N.J. Stat. tit. 23, ch. 2B

in effect

N.J. Stat. § 23:2B-1 Short title

This act shall be known and may be cited as the "Marine Fisheries Management and Commercial Fisheries Act." L.1979, c. 199, s. 1, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-2 Legislative findings; state policy

a. The Legislature hereby finds that: (1) The fisheries resources of the State make a material contribution to our economy and food supply, as well as to the health, recreation, and well-being of our citizens; and, (2) The fisheries resources of the State are a living, renewable form of wealth capable of being maintained and greatly increased with proper management, but equally capable of destruction if neglected or unwisely exploited. b. It is hereby declared to be the policy of this State to: (1) Provide an organizational framework that will permit the State to manage more effectively its fisheries resources with the following objectives: (a) The conservation of fisheries resources and their habitat to promote their continued productivity; (b) The maintenance and enhancement of fisheries resources to support a recreational use where a species is the object of recreational fishing; (c) The maintenance and enhancement of fisheries resources to support a commercial use where a species is the object of commercial fishing; (d) The management, on a basis of scientific information, of the fisheries resources under the State's jurisdiction, and the participation in the management of other fisheries in which New Jersey fishermen are engaged, with the objective of optimum yield; (2) Develop an active and modern commercial fisheries fleet, docks, freezing, processing and marketing facilities; (3) Encourage citizen participation through advisory councils and otherwise, since decisions concerning the distribution and allocation of fisheries resources have important consequences for all citizens of this State; and, (4) Provide for conservation and management measures involving a reciprocal and cooperative relationship among States and between States and the Federal Government, and between States and the fisheries management councils established pursuant to the "Federal Fisheries Conservation and Management Act of 1976" (16 USC s.s. 1801 to 1882), since many species of fisheries resources travel across state and state-federal boundaries; (5) Develop a viable aquaculture industry in the State, utilizing existing Federal and other programs where appropriate, and necessary supportive infrastructure. L.1979, c. 199, s. 2, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-3 Definitions

As used in this act: a. "Aquaculture" means the propagation and rearing of aquatic species in controlled or selected environments; b. "Commissioner" means the Commissioner of Environmental Protection; c. "Council" means the Marine Fisheries Council created pursuant to this act, except in those sections of this act amending sections of Title 50 of the Revised Statutes; d. "Department" means the Department of Environmental Protection; e. "Fish" means any marine or anadromous animal or plant, or part thereof, excepting mammals and birds; f. "Fisheries management plans" means plans to prevent overfishing, achieve optimal yield from each fishery on a continuing basis, which are based on the best scientific information available, are in accordance with management plans promulgated pursuant to the Fisheries Conservation and Management Act of 1976 and any appropriate interstate programs, provide for the management of stock as a unit throughout their range, and allow for flexibility management; provided, however, that such plans, where practicable and feasible, give preference to the interests and concerns of fishermen in this State; g. "Marine waters" means all the salt waters of this State, and none of the fresh waters of this State as defined in R.S. 23:1-2. Specifically it includes the waters of the Atlantic ocean, and all bays, inlets and estuarine waters located below the mouth of any fresh water river, stream or creek; h. "Optimum yield" means the amount of fish from a fishery which will provide the greatest overall benefit to the State, with particular reference to food production and recreational opportunities, and the amount of fish which is prescribed as such on the basis of the maximum sustainable yield from such fishery as modified by any relevant economic, social or ecological factor; i. "Processing" means handling, storing, freezing, preparing, preserving, packing, transporting, holding, or selling fish or fish products; j. "Taking" means to catch, net, capture, possess, or collect any fish or to attempt to engage in any such conduct; k. "Fishery" means one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational and economic characteristics and any fishing for such stocks. L.1979, c. 199, s. 3, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-4 Marine Fisheries Council.

4. There is hereby created in the department a Marine Fisheries Council, which shall consist of 11 members, nine of whom shall be appointed by the Governor, with the advice and consent of the Senate, of whom four shall represent and be knowledgeable of the interests of sports fishermen, two shall be active commercial fin fishermen, one shall be an active fish processor, and two shall represent the general public; the other two members shall be the chairmen of the two sections of the Shellfisheries Council. Of the nine members first to be appointed by the Governor, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Thereafter, all appointments shall be made for terms of three years. All appointed members shall serve after the expiration of their terms until their respective successors are appointed and shall qualify, and any vacancy occurring in the appointed membership of the council, by expiration of term or otherwise, shall be filled in the same manner as the original appointment for the unexpired term only, notwithstanding that the previous incumbent may have held over and continued in office as aforesaid. The Governor may remove any member of the council for cause upon notice and opportunity to be heard. Members of the council shall serve without compensation, but shall be reimbursed for expenses actually incurred in attending meetings of the council and in the performance of their duties as members thereof. The Governor shall appoint a chairman, from the citizen members of the council, who shall serve at the Governor's pleasure. Six members of the council shall constitute a quorum to transact its business. L.1979, c.199, s.4; amended 2007, c.338, s.2.

