reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 49 - Sale of Securities › Section 49:5-12 - Injunctions

49:5-12. Injunctions
a. Whenever it appears to the bureau chief that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or any regulation or order adopted under this act, the bureau chief may investigate and issue orders and notices including cease and desist orders and notices. In addition to all other remedies, he may bring an action in any Superior Court of this State in the name and on behalf of the State against any person or persons participating in or about to participate in a violation, to enjoin those persons from continuing or doing any act in violation of this act or to enforce compliance. In any court proceedings, the bureau chief may apply for and on due showing be entitled to have issued the court's subpena requiring the appearance of any defendant and the defendant's employees or agents and the production of documents, books and records as may appear necessary for the hearing of the petition, to testify and give evidence concerning the acts or conduct or things complained of in the action. Upon a proper showing, the court may grant a permanent or preliminary injunction or temporary restraining order or may order rescission of any sales, tenders for sale, purchase or tenders for purchase of equity securities determined to be unlawful under this act or any regulation or order of the bureau chief.
b. Whenever any person has engaged or is about to engage in any act or practice constituting a violation of this act or any regulation or order adopted thereunder, the offeror, target company or any record or beneficial owner of an equity security of the target company may bring an action to enjoin that person from continuing or doing any act in violation of this act or to enforce compliance. Upon a proper showing, the court may grant a permanent or preliminary injunction or temporary restraining order or may order rescission of any sales, tenders for sale, purchases or tenders for purchase of equity securities determined to be unlawful under this act or any regulation or order of the bureau chief.
L.1977, c. 76, s. 12, eff. April 27, 1977.
2023 New Jersey Revised Statutes › Title 49 - Sale of Securities › Section 49:5-13 - Criminal penalties

49:5-13. Criminal penalties
a. Any person who makes a takeover offer involving a target company without a disclosure statement required under section 3, may be imprisoned for a period not to exceed 1 year, or fined an amount not to exceed $10,000.00 or both.
b. Any person who, in connection with a takeover offer, knowingly makes or causes to be made to the bureau chief any representation of a material fact which he knows to be false, or knowingly withholds or causes to be withheld from the bureau chief any information the disclosure of which he knows is necessary, in light of the circumstances, to make not misleading other representations of material facts made or caused to be made by him to the bureau chief, may be imprisoned for a period of not less than 1 year nor more than 5 years, or fined an amount not to exceed $50,000.00 or both.
c. Any person who in connection with a takeover offer knowingly publishes or causes to be published any representation of a material fact which he knows to be false, or knowingly omits to publish information which he knows is necessary, in light of the circumstances, to make not misleading other representation of material facts published or caused to be published by him, may be imprisoned for a period not less than 1 nor more than 5 years, or fined an amount not to exceed $50,000.00, or both, provided, however, this subsection shall not apply to the mailing by a target company to the record or beneficial owners of its equity securities of solicitation materials published by an offeror.
d. Any person who knowingly violates any provision of this act for which a specific criminal penalty is not otherwise provided may be imprisoned for a period not to exceed 1 year, or fined an amount not to exceed $10,000.00, or both.
L.1977, c. 76, s. 13, eff. April 27, 1977.
2023 New Jersey Revised Statutes › Title 49 - Sale of Securities › Section 49:5-14 - Civil penalties

49:5-14. Civil penalties
14. Civil Penalties. In addition to any other sanctions herein or otherwise provided by law, the bureau chief, upon notice and hearing, may impose a penalty not exceeding $10,000.00 for any violation of this act or of any rule or regulation duly issued hereunder. Such penalty shall be recovered by and in the name of the bureau chief in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) in the Superior Court or a municipal court which shall have jurisdiction to enforce said penalty enforcement law in connection with this act. Where any violation of this act or of any rule or regulation duly issued hereunder is of a continuing nature, each day during which such violation continues after the date fixed by the bureau chief in any order or notice for the correction or termination of such violation, shall constitute an additional separate and distinct offense, except during the time an appeal from said order or notice may be taken or is pending.
L.1977,c.76,s.14; amended 1991,c.91,s.474.
2023 New Jersey Revised Statutes › Title 49 - Sale of Securities › Section 49:5-15 - Rights and remedies

