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50:3-15. Closed season; exception
No person shall gather, scrape, rake or tong any oysters in or upon the beds, rivers or creeks of this State named in section 50:3-14 of this Title, for and during the period from June 30 until September 1 in each and every year; but this closed season shall not apply to the beds (a) at the mouth of Maurice river, described as follows: Beginning at a point with co-ordinates x=1,897,678 y=132,207 said point being now or formerly East Point Lighthouse and running thence N 48`-23 @ -07 ~ W 9,400 feet to a point x=1,890,650 y=138,450 on the east bank of the mouth of New England creek; thence following in an easterly direction the shore line and crossing the mouth of the Maurice river and following the shore line to the point of beginning, and in Maurice river, from which oysters may be taken between sunrise and sunset at any time, except on Sundays; or (b) to the Nantuxent beds in that area at the mouth of Nantuxent creek, Back creek and Cedar creek and the Cohansey beds at the mouth of Cohansey river, from which oysters may be taken at any time between sunrise and sunset, except on Sunday, provided, however, that any oysters so taken shall be 3 inches from hinge to mouth or longer; or (c) to the Back creek beds at the mouth of Back creek, Back creek from the mouth to the south bank of the mouth of Tweed creek, which areas are described as follows: Beginning at the intersection of the southerly bank of the mouth of Tweed creek with the westerly bank of Back creek, said intersection being at high-water mark, thence from said point in a southeasterly, southwesterly, and southerly direction, being along the westerly bank of Back creek and the westerly shore of Nantuxent Cove to a point on the said shore, said point being N 71` E 700 feet more or less from the Sextant tower on Ben Davis Point; thence N 71` E 4,300 feet more or less to a stake set in Nantuxent Cove; thence N 19` E 3,300 feet more or less to a stake set at the highwater mark along the north shore of Nantuxent Cove; thence bounding on the said high-water mark in a general westerly direction to the mouth of Back creek, thence along the easterly bank of Back creek in a general, easterly, northerly and northwesterly direction to a point due east from the southerly bank of the mouth of Tweed creek; thence crossing Back creek in a due west direction to the place of beginning, from which oysters may be taken only during the months of April, May, June, September, October and November between sunrise and sunset, except on Sunday.
Amended by L.1952, c. 184, p. 612, s. 2; L.1954, c. 159, p. 665, s. 1; L.1979, c. 199, s. 77, eff. Sept. 19, 1979.
50:3-15.1. Minimum size of oysters which may be taken
No oysters which measure less than three inches from hinge to mouth shall at any time be taken from the waters in or upon any of the beds, rivers or creeks of this State named in section 50:3-14, or be in the possession of any person after being so taken; except that this prohibition shall not apply to spat or blisters adhering so closely as to be impossible to remove without destruction; but in no case shall this exception amount to more than ten per centum (10%) of any catch or cargo; but this minimum size shall not apply to (a) Elder point beds, Andrews ditch beds, East point beds, as the same are described in section 50:3-14 of the Revised Statutes; (b) Maurice river beds; (c) Nantuxent beds at the mouth of Nantuxent creek; (d) Back creek beds at the mouth of Back creek; (e) Back creek from the mouth thereof to the south bank of the mouth of Tweed creek; and (f) Cohansey beds at the mouth of Cohansey river.
L.1952, c. 184, p. 613, s. 3.
50:3-16.1. Area
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 official survey base known as the ~New Jersey System of Plane Coordinates~ as defined in article 2 of chapter 3 of Title 51 in the Revised Statutes, viz.: beginning at a point in Delaware Bay (X = 1,910,289.85) (Y = 95,221.74) said point being the intersection of the Clam Line with the Brandywine-Dennis Creek Line; and running thence S 67`-38 @ -05.3 ~ E 21,127.33 feet to a point where the Clam Line intersects the shore line of Cape May County (X = 1,929,827.93) (Y = 87,182.61) said point being about 2000 feet south southwest of Gus@s Beach; thence following the high water mark along the shore line of Cape May County in a southerly direction its various courses and distances to a point (X = 1,913,191.01) (Y = 37,809.97) located on the Cape May Point Lighthouse-Brandywine Shoal Lighthouse Line; thence along this line N 65`-43 @ -09.6 ~ W 44,130.11 feet to Brandywine Shoal Lighthouse (X = 1,872,964.55) (Y = 55,956.58), thence along the Brandywine-Dennis Creek Line N 43`-32 @ -56.9 ~ E 54,175.00 feet to the place of beginning, shall be divided into three (3) areas, to be known as follows:
Area No. 1--Tongers Area.
