reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-53 - Wild pigeons protected; penalty

23:4-53. Wild pigeons protected; penalty
Any provision of law or of the State Fish and Game Code to the contrary notwithstanding, no person shall capture, kill, injure or have in possession, living or dead, or attempt to capture, kill or injure, a wild or passenger pigeon, or destroy or interfere in any manner with the nest or eggs of a wild or passenger pigeon, under a penalty of two hundred and fifty dollars ($250.00) for each offense.
Amended by L.1948, c. 448, p. 1818, s. 63, eff. April 1, 1949.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-55 - Beaver trapping permits

23:4-55. Beaver trapping permits
23:4-55. No person shall trap, take, capture, kill or have in possession a beaver, except as authorized by a valid permit at a time and in a manner prescribed by the State Fish and Game Code. In the absence of provisions for a season and limit in the code, the season shall be January 15 through and including February 15 of each year, and the season limit shall be five beavers per permit. Permits shall expire on the last day of the open season. The Division of Fish and Wildlife may issue up to and not exceeding 200 permits in any one calendar year. The fee for this permit is $15.00. The penalty for violating this section is a fine of no less than $100 and no more than $200. The Division of Fish and Wildlife may, in its discretion, issue permits to owners or lessees of land to control beavers that are destroying said property.
Amended 1946, c.165; 1948, c.448, s.65; 1954, c.34; 1999, c.412.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-56 - Acquisition of land by United States for migratory bird reservations

23:4-56. Acquisition of land by United States for migratory bird reservations
Consent of this state is given to the acquisition by the United States by purchase, gift, devise or lease of any areas of land or water, or of land and water, in this state which the United States deems necessary for the establishment of migratory bird reservations in accordance with the act of congress approved February eighteenth, one thousand nine hundred and twenty-nine, entitled "An act to more effectively meet the obligations of the United States under the Migratory Bird Treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of water to furnish in perpetuity reservations for the adequate protection of such birds; and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes," reserving, however, to this state full jurisdiction and authority over all these areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of said act of congress.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-58.1 - Hunting foxes with hounds and firearms; penalty

23:4-58.1. Hunting foxes with hounds and firearms; penalty
No person shall hunt foxes with hounds and firearms except during such time and period prescribed by the State Fish and Game Code, and, in the absence of such provisions in said code, no person shall hunt foxes with hounds and firearms except in daylight from November tenth to April thirtieth, but foxes shall not be hunted with hounds during the deer season. Any person who shall violate any of the provisions of this section shall be liable to a penalty of twenty dollars ($20.00).
Amended by L.1948, c. 448, p. 1820, s. 66, eff. April 1, 1949.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-58.3 - Killing other game while hunting foxes; penalty

23:4-58.3. Killing other game while hunting foxes; penalty
Any person hunting foxes who shall kill, injure, destroy or have in possession any bird or animal the killing of which is prohibited shall be liable to a penalty of one hundred dollars for each bird or animal killed, injured, destroyed or had in possession.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-62.2 - Bounties or premium for killing prohibition

23:4-62.2. Bounties or premium for killing prohibition
No county or municipality shall hereafter pay any premium or bounty for the killing of any fox or woodchuck.
L.1975, c. 164, s. 1, eff. July 23, 1975.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-63.1 - Penalty for liberating coyotes

23:4-63.1. Penalty for liberating coyotes
No person shall liberate a coyote within this State, under a penalty of one hundred dollars ($100.00) for each offense.
L.1939, c. 42, p. 61, s. 1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-63.2 - Possession of live coyote prohibited; penalty

23:4-63.2. Possession of live coyote prohibited; penalty
No person shall have a live coyote in possession in this State except by permission of the board, under a penalty of one hundred dollars ($100.00) for each live coyote so had in possession.
L.1939, c. 42, p. 61, s. 2.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-63.5 - Right to use mechanical devices to repel marauding birds and other wildlife

23:4-63.5. Right to use mechanical devices to repel marauding birds and other wildlife
1. Any provision of law or municipal ordinance to the contrary notwithstanding, any owner of lands used for agricultural purposes, shall pursuant to rules and regulations promulgated by the Division of Fish and Wildlife, have the right to use certain noise making and other mechanical devices, including non-lethal propane-powered noise making devices, intended to scare or repel marauding birds or other wildlife so as to prevent the damage and destruction of crops and other property.
L.1963, c.37, s.1; amended 2019, c.19, s.1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-63.6 - Issuance of permits; cancellation; rules and regulations