N.J. Stat. § 23:2B-5 Powers and duties of council

The Marine Fisheries Council shall: a. Contribute to the preparation and revision of fisheries management plans; b. Be empowered to disapprove, within 60 days of the proposal thereof and the submittal thereto, any rule or regulation or any amendment thereto proposed by the commissioner pursuant to this act except for any rule or regulation adopted pursuant to subsection (c) of section 4 of the "Administrative Procedure Act," (C. 52:14B-4); c. Advise the commissioner on policies of the department and in the planning, development, and implementation of all departmental programs related to this act; d. Examine, consider and make recommendations in any matters pertaining to the conservation and management of fisheries resources throughout the State; e. From time to time submit to the commissioner any recommendation for new rules and regulations or revision to existing rules and regulations which it deems necessary for the proper operation of an effective marine fisheries program; f. Hold periodic public hearings in regard to current issues affecting the operation of the marine fisheries program; g. Recommend the convening of species related citizen panels where appropriate; h. Study and analyze economic, social and ecological data relating to the operation of the marine fisheries program. L.1979, c. 199, s. 5, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-6 Preparation of fisheries management plans; rules and regulations

The commissioner shall prepare fisheries management plans for each major fishery in the State, with the advice and assistance of the council, and if deemed necessary, advisory species related citizen panels. The citizen panels shall be composed of persons appointed by the commissioner. They shall review suggested management plans and any rules and regulations implementing said plans. Such management plans shall be coordinated with and take into consideration the appropriate Federal, Federal-State, regional management council and interstate programs. The commissioner, subject to the disapproval of the council as hereinbefore provided, shall prepare and promulgate and may amend and repeal rules and regulations to carry out the intent of this act and to implement the provisions of the fisheries management plans. Any such rules and regulations shall be promulgated in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.). Such rules and regulations may: a. Prohibit, limit, condition, require or establish the use of specified types of fishing gear; the size, number and quantity of specific species that may be taken; the areas to be opened or closed to their taking, the time and manner of their taking; and may prescribe such other limitations, conditions, requirements, or restrictions as is necessary and appropriate to the policy and purposes of this act; b. Establish and develop fisheries management areas and prescribe rules governing the use of such areas; The commissioner may not regulate, pursuant to this section, any species in any body of water which is regulated pursuant to Title 50 of the Revised Statutes. L.1979, c. 199, s. 6, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-7 Powers and duties of commissioner

The commissioner shall have the following powers and duties: a. Administer and enforce the laws, rules and regulations relating to fisheries resources; b. Appoint the chief administrative officer of the marine fisheries program and all other necessary employees, including enforcement personnel, within the limits of available revenues; c. Develop and implement a program for the management of fisheries resources, including such species related management plans as may be appropriate; d. Acquire by gift or purchase and hold real property in the name of the State, or any right or interest therein, including, but not limited to, easements or rights of access; e. Accept for the State any Federal funds apportioned under Federal law related to authorized programs of the department and to do such acts as are necessary for the purpose of carrying out such Federal laws; and to accept from any other agency or government, individual, group, or corporation, such funds, gifts, or devises as may be available to carry out the purposes of this act; f. Make periodic reports to the Governor and the Legislature, including therein such recommendations for changes and amendments in existing law and licensing procedures as are warranted by investigations and research; g. Conduct or sponsor a program or programs for research and development of fisheries resources of the State, in cooperation, where appropriate, with Rutgers, The State University, the Marine Sciences Consortium, and other responsible research or academic agencies, which programs shall include, but not be limited to biological, chemical, technological, hydrological, processing, marketing, financial, economic, and promotional research and development. The department may carry out such a program or programs in cooperation with other State agencies, Federal, regional, and local governmental entities, or with private institutions or persons; h. Establish programs for public education concerning the conservation, utilization, development, and enhancement of fisheries resources; i. Acquire, introduce, and propagate marine fish species in such manner as will carry out the fisheries resources management programs; j. To coordinate and integrate the marine fisheries program established herein with the activities of all other State agencies which affect fisheries resources, and access thereto including but not limited to, freshwater fisheries, coastal zone management, water pollution control and marine law enforcement; and, k. To encourage every agency which operates a bridge or road over any of the marine waters of this State to construct a fishing platform on each such bridge. L.1979, c. 199, s. 7, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-8 Management of shared fisheries resources; cooperation to develop integrated management plans; reciprocal agreements with other jurisdictions

In the management of fisheries resources which are shared by the State of New Jersey with other states or with other states and the Federal Government, the commissioner shall cooperate with the appropriate agencies of said states, the Federal Government and the regional fisheries management councils established under the Federal Fisheries Conservation and Management Act of 1976, and any appropriate interstate programs to develop integrated management plans for such shared resources. The commissioner is empowered to make the following reciprocal agreements with other jurisdictions: a. Rules and regulations with respect to fishing in boundary waters after consultation with the appropriate body in the neighboring states; b. A procedure whereby valid fishing license issued by the parties to the reciprocal agreements may be used by their licensees within the jurisdiction of either in accordance with the terms of such agreements; c. Any individual from a state who has the responsibility of enforcing that state's marine fisheries laws may pursue any person found fishing in the coastal waters of such state in violation of the marine fisheries laws thereof onto adjacent waters of this State and there arrest him and return him to the state where the violation occurred for the purpose of prosecuting him for such violation; provided, that such other state shall have enacted legislation giving substantially similar authority to individuals in this State who have responsibility for enforcing the marine fisheries laws of this State relative to persons found fishing in the coastal waters of this State in violation of the marine fishing laws thereof. L.1979, c. 199, s. 8, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-9 Disclosure of information by persons taking fisheries resources; records, books or accounts; audits