49:5-15. Rights and remedies
a. Any offeror who purchases an equity security in connection with a takeover offer not in compliance with this act or by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading, shall be liable to the person selling the security to him. That person may sue either at law or in equity.
As used in this section, "damages" means an amount equal to the market value of the shares acquired by the offeror plus any dividends or interest paid thereon to the offeror or any person holding under him and minus the consideration received for the shares from the offeror. For the purpose of paragraph (2) of subsection b. of this section, market value is the greater of the market value on the date the action is commenced or on the date of tender. For the purpose of subsection e. of this section, market value is measured on the date when the offer to pay damages is made.
b. An offeree who is entitled to recover pursuant to subsection a. may bring a civil action:
(1) To recover such shares, if the offeror still owns them, together with all dividends or interest received thereon, costs and reasonable attorneys' fees, upon the tender of the consideration received from the offeror; or
(2) For the substantial equivalent in damages.
c. Every person who directly or indirectly controls a person liable under subsection b., every partner, principal executive officer or director of such person, every person occupying a similar status or performing similar functions, every employee of such person who materially aids in the act or transaction constituting the violation, and every broker-dealer or agent who materially aids in the act or transaction constituting the violation, is also liable jointly and severally with and to the same extent as such person, unless the person liable hereunder proves that he did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There shall be contribution as in cases of contract among the several persons so liable.
d. Any tender specified in this section may be made at any time before entry of judgment.
e. If any person liable by reason of subsection a. or c. makes a written offer, before suit is brought, to return the shares taken up pursuant to the takeover bid, together with all dividends or interest received thereon, upon the tender of the consideration received from the offeror, or to pay damages if the offeror no longer owns such shares, an offeree is not entitled to maintain a suit under this section if he has refused or failed to accept such offer within 30 days of its receipt.
L.1977, c. 76, s. 15, eff. April 27, 1977.
2023 New Jersey Revised Statutes › Title 49 - Sale of Securities › Section 49:5-16 - Conflict with other laws

49:5-16. Conflict with other laws
All laws and parts of laws of this State inconsistent with this act are hereby superseded with respect to matters covered by this act; provided, however, that, nothing contained herein shall limit the power of the State to proceed against any person for conduct which constitutes a crime under any other statute, and further provided that, nothing contained herein shall affect the applicability of the New Jersey Anti-trust Act, P.L.1970, c. 73 (C. 56:9-1 et seq.) or the rights conferred therein.
L.1977, c. 76, s. 16, eff. April 27, 1977.
2023 New Jersey Revised Statutes › Title 49 - Sale of Securities › Section 49:5-17 - Appeals procedure; judicial review; in lieu of prerogative writ

49:5-17. Appeals procedure; judicial review; in lieu of prerogative writ
a. Any person aggrieved by any act, determination, rules, regulation, or order or any other action of the bureau chief pursuant to this act may appeal to the Appellate Division of Superior Court.
b. The filing of an appeal pursuant to this action shall stay the application of any such rule, regulation, order or other action of the bureau chief to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of the target company's security holders, employees, customers or creditors or of the public.
c. Any person aggrieved by any failure of the bureau chief to act or to make determination required by this act may commence an action in the Superior Court for an order in lieu of a prerogative writ directing the bureau chief to act or make such determination forthwith.
L.1977, c. 76, s. 17, eff. April 27, 1977.
2023 New Jersey Revised Statutes › Title 49 - Sale of Securities › Section 49:5-18 - Severability clause

49:5-18. Severability clause
If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity.
L.1977, c. 76, s. 18, eff. April 27, 1977.
2023 New Jersey Revised Statutes › Title 49 - Sale of Securities › Section 49:5-19 - Application of Takeover Bid Disclosure Law