23:4-63.6. Issuance of permits; cancellation; rules and regulations
2. The Division of Fish and Wildlife is authorized to issue permits to the owners of lands used for agricultural purposes for the use of such devices and no such device shall be used by any person without first obtaining such permit. Any person who violates this section shall be liable to a penalty of $20 for each such offense. Whenever the governing body of any municipality adopts a resolution pointing to undue hardship on nearby residents as a result of the use of any such device, and requests that the division deny or cancel the right to use such device, the Director of the Division of Fish and Wildlife, after review of all available evidence, may deny or cancel a permit to use such device when he determines that the use thereof creates an undue hardship on nearby residents. In arriving at any such decision, the director may consult with any county or Statewide advisory group the director may designate to advise the director on such matters. The division shall promulgate rules and regulations governing the types and use of such devices as will insure the safety of the public.
L.1963, c.37, s.2; amended 1970, c.164; 1979, c.385, s.6; 2019, c.19, s.2.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-63.7 - Disposal of dead wildlife by authorized personnel

23:4-63.7. Disposal of dead wildlife by authorized personnel
Except as provided in R.S. 23:4-23, nothing contained in the provisions of this Title shall be construed so as to prohibit or limit the disposal, by State or municipal police officers, or by personnel authorized thereby, of any wild bird, animal, fowl, or fur-bearing animal found dead on or along any public highway or on any private property, upon request of the owner thereof.
L.1979, c. 304, s. 2, eff. Jan. 17, 1980.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:4-64 - Sale of bittersweet prohibited; penalty; enforcement

23:4-64. Sale of bittersweet prohibited; penalty; enforcement
It shall be unlawful to take for the purpose of sale, sell, or expose for sale, any bittersweet growing in the wild, under a penalty of ten dollars for each offense. This section shall not apply to the sale of this vine in any form for medicinal purposes.
This section shall be enforced by the persons authorized and in accordance with the provisions of chapter 10 of this title (s. 23:10-1 et seq.).
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-1 - Open season for certain fish; penalty

23:5-1. Open season for certain fish; penalty
No person shall catch, take, kill or have in possession any:
a. Black bass, Oswego bass, white bass, rock bass, calico bass or crappie, except during such period as prescribed by the respective provisions of the State Fish and Game Code, or, in the absence of such provisions in said code, except from June fifteenth to November thirtieth, or
b. Trout or landlocked salmon, except during such period as prescribed by the respective provisions of the State Fish and Game Code, or, in the absence of such provisions in said code, except from April fifteenth to July fifteenth, and from September first to September thirtieth; provided, however, no person shall catch, take, kill or have in their possession any trout or landlocked salmon mentioned in this paragraph on the first day of any open season before eight ante meridian, or
c. Pike perch, pike or pickerel, except during such period as prescribed by the respective provisions of the State Fish and Game Code, or, in the absence of such provisions in said code, except from May twentieth to November thirtieth and from the first Saturday in January to the last Sunday in January, or
Angle in the streams stocked with trout with fly, bait or lure during such period as prohibited therefor by the State Fish and Game Code, or, in the absence of such provision in said code, between the first day of March and April fourteenth, both dates inclusive;
Under a penalty of twenty dollars ($20.00) for each fish so unlawfully caught, taken, killed or had in possession or for the attempt to catch, take or kill any such fish, or for any other violation of this section.
Amended by L.1939, c. 327, s. 1; L.1946, c. 47, p. 105, s. 1; L.1947, c. 48, p. 165, s. 1; L.1948, c. 448, p. 1820, s. 67, eff. April 1, 1949.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-2 - Sale of propagated trout or landlocked salmon; tagging

23:5-2. Sale of propagated trout or landlocked salmon; tagging
Trout or landlocked salmon which has been artificially propagated may be sold at any time for food purposes, if properly tagged, pursuant to the authority and in accordance with regulations adopted by the board, or of any duly authorized board, commission or officer of another state in which the trout or landlocked salmon has been propagated. The tag shall be removed only by the consumer, and when so removed shall be destroyed.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-3 - Fishing through ice

23:5-3. Fishing through ice
No person shall take or attempt to take a fish from any of the waters of this State by any means or in any manner through an opening in the ice in these waters, or beneath the ice, prohibited by the State Fish and Game Code, or, in the absence of such provisions in said code, no person shall take or attempt to take a fish from any of the waters of this State by a line with hooks attached thereto, or by any other device, net or tackle operated through an opening in the ice in these waters, or drawn beneath the ice, excepting that:
a. Carp and suckers may be taken through or under the ice by the means, in the manner and during the period, prescribed by said code, or, in the absence of such provisions in said code, with a net through or under the ice between December first and March first next ensuing in each year;
b. Suckers may be taken through the ice by the means and during the period prescribed by said code, or, in the absence of such provisions in said code, by means of hooks directly attached to a rigid handle, the hooks not to exceed three in number, between December first and March first;
c. Pike perch, pike and pickerel may be taken through the ice by the means and during the period prescribed by said code, or, in the absence of such provisions in said code, in the manner known as angling with hand lines or with rod and line, between the first Saturday in January and the last Sunday in January, the number of lines not to exceed ten in number, each of which lines shall not have more than one hook attached. No person shall take, kill, catch or have in possession on one day during such period prescribed by said code, or, in the absence of such provision in said code, from the first Saturday in January and the last Sunday in January, more than the number of perch, pike perch or pickerel, permitted by said code, or, in the absence of such provision in said code, more than ten in the aggregate of perch and pike perch, and ten in the aggregate of pike and pickerel.
Any person who violates any provision of this section shall be liable to a penalty of fifty dollars ($50.00) for each fish unlawfully taken or possessed.
Amended by L.1939, c. 327, s. 2; L.1948, c. 448, p. 1821, s. 68, eff. April 1, 1949.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-7 - Minimum size of certain fish; penalty

