural beds or grounds in...
• Section 50:3-8 - Season For Taking Oysters.
  50:3-8. Except in that area known as Section "E" as defined in R.S.50:1-23, no person shall catch, take, or attempt to catch or take...
• Section 50:3-9 - Possession, Sale Of Oysters Taken Out Of Season; Prohibition.
  50:3-9. No person shall possess, sell or offer for sale any oysters caught or taken from any natural oyster bed or ground where oysters...
• Section 50:3-10 - Title To Lands Under Tidal Waters.
  50:3-10. Nothing in this Title shall strengthen, confirm or verify the title of any person to any lands lying under the tidal waters of...
• Section 50:3-11 - Seasonal Limit To Taking Oysters From Certain Areas; Exception.
  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...
• Section 50:3-12 - Permission To Inspect Unleased Grounds.
  50:3-12. The department, after consultation with the council, may upon application give permission, in writing, to any prospective lessee to examine and inspect, with...
• Section 50:3-13 - Dredging By Person Other Than Lessee Prohibited In Certain Areas; Exceptions.
  50:3-13. No person shall dredge upon or throw, cast or drag an oyster or clam dredge, or any other instrument or appliance used for...
• Section 50:3-14 - Hand Tongs Required In Certain Beds.
  50:3-14. a. No person shall use or cause to be used any dredge, drag, scrape or other instrument, except hand tongs, for the purpose...
• Section 50:3-15 - Closed Season; Exceptions.
  50:3-15. No person shall gather, scrape, rake or tong any oysters in or upon the beds, rivers or creeks of this State named in...
• Section 50:3-15.1 - Minimum Size Of Oysters Which May Be Taken; Exception.
  3. a. No oysters which measure less than three inches from hinge to mouth shall at any time be taken from the waters in...
• Section 50:3-16.1 - Areas, Described, Named.
  1.The area southwest of the Clam Line and southeast of the Brandywine-Dennis Creek Line more fully described by coordinates and bearings taken from the...
• Section 50:3-16.3 - Description Of Tongers Area No.1.
  3.Area No. 1--Tongers Area is described as follows: Beginning at a point (X=111,656.5)(Y=27,699.12) said point located on the Clam Line 1 1/2 nautical miles...
• Section 50:3-16.4 - Taking Of Shellfish In Area No.1.
  4.It shall be lawful to catch or take shellfish in Area No. 1 by the use of a Shinnecock Rake, hand tongs or one...
• Section 50:3-16.5 - Necessity Of License For Taking Shellfish; Report; Fee.
  5. a. No person shall catch or take any shellfish from the natural shellfish beds contained within Area No. 1 unless there shall have...
• Section 50:3-16.7 - Fee For Area No. 1 License.
  7.Each application for a license for Area No. 1 shall be accompanied by a license fee in an amount to be fixed by the...
• Section 50:3-16.8 - Revocation Of Area No. 1 License.
  8.The department may revoke any license for Area No. 1 issued under P.L.1966, c.52 (C.50:3-16.1 et seq.) by reason of a false oath made...
• Section 50:3-16.9 - Time For Taking Oysters.
  9.No oysters shall be dredged for or harvested in Area No. 1 except between the hours of 6 o'clock ante meridian and 2:30 o'clock...
• Section 50:3-16.10 - Description Of Area No. 2, Natural Seed Bed.
  10.Area No. 2--Natural Seed Bed Area is described as follows: Beginning at a point (X=108,274.8)(Y=29,097.81) said point being the intersection of the Clam Line...
• Section 50:3-16.12 - Description Of Area No. 3, Shellfish Dredging.
  12.Area No. 3-- Shellfish Dredging Area is described as follows: Beginning at a point (X=103,856.4)(Y=24,466.84) said point being on the Brandywine-Dennis Creek Line; and...
• Section 50:3-16.13 - Taking Of Shellfish In Areas Nos. 2 And 3.
  13.It shall be lawful to catch and take shellfish in that portion of the Delaware Bay, hereinbefore described as Areas Nos. 2 and 3,...
• Section 50:3-16.14 - License Required For Taking Shellfish From Areas Nos. 2 And 3; Fees On Harvest.
  14. a. No person shall catch or take any shellfish from the natural shellfish beds, contained within Areas Nos. 2 and 3, unless there...
• Section 50:3-16.15 - Application For License For Areas Nos. 2 And 3; Oath.
  15.Application for a license for Areas Nos. 2 and 3 shall be made to the department on a form prescribed by the department by...
• Section 50:3-16.16 - License; Application; Fee.
  16.Each application for a license for Areas Nos. 2 and 3 shall be accompanied by a license fee in an amount to be fixed...
• Section 50:3-16.17 - Revocation Of License, Grounds.
  17.The department may revoke any license for Areas Nos. 2 and 3 issued under P.L.1966, c.52 (C.50:3-16.1 et seq.) by reason of a false...
• Section 50:3-16.18 - Limits On Size Of Oysters Taken.
  18.No oyster that measures less than 3 inches from hinge to bill shall at any time be taken from the waters of Areas Nos....
• Section 50:3-16.19 - Time For Taking Shellfish.
  19.No shellfish shall be dredged for or harvested in Areas Nos. 2 and 3 except between sunrise and sunset on the days of the...
• Section 50:3-16.20 - Size Of Dredge.
  20.No person shall use any dredge for the purpose of catching or taking shellfish from Areas Nos. 2 and 3, the tooth bar of...
• Section 50:3-16.21 - Prohibition On Taking, Catching Shellfish.
  21.The council may, subject to the approval of the commissioner, by rule or regulation, prohibit the taking or catching of shellfish in Area No....
• Section 50:3-16.22 - Applications For License; Filing, Recording.
  22.All applications for licenses for Area No. 1 and for Areas Nos. 2 and 3 made under P.L.1966, c.52 (C.50:3-16.1 et seq.) shall be...
• Section 50:3-20.10 - Definitions.
  1.As used in P.L.1945, c.39 (C.50:3-20.10 et seq.): "Oyster dealer" means any person who, for himself or as an agent or broker, purchases from...
• Section 50:3-20.11 - Licensure For Oyster Shucking House, Planter, Dealer.
  2.No person shall operate within this State an oyster shucking house or engage in or carry on the business of an oyster planter or...
• Section 50:3-20.12 - Term Of License.
  3.Such license, when issued, shall authorize the licensee to operate the oyster shucking house therein named or to engage in and conduct the business...
• Section 50:3-20.13 - Issuance Of License, Disposition Of Fees.
  4.The license required pursuant to P.L.1945, c.39 (C.50:3-20.10 et seq.) to conduct an oyster shucking house or to engage in and conduct the business...
• Section 50:3-20.21 - Use Of License Fees.
  12.All moneys received as license fees under the provisions of P.L.1945, c.39 (C.50:3-20.10 et seq.) shall be used by the commissioner for the purchase...
• Section 50:3-20.22 - Rules And Regulations.
  13.The commissioner may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations for the carrying out of the...
• Section 50:3-20.26 - Repeal
  "An act for the preservation and improvement of certain of the natural oyster beds and seed grounds of this State and providing for the...
• Section 50:4-2 - Dredge, Drag, Scrape Prohibited On Certain Lands; Rules, Regulations.
  50:4-2. No person shall use or cause to be used any dredge with bag or pocket, drag or scrape upon any of the natural...
• Section 50:4-3 - Protection Of Leased Lands; Exception.
  50:4-3. No person shall dredge upon, throw, cast or drag an oyster dredge, use oyster tongs, rakes, forks or other instruments or appliances used...

Last modified: October 11, 2016