Area No. 2--Natural Seed Bed Area.
Area No. 3--Shellfish Dredging Area.
L.1966, c. 52, s. 1, eff. May 25, 1966.
50:3-16.2. Marking of areas by stakes or buoys
The commissioner shall cause the limits of each of said areas to be plainly marked by stakes or buoys as soon as practical after the effective date of this act.
L.1966, c. 52, s. 2, eff. May 25, 1966. Amended by L.1979, c. 199, s. 47, eff. Sept. 19, 1979.
50:3-16.3. Description
Area No. 1--Tongers Area is described as follows: beginning at a point (X = 1,921,393.68) (Y = 90,652.96) said point located on the Clam Line 1 1/2 nautical miles off shore; and running thence S 67`-38 @ -05.3 ~ E 9,120.30 feet to a point where the Clam Line intersects the shore line of Cape May County (X = 1,929,827.93) (Y = 87,182.61) said point also being about 2000 feet south south west of Gus@s Beach; thence following the high water mark along the shore line of Cape May County in a southerly direction its various courses and distances to a point (X = 1,913,191.01) (Y = 37,809.97) located on the Cape May Point Lighthouse-Brandywine Shoal Lighthouse Line; thence along this line N 65`-43 @ -09.6 ~ W 10,920.30 feet to a point (X = 1,903,236.69) (Y = 42,300.47) located on the Cape May Point Lighthouse-Brandywine Shoal Lighthouse Line; thence N 05`-23 @ -37.6 ~ E 32,025.80 feet to a point (X = 1,906,247.10) (Y = 74,184.49) in Delaware Bay; thence S 60`-50 @ -30 ~ E 5700 feet to a point (X = 1,911,224.78) (Y = 71,409.29) in Delaware Bay; thence N 27`-51 @ -02.8 ~ E 21,767.00 feet to the place of beginning.
L.1966, c. 52, s. 3, eff. May 25, 1966.
50:3-16.4. Use of shinnycock rake; weight and power
It shall be lawful to catch or take shellfish in Area No. 1 by the use of a Shinnycock Rake, weight not to exceed 60 pounds, with power and in the manner, now or hereafter prescribed by law.
L.1966, c. 52, s. 4, eff. May 25, 1966.
50:3-16.5. Necessity of license for taking shellfish
No person shall catch or take any shellfish from the natural shellfish beds contained within said Area No. 1 unless there shall have been first issued by the Council for each boat or vessel, so to be used or employed therein, a special license authorizing the catching or taking of shellfish within said area, which shall be issued for a term not longer than 1 year and shall contain an agreement on the part of the holder thereof that any person or officer authorized by regulation of said council to make inspections of such area may board said boat or vessel to inspect shellfish therein contained, and all licenses issued under this act shall be numbered.
L.1966, c. 52, s. 5, May 25, 1966. Amended by L.1979, c. 199, s. 48, eff. Sept. 19, 1979.
50:3-16.6. Application for license; form
Application for such a license shall be made to said council on a form prescribed by the council by the owner of the vessel to be licensed or the master or captain of such vessel acting for such owner, which application shall state, under oath, that such boat or vessel is wholly owned bona fide by a citizen or citizens or actual resident or residents of this State, who have been such for 12 months next preceding the making of said application, and shall contain a provision that the holder of the license applied for thereby consents to the agreements to be set forth in such license as prescribed by section 10 of this act. Said oath may be administered by any member of the council or the chief of the section and must be in writing signed by the person making the same in the presence of the person administering the same.
L.1966, c. 52, s. 6, eff. May 25, 1966.
50:3-16.7. License fee
Each application for a license shall be accompanied by a license fee in an amount to be fixed by the council but not exceeding $4.00 per ton on the gross tonnage measurement of the boat or vessel to be licensed but a minimum fee of $25.00 shall be charged for each boat or vessel licensed. In event that the license is refused, the license fee accompanying the application shall be returned to the applicant.
