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Old 01-09-2008, 12:26 PM
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Default REGULATIONS QUESTION

If a boat is leaving from and returning to a NY port and Fishing NJ waters; what states regulations are used?
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Old 01-09-2008, 12:32 PM
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Default Re: REGULATIONS QUESTION

both
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Old 01-09-2008, 12:43 PM
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Default Re: REGULATIONS QUESTION

I wouldn't want to come back to the dock in NY with Jersey reg fish. Fish don't have license plates on them. It's gonna be awful hard to prove to the game warden where you caught the fish.
I fish Raritan Bay and I'm constantly switching back and forth between NY & NJ waters. I'm registered in NY and I always keep NY regs.
I always thought that fishing regs should be area specific instead of state specific. NY,NJ, & Ct should be the same regs.
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Old 01-09-2008, 01:03 PM
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Default Re: REGULATIONS QUESTION

I too fish Raritan..I live in NY but keep the boat in NJ.. When I'm "border hopping" I always abide by whichever state's regs I happen to be in.. If I'm checked by NY DEC and have fish that are short/ over limit for NY they will not care that I am returning to NJ.. and vice versa with NJ DEP..if they check me at the dock they won't care where I claim to have caught 'em. I agree that there should be more consistency between states that fish the same waters, but I'm glad I got to use Jerseys fluke regs this past year..NY keepers where alot tougher to come by..
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Old 01-10-2008, 12:28 AM
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Default RE: REGULATIONS QUESTION

The answer to your question is the regulations of whichever jurisdiction you are in apply to you while in that jurisdiction. So when you leave the dock in New York until you enter New Jersey waters, you are subject to NY regulations. Once over the border into NJ, you are subject to NJ regulations as long as you are in NJ waters. So you have to be sure to be in compliance with NY rules while in NY and NJ rules while in NJ. This ignores the practical realities, but that is what you have to do. So with things like catch limits and minimum sizes, you would do well to comply with the more restrictive limits of the two if you want to avoid any risk of getting in trouble with the authorities.
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Old 01-10-2008, 04:44 AM
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Default Re: REGULATIONS QUESTION

Not being from the area are the regulations that much different between states that its worth taking a chance explaining your catch? Are we talking an or two on a striper or is there a huge difference?
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Old 01-10-2008, 04:55 AM
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Default Re: REGULATIONS QUESTION

The only way to ensure compliance is to follow the "Most Restrictive Rule" methology.
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Old 01-10-2008, 05:07 AM
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Capt Dave - 1/10/2008 3:55 AM

The only way to ensure compliance is to follow the "Most Restrictive Rule" methology.
EXACTLY!!!
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Old 01-10-2008, 06:50 AM
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Default Re: REGULATIONS QUESTION

The rules usually regulate the size and number of fish in your "possession." As in, "it's illegal to possess a striped bass under 28 inches" etc. So, it doesn't matter where you "catch" them, only where you "possess" them when you get stopped and checked. So as stated above, "most restrictive rule" is the one you should fish by to avoid a fine.
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Old 01-10-2008, 11:56 AM
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Default Re: REGULATIONS QUESTION

This is a really interesting dilemma. You have similar problems between federal and state waters. I called the NOAA to ask about clear clarification on possessing and fishing cod during the winter. I forget the guys name I spoke to in Gloucester, but he was very helpful in detailing everything and how I could fish legally. He said all federal waters weren't closed to cod and I could fish outside the federal closure zone, say on Georges Bank (theoretical - I'd never be out there). I then explained that I would have to pass through Stellwagen and state waters to get home so I would, at several points in my journey, be in areas where my catch would violate regs. He said as long as the rods are secured and have no tackle on them you can possess even 100 cod on Stellwagen in the winter. The same would be true for state waters.