49:5-19. Application of Takeover Bid Disclosure Law
a. If the target company is a financial institution subject to regulation by the Commissioner of Banking, or a public utility corporation subject to regulation by the Board of Public Utility Commissioners, or a transportation company subject to regulation by the Commissioner of Transportation, the bureau chief shall promptly furnish a copy of the registration statement filed under this act to the regulatory agency having supervision of the target company. Any hearing under this act involving any such target company shall be held jointly with the regulatory agency having supervision, and any determination following the hearing shall be made jointly with that regulatory agency.
b. If the target company is a public utility, public utility holding company, national banking association, bank holding company, savings and loan association or savings and loan holding company subject to regulation by a Federal agency and the takeover of such company is subject to approval by that agency this act shall not apply.
c. Where a takeover bid or takeover offer subject to the filing requirements of section 3 of this act is also subject to similar laws of another state, or to review by Federal agencies, or other State agencies; the bureau chief may, at his discretion, hold joint hearings and otherwise cooperate with such State and Federal agencies, provided such cooperation furthers the purposes of this act and does not impair the ability of the bureau chief to proceed and make all requisite findings under section 4 of this act.
d. This act shall not apply to any offer involving a class vote by shareholders of the target company, pursuant to its articles of incorporation or the applicable corporation statute, on a merger, consolidation or sale of corporate assets in consideration of the issuance of securities of another corporation, or sale of its securities in exchange for cash or securities of another corporation.
L.1977, c. 76, s. 19, eff. April 27, 1977.
2023 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 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 shellfish throughout the entire State, subject to the provisions of this Title. The commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary for the preservation and improvement of the shellfish industry and resource of the State, after consultation with the Shellfisheries Council and subject to the disapproval, as hereinbefore provided, of the Marine Fisheries Council. With respect to aquaculture, the commissioner, in consultation with the Secretary of Agriculture and the Shellfisheries Council, shall establish appropriate policies for the use of aquaculture leases in waters of the State and for lands underneath waters of the State, including but not limited to lease specifications, fees, and assignability and termination of lease agreements. The Department of Health and Senior Services, pursuant to R.S.24:2-1, shall regulate the safety of shellfish originating within the growing waters of the State, within interstate commerce and from international sources.
b. For purposes of this Title:
"Commissioner "means the Commissioner of Environmental Protection.
"Council" means the Shellfisheries Council created pursuant to R.S.50:1-18.
"Department" means the Department of Environmental Protection.
"Shellfish" means any species of benthic mollusks, except for conchs (Busycon carica, Busycon contrarium and Busycotypus canaliculatum), the harvest of which is regulated pursuant to section 6 of P.L.1979, c.199 (C.23:2B-6), section 2 of P.L.1941, c.211 (C.23:5-24.2) and the rules and regulations adopted pursuant thereto, and shall include, but not be limited to, hard clams (Mercenaria mercenaria), soft clams (Mya arenaria), surf clams (Spisula solidissma) and oysters (Crassostrea virginica).
Amended 1979, c.199, s.14; 1996, c.112, s.1; 2007, c.338, s.6.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-22 - Offices; locations; records of leases and licenses.

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 leases and licenses issued shall be kept therein. One office shall be located in the area served by the Atlantic Coast Section and one office shall be located in the area served by the Delaware Bay Section of the Shellfisheries Council.
Amended 1979, c.199, s.16. 2007, c.338, s.9.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-24 - Exclusive power to lease.

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 this State for the planting and culture of shellfish is exclusive, and no other State agency may, in the name of the State or otherwise, give, grant or convey to any person the exclusive right to plant or take shellfish from any of those waters; and no grant or lease of lands under tidewater, whereon there are natural oyster beds, shall be made by any other State agency except for the purpose of building wharves, bulkheads or piers.
Amended 1979, c.199, s.17; 2007, c.338, s.11.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-25 - Residency requirement for leases.

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 this State.
Amended 1979, c.199, s.18. 2007, c.338, s.12.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-27 - Fixing term, rental and acreage.

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, the maximum size of any single ground to be leased, and the total acreage which may be leased to any person or persons.
Amended 1979, c.199, s.19; 2007, c.338, s.13.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-28 - Measuring and mapping of leased lands.

50:1-28 Measuring and mapping of leased lands.
50:1-28. The commissioner shall cause the leased lands to be measured, and the metes and bounds thereof ascertained and recorded so that the limits thereof may be accurately fixed and easily located. The official survey base shall be the "New Jersey system of plane coordinates" as defined in article 2 of chapter 3 of Title 51 of the Revised Statutes. The department shall survey parcels of bottom not leased at the time of application.
The commissioner shall cause the leased lands to be mapped, and the maps to be filed in the office of the department.
The expense of surveying, measuring, locating and mapping any ground or grounds shall be paid by the applicant therefor before the applicant shall be entitled to a lease or leases for the ground or grounds.
Amended 1979, c.199, s.20; 2007, c.338, s.14.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-29 - Recording of leases and assignments thereof.

