New Jersey § 23:2b-14
Full text of New Jersey New Jersey Statutes § 23:2b-14, with citation guidance and answers to common questions.
§ 23:2b-14.
For purposes of this section, the “ act ” means and includes all the new sections and amended sections contained herein, all
the remaining sections of Title 50 of the Revised Statutes, sections 23:3-41, 23:3-46,
23:3-47, 23:3-48, 23:3-51, 23:3-52, 23:5-9, 23:5-16, 23:9-114, 23:9-115 and 23:9-120
of Title 23 of the Revised Statutes, sections 1, 2, and 3 of P.L.1941, c. 211 ( C.23:5-24.1 to 23:5-24.3 ), sections 4 through 17 of P.L.2013, c. 74 ( C.23:3-51.2 through C.23:3-51.15 ), and section 12 of P.L.2014, c. 57 ( C.23:3-51.16 ). The commissioner may utilize any or all of the following remedies for any violation
of this act: a. (1) A person who violates the provisions of this act or of any rule, regulation,
license or permit adopted or issued pursuant to this act shall be liable to a penalty
of not less than $300 or more than $3,000 for the first offense and not less than
$500 or more than $5,000 for any subsequent offense, unless the commissioner has established
an alternate penalty for a specific offense pursuant to paragraph (2) of this subsection. (2) The Commissioner of Environmental Protection, with the approval of the Marine
Fisheries Council, may, by regulation, establish a penalty schedule for any specific
violation of this act or of any rule or regulation adopted pursuant to this act. No such penalty may be less than $30 or more than $100 for the first offense or
less than $50 or more than $200 for any subsequent offense. Any penalty provided for by this act or by the fee schedule adopted by the commissioner
shall be collected in a civil action by a summary proceeding pursuant to the “Penalty
Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). The Superior Court or any municipal court shall have jurisdiction to enforce the
“Penalty Enforcement Law of 1999.” If the violation is of a continuing nature, each day during which it continues shall
constitute an additional, separate and distinct offense. b. (1) A person who violates the provisions of this act or any rule or regulation
or any license or permit adopted or issued pursuant to this act shall be liable to
the revocation or suspension of any license or permit held by the violator pursuant
to this act for such period of time as the court may choose, except when the rule
or regulation violated includes a mandatory revocation or suspension schedule in which
case that schedule shall determine the period of time of the revocation or suspension. (2) In the case of a person who knowingly violates the provisions of R.S.50:2-11 , R.S.50:3-13 , R.S.50:4-2 , or R.S.50:4-3 , or any rule or regulation or any license or permit adopted or issued pursuant thereto,
the violator shall be subject to a mandatory revocation or suspension of the license
or permit or privilege for the taking of oysters, clams or other shellfish held by
the violator, or in the case of a violator without the necessary license or permit
the loss of the privilege to take oysters, clams or other shellfish, for a period
of three years for a first offense, five years for a second offense, and 10 years
for the third and any subsequent offense. For purposes of this paragraph, a knowing violator shall include, but need not be
limited to: (a) a person who is the holder of a commercial shellfish license or permit;
(b) a person who is the holder of a recreational shellfish license or permit who is
in possession of more than the daily recreational shellfish limit; (c) a person without
any shellfish license or permit who is in possession of more than the daily recreational
shellfish limit; (d) a person who is the holder of a recreational shellfish license
or permit who is engaging in shellfish activities with the holder of a commercial
shellfish license or permit; or (e) a person without the necessary shellfish license
or permit who is engaging in shellfish activities with the holder of a commercial
shellfish license or permit. c. If a person violates any of the provisions of this act, or any rule or regulation
or any license or permit adopted or issued pursuant to this act, the department may
institute a civil action in a court of competent jurisdiction for injunctive relief
to prohibit and prevent the violation or violations and the court may proceed in the
action in a summary manner. 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. d. In addition to the penalties prescribed by this section, a person who violates
the provisions of R.S.50:2-11 , R.S.50:3-13 , R.S.50:4-2 , or R.S.50:4-3 , or any rule or regulation or any license or permit adopted or issued pursuant thereto,
shall be subject to the forfeiture of any vessel, vehicle, or equipment used in the
commission of the violation. A designated conservation police officer of the Department of Environmental Protection, a member of the State Police,
or any other law enforcement officer may seize and secure any vessel, vehicle, or
equipment used in the commission of such a violation. Upon the seizure of the vessel, vehicle, or equipment, the conservation police 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, vehicle, or equipment
may secure its release 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, vehicle, 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, vehicle, 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,
vehicle, or equipment shall be used by the Division of Fish and Wildlife for the enforcement
of the provisions of this act.
Frequently Asked Questions About New Jersey § 23:2b-14
What does New Jersey Statutes § 23:2b-14 cover?
Section 23:2b-14 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 23:2b-14?
A common citation format is "New Jersey Statutes § 23:2b-14" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 23:2b-14 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.