Title 23, Title 23: FISH AND GAME, WILD BIRDS AND ANIMALS

23:2B-1. Short title This act shall be known and may be cited as the "Marine Fisheries Management and Commercial Fisheries Act." L.1979, c. 199, s. 1, eff. Sept. 19, 1979.

23:2B-10. Aquaculture task force; commercial fisheries development task force; members; duties; report For a period of 2 years from the effective date of this act the Commissioner of Labor and Industry, the Commissioner of Environmental Protection, the Secretary of Agriculture, t…

23:2B-11. Interference or damage to devices used to take fish No person shall, willfully and without reasonable cause, interfere with, break, damage or destroy any net, trap, seine, fyke pot or any other device used to take fish, which is being utilized in a lawfully authorized m…

23:2B-12. Enforcement of marine management statutes, rules and regulations; duties and training of marine police; reports The marine police shall devote a sufficient number of hours and sufficient resources to the enforcement of the marine management statutes and rules and regula…

23:2B-13 Review of previously adopted rules and regulations. 63. Within one year after the effective date of P.L.1979, c.199 (C.23:2B-1 et al.), the commissioner shall review all rules and regulations previously adopted pursuant to the provisions of Title 50 of the Revised Statut…

23:2B-14 "Act" defined, penalties; enforcement. 73. For purposes of this section, the "act" means and includes all the new sections and amended sections contained herein, all the remaining sections of Title 50 of the Revised Statutes, sections 23:3-41, 23:3-46, 23:3-47, 23:3-48, …

23:2B-15. Division of fish, game and wildlife; fish and game council; continuance of functions, powers and duties a. The Division of Fish, Game and Shellfisheries is continued and constituted as the Division of Fish, Game and Wildlife in the Department of Environmental Protection…

23:2B-15.1 Division of Fish and Wildlife constituted. 2. a. The Division of Fish, Game and Wildlife is continued and constituted as the Division of Fish and Wildlife in the Department of Environmental Protection. All the functions, powers, and duties of the existing Division of F…

23:2B-16. Severability; liberal construction If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held inva…

23:2B-17. Pending actions or proceedings; preexisting orders, rules and regulations This act shall not affect, impair or invalidate any action or proceeding, civil or criminal, brought by or against the department, pending on the effective date of this act, and all such actions o…

23:2B-18. Saltwater recreational anglers license Nothing in this act shall authorize the imposition of a saltwater recreational anglers license on any person. L.1979, c. 199, s. 82, eff. Sept. 19, 1979.

23:2B-19 Taking, processing of fish on certain vessels in marine waters prohibited. 1. No person may take or process fish while on a vessel greater than 165 feet in length while in marine waters. For the purpose of this section, "process" means to clean and freeze, can, or otherw…

23:2B-2. Legislative findings; state policy a. The Legislature hereby finds that: (1) The fisheries resources of the State make a material contribution to our economy and food supply, as well as to the health, recreation, and well-being of our citizens; and, (2) The fisheries res…

23:2B-20 Findings, declarations, determinations relative to horseshoe crab and shorebird conservation. 1. The Legislature finds and declares that each spring more than a million shorebirds of six species, including the red knot, ruddy turnstone, sanderling, semipalmated sandpiper…

23:2B-21 Moratorium on taking of horseshoe crabs, exceptions; shorebird management plan. 2. a. Except as provided pursuant to subsection b. or c. of this section, there shall be a moratorium on the taking in the State of horseshoe crabs or the eggs of horseshoe crabs, on the land…

23:2B-22 Registry program for saltwater recreational anglers; violations, penalties. 1. a. The commissioner, in consultation with the Marine Fisheries Council, shall establish and implement a registry program for saltwater recreational anglers, which program shall provide for: (1…

23:2B-23 Prohibition on sale, possession of shark fins; exceptions; violations, penalties. 1. a. No person shall: (1) sell, trade, or distribute, or offer for sale any shark fin; or (2) possess any shark fin that has been separated from a shark prior to its lawful landing. The bu…

23:2B-24 Possession in Excess of Daily Limit Vessel License. 1. a. (1) Any person who intends to possess on a vessel in the waters of the State an amount of black sea bass or summer flounder pursuant to a valid license from another state in excess of the New Jersey daily trip lim…

23:2B-25 "Marine Fisheries Program Support Account." 2. a. There is established within the General Fund, a separate, dedicated, and non-lapsing account to be known as the "Marine Fisheries Program Support Account." This account shall be credited with all revenues received from th…

23:2B-3. Definitions As used in this act: a. "Aquaculture" means the propagation and rearing of aquatic species in controlled or selected environments; b. "Commissioner" means the Commissioner of Environmental Protection; c. "Council" means the Marine Fisheries Council created pu…

23:2B-4 Marine Fisheries Council. 4. There is hereby created in the department a Marine Fisheries Council, which shall consist of 11 members, nine of whom shall be appointed by the Governor, with the advice and consent of the Senate, of whom four shall represent and be knowledgea…

23:2B-5. Powers and duties of council The Marine Fisheries Council shall: a. Contribute to the preparation and revision of fisheries management plans; b. Be empowered to disapprove, within 60 days of the proposal thereof and the submittal thereto, any rule or regulation or any am…

23:2B-6. Preparation of fisheries management plans; rules and regulations The commissioner shall prepare fisheries management plans for each major fishery in the State, with the advice and assistance of the council, and if deemed necessary, advisory species related citizen panels…