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 assignment or transfer of any ground or lease therefor shall be valid unless approved by the commissioner and the council and forthwith recorded in the office of the department.
Amended 1979, c.199, s.21; 2007, c.338, s.15.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-30 - Lease of condemned lands.

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 or may hereafter be condemned pursuant to the provisions of chapter 24 of Title 58 of the Revised Statutes.
Amended 1979, c.199, s.22; 2007, c.338, s.16.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-31 - Removal of shellfish from leased condemned lands.

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 distribution of shellfish from lands leased under R.S.50:1-30, as in the commissioner's judgment will be in accord with the object of the condemnation. The rules and regulations shall not be inconsistent with those adopted pursuant to the provisions of chapter 24 of Title 58 of the Revised Statutes.
Amended 1979, c.199, s.23; 2007, c.338, s.17.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-31.1 - Commercial shellfish aquaculture permit holder, annual harvest report.

50:1-31.1 Commercial shellfish aquaculture permit holder, annual harvest report.
3. A person who holds a commercial shellfish aquaculture permit shall submit an annual harvest report, in writing, on or before December 31 of each year, to the Department of Environmental Protection. Each report shall disclose, for the annual reporting period, the amount of shellfish harvested by the permittee, from each State-leased aquaculture lease.
L.2023, c.137, s.3.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-33 - Fishing rights preserved; lessees' remedies.

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 this State in any lawful manner. Nothing in this section shall be construed to prevent or prohibit lessees from pursuing either criminal or civil actions, or both, that may be available for damage to aquaculture gear and aquatic livestock on shellfish leases.
Amended 2007, c.338, s.18.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-34 - Permission requied to plant, lodge foreign shellfish; rules, regulations.

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 in the waters of this State without written permission issued by the commissioner, after notice to the council. Application for such permission shall be made in writing, and shall state:
(1) The species of shellfish;
(2) The location from which they were, or are to be, immediately taken;
(3) The source from which they were originally obtained; and
(4) The geographic area to which the species or strain is native.
The same information shall be shown upon a tag attached to or upon the billing accompanying each shipment upon its arrival in this State.
b. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and in accordance with the provisions of the "New Jersey Aquaculture Development Act," P.L.1997, c.236 (C.4:27-1 et al.), rules and regulations governing the importation and transportation of the products of commercial aquaculture.
Amended 1979, c.199, s.24; 2007, c.338, s.20.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-35 - Permission for planting, lodging foreign shellfish; conditions.

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, and the condition of the shellfish and after the commissioner's determination that the same will not be detrimental to the native shellfish or to the shellfish industry of this State.
The permission shall specify the nature, species, quantity and proposed location of planting or lodgment of the shellfish.
Amended 1979, c.199, s.25; 2007, c.338, s.21.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:1-36 - Costs of inspection.

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 defray the cost of the inspection, examination and certification.
Amended 1979, c.199, s.26; 2007, c.338, s.22.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-1 - License required for catching, taking shellfish, conditions.

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.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-2 - Recreational, commercial shellfish licenses; aquatic farmer license.

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.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-3 - License fees.

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.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-3.1 - "Shellfisheries Law Enforcement Fund."

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.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-4 - Terms, requisites, record of license.

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.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-5 - Accessibility, inspection of license.

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.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-6.1 - License required for taking surf clams; exceptions, regulations.

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 license from the commissioner, except that the holder of a recreational shellfish license may harvest up to 150 surf clams per day from waters classified as "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.), with hand implements only. The commissioner may issue licenses for the harvesting of surf clams within the waters of this State. The license shall be issued on a seasonal basis pursuant to rules and regulations adopted by the commissioner.
Such licenses shall grant the privilege of gathering surf clams by dredging, but only in the Atlantic Ocean, but not in the Delaware Bay north and west of the COLREGS demarcation line which runs from Cape May Point Lighthouse in Cape May, New Jersey to Harbor of Refuge Lighthouse at Cape Henlopen, Delaware or in the Sandy Hook Bay west of a line from the west point of Sandy Hook to Roamer Shoal Lighthouse. No boat or vessel shall be licensed under P.L.1950, c.310 (C.50:2-6.1 et seq.) unless its bona fide owner is an individual or entity legally domiciled or incorporated in this State.
The commissioner may adopt rules and regulations regarding the issuance procedures of such licenses.
The commissioner may issue permits for surf clam research, inventory and educational projects. Nothing in this section shall be construed to limit the activities of those projects.
L.1950, c.310, s.1; amended 1975, c.398, s.1; 1979, c.199, s.32; 1991, c.79, s.1; 2007, c.338, s.30.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-6.2 - Dredging license, limitations; seasons.