L.1966, c. 52, s. 7, eff. May 25, 1966.
50:3-16.8. Revocation of license; false oath by applicant; hearing
The council may revoke any license issued under this act by reason of a false oath made by any owner or master in applying therefor, after due hearing.
L.1966, c. 52, s. 8, eff. May 25, 1966.
50:3-16.9. Time for taking oysters
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 post meridian, Standard Time, on the days of the week, except Saturdays and Sundays, during the months beginning with the month of October in 1 year and ending with the month of April in the next year.
L.1966, c. 52, s. 9, eff. May 25, 1966.
50:3-16.10. Description
Area No. 2--Natural Seed Bed Area is described as follows: beginning at a point (X = 1,910,289.85) (Y = 95,221.74) said point being the intersection of the Clam Line with the Brandywine-Dennis Creek Line; and running thence S 67`-38 @ -05.3 ~ E. 12,007.03 feet along the Clam Line to a point (X = 1,921,393.68) (Y = 90,652.96) the same being the northwest corner of Area No. 1--Tongers Area; thence S 27`-51 @ -02.8 ~ W 21,767.00 feet along the western side of Area No. 1 to a point (X = 1,911,224.78) (Y = 71,407.29); thence N 60`-50 @ -30 ~ W 17,638.66 feet to a point (X = 1,895,821.35) (Y = 80,001.28) said point located on the Brandywine-Dennis Creek Line; thence along this line N 43`-32 @ -56.9 ~ E 21,000.00 feet to the place of beginning.
L.1966, c. 52, s. 10, May 25, 1966.
50:3-16.12. Description
Area No. 3--Oyster, Clam and Crab Dredging Area is described as follows: beginning at a point (X = 1,895,821.35) (Y = 80,001.28) said point being on the Brandywine-Dennis Creek Line; and running thence S 60`-50 @ -30 ~ E 11,938.66 feet along the southern boundary line of Area No. 2 to a point (X = 1,906,247.10) (Y = 74,184.47) said point being on the western side of Area No. 1 and on the southern side of Area No. 2; thence along the western side of Area No. 1 S 05`-23 @ -37.6 ~ W 32,025.80 feet to a point (X = 1,903,236.69) (Y = 42,300.47) said point located on the Cape May Point Lighthouse-Brandywine Shoal Lighthouse Line; thence along said line N 65`-43 @ -09.6 ~ W 33,209.81 feet to Brandywine Shoal Lighthouse (X = 1,872,964.55) (Y = 55,956.58); thence along the Brandywine-Dennis Creek Line N 43`-32 @ -56.9 ~ E 33,175.00 feet to the place of beginning.
L.1966, c. 52, s. 12, eff. May 25, 1966.
50:3-16.13. Taking of oysters, clams and crabs
It shall be lawful to catch and take oysters, clams and crabs in that portion of the Delaware bay, hereinbefore described as Areas Nos. 2 and 3, upon compliance with the provisions of this Title and any rules and regulations issued pursuant thereto.
L.1966, c. 52, s. 13, eff. May 25, 1966. Amended by L.1980, c. 120, s. 4, eff. Sept. 26, 1980.
50:3-16.14. Necessity of license for taking shellfish
No person shall catch or take any shellfish from the natural shellfish beds, contained within said Areas Nos. 2 and 3, unless there shall have been first issued by the council for each boat or vessel, so to be used or employed therein, a special license authorizing the catching or taking of shellfish within said areas, which shall be issued for a term not longer than 1 year and shall contain an agreement on the part of the holder thereof:
(a) That any person or officer authorized by regulation of said council to make inspections of such areas may board said boat or vessel to inspect shellfish therein contained, and
(b) That such holder will deliver or cause to be delivered to said council the shells taken in said areas in the process of opening or shucking, from 40% of all of the oysters taken from under the tidal waters of said areas and delivered by such holder or for his account to any shucking houses, pursuant to chapter 39 of the laws of 1945, at the times and in the manner prescribed therein,
(c) That such holder will, in the case of oysters packed and shipped or otherwise sold in the shells by him to persons not required to be licensed under this act, pay to the State of New Jersey the true, fair, cash market value of the oyster shells so packed and shipped and otherwise sold, as fixed by the Council of Shell Fisheries, under the provisions of this act, on the basis of one bushel of shells for each bushel of oysters so sold or shipped which payments shall be made as statements are submitted.
