Exempts from prohibition on taking of shellfish on Sunday certain shellfish aquaculturalists with commercial shellfish aquaculture permits who use predator screening systems.*

A4047 1R

[First Reprint]

ASSEMBLY, No. 4047

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblyman� CLINTON CALABRESE

District 36 (Bergen and Passaic)

SYNOPSIS

���� Exempts from prohibition on taking of shellfish on
Sunday certain shellfish aquaculturalists with commercial shellfish aquaculture
permits who use predator screening systems.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Agriculture and Natural
Resources Committee on March 9, 2026, with amendments.

��

An Act
concerning
1
[
the
taking of clams, amending R.S.50:2-11, and supplementing Title 50 of the
Revised Statutes
]

structural
aquaculture and amending P.L.2023, c.137
1
.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����
1
[
1.�
R.S.50:2-11 is amended to read as follows:

���� 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)
, and section 2 of P.L. , c. (C.
) (pending before the Legislature as this bill)
.� 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
]

aquacultured
shellfish
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.

(cf:� P.L.2023, c.137, s.1)
]
1

����
1
[
2.� (New
section) a.� A clam aquaculturist shall be exempt from the restriction on the
collecting and catching of clams on Sunday, established pursuant to
R.S.50:2-11, provided that the taking of clams 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, in accordance with all applicable rules and regulations
pertaining to the harvest of clams, 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:

���� "Clam aquaculturist"
means a person or entity that holds a valid commercial shellfish aquaculture
permit and is directly engaged in clam aquaculture, which is a commercial
activity that includes the breeding, raising, harvesting, stocking, feeding,
transplanting, and protecting of clams, and the subsequent marketing,
processing, and packaging of clams in controlled environments for commercial
purposes.

���� "Commercial
purposes" means that the taking of clams is done for the purposes of
commercial sale and not for other purposes, such as trade, barter, or personal
consumption.
]
1

����
1
1.
Section 2 of P.L.2023, c.137 (C.50:2-11.1) is amended to read as follows:

���� 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,
predator screening 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.
1

(cf: P.L.2023, c.137, s.2)

����
1
[
3.
]

2.
1
� This
act shall take effect immediately.