[First Reprint]

ASSEMBLY, No. 675

 

STATE OF NEW JERSEY

208th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 1998 SESSION


Sponsored by:

Assemblyman JOHN C. GIBSON

District 1 (Cape May, Atlantic and Cumberland)


SYNOPSIS

Regulates taking of juvenile American eels.


CURRENT VERSION OF TEXT

As reported by the Assembly Agriculture and Natural Resources Committee on February 10, 1998, with amendments.


An Act concerning juvenile American eels, supplementing P.L.1979, c.199 (C.23:2B-1 et seq.), and repealing P.L.1979, c.227 (C.23:3-72 through C.23:3-74).

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

1. a. No person may take or attempt to take a juvenile American eel (Anguilla rostrata) from the marine waters of the State without (1) a juvenile eel harvester license issued by the Department of Environmental Protection and carried on the person of the licensee, and (2) any other license or permit required by law, rule, or regulation to use specific gear or equipment to take or attempt to take juvenile American eel, which shall be carried on the person of the licensee or permittee.

b. (1) No person who has taken a juvenile American eel from the marine waters of the State may sell or barter, or attempt to sell or barter, the juvenile American eel to any person other than a person holding a juvenile eel dealer license issued by the department and carried on the person of the licensee.

(2) No person may purchase or barter, or attempt to purchase or barter, a juvenile American eel taken from the marine waters of the State without a juvenile eel dealer license issued by the department and carried on the person of the licensee.

(3) No juvenile American eel taken from the marine waters of the State may be transported out of the State unless it first has been sold or bartered to a person in the State holding a juvenile eel dealer license issued by the department and carried on the person of the licensee.

c. No person may possess a juvenile American eel without either a juvenile eel harvester license or a juvenile eel dealer license issued by the department and carried on the person of the licensee.

d. (1) The fee for a juvenile eel harvester license shall be $750 for a resident of the State and 1[$6,000] $1,7501 for a nonresident of the State. The license shall be valid through December 31 of the year in which it is issued.

(2) The fee for a juvenile eel dealer license shall be $1,000 for either a resident or a nonresident of the State. The license shall be valid through December 31 of the year in which it is issued.

(3) A juvenile eel harvester license or a juvenile eel dealer license may be purchased only in person during January of the calendar year for which it is valid at such offices or other locations as the department may designate, except that either license may be purchased in person January 1 through April 20 of the year of enactment of P.L. , c. (C. ) (now before the Legislature as this bill).

e. (1) A juvenile American eel may be taken from the marine waters of the State or possessed only from February 15 through April 20 each year.

(2) No juvenile American eel may be taken from the marine waters of the State between sunrise Friday through sunset Monday each week during the open season established pursuant to this section.

(3) No person may take or attempt to take a juvenile American eel from the marine waters of the State by any method other than a single hand held dip net measuring 24 inches or less in diameter.

(4) No person may take or attempt to take a juvenile American eel from the marine waters of the State from a boat or other vessel.

(5) No person may use any method or device that channels or diverts juvenile American eels toward a dip net.

(6) During the open season for juvenile American eel established pursuant to this section, no person may have in the possession or under the control of that person, or in a vehicle or vessel owned, operated, or under the control of that person, any net material with a mesh of less than 3/8 inch stretched, except that this restriction shall not apply to dip nets.

f. Any person holding a juvenile eel dealer license shall report weekly during the open season established pursuant to this section the following information to the department in the form and manner prescribed by the department:

(1) the juvenile eel dealer licensee's name, location, mailing address, and license number;

(2) the name and juvenile eel harvest license number of every person from whom any juvenile American eels were purchased or bartered, the date and location of the harvest of those eels, and the harvester's gear identification numbers;

(3) the number of pounds, or portion thereof, of juvenile American eels purchased or bartered, the date of purchase or barter, the price paid per pound, and the final destination of the eels; and

(4) any other information the department may deem useful or appropriate.

g. Any person engaged in the commercial aquaculture of American eels in the State may possess juvenile American eels during the closed season if the person maintains records of the date and location of collection, the name and juvenile eel harvest license number of the harvester, the estimated total number or pounds of eels in possession, and the location of the aquaculture facility.

h. (1) The department 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 to implement this section.