All licenses issued under this act shall be numbered.
L.1966, c. 52, s. 14, eff. May 25, 1966. Amended by L.1979, c. 199, s. 49, eff. Sept. 19, 1979; L.1980, c. 120, s. 5, eff. Sept. 26, 1980.
50:3-16.15. Application for license; form
Application for such a license shall be made to said council on a form prescribed by the council by the owner of the vessel to be licensed or the master or captain of such vessel acting for such owner, which application shall state, under oath, that such boat or vessel is wholly owned bona fide by a citizen or citizens or actual resident or residents of this State, who have been such for 12 months next preceding the making of said application, and shall contain a provision that the holder of the license applied for thereby consents to the agreements to be set forth in such license as prescribed by section 9 of this act. Said oath may be administered by any member of the council or the chief of the section and must be in writing signed by the person making the same in the presence of the person administering the same.
L.1966, c. 52, s. 15, eff. May 25, 1966.
50:3-16.16. License fee
Each application for a license shall be accompanied by a license fee in an amount to be fixed by the council but not exceeding $4.00 per ton on the gross tonnage measurement of the boat or vessel to be licensed but a minimum fee of $50.00 shall be charged for each boat or vessel licensed. In event that the license is refused, the license fee accompanying the application shall be returned to the applicant.
L.1966, c. 52, s. 16, eff. May 25, 1966.
50:3-16.17. Revocation of license; false oath by applicant; hearing
The council may revoke any license issued under this act by reason of a false oath made by any owner or master in applying therefor, after due hearing.
L.1966, c. 52, s. 17, eff. May 25, 1966.
50:3-16.18. Oyster size limitation; exception of spats or blisters
No oyster, which shall measure less than 3 inches from hinge to bill, shall at any time be taken from the waters of Areas Nos. 2 and 3 or be possessed by any person after being so taken, except spats or blisters, adhering so closely as to be impossible to remove without destruction, not amounting in any case to more than 10% of any catch or cargo.
L.1966, c. 52, s. 18, eff. May 25, 1966. Amended by L.1980, c. 120, s. 6, eff. Sept. 26, 1980.
50:3-16.19. Time for taking shellfish
No shellfish shall be dredged for or harvested in Areas Nos. 2 and 3 except between the hours of 6 o@clock ante meridian and 2:30 o@clock post meridian, Standard Time, on the days of the week, except Saturdays and Sundays, during the months beginning with the month of October in 1 year and ending with the month of April in the next year.
L.1966, c. 52, s. 19, eff. May 25, 1966. Amended by L.1980, c. 120, s. 7, eff. Sept. 26, 1980.
50:3-16.20. Dredge; size
No person shall use any dredge for the purpose of catching or taking shellfish from said Areas Nos. 2 and 3, the tooth bar of which dredge measures more than 54 inches across from center of bolt hole to center of bolt hole where the frame thereof is fastened to the tooth bar, or any dredge which measures more than 5 feet 2 inches in width from the extreme outside to outside of frame, or any dredge which measures more than 21 inches from center of tooth bar to center of cross bar, or any dredge the bag of which contains more than 17 rows of 2-inch rings, or any dredge the rings of which are less than 2 inches in diameter, inside measurement, or any dredge the bag of which measures more than 5 feet around the bag from center of tooth bar to center of cross bar, or any dredge which weighs more than 190 pounds.
L.1966, c. 52, s. 20, eff. May 25, 1966. Amended by L.1980, c. 120, s. 8, eff. Sept. 26, 1980.
50:3-16.21. Rules and regulations for taking or catching shellfish
The council may, subject to the approval of the commissioner, by rule and regulation, prohibit the taking or catching of shellfish in such area at such times as, in the judgment of the council, may be necessary to close said beds or any part thereof for conservation purposes.
L.1966, c. 52, s. 21, eff. May 25, 1966. Amended by L.1979, c. 199, s. 50, eff. Sept. 19, 1979.