23:5-7. Minimum size of certain fish; penalty
No person shall kill, sell, expose for sale or have in possession any black bass, Oswego bass or white bass measuring less than the number of inches prescribed by the respective provisions of the State Fish and Game Code, or, in the absence of such provisions in said code, measuring less than nine inches in length, or any strawberry or calico bass, or crappie measuring less than the number of inches prescribed by the respective provisions of the State Fish and Game Code, or, in the absence of such provisions in said code, measuring less than six inches in length, or any pike perch, pike or pickerel measuring less than the number of inches prescribed by the respective provisions of the State Fish and Game Code, or, in the absence of such provisions in said code, measuring less than twelve inches in length, or any trout measuring less than the number of inches prescribed by the State Fish and Game Code, or, in the absence of such provision in said code, measuring less than seven inches in length, except for the purpose of stocking the waters of this State therewith, and then only at the direction of the division or upon license first obtained from the division under penalty of twenty dollars ($20.00) for each fish so unlawfully killed, sold, exposed for sale or had in possession. The esox fasciatus, commonly known as Long Island pickerel, varied and grass pike, is not included among the fish protected by this section.
Amended by L.1946, c. 74, p. 264, s. 1; L.1948, c. 448, p. 1822, s. 69, eff. April 1, 1949.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-9 - Lobster restrictions

23:5-9. Lobster restrictions
23:5-9. a. (Deleted by amendment, P.L.2002, c.57).
b. (Deleted by amendment, P.L.2002, c.57).
c. (Deleted by amendment, P.L.2002, c.57).
d. (Deleted by amendment, P.L.2002, c.57).
e. (1) The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations providing for the taking and management of the lobster of the genus and species Homarus americanus in the State.
(2) The Commissioner of Environmental Protection shall regulate the lobster fishery in accordance with State policy as set forth in section 2 of P.L.1979, c.199 (C.23:2B-2).
(3) The department shall prepare and issue an annual report on the taking, management, and status of lobster in the State. Copies of the report shall be transmitted to the chairpersons of the Senate Environment Committee and the Assembly Agriculture and Natural Resources Committee, or their successors as designated by the President of the Senate and the Speaker of the General Assembly, respectively, and shall be made available to the public upon request.
Amended 1942, c.110; 1977, c.11; 1979, c.199, s.67; 1983, c.366, s.1; 1996, c.21; 2002, c.57.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-10 - Trout, perch, pickerel, bass, crappie or salmon; limit

23:5-10. Trout, perch, pickerel, bass, crappie or salmon; limit
No person shall take, catch or kill in one day more than the number of trout, pike perch, pickerel, rock bass, crappie, calico bass, salmon, black bass or Oswego bass permitted by the respective provisions of the State Fish and Game Code, or, in the absence of any such provision in said code, more than ten trout, ten pike perch, ten pickerel, twenty rock bass, twenty in the aggregate of crappie and calico bass, ten salmon or ten in the aggregate of black bass and Oswego bass, and under no circumstances shall any person take, catch or kill in any one day more than the number of fish, commonly classed as fresh water game and food fish, permitted by the provisions of the State Fish and Game Code, or, in the absence of such provision in said code, more than twenty-five in the aggregate of fish commonly classed as fresh water game and food fish, under a penalty of twenty dollars ($20.00) for each fish so taken, caught or killed in excess of the number permitted by the respective provisions of said code, or, in the absence of any such provision in said code, in excess of the number permitted by this section.
Amended 1939, c.327, s.3; 1948, c. 448, p. 1823, s. 70, eff. April 1, 1949.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-11 - Fishing, except angling, prohibited; penalty; exceptions

