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Terms Used In New Jersey Statutes 50:2-11.1

  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
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, 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.

L.2023, c.137, s.2.