50:3-16.22. Applications for licenses; filing recording
All applications for licenses made under this act shall be filed, and all licenses issued under this act shall be recorded, in books to be kept for said purposes by the department.
L.1966, c. 52, s. 22, eff. May 25, 1966. Amended by L.1979, c. 199, s. 51, eff. Sept. 19, 1979.
50:3-20.10. ~Oyster shucking house,~ ~oyster planter~ and ~oyster dealer~ defined
As used in this act, the terms:
~Oyster shucking house~ means a plant for the opening, shucking, processing and packing of oysters which originate on the natural oyster beds in the tidal waters of the Delaware river, the Delaware bay or the Maurice river cove or any of their tributaries;
~Oyster planter~ means any person who plants and grows oysters so originating and who sells oysters so planted and grown, in the shells, to persons required to be licensed under this act;
~Oyster dealer~ means any person who, for himself or as an agent or broker, purchases from oyster planters, within this State, oysters so originating, in the shells, for purpose of resale or shipment for resale or for use other than the use of himself and his family, in the shells, and, also, any person who plants and grows oysters so originating and packs and ships or otherwise sells oysters so originating, in the shells, to person not required to be licensed under this act.
L.1945, c. 39, p. 99, s. 1.
50:3-20.11. License required for oyster shucking house, planter, dealer
2. It shall be unlawful for any person to operate within this State an oyster shucking house or to engage in or carry on the business of an oyster planter or an oyster dealer, as defined in section 1 of P.L.1945, c.39 (C.50:3-20.10), without first obtaining a license for this purpose from the commissioner as provided in P.L.1945, c.39.
Amended 1979, c.199, s.52; 1996, c.112, s.6.
50:3-20.12. Period of license
Such license, when issued, shall authorize the licensee to operate the oyster shucking house therein named or to engage in and conduct the business of an oyster planter or an oyster dealer, as the case may be, for the term of one year beginning on the fifteenth day of August and ending on the fourteenth day of August following.
L.1945, c. 39, p. 99, s. 3.
50:3-20.13. Issuance of license, disposition of fees
4. The license to conduct an oyster shucking house or to engage in and conduct the business of an oyster planter or an oyster dealer shall be issued upon the payment of a license fee of $100. All license fees collected shall be deposited in the ~Oyster Resource Development Account,~ established pursuant to section 8 of P.L.1996, c.112 (C.23:3-12.2), and shall be subject to all the terms and conditions of that section.
L.1945,c.39,s.4; amended 1979, c.199, s.53; 1996, c.112, s.7.
50:3-20.14. Delivery by licensee of percentage of oyster shells to Shell Fisheries Council
The license to engage in the business of an oyster planter shall be issued in consideration of the agreement of the licensee to deliver to the Shell Fisheries Council, at the times and in the manner prescribed in this act, the shells taken, in the process of opening or shucking, from forty per centum (40%) of all of the oysters taken from under the tidal waters of the Delaware river, Delaware bay or the Maurice river cove or any of their tributaries, and delivered by the licensee or for his account to shucking houses licensed under this act.
L.1945, c. 39, p. 99, s. 5. Amended by L.1953, c. 263, p. 1767, s. 1.
50:3-20.15. Payments by licensees in lieu of delivery of oyster shells
The license to engage in the business of an oyster dealer shall be issued in consideration of the agreement of the licensee to pay to the commissioner the sums prescribed to be paid by this act in lieu of the delivery of oyster shells.
L.1945, c. 39, p. 100, s. 6. Amended by L.1979, c. 199, s. 54, eff. Sept. 19, 1979.
50:3-20.16. Storing, planting and spreading oyster shells delivered
Said oyster shells so to be returned to the State shall be returned by the respective oyster planters by whom or for whose account they are delivered to the respective oyster shucking houses and shall be stored and loaded on boats, to be furnished by such oyster planters by the operators of such oyster shucking houses and shall be planted or spread upon said natural oyster beds, at the cost and expense of said oyster planters, at times and places to be designated by the council.
L.1945, c. 39, p. 100, s. 7. Amended by L.1979, c. 199, s. 55, eff. Sept. 19, 1979.