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 rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Notwithstanding any other provision of law, the commissioner may adopt rules or regulations fixing the hours during which dredging will be permitted. No such dredging operation shall be permitted at any time between June 1 and September 30 in each year, unless changed by emergency order or regulation. Unless otherwise provided by rule or regulation, all surf clams harvested within the waters of New Jersey (three nautical miles) shall not be taken into another state or the waters thereof until the clams have been first landed in New Jersey. It shall be prima facie evidence of a violation of this section if a harvest vessel is observed by radar or other means leaving the waters of New Jersey and entering the waters of another state any time prior to landing.
L.1950, c.310, s.2; amended 1975, c.398, s.2; 1980, c.132; 1991, c.79, s.2; 2007, c.338, s.31.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-6.3 - Rules, regulations; fee.

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 seq.), rules and regulations and amend or repeal such rules and regulations from time to time as required for the conservation, protection, management, and improvement of the surf clam resource and industry. These rules and regulations may include the imposition and collection of a per bushel fee for all surf clams harvested within the waters of this State, provided that the fee shall be in an amount not less than $0.125 nor more than $0.25 per bushel. Emergency rules or regulations may be adopted where immediate danger exists to the resource or industry.
The surf clam license fee shall be fixed pursuant to rule or regulation in an amount not less than $600 or more than $1,000 per license issued to an individual or entity legally domiciled or incorporated in New Jersey. The surf clam bait license fee shall be fixed pursuant to rule or regulation in an amount not less than $100 or more than $200.
L.1950, c.310, s.3; amended 1975, c.398, s.3; 1991, c.79, s.3; 2007, c.338, s.32.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-7 - Culling immediately after emptying tongs or dredges.

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 above what is known as the southwest line in Delaware Bay, except in that area known as Section "E" as defined in R.S.50:1-23, or from any natural oyster bed or ground, shell bed or reef, where oysters naturally spawn and grow under the tidal waters of the State, shall be culled as soon as they are emptied out of the tongs or dredges on the culling board, conveyor, culling device, or deck of the boat or vessel employed for the purpose, and before they are shoveled back from the culling board or portion of the deck used for emptying the tongs or dredges.
Amended 1979, c.199, s.33; 1981, c.62, s.2; 2007, c.338, s.33.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-7.1 - Rules, regulations.

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 regarding the use of leased bottom, including the removal of shell.
L.2007, c.338, s.34.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-8 - Percentage of shells; throwing back culled material.

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 or vessel, after having been shoveled back from the culling board, conveyor, culling device or that part of the boat or vessel used for emptying the tongs and dredges, shall not contain more than 15% of shells and other material.
All shells and other material, except oysters and clams, shall be immediately thrown back upon the beds or grounds from which they were taken.
Amended 1979, c.199, s.34; 2007, c.338, s.35.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-9 - Revocation of licenses on refusal to permit examination.

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 license, is hailed or signaled by any officer or other representative of the department and refuses to stop and permit the officers or representatives to board the boat, vessel or other craft and examine the oysters, oyster shells and other material thereon or if having permitted the officers or representatives to board, and a violation of R.S.50:2-7 or R.S.50:2-8 having been found, refuses to comply with an order to recull the oysters and oyster shells or immediately throw them upon the beds or grounds from which they were taken, the commissioner, in addition to the penalties provided in section 73 of P.L.1979, c.199 (C.23:2B-14), may revoke the license of the boat or vessel and the license of the tonger and the department may seize and secure the boat, vessel and equipment. The commissioner shall immediately thereafter give notice thereof to the Superior Court which shall summarily hear and determine whether there was a violation of this section, and if it does so determine, it may direct the confiscation and forfeiture of the vessel, boat and equipment for the use of the department. The commissioner may dispose of the confiscated and forfeited property at the commissioner's discretion.
Amended 1979, c.199, s.35; 1980, c.120, s.3; 1991, c.91, s.475; 2007, c.338, s.36.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-10 - Taking shellfish with power boat.

