New Jersey Shark Moratorium

[Capt. Carl]

Effective July 30th
There will be a prohibition on the
possession of all Commission shark
species, a group that includes nonsandbar
large coastal shark species, the
Commission’s prohibited species, the
Commission’s research species (sandbar
sharks), small coastal species, pelagic
species, and smooth dogfish species,
beginning July 30, 2010. Once the
moratorium takes effect, proscribed
conduct shall reflect the prohibited acts
mandated by the Atlantic Coastal Act as
set forth as 16 U.S.C. 5106(e).
Accordingly, as of Friday, July 30, 2010,
it shall be unlawful for any person to do
the following:
1. Engage in fishing for the following
species within New Jersey waters - 0 to
3 nautical miles (0 to 5.5 kilometers)
from shore: Commission large coastal
sharks (silky, tiger, blacktip, spinner,
bull, lemon, nurse, scalloped
hammerhead, great hammerhead,
smooth hammerhead), the
Commission’s prohibited species
(whale, basking, sand tiger, bigeye sand
tiger, white, dusky, night, bignose,
Galapagos, Caribbean reef, narrowtooth,
longfin mako, bigeye thresher, sevengill,
sixgill, bigeye sixgill, Caribbean
sharpnose, smalltail, and Atlantic angel
sharks), the Commission’s research
species (sandbar sharks), the
Commission’s small coastal sharks
(Atlantic sharpnose, blacknose,
finetooth, and bonnethead sharks), the
Commission’s pelagic sharks (shortfin
mako, thresher, oceanic whitetip,
porbeagle, and blue sharks), and smooth
dogfish.
2. Land, attempt to land, or possess
any of the shark species identified in
paragraph 1 (above) in the State of New
Jersey.
3. Fail to return to the water
immediately, with a minimum of injury,
any Commission shark species
identified in paragraph 1 (above) that
are taken incidental to fishing for any
other fish species (i.e., as bycatch);
4. Refuse to permit any officer
authorized to enforce the provisions of
this moratorium to board a fishing
vessel subject to such person’s control
for purposes of conducting any search
or inspection in connection with the
enforcement of this moratorium;
5. Forcibly assault, resist, oppose,
impede, intimidate, or interfere with
any such authorized officer in the
conduct of any search or inspection
under this moratorium;
6. Resist a lawful arrest for any act
prohibited by this moratorium;
7. Ship, transport, offer for sale, sell,
purchase, import, or have custody,
control, or possession of, any shark
taken or retained in violation of this
moratorium; or
8. Interfere with, delay, or prevent, by
any means, the apprehension or arrest of
another person, knowing that such other
person has committed any act
prohibited by this moratorium.

# 2 says it all....posession of species listed....cannot fish outside 3 miles, take one and come back to your dock either if you are a N.J. boat

[IrishAyes]

As I understand it..NJ should be in compliance prior to the moratorium starting. Let's hope they are on the ball with this and do as they said they would.

What I don't like is from #4 on. They are taking more and more of our rights away from us in this country. When I was on the job I couldn't even stop a person unless I had reasonable suspicion that they were doing or did something wrong. I still couldn't search them or their vehicle at that point. Allowing the fish cops to stop and search your vessel without so much as reasonable suspicion falls too much into violating our rights, in my opinion.

[Capt. Carl]

OH ABSOLUTELY JOE....that is the biggest infringement on our rights....but as we all know...the conservation officer holds more power than a city or even state policeman. 

[WATSNEXT]

Well Joe if you look at it like,
" it's a privilege to fish and not a right "
Then it's alot more easy to swallow.
Get over it-your not on the job anymore, your one of us. Like it or not
2 years ago I was frisked for hidden fish in my pockets and pant legs after disembarking a party boat in the Atlantic highlands (sea tiger Black fish trip)3 of the 5 cops didn't know the difference between a blk. sea bass and a black fish(taug) then "fish in question" while being measured their heads were pushed so hard against the stop they would be a 1/2" shorter.
When I was a kid the cops had no problem doing whatever they wanted to me and now I'm almost an old man and nothing has changed
So I really don't know what rights your talking about.
And this is nothing personal Joe ( and I apologize in advance if you feel this is targeting you , it's not my intention to do so)
I just never in my life was able to see it the way - you do
For me it's business as usual

[Pfishingruven]

OH ABSOLUTELY JOE....that is the biggest infringement on our rights....but as we all know...the conservation officer holds more power than a city or even state policeman. 

Apparently more than the Constitution or our Bill of Rights too!

 

[IrishAyes]

Well Joe if you look at it like,
" it's a privilege to fish and not a right "
Then it's alot more easy to swallow.
Get over it-your not on the job anymore, your one of us. Like it or not
2 years ago I was frisked for hidden fish in my pockets and pant legs after disembarking a party boat in the Atlantic highlands (sea tiger Black fish trip)3 of the 5 cops didn't know the difference between a blk. sea bass and a black fish(taug) then "fish in question" while being measured their heads were pushed so hard against the stop they would be a 1/2" shorter.
When I was a kid the cops had no problem doing whatever they wanted to me and now I'm almost an old man and nothing has changed
So I really don't know what rights your talking about.
And this is nothing personal Joe ( and I apologize in advance if you feel this is targeting you , it's not my intention to do so)
I just never in my life was able to see it the way - you do
For me it's business as usual

Sorry but fishing is not a priveledge, it is a right. A priveledge would be something like driving a motor vehicle. It is a priveledge because the state/federal/municipality provides the roadways to drive upon. None of them provide saltwaters to fish on. There are no services provided by the government to exclusively benefit the saltwater fisherman. No stocking fish, no 'road' repairs, etc. If there are, I certainly am not aware of any of them. Yes, the Corp of Engineers dredges the channels, but that is not an excluve use for the fisherman.

And no, I am not on the job anymore and I am grateful for that and grateful for the time I was on the job. But it was the time spent on the job that forged my position/opinion on many things in life. Citizen's rights was one of them. Another think I learned on the job was to never take things personal, so there is no problem there. 

Ok, let's get this post back on topic. 

Hopefully, the state will get their act together and come into compliance before it is too late.

[Pfishingruven]

Off topic, but I need to correct one thing:

Once a cop, ALWAYS a cop !

Now back to Shark Moratorium...

[IrishAyes]

Off topic, but I need to correct one thing:

Once a cop, ALWAYS a cop !

Now back to Shark Moratorium...

I'll drink to that.

[Bucktail]

What I don't like is from #4 on. They are taking more and more of our rights away from us in this country. When I was on the job I couldn't even stop a person unless I had reasonable suspicion that they were doing or did something wrong. I still couldn't search them or their vehicle at that point. Allowing the fish cops to stop and search your vessel without so much as reasonable suspicion falls too much into violating our rights, in my opinion.

Welcome to Arizona.  "Papers please!"  (Where have I heard that before?)

Although, as far as the moratorium, I'm not sure that #4 does away with reasonable suspicion.  I don't read that into the statute.

[njdiver]

Here is what NJ is doing:

http://www.state.nj.us/dep/fgw/news/2010/shark_extension.htm

http://www.nj.gov/dep/rules/notices/040510a.html

http://www.nj.gov/dep/rules/proposals/040510a.pdf