23:5-11. Fishing, except angling, prohibited; penalty; exceptions
Except as otherwise provided in section 23:5-3 of this Title, no person shall take or attempt to take fish from any of the waters of this State by any means prohibited by the State Fish and Game Code, or, in the absence of such provisions in said code, by means of any contrivance, except in the manner commonly known as angling with hand line or with rod and line, under a penalty of twenty dollars ($20.00) for each offense. Eels may be caught at any time by means of wicker eel baskets anchored on the bottom of streams and ponds, and minnows and other bait fish may be taken by such means, in such manner, in such waters, and under such circumstances prescribed by the State Fish and Game Code, or, in the absence of such provisions in said code with a seine not over fifty feet in length in all ponds and lakes which have an area of over one hundred acres, and in all other waters with a seine not over thirty feet in length, but in every such case, all trout, pickerel, bass, pike and pike perch captured therein shall be immediately released therefrom uninjured as far as practicable. Fish may also be taken in any manner under the direction of or by permission given by the Division of Fish and Game for stocking purposes.
Amended by L.1948, c. 448, p. 1824, s. 71.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-13 - Set lines in waters having certain fish prohibited; number of hooks

23:5-13. Set lines in waters having certain fish prohibited; number of hooks
No person shall put, place, use or maintain in any of the waters of this State inhabited by pickerel, pike, pike perch, black bass, Oswego bass, white bass, calico bass, perch or trout, a set line, or use upon a line for the taking of fish in these waters a contrivance having more than nine hooks, or more than three burrs of three hooks attached thereto, under a penalty of twenty dollars ($20.00) for each offense.
Amended by L.1952, c. 103, p. 444, s. 1, eff. April 28, 1952.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-14 - Carp or tench as bait; penalty

23:5-14. Carp or tench as bait; penalty
No person shall use the young of any species of carp or tench for bait in any of the waters of this state, or take to any of such waters the young of any species of carp or tench for the purpose of using the same for bait or for any other purpose, under a penalty of twenty dollars for every such fish so used for bait or taken to such waters.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-15 - Artificial bait; number of hooks; penalty

23:5-15. Artificial bait; number of hooks; penalty
No person shall use, have in possession or offer or expose for sale, any artificial bait with more than nine hooks or more than three burrs of three hooks attached thereto, under a penalty of twenty dollars ($20.00) for each offense.
Amended by L.1946, c. 166, p. 735, s. 1, eff. April 25, 1946.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-15.1 - Possession of unlawful bait; penalty

23:5-15.1. Possession of unlawful bait; penalty
No person shall have in possession any natural bait, live or preserved, any metal, plastic or wooden lures, plugs, spinners, flies, or any such contrivance that might be attached to a line or placed upon a hook for the purpose of catching fish, other than those specified as legal while angling in waters designated as having such restrictions under the Fish and Game Code, under a penalty of $20.00 for each offense.
L.1970, c. 150, s. 1, approved July 24, 1970.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-16 - Taking eels in tidal waters with certain devices

23:5-16. Taking eels in tidal waters with certain devices
No person shall catch or take, or attempt to catch or take, eels from the tidal waters of this State by means or use of a dredge, rake, spear or other device attached to or drawn by a boat or vessel.
Amended by L.1979, c. 199, s. 68, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-17 - Fishing at night for certain fish prohibited; penalty

23:5-17. Fishing at night for certain fish prohibited; penalty
No person shall take, in any manner, any trout, bass, pike perch, pike or pickerel during such hours as is prohibited by the State Fish and Game Code, or, in the absence of such provision in said code, between nine o'clock in the evening and daylight of the morning following, under a penalty of twenty dollars ($20.00) for each fish so taken.
Amended by L.1948, c. 448, p. 1824, s. 72, eff. April 1, 1949.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-24.1 - License to fish with net; possession

23:5-24.1. License to fish with net; possession
No person shall fish with, set, fix, fasten, draw, or drift any net of any description whatsoever, from or in the inland marine waters, bays, coves, rivers, or creeks, or in the Atlantic ocean within 3 nautical miles of the coast line, unless he shall first have procured a license as hereinafter provided or as otherwise provided by this Title, and shall have received the required license and have it in possession at the time of fishing.
L.1941, c. 211, p. 610, s. 1. Amended by L.1948, c. 175, p. 917, s. 1, eff. June 12, 1948; L.1979, c. 10, s. 1, eff. Feb. 5, 1979; L.1980, c. 120, s. 1, eff. Sept. 29, 1980.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-24.2 - Fish-netting license fees