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 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.
Amended 1945, c.38, s.1; 1971, c.185, s.1; 2007, c.338, s.37.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-10.1 - Taking clams with power boats; permits.

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 other mechanical motive power, or any motor driven apparatus, for the purpose of catching or taking of clams from any of the waters of this State, whereby the soil or bottom on or in which the clams are found is agitated or disturbed by the propeller wheel or wheels of the boat or vessel or by any other motor or mechanically driven apparatus thereon for the purpose of catching or taking clams as aforesaid, except by permit issued by the department with the approval of the council for taking clams from the waters of the Delaware Bay.
Amended 1979, c.199, s.36; 2007, c.338, s.38.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-11 - Taking shellfish after sunset, before sunrise or on Sunday; prohibited, limited exceptions for Sunday.

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, 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). 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 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.
Amended 1973, c.352; 1975, c.398, s.5; 1979, c.199, s.37; 2007, c.338, s.39; 2023, c.137, s.1.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-11.1 - Shellfish aquaculturist, structural aquaculture, shellfish collecting, catching on Sunday restriction, exempted, conditions, certain; definitions.

50:2-11.1 Shellfish aquaculturist, structural aquaculture, shellfish collecting, catching on Sunday restriction, exempted, conditions, certain; definitions.
2. a. A shellfish aquaculturist who engages in structural aquaculture shall be exempt from the restriction on the collecting and catching of shellfish on Sunday, established pursuant to R.S.50:2-11, provided that the taking of shellfish 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, as part of a structural aquaculture operation, in accordance with all applicable rules and regulations pertaining to the harvest of shellfish, 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:
"Commercial purposes" means that the taking of shellfish is done for the purposes of commercial sale and not for other purposes, such as trade, barter, or personal consumption.
"Shellfish aquaculturist" means a person or entity that holds a valid commercial shellfish aquaculture permit and is directly engaged in shellfish aquaculture, which is a commercial activity that includes the breeding, raising, harvesting, stocking, feeding, transplanting, and protecting of shellfish, and the subsequent marketing, processing, and packaging of shellfish in controlled environments for commercial purposes.
"Structural aquaculture" means a type of shellfish aquaculture pursuant to which a shellfish aquaculturist uses one or more structures or structural systems to containerize shellfish, including, but not limited to, rack and bag structure systems, bottom cage systems, suspended or floating structure systems, or floating upweller or other nursery structure systems, to facilitate or manipulate the growth, appearance, or marketability of oysters or other shellfish being cultured for commercial purposes.
L.2023, c.137, s.2.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-12 - Sale, transport, etc. certain shellfish out-of-State prohibited; exceptions.

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 of the unleased shellfish beds or grounds under the tidal waters of this State shall not be sold, purchased, transported, or taken out of this State, except for shellfish seed produced under an aquatic farmer license in a hatchery or on leased bottom using aquaculture methods approved by the commissioner.
Amended 1979, c.199, s.38; 2007, c.338, s.40.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:2-18 - Adoption of rules, regulations relative to cultivation of certain shellfish.

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 rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to allow, under conditions deemed appropriate by the department, the cultivation of commercial shellfish species for research, educational, or restoration purposes in coastal and inner harbor waters classified as contaminated.
b. Within one year after adoption of the rules and regulations required pursuant to subsection a. of this section, the department shall review and revise them to provide improved and expanded research and restoration opportunities throughout the State based on comments received by the department from a community engagement process. The community engagement process shall include at least one public hearing, a public comment period, and consultations with organizations pursuing shellfish-related activities.
L.2015, c.237, s.1.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:3-1 - Necessity for license and issuance thereof.

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 their tributaries in this State, without a license for that purpose issued by the commissioner.
Amended 1979, c.199, s.39; 2007, c.338, s.42.
2023 New Jersey Revised Statutes › Title 50 - Shellfisheries - Powers and Duties of Department, Shellfisheries Council, Leasing, and Planting › Section 50:3-2 - License, fee, issuance, disposition of fees.

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 less than $10, or less than $2 per gross ton of the boat or vessel, whichever is greater, for boats or vessels required to be licensed under R.S.50:3-1.
No license shall be issued for a period longer than one year.
All licenses shall be numbered and recorded by the commissioner.
All fees for licenses collected pursuant to this section 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.
Amended 1979, c.199, s.40; 1996, c.112, s.3; 2007, c.338, s.43.