Bill Text: NJ S864 | 2010-2011 | Regular Session | Introduced

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Bill Title: Requires assessment of bay scallop resource, and authorizes DEP to establish a bay scallop fishery.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-02-01 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S864 Detail]

Download: New_Jersey-2010-S864-Introduced.html

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SENATE, No. 864

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 1, 2010

 

 

Sponsored by:

Senator  CHRISTOPHER J. CONNORS

District 9 (Atlantic, Burlington and Ocean)

Senator  JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

 

 

 

 

SYNOPSIS

     Requires assessment of bay scallop resource, and authorizes DEP to establish a bay scallop fishery.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning the harvesting of scallops, amending R.S.50:2-10, 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.50:2-10 is amended to read as follows:

     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 the catching or taking of shellfish from any of the natural beds, under the tidal waters of this State, while so mechanically propelled, except as otherwise specifically provided in R.S.50:3-6 [and] , R.S.50:4-2 , and section 2 of P.L.     , c.     (C.        ) (before the Legislature as this bill) .

(cf:  P.L.2007, c.338, s.37)

 

     2.    (New section)  The Department of Environmental Protection shall undertake, in consultation with the Shellfisheries Council, an assessment of the bay scallop (Argopecten irradians) resource in the State.  If as a result of this assessment, the department determines, in consultation with the Shellfisheries Council, that there is a sufficient resource to support the establishment of a bay scallop fishery, the department 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 bay scallops in the State, which rules and regulations may provide for the mechanical harvest of bay scallops if determined to be appropriate.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would require the Department of Environmental Protection (DEP) to undertake, in consultation with the Shellfisheries Council, an assessment of the bay scallop resource in the State.  If as a result of this assessment, the department determines, in consultation with the Shellfisheries Council, that there is a sufficient resource to support the establishment of a bay scallop fishery, the DEP shall adopt, pursuant to the "Administrative Procedure Act," rules and regulations providing for the taking and management of bay scallops in the State, which rules and regulations may provide for the mechanical harvest of bay scallops if determined to be appropriate.

     Currently, the R.S.50:2-10 generally prohibits the taking of
shellfish though mechanical means, and there is not a bay scallop fishery in the State.  This bill would require an assessment of the bay scallop resource to be undertaken and allow for the management of a bay scallop fishery through rules and regulations adopted by the DEP.