23:5-24.2. Fish-netting license fees
A person intending to take fish with a net in the waters aforesaid shall, except as hereinafter provided, apply to the commissioner for a license therefor, and the commissioner upon receipt of the application and the fee hereinafter prescribed may in his discretion issue licenses for the taking of fish with nets.
a. The commissioner shall establish resident fees within the following ranges:
(1) Haul seines, $25.00 to $50.00 per net;
(2) Fykes, $12.00 to $30.00 per net;
(3) Miniature fykes or pots, $100.00 to $200.00 regardless of the number, provided that not more than two miniature fykes or pots may be used for the taking of eels for bait without a license. Eels taken without a license may not be sold or used for barter;
(4) Bait nets, $10.00 to $50.00 per license;
(5) Drifting gill nets, $20.00 to $50.00 per net;
(6) Staked or anchored gill nets, $3.00 to $10.00 per net;
(7) Pound net, $100.00 to $200.00 per net;
(8) Wire pound net, $25.00 to $100.00 per net;
(9) Parallel nets, $10.00 to $30.00 per net;
(10) Lobster or fish pots, $100.00 to $200.00 regardless of the number of pots used;
(11) Horseshoe crab dredge, $15.00 to $30.00 per vessel;
(12) Shrimp trawl, $12.00 to $30.00 per net.
b. No license shall be required for the following:
(1) Dip nets 24 inches in diameter or less used for the taking of herring for live bait;
(2) Bait seines 50 feet long or less;
(3) Cast nets 20 feet in diameter or less;
(4) Lift or umbrella nets four feet square or less;
(5) Five killi-pots or less measuring not over 10 inches in diameter or 25 inches in length, if cylindrical or 2,000 cubic inches for any other conformation.
Fish taken under this subsection may not be sold or used for barter.
c. Nonresident license fees shall be the same as resident fees if a resident of this State may obtain a license to fish for similar species of fish with similar gear in the nonresident applicant's state for the same fee as a resident of that state. Otherwise, the license fee for a nonresident is 10 times the license fee charged to a resident.
The commissioner may, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), adopt rules and regulations necessary to carry out the provisions of this section.
L. 1941, c. 211, s.2; amended by 1942, c. 174, s. 1; 1948, c. 175, s. 2; 1948, c. 472; 1951, c. 53; 1953, c. 258; 1966, c. 207, s. 1; 1967, c. 302; 1975, c. 116, s. 12; 1979, c. 199, s. 69; 1980, c. 120,s. 2; 1983, c. 366, s. 2; 1985, c. 108; 1987, c. 68, s. 1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-24.3 - Hauling seines; restrictions on use

23:5-24.3. Hauling seines; restrictions on use
No person shall use a hauling seine in the Atlantic ocean within three hundred feet of the coastline, and no hauling seine shall be drawn beneath the ice in any waters.
L.1941, c. 211, p. 611, s. 3. Amended by L.1942, c. 174, p. 539, s. 2, eff. May 13, 1942.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-24.13 - Repeal

23:5-24.13. Repeal
Sections 23:9-59 to 23:9-93, inclusive, 23:9-99, 23:9-101 to 23:9-107, inclusive, and 23:9-113 of the Revised Statutes are repealed.
L.1941, c. 211, p. 614, s. 14.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-28 - Pollution of fresh or tidal waters, penalties

23:5-28. Pollution of fresh or tidal waters, penalties
23:5-28. a. No person shall put or place into, turn into, drain into, or place where it can run, flow, wash, or be emptied into, or where it can find its way into, any of the fresh or tidal waters within the jurisdiction of this State any petroleum products, debris, hazardous, deleterious, destructive, or poisonous substances of any kind; provided, however, that the use of any chemical by any State, county, or municipal government agency in any program of mosquito or other pest control or the use of any chemical by any person on agricultural, horticultural, or forestry crops, or in connection with livestock, or aquatic weed control or structural pest and rodent control, in a manner approved by the Department of Environmental Protection, or discharges from facilities for the treatment or disposal of sewage or other wastes in a manner that conforms to rules and regulations promulgated by the Department of Environmental Protection, shall not constitute a violation of this section. Unintentional dropping of scrap steel into fresh or tidal waters of the State during loading of such scrap steel at ports within the State shall also not constitute a violation of this section if the dropped scrap steel is removed from the waters when that area of the port is next dredged.
b. In case of pollution of fresh or tidal waters by any substances injurious to fish, birds, or mammals, it shall not be necessary to show that the substances have actually caused the death of any of these organisms.
c. A person violating this section shall be liable to a penalty of not more than $6,000 for each offense, to be collected in a summary proceeding under "the penalty enforcement law," N.J.S.2A:58-1 et seq., and in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court shall have jurisdiction to enforce "the penalty enforcement law." If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. The department is hereby authorized and empowered to compromise and settle any claim for a penalty arising under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances. The department may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent any person from violating the provisions of this section and the court may proceed in the action in a summary manner.
Amended 1950,c.49; 1968,c.329,s.1; 1971,c.173,s.11; 1991,c.91,s.280; 1991,c.495,s.1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-29 - Shutting off, drawing off or screening waters prohibited; penalty

