Bill Text: NJ A2928 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires Bureau of Marine Law Enforcement to patrol shellfish beds.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-05-14 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2928 Detail]
Download: New_Jersey-2012-A2928-Introduced.html
Sponsored by:
Assemblywoman CONNIE WAGNER
District 38 (Bergen and Passaic)
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Requires Bureau of Marine Law Enforcement to patrol shellfish beds.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the protection of shellfish resources, and amending P.L.1979, c.199, P.L.1986, c.150, and P.L.1988, c.35.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.1979, c.199 (C.23:2B-12) is amended to read as follows:
13. The [marine police] Bureau of Marine Law Enforcement shall devote a sufficient number of hours and sufficient resources to the enforcement of the marine management and shellfisheries statutes and rules and regulations promulgated pursuant thereto to assure compliance therewith. The chief administrative officer of the marine fisheries program and superintendent of the [marine police] Bureau of Marine Law Enforcement shall jointly work out an effective marine fisheries and shellfisheries enforcement program. The two chief administrative officers shall periodically report to the Marine Fisheries Council , and the Shellfisheries Council as appropriate, on enforcement activities, whether completed, underway or contemplated. Each marine [policeman] law enforcement officer shall be trained for a minimum of one full work week on marine and shellfish resources management procedures during [his] the officer's first year on the job and for a minimum of one working day every year thereafter.
(cf: P.L.1979, c.199, s.13)
2. Section 3 of P.L.1988, c.35 (C.50:2-3.1) is amended to read as follows:
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 and the Bureau of Marine Law Enforcement 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.
(cf: P.L.2007, c.338, s.27)
3. Section 5 of P.L.1986, c.150 (C.53:1-11.14) is amended to read as follows:
5. Marine law enforcement officers within the bureau:
a. Shall have the powers of police officers as the superintendent may prescribe;
b. Shall enforce the laws of this State on the waters of the State and the land areas contiguous thereto;
c. Shall perform related law enforcement duties throughout the State as the superintendent may prescribe;
d. Shall have the power to stop and board a vessel in the waters of the State to determine whether the vessel complies with State and federal boating safety laws and with State and federal marine fisheries and shellfisheries laws and shall have the power to order a vessel that does not comply with these laws to return immediately to shore; [and]
e. Shall have the power, in accordance with applicable State and federal laws, rules and regulations, to take appropriate action as authorized by the United States Coast Guard to assist the United States Coast Guard in the enforcement of any safety and security zone established by the United States Coast Guard Captain of the Port for the Port of New York and New Jersey or the Port of Philadelphia ; and
f. Shall patrol all shellfish harvesting areas and other shellfish beds in State waters to enforce compliance with the standards set forth by the federal government pursuant to the National Shellfish Sanitation Program, and by State law, rule, or regulation .
Nothing in this section shall limit the law enforcement authority of a member of the State Police assigned to the bureau by the superintendent, unless the superintendent shall so prescribe.
(cf: P.L.2004, c.82, s.1)
4. This act shall take effect immediately.
STATEMENT
This bill would require the Bureau of Marine Law Enforcement to patrol waters used for shellfish harvesting, commonly referred to as shellfish beds. Marine law enforcement officers would patrol all shellfish harvesting areas in State waters, and would be required to comply with the standards set forth by the federal government pursuant to the National Shellfish Sanitation Program (NSSP) and any other State law, rule, or regulation.
Currently, the chief administrative officer of the marine fisheries program and of the superintendent of the Bureau of Marine Law Enforcement jointly work out an effective marine fisheries enforcement program and are required to periodically report to the Marine Fisheries Council on enforcement activities, whether completed, underway or contemplated. This bill would also require the chief administrative officer and superintendent to jointly work out an effective shellfisheries enforcement program and periodically report to the Shellfisheries Council as appropriate.
Under existing law, the "Shellfisheries Law Enforcement Fund," funded by shellfish license fees, is allocated to the Division of Fish and Wildlife in the Department of Environmental Protection to enforce the laws necessary for the protection of the shellfish resources of the State, in addition to other enforcement activities. This bill would amend current law to provide that the monies in this fund allocated to the division to protect shellfish resources would be for the division and the Bureau of Marine Law Enforcement.
The NSSP is the federal and state cooperative program recognized by the U.S. Food and Drug Administration (FDA) and the Interstate Shellfish Sanitation Conference (ISSC) for the sanitary control of shellfish produced and sold for human consumption. The purpose of the NSSP is to promote and improve the sanitation of shellfish moving in interstate commerce through federal and state cooperation and uniformity of state shellfish programs. Other components of the NSSP include program guidelines, state growing area classification and dealer certification programs, and FDA evaluation of state program elements.