a. The commissioner may by regulation require that every person, who takes fisheries resources, provide information on the species, number, weight, and any other information pertinent to management of the resources taken in a manner prescribed and on forms supplied by the department. b. Every person engaged in the commercial buying, packing, storing, wholesaling, marketing, or processing of any fisheries resources within the State shall keep accurate records, books or accounts showing the species, quantity, and source of fisheries resources. c. Every record, book, or account referred to in subsection b. shall be open for inspection by the department at reasonable hours. d. The department may audit the records, books, or accounts of any person referred to in subsection b., and of anyone who takes fisheries resources and ships directly to market in order to determine the quantity of resources taken and other information pertinent to management. e. The records obtained by the department, and the information contained therein, shall except as otherwise provided in this section, be confidential, and the records shall not be public records and insofar as possible, the information contained in the records shall be compiled or published in such a manner so as not to disclose the business record of any person. f. The information in the above records can be provided to other states, Federal agencies and regional fisheries agencies provided that those entities have similar confidentiality provisions that do not disclose the business record of any person. L.1979, c. 199, s. 9, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-10 Aquaculture task force; commercial fisheries development task force; members; duties; report

For a period of 2 years from the effective date of this act the Commissioner of Labor and Industry, the Commissioner of Environmental Protection, the Secretary of Agriculture, the Executive Director of the Economic Development Authority and the Director of the Division of Fish, Game and Wildlife shall serve on an Aquaculture Task Force to be chaired by the Secretary of Agriculture and a Commercial Fisheries Development Task Force to be chaired by the Commissioner of Environmental Protection. The task forces shall be assigned to the Governor's office and shall promote the development of aquaculture, of the commercial fisheries industry, and of the commercial aspects of fish products. The task forces shall, to the extent practicable, encourage the growth and expansion of piers and docks, processing and storage facilities, fishing equipment and vessels and marketing facilities and the development of aquaculture, personnel training programs, research, or any other procedures designed to stimulate, expand and promote the commercial fisheries industry and the commercial aspects of recreational fishing and the development of processing and marketing facilities for fish and fish products. The task forces shall define the roles of the various concerned State agencies in carrying out a permanent program to promote the development of an aquaculture program and of a commercial fisheries industry. The task forces shall report to the Governor and Legislature on their findings and conclusions, and shall recommend whatever legislative changes are necessary for a permanent program prior to the termination of the 2-year period. L.1979, c. 199, s. 10, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-11 Interference or damage to devices used to take fish

No person shall, willfully and without reasonable cause, interfere with, break, damage or destroy any net, trap, seine, fyke pot or any other device used to take fish, which is being utilized in a lawfully authorized manner. L.1979, c. 199, s. 12, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-12 Enforcement of marine management statutes, rules and regulations; duties and training of marine police; reports

The marine police shall devote a sufficient number of hours and sufficient resources to the enforcement of the marine management statutes and rules and regulations promulgated pursuant thereto to assure compliance therewith. The chief administrative officer of the marine fisheries program and of the marine police shall jointly work out an effective marine fisheries enforcement program. The two chief administrative officers shall periodically report to the Marine Fisheries Council on enforcement activities, whether completed, underway or contemplated. Each marine policeman shall be trained for a minimum of one full work week on marine resources management procedures during his first year on the job and for a minimum of one working day every year thereafter. L.1979, c. 199, s. 13, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-13 Review of previously adopted rules and regulations.

63. Within one year after the effective date of P.L.1979, c.199 (C.23:2B-1 et al.), the commissioner shall review all rules and regulations previously adopted pursuant to the provisions of Title 50 of the Revised Statutes for conformance to the revisions to that Title contained herein and shall, after consultation with the Shellfisheries Council, amend or repeal any rules and regulations which are not in conformance herewith. L.1979, c.199, s.63; amended 2007, c.338, s.3.

N.J. Stat. § 23:2B-14 "Act" defined, penalties; enforcement.

