A 4047 — 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.

Assemblyman  CLINTON CALABRESE District 36 (Bergen and Passaic)         SYNOPSIS      Exempts clamfrom prohibition on taking of shellfish on Sunday certain shellfish aquaculturalists with commercial shellfish aquaculture licensepermits fromwho lawuse prohibitingpredator takingscreening ofsystems. clams on Sunday.

  CURRENT VERSION OF TEXT      As introduced.reported by the Assembly Agriculture and Natural Resources Committee on March 9, 2026, with amendments.

   An Act concerning the1[the taking of clams, amending R.S.50:2-11, and supplementing Title 50 of the Revised Statutes.Statutes] structural aquaculture and amending P.L.2023, c.1371.

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

(cf:  P.L.2023, c.137, s.1)s.1)]1        2. 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:

     "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.consumption.]1        11.

 Section     2 3. of ThisP.L.2023, actc.137 shall(C.50:2-11.1) takeis effectamended immediately.to read as follows:

    STATEMENT        This2. bill would exempt clam aquaculturists who hold a commercial shellfish aquaculture permit from the State law that prohibits the taking of clams on Sunday.  Under the bill, a clam aquaculturist would be permitted to harvest clams on Sundays only if the taking does not occur before sunrise or after sunset;

occursa. on State-leased aquaculture lands;

andA isshellfish foraquaculturist awho commercialengages purpose in accordancestructural withaquaculture allshall otherbe rulesexempt from the restriction on the collecting and regulationscatching applicableof shellfish on Sunday, established pursuant to R.S.50:2-11, provided that the harvesttaking of clams.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.