(2) The Commissioner of Environmental Protection may: (a) at any time and without prior public notice, close any area of the State to the taking of juvenile American eels from the marine waters of the State to protect the resource or for reasons of public safety or welfare; (b) modify any provision or requirement of this section to maintain or come into compliance with any fishery management plan approved by the Atlantic States Marine Fisheries Commission pursuant to 16 U.S.C.s.5104 (b); or (c) modify any provision or requirement of subsections e., f., or g. of this section.

i. (1) (a) Any person who violates this section, or any rule or regulation adopted or license or order issued pursuant thereto, shall be subject to the penalties set forth in section 73 of P.L.1979, c.199 (C.23:2B-14), except that a person who violates this section, or any rule or regulation adopted or license or order issued pursuant thereto, by failing to obtain the required license or by using a fyke net shall be assessed a monetary penalty of $6,000 1and the juvenile eel harvester license privileges and juvenile eel dealer license privileges of that person shall be revoked for a period of two years1 .

(b) For a second or subsequent offense, 1[in addition to the monetary penalties set forth in subparagraph (a) of this paragraph] a monetary penalty of $12,000 shall be assessed and1 the juvenile eel harvester license privileges and juvenile eel dealer license privileges of the violator shall be revoked 1[for a period of two years] permanently1 .

(c) In addition to the monetary penalties set forth in 1[subparagraph] subparagraphs1 (a) 1or (b)1 of this paragraph, if the violation involves the use of illegal gear, equipment, or collection techniques or false reporting, any vessel, gear, or equipment used in the commission of the violation shall be subject to seizure and forfeiture as provided in paragraph (4) of this subsection.

(2) The department also may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent a violation of this section, or any rule or regulation adopted or license or order issued pursuant thereto, and the court may proceed in the action in a summary manner.

(3) 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.

(4) A designated enforcement officer of the Department of Environmental Protection, the State Police, or any other law enforcement officer may seize and secure any vessel, gear, or equipment used in the commission of a violation of this section or any rule or regulation adopted or license or order issued pursuant thereto. Upon the seizure of the vessel, gear, or equipment, the enforcement 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, gear, or equipment may secure the release thereof 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, gear, 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, gear, 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, gear, or equipment shall be deposited in the "American Eel Management Account" established pursuant to subsection j. of this section for use as provided therein.

1If the violation is failure to obtain a license required by this section, any vehicle used by the violator in the course of engaging in any activity for which a license is required pursuant to this section also may be seized and forfeited in the manner prescribed by this subsection.1

j. There is established within the "hunters' and anglers' license fund" created pursuant to R.S.23:3-11 and R.S.23:3-12 a separate and dedicated account to be known as the "American Eel Management Account." This account shall be credited with all fees collected pursuant to this section and all penalties collected for violations of this section or any rule or regulation adopted or license or order issued pursuant thereto. Any income earned from the investment of moneys in the account shall be credited to the account. The moneys in the account shall be allocated to the department and shall be disbursed only to support enforcement efforts, monitoring activities, administrative costs, data collection and analysis, and aquaculture research and programs pertaining to the American eel.

k. For the purposes of this section:

"Commercial aquaculture" means the culture or husbandry of American eels in non-wild systems for the purpose of increasing size;

"Juvenile American eel" or "juvenile eel" means an American eel (Anguilla rostrata) less than six inches in total length or such other length as the department may establish by rule or regulation adopted pursuant to the "Administrative Procedure Act"; and

"Resident of the State" means a person who has an actual and bona fide domicile in the State at the time of the application for a license pursuant to this section and who has had an actual and bona fide domicile in the State for at least six months immediately prior thereto.

2. P.L.1979, c.227 (C.23:3-72 through C.23:3-74) is repealed.

3. This act shall take effect immediately.

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