History

The forerunner of the present day Shellfisheries Council, the “State Oyster Commission” was formed in the 1880s by oystermen on the Delaware Bay. This group served as an advisory body to the Department of Shellfisheries which was established in 1915. In 1931, the “Oyster Commission” became the “Shellfisheries Board”. In 1945 a major recodification creating the Department of Conservation was performed. At this time, the “Shell Fisheries Board” became the “Shellfisheries Council” within the newly created Division of Shellfisheries. The Shellfisheries Council functioned with the Division of Shellfisheries until 1971 when it was transferred to the newly formed Division of Fish, Game and Shellfisheries in the Department of Environmental Protection. At this time, the Bureau of Shellfisheries was created.

The council meets monthly.

Composition

N.J.S.A. 50:1-18a defines the composition of the Shellfisheries Council with ten members; one each residing in the counties of Monmouth, Ocean, Burlington, Atlantic and Salem, two residents of Cape May County, and three residents of Cumberland County; each of whom shall be a licensed and practicing shellfisherman. The Governor with the advice and consent of the Senate appoints each member.

The Council is divided by law into two sections: the Delaware Bay Section, consisting of the members from the counties of Cumberland and Salem, and one of the members from Cape May County; and the Atlantic Coast Section, consisting of the members from the counties of Atlantic, Burlington, Ocean and Monmouth, and one of the members from Cape May County.

Powers and Duties

The Council’s duties and responsibilities are set out in N.J.S.A. 50:1-18b. and c.:

“b. The council shall, subject to the approval of the Commissioner, formulate comprehensive policies for the preservation and improvement of the shellfish industry and resource of the State. The council shall also: (1) consult with and advise the commissioner and the Marine Fisheries Council with respect to the implementation of the shellfisheries program; (2) study the activities of the shellfisheries program and hold hearings with respect thereto as it may deem necessary or desirable; and (3) initiate, by resolution of the council, proposed rules and regulations concerning shellfish to the Commissioner.

c. No lease of any of the lands of the State under the tidal waters thereof, to be exclusively used and enjoyed by the lessee for the planting and cultivating of shellfish, shall hereafter be allowed except when approved by a majority of the appropriate section of the council; and no such lessee shall hereafter in any case be allowed except when approved and signed by the Commissioner.”

The Delaware Bay Section, subject to the approval of the Commissioner, exercises all the powers and duties of the council with regard to the shellfish industry in Delaware River, Delaware Bay and their tributaries. The Atlantic Coast Section exercises the same in all the remaining tidal waters of the State.

The Shellfisheries Council, advises the Commissioner of the Department of Environmental Protection specifically on regulations for the management and conservation of the sea clam resource and industry (N.J.S.A. 50:2-6.3).

The Shellfisheries Council, with the Commissioner’s approval sets the terms and fees for leasing shellfish grounds (N.J.S.A. 50:1-27). The Delaware Bay section also fixes the oyster boat license fee (N.J.S.A.50:3-2).