50:3-20.17. Expense of storing and loading shells to be paid by State
The cost of storage and loading of such shells upon boats shall be paid to the operators of the respective oyster shucking houses by the State through the commissioner at a price to be fixed by said commissioner, but not to exceed the market price of shells.
L.1945, c. 39, p. 100, s. 8. Amended by L.1979, c. 199, s. 56, eff. Sept. 19, 1979.
50:3-20.18. Value of shells to be paid by dealers selling oysters in shells to unlicensed persons
In the case of oysters packed and shipped or otherwise sold in the shells by oyster dealers to persons not required to be licensed under this act, the respective oyster dealers shall pay to the State of New Jersey the true, fair, cash, market value of the oyster shells so packed and shipped and otherwise sold, as fixed by the commissioner, under the provisions of this act, on the basis of one bushel of shells for each bushel of oysters so sold or shipped which payments shall be made as statements are submitted.
L.1945, c. 39, p. 100, s. 9. Amended by L.1979, c. 199, s. 57, eff. Sept. 19, 1979.
50:3-20.19. Statements or reports by operators of shucking houses
Every operator of an oyster shucking house licensed under this act shall submit, in writing, monthly, a verified statement or report of the number of bushels of oysters so originating, purchased from each oyster planter or oyster dealer licensed under this act during the preceding month and every oyster dealer licensed under this act shall likewise submit, in writing, each month, a verified statement or report of the number of bushels of oysters so originating, purchased from each oyster planter or oyster dealer licensed under this act and the number of bushels of oysters packed and shipped and otherwise sold, in the shells, to persons not licensed under this act and the number of bushels of oysters so originating, packed and shipped and otherwise sold to persons licensed under this act, which statement or report shall be furnished on or before the fifteenth day of the month following the month for which such statement is made.
L.1945, c. 39, p. 101, s. 10.
50:3-20.20. Annual survey; prices to be paid
The council shall, between June 1 and July 1 of each year, make a survey and determine the locations in which, in the judgment of the council, oyster shells should be returned to the natural oyster beds lying within said tidal waters within the year beginning on said July 1 in order to prevent depletion of said natural oyster beds and seed grounds and in order to improve the same and effectuate an increase in the nation@s food supply, and shall, at the same time, ascertain the number of bushels of oyster shells to be returned to the State by each licensed oyster planter, and to be stored and loaded on boats by the operators of the respective oyster shucking houses, as required by this act, and, at the same time, shall fix the price to be paid to the operators of the respective oyster shucking houses by the State for storing and loading such shells and shall ascertain the true, fair, cash, market value of oyster shells per bushel to be paid in lieu of the return of oyster shells under this act during said year.
L.1945, c. 39, p. 101, s. 11. Amended by L.1979, c. 199, s. 58, eff. Sept. 19, 1979.
50:3-20.21. Purchase of oyster shells and oysters for spreading and planting
All moneys received as license fees and in lieu of the return of oyster shells under the provisions of this act shall be used by the commissioner for the purchase of oyster shells and oysters which shall be spread over and planted in said natural oyster beds and seed grounds of the State and to establish and maintain oyster sanctuaries.
L.1945, c. 39, p. 102, s. 12. Amended by L.1979, c. 199, s. 59, eff. Sept. 19, 1979.
50:3-20.22. Rules and regulations
The commissioner shall have power to make rules and regulations for the carrying out of the purposes of, and enforcement of, the provisions of this act.
L.1945, c. 39, p. 102, s. 13. Amended by L.1979, c. 199, s. 60, eff. Sept. 19, 1979.
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 issuance of licenses to persons engaged in the business of opening, shucking, processing and packing of oysters, taken from the tidal waters of the Delaware river, the Delaware bay, the Maurice river cove and their tributaries, for sale, within this State and persons engaged in the business of purchasing oysters so taken in the shells from growers within this State for the purpose of resale or shipment for resale or use other than the use of such persons and their families and of persons engaged in the business of packing and shipping oysters, grown by them in said tidal waters, in the shells for resale or such use, providing for the compensation to be paid for the issuance of such licenses and for the method of calculating the same and providing penalties for violations, and supplementing Title 50 of the Revised Statutes,~ filed April twelfth, one thousand nine hundred and forty-three, is repealed.
L.1945, c. 39, p. 104, s. 17.
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