23:5-29. Shutting off, drawing off or screening waters prohibited; penalty
No person shall shut off or draw off the waters of any pond, stream or lake in this state or place a screen in a pond, lake or stream without first obtaining permission from the board, under a penalty of one hundred dollars for each offense.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-29.1 - Fish ladder in dams required; penalty

23:5-29.1. Fish ladder in dams required; penalty
It is unlawful to construct a dam in any water of this state which is a runway for migratory fish without installing a fish ladder or other contrivance to permit the fish to pass over the dam in either direction, under a penalty of two hundred dollars.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-30 - Placing carp in public or private waters prohibited; penalty

23:5-30. Placing carp in public or private waters prohibited; penalty
No person shall place any kind of carp, or the seed thereof, in any of the public or private waters of this state, under a penalty of not less than two hundred dollars nor more than five hundred dollars, or imprisonment in the jail of the county where the offense has been committed or where the conviction is had for not less than thirty days nor more than six months, at the discretion of the court or magistrate before whom the conviction is had.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-33 - Article inapplicable to certain private ponds.

23:5-33 Article inapplicable to certain private ponds.
This article shall not apply to the owners or lessees of private ponds stocking such ponds, if they are so constructed as to effectually prevent the carp or the seed thereof from escaping into any of the waters of this State or into private waters owned by other persons.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-35.2 - Taking crabs; license; necessity; exceptions; fees; rules and regulations

23:5-35.2. Taking crabs; license; necessity; exceptions; fees; rules and regulations
No person shall take or attempt to take edible crabs from any of the tidal waters of this State in any manner except by rod, hand line, scoop net operated by hand, or a collapsible trap continuously tended by hand, without a license obtained from the commissioner. The commissioner may grant and set fees for these licenses under such rules and regulations as he may establish and he shall also have the power to propose, adopt, amend and repeal rules and regulations for any taking or any attempt to take and for the protection and propagation of edible crabs in the tidal waters of this State.
L.1980, c. 120, s. 10, eff. Sept. 29, 1980.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-44 - Definitions

23:5-44. Definitions
2. As used in this act:
a. (Deleted by amendment, P.L.1985, c.211).
b. "Marine waters" means all the salt waters of this State, including the waters of the Atlantic Ocean, and all bays, inlets and estuarine waters located below the freshwater portion of any river, stream or creek, but shall not include any of the freshwaters of this State as defined in R.S.23:1-2;
c. (Deleted by amendment, P.L.1985, c.211).
d. "Spearfishing" means the taking of striped bass by means of a spear, harpoon, or other missile, while the swimmer is completely submerged in marine waters, but shall not include the use of blinding lights for the purpose of spearing striped bass, or spears, harpoons or other missiles with exploding heads;
e. "Striped bass" means a game fish of the species "Morone saxatilis" commonly referred to as rockfish, rock or striper.
L.1983,c.506,s.2; amended 1985,c.211,s.1; 1990,c.5,s.1; 1994,c.26,s.1; 1995,c.107,s.1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-45.1 - Daily limit for taking striped bass.

23:5-45.1 Daily limit for taking striped bass.
1. a. Except as permitted pursuant to subsection c. of this section, a person shall not take from the marine waters or other waters of the State in any one day, or have in the person's possession at any time, more than two striped bass. One of the striped bass taken in accordance with this subsection shall be at least 28 inches but less than 43 inches in length, and the other shall be at least 43 inches in length.
b. A person shall not fillet, or remove the head or tail, or parts thereof, of any striped bass at sea, except this subsection shall not apply to striped bass that have been filleted under authority of, and in accordance with, a special permit therefor which may be issued by the Commissioner of Environmental Protection to an inspected vessel licensed to accommodate 15 or more passengers.
c. The Commissioner of Environmental Protection, by public notice placed in the New Jersey Register, shall establish management measures for striped bass in and upon the marine waters and other waters of the State, which management measures shall be consistent with the Interstate Fishery Management Plan for Striped Bass of the Atlantic States Marine Fisheries Commission. Upon the approval of the Atlantic States Marine Fisheries Commission, these management measures shall provide for the taking in one day, or the possession at any time, of striped bass in addition to the two striped bass permitted pursuant to subsection a. of this section and shall include the size and quantity limits and the areas and the seasons for the taking of such additional striped bass.
The department shall monitor the catch provided for in this subsection and provide for its discontinuance as necessary to keep the State in compliance with the allowances of the Atlantic States Marine Fisheries Commission.
L.1987, c.83, s.1; amended 1987, c.416; 1988, c.137, s.1; 1989, c.82, s.1; 1990, c.5, s.2; 1991, c.43, s.1; 1994, c.26, s.2; 1995, c.107, s.2; 2000, c.27; 2004, c.152; 2005, c.340; 2015, c.45, s.2; repealed, 2015, c.45, s.3.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-45.1a - Rules, regulations for taking, management of striped bass.