23:2B-7. Powers and duties of commissioner The commissioner shall have the following powers and duties: a. Administer and enforce the laws, rules and regulations relating to fisheries resources; b. Appoint the chief administrative officer of the marine fisheries program and all o…

23:2B-8. Management of shared fisheries resources; cooperation to develop integrated management plans; reciprocal agreements with other jurisdictions In the management of fisheries resources which are shared by the State of New Jersey with other states or with other states and th…

23:2B-9. Disclosure of information by persons taking fisheries resources; records, books or accounts; audits a. The commissioner may by regulation require that every person, who takes fisheries resources, provide information on the species, number, weight, and any other informati…

23:3-1 License for hunting, fishing, or trapping; penalty; exceptions. 23:3-1. a. A person shall not at any time hunt, take or attempt to take, kill or pursue, with a gun or any firearm of any kind or character, or with longbow and arrow, a wild bird, animal or fowl, or take or a…

23:3-1.1 "All Around Sportsman License." 11. a. The division shall issue a special license combining the resident's firearm hunting license, the resident's bow and arrow license and the resident's fishing license as provided under R.S.23:3-4 into one license to be designated as t…

23:3-10. Division's monthly return to state treasurer On or before the twentieth day of each month the Division of Fish and Game shall send to the State Treasurer all fees received by it for licenses reported issued by clerks and agents during the preceding month. The division sh…

23:3-11. Disposition of fees All fees for licenses and permits received by the Division of Fish, Game and Shellfisheries, remitted to the State Treasurer shall be placed to the credit of a fund to be known as the "hunters' and anglers' license fund," which fund shall be used excl…

23:3-12. Hunters' and anglers' license fund The "hunters' and anglers' license fund" shall be a fund which shall be kept separate and apart from the receipts of the board and all other state moneys, and shall be disbursed by the state treasurer on vouchers certified to by the boa…

23:3-12.1. "Shellfisheries Management Account" established There is established within the "hunters' and anglers' license fund" created pursuant to the provisions of R.S.23:3-11 and R.S.23:3-12, a separate and dedicated account to be known as the "Shellfisheries Management Accoun…

23:3-12.2 "Oyster Resource Development Account." 8. a. There is established within the "hunters' and anglers' license fund," created pursuant to the provisions of R.S.23:3-11 and R.S.23:3-12, a separate and dedicated account to be known as the "Oyster Resource Development Account…

23:3-13. Annual returns to division On or before January tenth in each year the clerk of each county and of each municipality, and each agent, shall send to the office of the division of all return stubs of licenses issued during the preceding year ending December thirty-first, a…

23:3-14. Penalty for failure to make return or report A county or municipal clerk or an agent who shall fail or neglect to make a return or report required by this article within the time herein limited therefor shall be liable to a penalty of one hundred dollars ($100.00) for ea…

23:3-15. Failure to turn over moneys by clerk, warden or magistrate; misdemeanor A county or municipal clerk or an agent who fails to turn over any moneys collected for licenses, and a magistrate who fails to turn over any moneys collected as a penalty, at the time and in the man…

23:3-16. Licenses and buttons or tags to be issued promptly Every county clerk and municipal clerk and designated agent shall issue licenses and buttons or tags in accordance herewith immediately upon proper application therefor and payment of the fee herein prescribed. Amended b…

23:3-17. Registrars of licenses In a municipality having an executive officer known as the registrar of licenses, the registrar shall exercise all the powers and perform all the duties vested in the clerk of the municipality by this article. The registrar shall be entitled to the…

23:3-18. Antedating license a misdemeanor A clerk or agent who antedates a license shall be guilty of a misdemeanor. Amended by L.1947, c. 159, p. 713, s. 10; L.1951, c. 226, p. 802, s. 14, eff. Jan. 1, 1952.

23:3-19. Records open to public All records of a county or municipal clerk or agent referring to a license issued under this article shall be open, at all times, to public inspection. Amended by L.1947, c. 159, p. 714, s. 11; L.1951, c. 226, p. 802, s. 15, eff. Jan. 1, 1952.

23:3-1a. Fees; adjustment by council, once 12. The Fish and Game Council may, on one occasion only at such time as may be deemed appropriate by the Fish and Game Council, by regulation adopted by August 1 of the preceding year, determine the fees for hunting, fishing and trapping…

23:3-1b. "Free fishing" days The Division of Fish, Game and Wildlife, after consultation with the Fish and Game Council, shall select two days in any given 12-month period, and consecutively thereafter, during which any person who has an actual and bona fide domicile in this Stat…

23:3-1c Application fee for each permit, license. 9. The division is authorized to charge a $2.00 nonrefundable application fee, in addition to any other permit or license fees authorized by law, for each permit or license, as follows:duplicate hunting and fishing; falconry; beav…

23:3-1d. Pennsylvania fishing license holders permitted to fish in Delaware river 3. A valid fishing license issued by the Commonwealth of Pennsylvania shall constitute a proper license, as required pursuant to subsection a. of R.S. 23:3-1, to fish in the waters of the Delaware r…

23:3-1e Members of New Jersey National Guard, disabled veterans exempt from certain fees. 1. a. Notwithstanding any law, rule, or regulation to the contrary, no fee, including application fees and issuance fees, may be charged of an applicant for a license, permit, stamp, tag, or…

23:3-1f. Certification of reduction in "hunters' and anglers' license fund" for free NG licensees 2. At the end of each fiscal year, the Director of the Division of Fish, Game and Wildlife shall certify to the Director of the Division of Budget and Accounting in the Department of…