Bill Text: NJ A841 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes DEP and NJ Marine Fisheries Council to regulate taking and management of striped bass.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A841 Detail]
Download: New_Jersey-2010-A841-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman MATTHEW W. MILAM
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Authorizes DEP and NJ Marine Fisheries Council to regulate taking and management of striped bass.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the taking and management of striped bass, supplementing P.L.1983, c.506 (C.23:5-43 et seq.), and repealing section 1 of P.L.1987, c.83 and section 3 of P.L.1990, c.5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and within one year after the date of enactment of this act, rules and regulations providing for the taking and management of striped bass in and upon the marine waters of the State. These rules and regulations may include, but need not be limited to, possession and bag limits, size limits, seasons, area restrictions, and provisions concerning filleting and the possession of striped bass parts.
b. The Commissioner of Environmental Protection shall regulate the striped bass fishery in accordance with State policy as set forth in section 2 of P.L.1979, c.199 (C.23:2B-2). The rules and regulations adopted pursuant to subsection a. of this section shall be consistent with (1) the Striped Bass Management Plan of the Atlantic States Marine Fisheries Commission, and (2) the provisions of section 2 of P.L.1991, c.43 (C.23:5-45.3), section 5 of P.L.1983, c.506 (C.23:5-47), and any other applicable State law concerning striped bass.
2. Section 1 of P.L.1987, c.83 (C.23:5-45.1) and section 3 of P.L.1990, c.5 (C.23:5-45.2) are repealed.
3. This act shall take effect immediately, except that section 2 thereof shall take effect on the 366th day following the date of enactment or upon the date of adoption of the rules and regulations required pursuant to section 1 of this act, whichever is earlier.
STATEMENT
This bill would require the Department of Environmental Protection (DEP) to adopt, within one year, rules and regulations providing for the taking and management of striped bass in and upon the marine waters of the State. These rules and regulations may include, but need not be limited to, possession and bag limits, size limits, seasons, area restrictions, and provisions concerning filleting and the possession of striped bass parts.
The bill would direct the Commissioner of Environmental Protection to regulate the striped bass fishery in accordance with State fisheries policy as set forth in the "Marine Fisheries Management and Commercial Fisheries Act." Also, the bill would require that the adopted rules and regulations be consistent with (1) the Striped Bass Management Plan of the Atlantic States Marine Fisheries Commission, and (2) other applicable State laws concerning striped bass.
Finally, the bill would repeal two State laws directly regulating the taking of striped bass.
With enactment into law of this bill, catch limits, seasons and most other restrictions and conditions on the taking of striped bass would no longer be established specifically by statutory law, but instead would be set by the DEP, subject to the disapproval of the Marine Fisheries Council as provided pursuant to sections 5 and 6 of P.L.1979, c.199 (C.23:2B-5 and C.23:2B-6). The bill would not repeal or amend the existing statutory prohibitions against the sale or netting of striped bass.