23:5-45.1a Rules, regulations for taking, management of striped bass.
1. a. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and within one year after the date of enactment of this act, rules and regulations providing for the taking and management of striped bass in and upon the marine waters of the State. These rules and regulations may include, but need not be limited to, possession and bag limits, size limits, seasons, area restrictions, and provisions concerning filleting and the possession of striped bass parts.
b. The Commissioner of Environmental Protection shall regulate the striped bass fishery in accordance with State policy as set forth in section 2 of P.L.1979, c.199 (C.23:2B-2). The rules and regulations adopted pursuant to subsection a. of this section shall be consistent with (1) the Interstate Fishery Management Plan for Striped Bass of the Atlantic States Marine Fisheries Commission, and (2) the provisions of section 2 of P.L.1991, c.43 (C.23:5-45.3), section 5 of P.L.1983, c.506 (C.23:5-47), and any other applicable State law concerning striped bass.
L.2015, c.45, s.1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-45.2 - Closed season for striped bass, except Atlantic Ocean

23:5-45.2. Closed season for striped bass, except Atlantic Ocean
a. No person may take, or attempt to take, or have in his possession, any striped bass from any waters of the State, except the Atlantic Ocean, from January 1 through February 28 of each year.
b. The department shall, by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), implement a closed season for the striped bass spawning area of the Delaware river during the spawning period.
L.1990,c.5,s.3.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-45.3 - Sale of striped bass prohibited

23:5-45.3. Sale of striped bass prohibited
No person shall sell, barter, possess for sale or barter, or offer for sale or barter any striped bass, whether caught within the jurisdictional limits of this State or otherwise, provided that this section shall not prohibit the shipment or transportation of striped bass from another state or country into the State which is destined for shipment or transportation out of the State or prohibit the sale of commercially raised hybrid striped bass.
L.1991,c.43,s.2.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-47 - Lawful methods

23:5-47. Lawful methods
No person shall take, catch or kill a striped bass from or in any of the marine waters of this State by means of a net or by any method other than by hook and line or by spearfishing as defined. Nothing in this section shall preclude the use of a landing net or gaff in landing a striped bass caught on hook and line, except that it shall be unlawful to foul hook striped bass.
L. 1983, c. 506, s. 5, eff. Jan. 17, 1984. Amended by L. 1985, c. 211, s. 3, eff. June 28, 1985.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:5-48 - Violations; penalties

23:5-48. Violations; penalties
A person who violates any of the provisions of this act shall be subject to the penalties set forth in section 73 of P.L.1979, c. 199 (C. 23:2B-14).
L.1983, c. 506, s. 6, eff. Jan. 17, 1984.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:6-1 - Penalty for permitting; destruction of contrivances

23:6-1. Penalty for permitting; destruction of contrivances
No owner, lessee or tenant of any property shall permit the erection, construction or maintenance thereon of any of the contrivances for the unlawful taking of fish and game prohibited under the provisions of this Title, or permit the unlawful setting of any fyke or other net or the unlawful drawing of any net upon such property, under a penalty of twenty dollars ($20.00) for each offense. Such owner, lessee or tenant shall immediately destroy all such unlawful contrivances found or placed upon his premises, and no action for damages shall lie or be maintained against any property owner, lessee or tenant for the destruction.
Amended by L.1948, c. 448, p. 1824, s. 73, eff. April 1, 1949.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:7-1 - Trespassing prohibited; posting notice; private notice; penalties

23:7-1. Trespassing prohibited; posting notice; private notice; penalties
23:7-1. A person who trespasses on the lands of another for the purpose of hunting, fishing, trapping, or taking wildlife, or attempting to hunt, fish, trap, or take wildlife, after notice bearing the name of the owner, occupant, or lessee thereof, forbidding the trespass, has been conspicuously posted by the owner, occupant, or lessee with intervisible signs displayed not fewer than ten to a mile along the exterior boundaries and at all roads, trails and rights-of-way entering such land, or after having been forbidden so to trespass by the owner, occupant, or lessee, shall be liable to a civil penalty of not less than $100.00 nor more than $200.00 for the first offense, and not less than $200.00 nor more than $500.00 and the suspension of all license certificates required, and all privileges, to take or possess wildlife for a period of five years, in addition to any applicable penalty prescribed pursuant to R.S.23:3-22, for each subsequent offense.
A license certificate or privilege suspended pursuant to this section shall not be reinstated until the holder thereof has first completed, to the satisfaction of the Division of Fish, Game and Wildlife, the approved remedial sportsmen education program established and conducted by the division pursuant to section 12 of P.L.1990, c.29 (C.23:3-22.3).
Amended 1948,c.229,s.1; 1990,c.29,s.3.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:7-1.1 - Littering prohibited; penalty

23:7-1.1. Littering prohibited; penalty
A person entering the lands of another for the purpose of hunting, fishing, trapping, or taking wildlife, or attempting to hunt, fish, trap, or take wildlife, who litters, dumps, or discards refuse of any kind shall be liable to a civil penalty of not less than $25.00 nor more than $500.00 for each offense.
L.1990,c.29,s.4.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:7-1.2 - Archaeological findings in wildlife management area protected.

