58:24-10.1. Additional penalties
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/nj/title-58/chapter-24/58-24-10-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
6. a. In addition to the penalties prescribed in sections 9 and 10 of P.L.1979, c.321 (C.58:24-9 and 58:24-10), a person who knowingly violates any of the provisions of P.L.1979, c.321 (C.58:24-1 et seq.), or any rule, regulation, order or permit adopted or issued pursuant thereto, shall be subject to the mandatory revocation or suspension of any license or permit or privilege required by the Department of Environmental Protection for the taking of oysters, clams or other shellfish, 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 offense and any subsequent offense.
b. For purposes of this section, a knowing violator shall include, but need not be limited to
(1)a person who is the holder of a commercial shellfish license or permit,
(2)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,
(3)a person without any shellfish license or permit who is in possession of more than the daily recreational shellfish limit,
(4)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
(5)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.
L.2003,c.8,s.6.