New Jersey § 50:2-11

§ 50:2-11.

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.