23:7-1.2 Archaeological findings in wildlife management area protected.
4. a. (1) Except as may be provided pursuant to subsection c. of this section, no person may alter, deface, destroy, disturb, or remove any archaeological findings in any wildlife management area administered by the Department of Environmental Protection, without the written permission of the department. As used in this section, "archaeological findings" shall include, but need not be limited to, relics, objects, fossils, or artifacts of an historical, prehistorical, geological, paleontological, archaeological or anthropological nature.
(2) No person may sell, transfer, exchange, transport, purchase, receive or offer to sell, transfer, exchange, transport, purchase or receive any such archaeological findings originating in a wildlife management area without the written permission of the Department of Environmental Protection.
b. A person who knowingly violates, or who solicits or employs any other person to violate, the provisions of subsection a. of this section shall be subject to the following penalties: a fine of not less than $750 nor more than $1,500 for the first offense; a fine of not less than $1,500 nor more than $3,000 for the second offense; and a fine of not less than $3,000 nor more than $5,000 for any subsequent offense. Penalties assessed pursuant to this subsection shall be collected in a civil action by a summary proceeding. Any vessel, vehicle or equipment used in the commission of the violation shall be subject to confiscation and forfeiture to the State, if warranted, as determined by the courts. Further, restitution and damages may be ordered to compensate the State for the cost of remediating any violation of this section and for the value of any lost, damaged, or destroyed archaeological findings. All fines, restitution payments, and damages collected shall be remitted to the Department of Environmental Protection to be used for the preservation, remediation or protection of State archaeological sites. Any archaeological findings obtained as a result of a violation of this section shall be subject to confiscation, forfeiture, and return to the State and, upon recovery, shall be deposited with the New Jersey State Museum.
c. The Department of Environmental Protection shall provide for exceptions to the prohibitions set forth in subsection a. of this section for archaeological findings of de minimis value innocently discovered in any wildlife management area.
d. Notwithstanding any provision of this section to the contrary, examination or retrieval of artifacts, or scientific research, conducted by a State department, agency, commission, authority or corporation otherwise required or permitted by federal or State law are exempt from the provisions of this section.
L.2004,c.170,s.4.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:7-2 - Arrest of offender; trial; failure to show permit

23:7-2. Arrest of offender; trial; failure to show permit
23:7-2. A person violating the provisions of R.S.23:7-1 may be arrested without warrant by the owner, occupant, lessee, or any police officer and taken for trial before any Superior Court or municipal court which shall have jurisdiction to try such offender.
In a prosecution in a court of competent jurisdiction for violation hereof, the failure of the defendant to produce written permission to hunt, fish, trap, or take wildlife, as the case may be, on the lands on which he is charged with trespassing, signed by the owner, occupant, or lessee thereof shall be prima facie proof that he was forbidden so to trespass.
Amended 1953,c.23,s.4; 1990,c.29,s.5; 1991,c.91,s.281.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:7-3 - Causing injury to property while hunting or fishing; penalties

23:7-3. Causing injury to property while hunting or fishing; penalties
23:7-3. A person who, while hunting, fishing, trapping, or taking wildlife, causes or assists in causing damage or injury to real or personal property of another, including pet animals, shall be liable to a civil penalty not to exceed $2,000.00, which sum shall be paid to the Division of Fish, Game and Wildlife for deposit in the hunters' and anglers' license fund established pursuant to R.S. 23:3-11, and (1) for a first offense, suspension of all license certificates required, and all privileges, to take or possess wildlife for a period of five years, or (2) for a second offense, permanent revocation of all such license certificates and privileges. A court may also order the violator to pay restitution to the victim for any such damage or injury caused.
A license certificate or privilege suspended pursuant to this section shall not be reinstated until the holder thereof has first completed, to the satisfaction of the Division of Fish, Game and Wildlife, the approved remedial sportsmen education program established and conducted by the division pursuant to section 12 of P.L.1990, c.29 (C.23:3-22.3).
Amended 1947, c.303; 1948, c.229, s.2; 1990,c.29,s.6.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:7-6 - Posting by other than owner or lessee prohibited

23:7-6. Posting by other than owner or lessee prohibited
It shall be unlawful for any person to place notices or signs forbidding hunting, fishing or trapping on any property in this state unless he be the owner or lessee of such property.