73. For purposes of this section, the "act" means and includes all the new sections and amended sections contained herein, all the remaining sections of Title 50 of the Revised Statutes, sections 23:3-41, 23:3-46, 23:3-47, 23:3-48, 23:3-51, 23:3-52, 23:5-9, 23:5-16, 23:9-114, 23:9-115 and 23:9-120 of Title 23 of the Revised Statutes, sections 1, 2, and 3 of P.L.1941, c.211 (C.23:5-24.1 to 23:5-24.3), sections 4 through 17 of P.L.2013, c.74 (C.23:3-51.2 through C.23:3-51.15), and section 12 of P.L.2014, c.57 (C.23:3-51.16). The commissioner may utilize any or all of the following remedies for any violation of this act: a. (1) A person who violates the provisions of this act or of any rule, regulation, license or permit adopted or issued pursuant to this act shall be liable to a penalty of not less than $300 or more than $3,000 for the first offense and not less than $500 or more than $5,000 for any subsequent offense, unless the commissioner has established an alternate penalty for a specific offense pursuant to paragraph (2) of this subsection. (2) The Commissioner of Environmental Protection, with the approval of the Marine Fisheries Council, may, by regulation, establish a penalty schedule for any specific violation of this act or of any rule or regulation adopted pursuant to this act. No such penalty may be less than $30 or more than $100 for the first offense or less than $50 or more than $200 for any subsequent offense. Any penalty provided for by this act or by the fee schedule adopted by the commissioner shall be collected in a civil action by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court or any municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999." If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. b. (1) A person who violates the provisions of this act or any rule or regulation or any license or permit adopted or issued pursuant to this act shall be liable to the revocation or suspension of any license or permit held by the violator pursuant to this act for such period of time as the court may choose, except when the rule or regulation violated includes a mandatory revocation or suspension schedule in which case that schedule shall determine the period of time of the revocation or suspension. (2) In the case of a person who knowingly violates the provisions of R.S.50:2-11,R.S.50:3-13, R.S.50:4-2, or R.S.50:4-3, or any rule or regulation or any license or permit adopted or issued pursuant thereto, the violator shall be subject to a mandatory revocation or suspension of the license or permit or privilege for the taking of oysters, clams or other shellfish held by the violator, or in the case of a violator without the necessary license or permit the loss of the privilege to take oysters, clams or other shellfish, for a period of three years for a first offense, five years for a second offense, and 10 years for the third and any subsequent offense. For purposes of this paragraph, a knowing violator shall include, but need not be limited to: (a) a person who is the holder of a commercial shellfish license or permit; (b) a person who is the holder of a recreational shellfish license or permit who is in possession of more than the daily recreational shellfish limit; (c) a person without any shellfish license or permit who is in possession of more than the daily recreational shellfish limit; (d) a person who is the holder of a recreational shellfish license or permit who is engaging in shellfish activities with the holder of a commercial shellfish license or permit; or (e) a person without the necessary shellfish license or permit who is engaging in shellfish activities with the holder of a commercial shellfish license or permit. c. If a person violates any of the provisions of this act, or any rule or regulation or any license or permit adopted or issued pursuant to this act, the department may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent the violation or violations and the court may proceed in the action in a summary manner. The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances. d. In addition to the penalties prescribed by this section, a person who violates the provisions of R.S.50:2-11, R.S.50:3-13, R.S.50:4-2, or R.S.50:4-3, or any rule or regulation or any license or permit adopted or issued pursuant thereto, shall be subject to the forfeiture of any vessel, vehicle, or equipment used in the commission of the violation. A designated conservation police officer of the Department of Environmental Protection, a member of the State Police, or any other law enforcement officer may seize and secure any vessel, vehicle, or equipment used in the commission of such a violation. Upon the seizure of the vessel, vehicle, or equipment, the conservation police officer, member of the State Police, or other law enforcement officer shall immediately thereafter institute a civil action to determine if the forfeiture is warranted in the court in which the penalty action was filed pursuant to this section, which court shall have jurisdiction to adjudicate the forfeiture action. The owner or any person having a security interest in the vessel, vehicle, or equipment may secure its release by depositing with the clerk of the court in which the action is pending a bond with good and sufficient sureties in an amount to be fixed by the court, conditioned upon the return of the vessel, vehicle, or equipment to the Department of Environmental Protection upon demand after completion of the court proceeding. The court may proceed in a summary manner and may direct the confiscation of the vessel, vehicle, or equipment by the department for its use or for disposal by sale or public auction. Moneys collected by the department through the sale or public auction of the vessel, vehicle, or equipment shall be used by the Division of Fish and Wildlife for the enforcement of the provisions of this act. L.1979, c.199, s.73; amended 1983, c.219, s.1; 1991, c.91, s.279; 2003, c.8, s.1; 2013, c.74, s.1; 2014, c.57, s.1; 2019, c.407, s.7.

N.J. Stat. § 23:2B-15 Division of fish, game and wildlife; fish and game council; continuance of functions, powers and duties

a. The Division of Fish, Game and Shellfisheries is continued and constituted as the Division of Fish, Game and Wildlife in the Department of Environmental Protection. Except as otherwise provided by this act, all the functions, powers and duties of the existing Division of Fish, Game and Shellfisheries, and the director, thereof, are continued in the Division of Fish, Game and Wildlife and the director thereof, and whenever the term "Division of Fish, Game and Shellfisheries" occurs or any reference is made thereto in any law, contract or document, the same shall be deemed or mean to refer to the Division of Fish, Game and Wildlife. b. The Fish and Game Council, together with all its functions, powers and duties, is continued as the Fish and Game Council in the Division of Fish, Game and Wildlife in the Department of Environmental Protection. L.1979, c. 199, s. 74, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-15.1 Division of Fish and Wildlife constituted.

2. a. The Division of Fish, Game and Wildlife is continued and constituted as the Division of Fish and Wildlife in the Department of Environmental Protection. All the functions, powers, and duties of the existing Division of Fish, Game and Wildlife and the director thereof are continued in the Division of Fish and Wildlife and the director thereof, and whenever the term "Division of Fish, Game and Wildlife" occurs or any reference is made thereto in any law, contract, or document, it shall be deemed or mean to refer to the Division of Fish and Wildlife. b. The Fish and Game Council, together with all its functions, powers and duties, is continued as the Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection. L.1999,c.282,s.2.