I would think this would still apply between states. But then as said, you have to prove where you caught them. The most restrictive rule is the safest way to go, but I thought I'd share that conversation for the sake of discussion

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Old 01-10-2008, 12:30 PM
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Default Re: REGULATIONS QUESTION

mcleaves, between federal waters/state waters as compared to state waters/state waters is different. What the guy from NOAA told you is correct and well published. One more bit of advice would be to not stop the boat when transistioning the state waters. Stopping the boat for any length of time would indicate to a distant boat observing you that you "may be" fishing and would be an invitation to get boarded.
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Old 01-10-2008, 02:11 PM
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Default Re: REGULATIONS QUESTION

Let's say you had a boat slip in Staten Island. Hopped in your boat went around Sandy Hook and caught fluke based on last years regs. Isn't it based on where your port of call is? So in this case you could only retain 191/2 inch fluke. Just throwing a scenerio out there......
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Old 01-11-2008, 07:12 PM
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Default Re: REGULATIONS QUESTION

That's my scendario exactly. I'm docked in S.I. and I fished for fluke all around The Hook. I always went by NY's regs. Gave a few nice fluke away to some Jersey boats.
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Old 01-11-2008, 10:15 PM
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Default Re: REGULATIONS QUESTION

Quote:
ParkerBoys - 1/10/2008 1:11 PM

Let's say you had a boat slip in Staten Island. Hopped in your boat went around Sandy Hook and caught fluke based on last years regs. Isn't it based on where your port of call is? So in this case you could only retain 191/2 inch fluke. Just throwing a scenerio out there......
nope. It's what you have in your POSSESSION when (and where) you get stopped.NYS classifies the limits as "daily possession limits," not "daily catch limits" so if it's in your possession, you're subject to the local regs.
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Old 01-12-2008, 04:35 PM
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Default Re: REGULATIONS QUESTION

Quote:
captsuperfly - 1/11/2008 9:15 PM

Quote:
ParkerBoys - 1/10/2008 1:11 PM

Let's say you had a boat slip in Staten Island. Hopped in your boat went around Sandy Hook and caught fluke based on last years regs. Isn't it based on where your port of call is? So in this case you could only retain 191/2 inch fluke. Just throwing a scenerio out there......
nope. It's what you have in your POSSESSION when (and where) you get stopped.NYS classifies the limits as "daily possession limits," not "daily catch limits" so if it's in your possession, you're subject to the local regs.
You can catch your limit of Jersey legal 17-19 1/2" fish, and if you are stopped while still in NJ waters you are perfectly legal. The problem is once you cross back into NY waters on your way home, the catch now becomes illegal.
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Old 01-13-2008, 12:40 PM
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Default Re: REGULATIONS QUESTION

You think it's bad there? I fish out of new london, so I have CT, RI, NY (Fishers Island is NY), and Federal regs (I fish offshore regularly) to contend with. They are always different.

Most restrictive rule always applies on my rig.

What is really going to suck is when CT passes a swl, and then I have to get one for every person on board, plus I'll have to get a different one for NY (they will never agree to reciprocity), and I will still have to register with the feds because they won't approve CT's swl under the MS act (too many exemptions).

It will be cheaper/simpler to get a captains license and claim charter status for every rec trip.
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Old 01-13-2008, 06:17 PM
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Default Re: REGULATIONS QUESTION

Quote:
gerg - 1/13/2008 11:40 AM

You think it's bad there? I fish out of new london, so I have CT, RI, NY (Fishers Island is NY), and Federal regs (I fish offshore regularly) to contend with. They are always different.

.
I was thinking the same thing.

It was a pain with the fluke regs.... different size and QTY were from each state! I think NY was 19.5 inches and four fluke..... ct was 17.5 or something......

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Old 01-13-2008, 08:34 PM
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Default Re: REGULATIONS QUESTION

Then why not just follow federal regs? Seems a lot easier unless you get picked up actualyl FISHING. But if if it's an issue of POSSESSION then you got 'em in fedreal waters. As was pointed out you can run federal reg'd fish back into state waters. At least in my neck of the woods that's very easy to believe since I'm in federal waters 15 minutes out of port.

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