New Jersey § 23:2b-21

§ 23:2b-21.

a. Except as provided pursuant to subsection b. or c. of this section, there shall

be a moratorium on the taking in the State of horseshoe crabs or the eggs of horseshoe

crabs, on the landing in the State of such crabs or the eggs of horseshoe crabs taken

from outside of the State, and on the possession of horseshoe crabs or the eggs of

horseshoe crabs regardless of their origin, until such time as: (1) the recovery

targets for the population of the red knot shorebird, identified pursuant to the United

States Fish and Wildlife Service 2007 status assessment, entitled “Status of the Red

Knot ( Calidris canutus rufa ) in the Western Hemisphere,” are met; and (2) a shorebird management plan, which,

based upon scientific study and evidence, demonstrates to the satisfaction of the

Department of Environmental Protection that a more than adequate food supply from

horseshoe crab eggs for shorebirds and population viability for both shorebirds and

horseshoe crabs exist. The plan shall be subject to public comment and to review and approval by a peer-review

panel which shall include qualified shorebird and horseshoe crab ecologists, and the

Endangered and Nongame Species Advisory Committee created pursuant to subsection e.

of section 7 of P.L.1973, c. 309 ( C.23:2A-7 ). The plan must indicate that the shorebirds species including the red knot rufa subspecies have fully recovered, pursuant to the United States Fish and Wildlife

Service recovery targets, before the reestablishment of a limited harvest season may

be considered. b. Notwithstanding the provisions of this section to the contrary, the Department

of Environmental Protection may issue a permit for: (1) the taking, landing and possession

of horseshoe crabs or the eggs of horseshoe crabs for scientific or educational purposes

only, provided that the department determines that the collection of the horseshoe

crabs or the eggs of horseshoe crabs for these purposes will not cause harm to the

red knot, other shorebirds, or horseshoe crab populations; or (2) the collection of blood from horseshoe crabs for biomedical purposes, provided

that the horseshoe crabs are released otherwise unharmed to the same waters from which

they were collected. c. The moratorium established in subsection a. of this section shall not apply to

the possession and use of horseshoe crabs harvested outside of the State, provided

that the person found in possession of, or using, the horseshoe crabs has documentation

which shows that the horseshoe crabs were not harvested in New Jersey. The documentation shall include a receipt or bill of lading that provides: (1) the name, address, and phone number of the person or company that provided the

horseshoe crabs; (2) the permit or license number of the person or company named pursuant to paragraph

(1) of this subsection; and (3) the state and, if possible, the location, where the horseshoe crabs were harvested. d. Any person possessing or using horseshoe crabs in violation of this section shall

be liable to a penalty of $10,000 for the first offense, and $25,000 for the second

and subsequent offenses, in addition to any applicable penalties prescribed pursuant

to subsections b. through d. of section 73 of P.L.1979, c. 199 ( C.23:2B-14 ).