N.J. Stat. § 23:2B-16 Severability; liberal construction

If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. This act shall be liberally construed to effectuate the purpose and intent thereof. L.1979, c. 199, s. 75, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-17 Pending actions or proceedings; preexisting orders, rules and regulations

This act shall not affect, impair or invalidate any action or proceeding, civil or criminal, brought by or against the department, pending on the effective date of this act, and all such actions or proceedings may and shall be continued to final judgment, decree or decision, as if the foregoing provisions had not taken effect; nor shall this act affect orders, rules and regulations heretofore made, promulgated or issued by the department or other matters or proceedings pending before the department on the effective date of this act. Such orders, rules, regulations, matters or proceedings shall continue in full force and effect until amended or repealed pursuant to law. L.1979, c. 199, s. 76, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-18 Saltwater recreational anglers license

Nothing in this act shall authorize the imposition of a saltwater recreational anglers license on any person. L.1979, c. 199, s. 82, eff. Sept. 19, 1979.

N.J. Stat. § 23:2B-19 Taking, processing of fish on certain vessels in marine waters prohibited.

1. No person may take or process fish while on a vessel greater than 165 feet in length while in marine waters. For the purpose of this section, "process" means to clean and freeze, can, or otherwise process and package fish for sale. L.2006,c.18,s.1.

N.J. Stat. § 23:2B-20 Findings, declarations, determinations relative to horseshoe crab and shorebird conservation.

1. The Legislature finds and declares that each spring more than a million shorebirds of six species, including the red knot, ruddy turnstone, sanderling, semipalmated sandpiper, short-billed dowitcher, and dunlin, stop at Delaware Bay beaches and feed upon horseshoe crab eggs; that the red knot was once considered one of New Jersey's most abundant shorebirds; that this critical food source of horseshoe crab eggs consumed during the stopover of the red knot in New Jersey and Delaware is needed for the birds to gain sufficient weight to continue their migration north to breeding grounds in the Canadian Arctic, survive until food becomes available, and successfully reproduce ; that surveys have shown that red knots migrating through the bay region have declined by more than 75 percent since 2000; and that state and international biologists fear that the red knot will become extinct as soon as 2010. The Legislature further finds and declares that the numbers of shorebirds other than the red knots that feed on horseshoe crab eggs on the Delaware Bay have declined by a highly significant 64 percent during the period of 1998 through 2007. The Legislature further finds and declares that shorebird populations have continued to decline, despite the fact that over the past two decades more than $3 million in public funds have been spent on the protection and restoration of shorebird populations and their habitats on New Jersey's Delaware Bay shore. The Legislature therefore determines that a moratorium on the harvest, landing and possession of horseshoe crabs is critical to ensure that more horseshoe crab eggs will be available as a food source, thus increasing the likelihood of survival of these shorebirds. L.2008, c.1, s.1.

N.J. Stat. § 23:2B-21 Moratorium on taking of horseshoe crabs, exceptions; shorebird management plan.

2. a. Except as provided pursuant to subsection b. or c. of this section, there shall be a moratorium on the taking in the State of horseshoe crabs or the eggs of horseshoe crabs, on the landing in the State of such crabs or the eggs of horseshoe crabs taken from outside of the State, and on the possession of horseshoe crabs or the eggs of horseshoe crabs regardless of their origin, until such time as: (1) the recovery targets for the population of the red knot shorebird, identified pursuant to the United States Fish and Wildlife Service 2007 status assessment, entitled "Status of the Red Knot (Calidris canutus rufa) in the Western Hemisphere," are met ; and (2) a shorebird management plan, which, based upon scientific study and evidence, demonstrates to the satisfaction of the Department of Environmental Protection that a more than adequate food supply from horseshoe crab eggs for shorebirds and population viability for both shorebirds and horseshoe crabs exist. The plan shall be subject to public comment and to review and approval by a peer-review panel which shall include qualified shorebird and horseshoe crab ecologists, and the Endangered and Nongame Species Advisory Committee created pursuant to subsection e. of section 7 of P.L.1973, c.309 (C.23:2A-7). The plan must indicate that the shorebirds species including the red knot rufa subspecies have fully recovered, pursuant to the United States Fish and Wildlife Service recovery targets, before the reestablishment of a limited harvest season may be considered. b. Notwithstanding the provisions of this section to the contrary, the Department of Environmental Protection may issue a permit for: (1) the taking, landing and possession of horseshoe crabs or the eggs of horseshoe crabs for scientific or educational purposes only, provided that the department determines that the collection of the horseshoe crabs or the eggs of horseshoe crabs for these purposes will not cause harm to the red knot, other shorebirds, or horseshoe crab populations; or (2) the collection of blood from horseshoe crabs for biomedical purposes, provided that the horseshoe crabs are released otherwise unharmed to the same waters from which they were collected. c. The moratorium established in subsection a. of this section shall not apply to the possession and use of horseshoe crabs harvested outside of the State, provided that the person found in possession of, or using, the horseshoe crabs has documentation which shows that the horseshoe crabs were not harvested in New Jersey. The documentation shall include a receipt or bill of lading that provides: (1) the name, address, and phone number of the person or company that provided the horseshoe crabs; (2) the permit or license number of the person or company named pursuant to paragraph (1) of this subsection; and (3) the state and, if possible, the location, where the horseshoe crabs were harvested. d. Any person possessing or using horseshoe crabs in violation of this section shall be liable to a penalty of $10,000 for the first offense, and $25,000 for the second and subsequent offenses, in addition to any applicable penalties prescribed pursuant to subsections b. through d. of section 73 of P.L.1979, c.199 (C.23:2B-14). L.2008, c.1, s.2.

