Posted by njdiver on 6/19/2008, 5:27 pm, in reply to "NJ Fish & Wildlife Digest - 2008 Marine Fishing Issue"
72.88.241.162

(UPDATED THROUGH P.L. 2008, ch. 18 and J.R.3) TITLE 50 SHELLFISHERIES - POWERS AND DUTIES OF DEPARTMENT, SHELLFISHERIES COUNCIL, LEASING, AND PLANTING 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 license from the commissioner. Such licenses shall grant the privilege of taking shellfish upon any natural ground of this State in waters classified as "Approved" or "Seasonally Approved," as defined in rules and regulations adopted by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), except such as may be leased by the council. Any person whose shellfish license or harvesting privileges have been revoked or suspended in another state shall not be eligible for any New Jersey shellfish license during the period of revocation or suspension in the other state. This section shall not preclude the department from establishing licenses for the harvest of specific shellfish from specific areas by specific means. Amended 1979, c.199, s.27; 2007, c.338, s.24. 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 recreational shellfish license shall be granted to any applicant who does not present satisfactory evidence that the person is legally domiciled in this State and pay the license fee required pursuant to R.S.50:2-3. A nonresident's recreational shellfish license shall be effective only in the months of June, July, August, and September in any calendar year and shall not be granted to a nonresident of this State without the payment of the license fee required pursuant to R.S.50:2-3. No holder of any recreational shellfish license may take more than 150 shellfish per day or shall sell or offer for sale shellfish taken under the license and any such sale or offer for sale shall constitute ground for the revocation of the license. No person shall take or catch more than 150 shellfish per day or sell any shellfish unless the person is a holder of a commercial shellfish license. b. Commercial shellfish license. No resident's commercial shellfish license shall be granted to any applicant who does not present satisfactory evidence that the person is legally domiciled or incorporated in this State and pay the license fee required pursuant to R.S.50.2-3. No nonresident's commercial shellfish license shall be granted to any applicant who does not pay the license fee required pursuant to R.S.50.2-3. c. Aquatic farmer license. No aquatic farmer license shall be granted to any applicant except as provided pursuant to the "New Jersey Aquaculture Development Act," P.L.1997, c.236 (C.4:27-1 et al.) and any rules or regulations adopted pursuant thereto. Amended 1950, c.217; 1951, c.269; 1979, c.199, s.28; 1988, c.35, s.1; 2007, c.338, s.25. 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 $20 for a resident's recreational shellfish license, at not less than $20 or more than $40 for a nonresident's recreational shellfish license, at not less than $50 or more than $100 for a resident's commercial shellfish license, and at not less than $250 or more than $500 for a nonresident's commercial shellfish license. No fee shall be charged for a recreational shellfish license to a person who is 62 or more years of age, provided the person is a resident of this State. A juvenile recreational shellfish license shall be available for $2 for resident or nonresident persons under 14 years of age. Amended 1971, c.392; 1973, c.282; 1979, c.199, s.29; 1988, c.35, s.2; 2007, c.338, s.26. 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 in the fund. Moneys in the fund shall be allocated by the Commissioner of Environmental Protection to the Division of Fish and Wildlife to enforce the laws necessary for the protection of the shellfish resources of the State, to enforce the prohibition of taking shellfish from any shellfish bed condemned by the department pursuant to section 2 of P.L.1979, c.321 (C.58:24-2), to increase the effectiveness of the relay and depuration programs, and to enhance the productivity of the shellfish beds in the State. L.1988, c.35, s.3; amended 2007, c.338, s.27. 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 the commissioner. Each license shall be numbered and shall state the name and residence of the licensee, and a record thereof shall be kept by the commissioner. Amended 1979, c.199, s.30; 2007, c.338, s.28. 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 or other person requesting to see the license. Amended 1939, c.242; 1979, c.199, s.31; 2007, c.338, s.29. Marine Licenses and Permits NOTE: Changes to the shellfish statutes (Title 50) are now in effect. 2008 Clam licenses sold prior to June 17, 2008, have been expanded to include all molluscan (shellfish) species, with the exception of conchs, which are addressed in the commercial marine fisheries regulations. In addition, a new non-resident Commercial Shellfish License has been established. The new statute means that anyone who wishes to harvest hard clams, soft clams, surf clams, oysters, bay scallops or mussels (or other molluscan shellfish excluding conchs) now needs to obtain a Shellfish License. Since these changes are being implemented in the middle of the calendar year, those who have already purchased a 2008 Clamming License will not need to purchase a new Shellfish License. The lifetime Resident Senior Clamming License (age 62 and older) also remains in effect. Existing Clamming Licenses have all the rights associated with the new Shellfish License. The new Shellfish Licenses is available via the Internet license site http://www.njfishandwildlife.com/als/websalesintro.htm Shellfish License Information A clamming license is now called a shellfish license and is required for harvesting of all species of benthic mollusks (with the exception of conchs, addressed in the commercial marine fisheries regulations), including, but not limited to, hard and soft clams, surf clams, oysters, bay scallops and mussels. 2008 Clam licenses sold prior to June 17, 2008, have been expanded to include all molluscan (shellfish) species, with the exception of conchs, which are addressed in the commercial marine fisheries regulations. In addition, a new non-resident Commercial Shellfish License has been established. Other specific commercial shellfish licenses exist such as surf clam dredge, Delaware Bay oyster dredge boat, and Delaware Bay licenses to harvest in Areas 1, 2 and 3. Prior to harvesting any shellfish, be certain to consult the Shellfish Growing Water Classification Charts published by DEP’s Bureau of Marine Water Monitoring, available at any shellfish license agent, state shellfish offices, marine police station, online at www.nj.gov/dep/bmw/waterclass.htm or call the Bureau of Marine Water Monitoring at 609-748-2000. For more information on license/permit requirements please see the Marine Issue of the Fish and Wildlife Digest and/or the NJ Commercial Marine Regulations, both available linked from the Regulations page. For copies of letters regarding Commercial Quotas and Trip Limits see http://www.njfishandwildlife.com/comquotas.htm. Below are the various marine licenses issued by the division: Non-commercial Crab Pot License $2.00 Resident Recreational Shellfish License $10.00 Resident Senior (62 and older) Recreational Shellfish License $2.00 Juvenile (under 14 years of age) Recreational Shellfish License (Resident/Non-Resident) $2.00 Non-Resident Recreational Shellfish License $20.00 Commercial Shellfish License $50.00 Non-Resident Commercial Shellfish License $250.00 Fillet Permit for Party Boats $2.00 To Use Fish Nets, Pounds and Pots in Marine & Estuarine Waters within Three Miles of Shore Fee Varies To Use Fish Nets, Pounds and Pots in Marine & Estuarine Waters within Three Miles of Shore Fee Varies Applications for some of the above licenses are available in PDF format on the Forms Page. http://www.njfishandwildlife.com/forms.htm#fishing For information on the above licenses or permits please contact: NJ Division of Fish and Wildlife Nacote Creek Research Station P.O. Box 418 Port Republic, NJ 08241 Marine Fisheries - 609-748-2020 Shellfisheries - 609-748-2040 Enforcement - 609-748-2050

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