A question on the closed season for Striped Bass

[ped579]

Hi All,

There was a question regarding the closed season for taking Striped Bass.   What if you caught a Striped Bass in the ocean legally and you transported it via boat to a dock somewhere on the closed waters.  Would you or could you be issued a summons?

I was able to get an answer by Captain Mark Chicketano, here is his answer.

Dear Mr. Danielczyk:
My name is Captain Mark Chicketano and I am in charge of the Marine Enforcement Region of the Division of Fish and Wildlife. In regards to your question, N.J.S.A. 23:5-45.2 reads that no person may take, or attempt to take, or have in possession, any Striped Bass from any waters of the State, except the Atlantic Ocean, from January 1 through February 28 of each year.  Therefore, should we check a vessel as it returns to the dock or in an area which is not the Atlantic Ocean, we do not issue a violation because we simply cannot prove where the fish was caught.  Now, should we observe a fisherman catch a Striped Bass in waters other than the Atlantic Ocean, then the person would be subject to a possible summons.  For shoreside fishermen, the enforcement is similar...i.e., if we observe an individual fishing
for Striped Bass in the Navesink River, he or she would be subject to a
violation...if we saw them fishing in Belmar in the Atlantic Ocean, then they would be legal. Please feel free to call me at 609-748-2050 should other questions arise.

Thanks, Captain Mark Chicketano

I hope this helps.

Happy Catching

Paul

[Pfishingruven]

Nice to have that clarified and an actual answer from them!

Thanks Paul!

 

[Luna Sea 5]

 nice find, but with a short closed season, shouldn't be an issue.

[IrishAyes]

Thanks for the leg work on that issue Paul. 

From the answer, I am assuming (Man, I hate that word) that they will overlook the have in possession part of the law. Let's hope the CO that stops someone operates on the same principle. 

[ped579]

I guess if anyone thinks that they will be in that situation can print out the the Captain's remarks and hold on to them.  I know it is just a piece of paper that anyone can make up but I think that if presented in the right way it should hold up.

I know discretion is all a part of Law Enforcement but this sounds pretty cut and dry.

[IrishAyes]

Paul, I just re-read the answer the Captain gave you.

The part of the law I was questioning is where it said in possession . Reading it a second time, I got to the any Striped Bass from any waters of the State, except the Atlantic Ocean .

The elements of the crime would be:
1.) Having a striped bass in possession.
2.) The striped bass in possession would have to have been from any waters except the ocean.

Therefore, the Captain's answer would stand as being valid and a person would not be in violation of the law. 

Just shows that you have to read all the words in the law.  

[ped579]

Thanks for the clarification Joe. 

[Bucktail]

Nice detective work there Officer Joe! 

I was about to say that it looks like the fish and game laws were just about as vague and as open to interpretation as our state's gun laws.

Thanks for clearing that up for us.

[brickken]

Good info and nice to know for a fact as opposed to a presumption, thanks.

[wb]

so using that logic, I could catch and keep my 19" fluke during the open season in NJ waters then drift or motor over to NY waters where my 19" now short fluke would still be legal because they cannot prove I caught it in NY waters? Sounds fishy, even coming from the Man.... 

[IrishAyes]

Warren, that all depends on the wording of the law.
NJ striper law states...no person may take, or attempt to take, or have in possession, any Striped Bass from any waters of the State, except the Atlantic Ocean, from January 1 through February 28 of each year.

There are two requirements (elements of the crime) to be in violation.

element 1.) you must take, attempt to take, or have in possession.

element 2.) any Striped Bass from any waters of the State, except etc...

The CO would have to prove BOTH elements to get a conviction.

As I said, it all depends on how the law is written.
Most fish and game are written for possession only, this particular one needs BOTH elements for a violation.

[dikdanger]

sir i thank you for your time getting this information out to us... 

this website and you especially have provided me with sooo much information to build up my index of fishing knowledge...

thanks again...