N.J. Stat. § 23:2B-22 Registry program for saltwater recreational anglers; violations, penalties.

1. a. The commissioner, in consultation with the Marine Fisheries Council, shall establish and implement a registry program for saltwater recreational anglers, which program shall provide for: (1) the registration, including the name, date of birth, address, telephone number, and other identification and contact information determined to be necessary by the department pursuant to federal requirements, of individuals who engage in recreational fishing: (a) in the Exclusive Economic Zone; (b) for anadromous species; (c) for Continental Shelf fishery resources beyond the Exclusive Economic Zone; or (d) in the tidal waters of the State; and (2) the registration, including the ownership, operator, and identification of the vessel, or vessels used in such fishing. b. (1) The registry program established pursuant to this section shall be fully consistent with the registry program to be established pursuant to section 201 of Title II of the "Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006," Pub.L.109-479 (16 U.S.C. s.1881). (2) Upon establishment of the registry program pursuant to this section, the commissioner shall apply to the Secretary of the United States Department of Commerce to obtain State exemption from federal registry program requirements. c. The department shall not charge a fee for the registration required pursuant to this section. d. A person who is under 16 years of age or a customer fishing from a state-licensed or federally permitted for-hire vessel shall not be required to register pursuant to this section. e. Any person who is required to register pursuant to paragraph (1) of subsection a. of this section, and who fails to register in accordance with established registry program requirements, shall be subject to a fine of $25 for the first offense and $50 for any subsequent offense. An owner or operator of a state-licensed or federally permitted for-hire vessel who is required to register pursuant to paragraph (2) of subsection a. of this section and who fails to register in accordance with the established registry program requirements shall be subject to a fine of $100 for the first offense and $200 for any subsequent offense. Any penalty imposed pursuant to this subsection shall be collected in the manner specified in paragraph (2) of subsection a. of section 73 of P.L.1979, c.199 (C.23:2B-14). However, no other provisions of section 73 of P.L.1979, c.199 (C.23:2B-14) shall be applicable in the event that a person fails to comply with the requirements established under this section. f. In order to facilitate and promote increased awareness of, or compliance with, registry program requirements, the department shall: (1) post information about the registry program and its requirements in a conspicuous place on the department's Internet website; and (2) develop and disseminate informational materials, including, but not limited to, pamphlets and posters, which identify the program's requirements, any relevant compliance deadlines, the available methods for attaining compliance, the penalties for non-compliance, and any other relevant program details. In disseminating the materials developed pursuant to this subsection, the department shall provide informational pamphlets or other appropriate materials to the State's conservation police officers, for distribution to individuals engaged in recreational fishing activities; and it shall provide informational posters, signs, pamphlets, and other appropriate materials to the State's bait and tackle shops, for display therein, and for distribution to bait and tackle consumers. g. Any non-resident of New Jersey who is engaged in recreational fishing activities in this State shall be exempt from compliance with the State's registry program requirements if the person is registered under another state's registry program and the state in which the person is registered provides reciprocal exemption from its own registration requirements for persons who are registered under this State's registry program. L.2011, c.23, s.1; amended 2011, c.159; 2019, c.407, s.8.

N.J. Stat. § 23:2B-23 Prohibition on sale, possession of shark fins; exceptions; violations, penalties.

