Evening journal., 1915-03-12
NO fisheries LAW
FOR RIVER AND BAY
Delaware Law Not Ratified
and New Jersey Repeats
Its Statute
TO HAVE COMMISSION
TO MAKE NEW DRAFT

Hilles, Joseph H. King and John L. lel
fcvre. commissioners on the part of
Delaware TO act with like commission
on the part of New Jersey TO agree upon
changes in the uniform fisheries laws
for Delaware river and bay. submitted
their report to Governor Miller yester-i
day, and by him it was transmitted
through Secretary Of State Hall to Sem
ate and House. The commissioners set
forth that at present there is no law in
the state regulating the catching and
taking of fish in Delaware river and
bay, and they recommend that the draft
OF an act they have prepared be passed
by the Legislature. New Jersey has
repealed the original uniform fisheriesl
law for Delaware river and bay and
adopted other fishing laws. The Della
ware commissioners recommend the APP
pointment of a new commission, with
the Attorney General as its legal ad-
wiser, to confer with a like commission
for New Jersey, to draft a proposed uni
form fisheries law to be submitted tol
the Legislature two years hence. The
expense of the Delaware commissioned
was SS9.39. To carry out part of the
recommendations of the commissioners.
Representative Bender introduced and
the House passed late yesterday a bill
providing fisheries laws for Delaware
river and bay. The bill cmbodies the
law now on the books, but not elfcctiyel
because New Jersey has not ratified it,
but makes a few changes as to size OF
net meshes, etc, in response TO demands
of Delaware fishermen. Delaware spe-
cifically reserves the right to arrest Of
tenders against the law in accordance
with terms Of the Delaware New Jersey
compact. The Senate today conclrrcd in
the bill to provide a fisheries law until
the next Legislature meets.
The report Of the commission is as
follows:
TO the Honorable Charles r. Miller,
Governor of the State Of Delaware.
Dear Sir: In conformity with Joint
resolution, approved on the third day of
! February, 1915 the present General As
sembly authorized you TO appoint a
commission, consisting of three mem
bers, to confer with a like commission
of the State of New Jersey, and draft
notifications OF the laws regulating the
taking Of fish in the waters of the
Delaware river and bay between the
States of New Jersey and Delaware,
and to report the same to the General
Assembly. now in session.
In conformity with the provisions OF
this resolution. you appointed John p
lie Fevre, Joseph II. King and William
S. Hilles, members of the Delaware com
mission and the Governor OF New Jer
sey appointed William 4. Logue. Firnai
L. Carpenter and James NJ. Stratton
members of the New Jersey commission
| Immediately upon receiving notice o
our appointment, the Delaware commits
sion met and organized and forthwith
proceeded TO get into communication
with the New Jersey commission.
In order to ascertain the needs Of
the Delaware fishermen and others.
meeting was called by our Commits
sion which was largely attended. I'M
mediately thereafter, the Delaware
Commission drafted proposed amend
ments to the law which we're immedi-
ately taken up with the New Jersey
Commission. We find little or no
difference of opinion between the two
commissions as to what the provisions
of the new law should be, and such
differences as exist, we believe, can
be readily reconciied. The commits
sions of both States have discussed
and considered the matter with a
desire to reconcil any differences
of interest or opinion which may eX-
list, and most, if not all of such diff
fcrences have been disposed of.
/ We have drafted a bill which We
are submitting herewith which we
believe substantially complies with
the requirements of the New Jersey
Commission. but which has not yet
met with their approval. and conse-
qucntly we are not in a position TO
report concurrent action on the part
of both commissions. In view. how
ever. of the fact that there is at pres
ent in this State no law regulating
the catching and taking Of fish in the
Delaware River and Bay we believe
il would be wise and recommend 10
tho General Assembly the passing of
the Act submitted
The Commission has considered
most carefully the various questions
arising under the compact between
the State of Delaware and the State
of New Jersey, approved March goth,
| 1906. This compact provides that
| Immediately upon its execution, the
Legislatures of the two States should
appoint three commissioners for the
| purpose OF drafting uniform laws to
regulate the catching and taking OF
| ! fish in the Delaware River and Bay
between the two States. and that the
two commissions within two years
/ from their appointment should report
to the Legislatures of the respective
States the proposed laws so framed
and recommended. The faith of both
States was pledged to adopt the laws
so recommended by the Commission
Tho compact further provided that
the said laws so recommended by the
Commission should constitute the sole
laws for the regulation Of the TAX
ing and catching of fish in said wa
ters. and that said laws should re-
main in force until altered. amended
or repealed by concurrent legislation
of the two States.
The compact further provided that
all laws relating TO the fisheries in the
| Delaware River, not inconsistent with
the right of common fishery. should
continue i'm force in the respective
States until the enactment of the con.
current legislation as provided in the
compact
In accordance with the provisionl
of the compact, the commissions wer,
duly appointed by each Of the States
the said commissions framed a join
fishing law, and this law was, in du
course, enacted by the State of NeN
Jersey, but the State of Delaware de
i clined to enact the law thus recon
mended. and passed an act in 1909 4
material respects different from IN
one passed by the State of New Jei
II lnfh