1. a. No person shall: (1) sell, trade, or distribute, or offer for sale any shark fin; or (2) possess any shark fin that has been separated from a shark prior to its lawful landing. The burden of proof shall be on the person in possession of the shark fin to demonstrate that it was not separated from the shark prior to its lawful landing. b. (1) The provisions of subsection a. of this section shall not apply to: (a) any lawfully-obtained shark fin possessed, sold, traded, distributed, or offered for sale for scientific research or educational purposes; or (b) any lawfully-obtained smooth dogfish or spiny dogfish fin. (2) A commercial or recreational fisherman may possess shark fins from sharks that they have lawfully-obtained in a manner consistent with licenses or permits issued to the commercial or recreational fisherman. c. (1) Whenever, on the basis of available information, the Commissioner of Environmental Protection finds that a person is in violation of the provisions of subsection a. of this section, or of any rule or regulation adopted pursuant thereto, the commissioner: (a) shall levy a civil administrative penalty in accordance with subsection d. of this section; and (b) upon a person's third or subsequent violation of the provisions of subsection a. of this section, may petition the Attorney General to bring a criminal action in accordance with subsection e. of this section. (2) A violation of the provisions of subsection a. of this section by a person or business holding a license or permit issued to a commercial or recreational fisherman shall result in the suspension or revocation of that license or permit. d. The commissioner is authorized to assess a civil administrative penalty of not less than $5,000 or more than $15,000 for a first offense under this section, not less than $15,000 or more than $35,000 for a second offense, and not less than $35,000 or more than $55,000 for a third or subsequent offense. Each day during which a violation continues shall constitute an additional, separate, and distinct offense. Any amount assessed under this subsection shall fall within a range established by rule or regulation by the commissioner for violations of similar type, seriousness, duration and conduct, and shall be based, in part, on the number or weight of shark fins that are the subject of the violation; provided, however, that prior to the adoption of the rule or regulation, the commissioner may, on a case-by-case basis, assess a civil administrative penalty up to the maximum identified in this subsection, utilizing the criteria set forth herein. In addition to any civil administrative penalty assessed under this subsection, and notwithstanding the maximum penalties set forth herein, the commissioner may assess an additional penalty equal to any economic benefits from the violation gained by the violator. Prior to the assessment of a penalty under this subsection, the person committing the violation shall be notified by certified mail or personal service that the penalty is being assessed. The notice shall identify the section of the statute or regulation violated; recite the facts alleged to constitute a violation; state the basis for the amount of the civil penalties to be assessed; and affirm the rights of the alleged violator to a hearing. The ordered party shall have 35 days from receipt of the notice within which to deliver to the commissioner a written request for a hearing. After the hearing, and upon finding that a violation has occurred, the commissioner may issue a final order assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 35-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. The department may compromise any civil administrative penalty assessed under this section in an amount and with conditions the department determines appropriate. A civil administrative penalty assessed, including any portion thereof required to be paid pursuant to a payment schedule approved by the department, which is not paid within 90 days of the date that the payment of the penalty is due, shall be subject to an interest charge on the amount of the penalty, or portion thereof that remains unpaid, which interest shall accrue as of the date payment is due. If the penalty is contested, no additional interest charge shall accrue on the amount of the penalty until 90 days after the date on which a final order is issued. Interest charges assessed and collectible pursuant to this subsection shall be based on the rate of interest on judgments provided in the New Jersey Rules of Court. e. Any person who has been assessed a civil administrative penalty, on two or more occasions, pursuant to subsection d. of this section shall be guilty, upon conviction for a subsequent violation of subsection a. of this section, of a crime of the fourth degree. Notwithstanding the provisions of paragraph (4) of subsection a. of N.J.S.2C:43-6 to the contrary, a person convicted under this subsection shall be subject to a term of imprisonment of not more than one year. f. In addition to the penalties imposed under subsections d. and e. of this section, a person who violates the provisions of subsection a. of this section shall be liable to the department for the payment of administrative fees and costs and court costs expended in prosecuting the violation, and for the payment of reasonable attorneys' fees. g. (1) Any shark fins possessed, sold, traded, distributed, or offered for sale in violation of the provisions of subsection a. of this section, or of any rule or regulation adopted pursuant thereto, and any vessels, vehicles, equipment, or other property utilized in the commission of a second or subsequent violation of subsection a. of this section, or of any rule or regulation adopted pursuant thereto, may be confiscated, and shall be subject to forfeiture by summary proceeding, instituted by the Commissioner of Environmental Protection in a court of competent jurisdiction. (2) Upon viewing a violation of subsection a. of this section, the department, a conservation officer, or any other law enforcement officer may seize and secure, in accordance with the provisions of paragraph (1) of this subsection, any shark fins, vessels, vehicles, equipment, or other property involved in the violation, and the commissioner shall immediately thereafter give notice of the seizure to the court. (3) In addition to the confiscation procedure identified in paragraph (2) of this subsection, a court may, upon the filing of a verified complaint, issue a warrant directing a conservation officer, or any other law enforcement officer, to: (a) seize, and take into possession, shark fins, vessels, vehicles, equipment, or other property described in the complaint; (b) bring any seized items before the court that issued the warrant; and (c) summon the person named in the warrant, and any other person who may be found in possession of the described items, to appear at the time and place therein specified. (4) If, after a hearing, the court determines that any shark fin seized pursuant to this subsection was possessed, sold, traded, distributed, or offered for sale in violation of the provisions of subsection a. of this section, the shark fin shall be forfeited and, notwithstanding any other law, rule, or regulation to the contrary, shall be disposed of through destruction. If, after a hearing, the court determines that any other items seized pursuant to this subsection were utilized in the commission of a violation of subsection a. of this section, the items shall be forfeited and disposed of through destruction, donation, or sale, as the court may direct, but no such item shall be sold contrary to the provisions of any law, or any rule or regulation adopted pursuant thereto. The proceeds of any sale conducted pursuant to this paragraph, less legal costs and charges, shall be paid into the "Endangered and Nongame Species of Wildlife Conservation Fund," established pursuant to section 1 of P.L.1981, c.170 (C.54A:9-25.2), to be used for the same purposes as other monies in that fund. h. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of this section. i. As used in this section: "Commissioner" means the Commissioner of Environmental Protection. "Department" means the Department of Environmental Protection. "Shark" means any species categorized in the Chondrichthyes taxonomic class (cartilaginous fishes), and belonging to the subclass Elasmobranchii, but shall not include any species in the superorder Batoidea (commonly known as a ray or a skate). "Shark fin" means a raw, dried, or otherwise processed fin or tail that has been separated from the body of any species of shark. L.2019, c.285, s.1.

N.J. Stat. § 23:2B-24 Possession in Excess of Daily Limit Vessel License.

1. a. (1) Any person who intends to possess on a vessel in the waters of the State an amount of black sea bass or summer flounder pursuant to a valid license from another state in excess of the New Jersey daily trip limit, for the purposes of unloading the additional fish in another state, shall apply to the commissioner for a Possession In Excess of Daily Limit Vessel License for a licensed vessel, in accordance with the provisions of this section. The license shall only be valid from September 1 through April 30. The fee for the license shall be $200. (2) From September 1 through April 30, the holder of a Possession In Excess of Daily Limit Vessel License may transit State waters on a vessel with black sea bass or summer flounder taken pursuant to a valid license from another state, and retain them on board while unloading in New Jersey other species of fish legally possessed and permitted to be unloaded in New Jersey, provided that the person and the vessel possess the required permits and licenses for the taking and unloading of the other species of fish on the vessel. b. Upon receipt of an application and payment of the applicable fee, the commissioner may issue to the applicant a Possession In Excess of the Daily Limit Vessel License. A license issued pursuant to this section shall be valid only for the calendar year for which it is issued, and shall be renewed on an annual basis. Any application for a Possession In Excess of Daily Limit Vessel License shall be filed with the commissioner prior to the annual deadline established thereby for application submission. Any application received by the commissioner after the deadline shall be denied. c. The holder of a vessel license issued pursuant to this section shall have the license on board the vessel being used in the taking and possession of black sea bass or summer flounder in excess of the New Jersey daily limit at all times during the use of the vessel for that purpose, as well as the valid licenses and permits for the location where the vessel intends to land the remaining fish possessed on the vessel. d. A person applying for a Possession In Excess of Daily Limit Vessel License shall: (1) hold a valid license or permit for the taking of black sea bass or summer flounder which is required by the State, or a valid license from another state where the license holder shall be unloading black sea bass or summer flounder; and (2) operate a vessel equipped with an operational Global Positioning System based vessel monitoring technology, approved by the National Marine Fisheries Service and the commissioner, which allows the tracking of a vessel's location remotely. e. Any license fees collected pursuant to this section shall be deposited in the "Marine Fisheries Program Support Account," established pursuant to section 2 of P.L.2019, c.477 (C.23:2B-25). f. (1) Any person possessing an amount of black sea bass or summer flounder in excess of the New Jersey daily trip limit on a vessel transiting State waters shall be a holder of a valid Possession In Excess of Daily Limit Vessel License and shall notify the department by phone or, if applicable and offered by the department, by electronic means, prior to entering State waters on the vessel of the species and quantity of fish to be unloaded and the hailing weight and intended destination of each species of fish to be sold outside of the State. (2) The holder of a Possession In Excess of Daily Limit Vessel License shall notify the department by phone or, if applicable and offered by the department, by electronic means, of the species and quantity of fish and time and place of unloading of the vessel in the State at least six hours in advance thereof. The unloading shall occur only between the hours of 6:00 a.m. and 6:00 p.m. After the declared species and quantity of fish is sold to the intended dealer in the State, no other fisheries products may be unloaded from the vessel without the prior approval of the department or until the seven-day period has expired as provided in paragraph (3) of this subsection. (3) The holder of a Possession In Excess of Daily Limit Vessel License that retains black sea bass or summer flounder for further sale in another state after unloading in New Jersey may not land black sea bass or summer flounder again in New Jersey for seven days after the date on which the excess black sea bass or summer flounder is transferred to the buyer of the fish in another state. At the request of a conservation officer, a vessel shall provide records documenting the sale of the excess summer flounder and black sea bass sold to dealers in other states. (4) A vessel that lands pursuant to this section shall unload and sell only the species and quantity of fish indicated in the notice provided to the department. A vessel shall only be permitted to unload its entire indicated catch once and shall not transfer fish to or from any other vessel prior to or after the vessel's one-time unloading. (5) A vessel that lands pursuant to this section during the closed season for any fishery shall not be permitted to unload a closed season fish if the season opens while the vessel is in port. g. Any person who violates the provisions of this section shall be subject to the penalties as provided in section 73 of P.L.1979, c.199 (C.23:2B-14), which may include the suspension or revocation of the Possession in Excess of Daily Limit Vessel License. If a vessel's New Jersey summer flounder or black sea bass license or permit is suspended or revoked, then the Possession In Excess of Daily Limit Vessel License shall also be suspended or revoked for the same period of time. L.2019, c.477, s.1.

N.J. Stat. § 23:2B-25 "Marine Fisheries Program Support Account."

2. a. There is established within the General Fund, a separate, dedicated, and non-lapsing account to be known as the "Marine Fisheries Program Support Account." This account shall be credited with all revenues received from the issuance of Possession In Excess of Daily Limit Vessel Licenses pursuant to section 1 of P.L.2019, c.477 (C.23:2B-24). b. The moneys in the Marine Fisheries Program Support Account shall be allocated to the Division of Fish and Wildlife, Marine Fisheries Administration within the Department of Environmental Protection, and shall be dedicated for the purposes of marine fisheries programs within the department. L.2019, c.477, s.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026