N.J. Stat. tit. 23, ch. 10

in effect

N.J. Stat. § 23:10-1 Provisions of title enforced and penalties recovered in accordance with chapter

All provisions contained in this Title, in any law supplementary thereto and in the State Fish and Game Code for the protection of fish, game and birds, or in any manner prohibiting or regulating the taking or possession of the same, shall, except as otherwise specifically provided, be enforced and all penalties for the violations thereof shall be recovered in accordance with the provisions of this chapter. Amended by L.1948, c. 448, p. 1826, s. 77, eff. April 1, 1949.

N.J. Stat. § 23:10-2 Jurisdiction

23:10-2. The Superior Court and municipal court, hereinafter in this chapter referred to as the "court," shall, except as otherwise specifically provided, have jurisdiction to try and punish any person violating any provision of this Title, any provision of any law supplementary thereto or any provision of the State Fish and Game Code, and every penalty prescribed for such violation may be enforced and recovered before such court in a summary proceeding in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) either in the county or municipality where the offense is committed or where the offender is first apprehended or where he may reside. Amended 1948,c.448,s.78; 1953,c.23,s.6; 1991,c.91,s.282.

N.J. Stat. § 23:10-3 Who may institute proceedings

23:10-3. Proceedings for the recovery of penalties for the violation of any provision of this Title, any provision of any law supplementary thereto, or any provision of the State Fish and Game Code shall be brought in the name of the State, by a duly commissioned warden, deputy warden, police officer, or a member of any regularly incorporated fish and game protective association, or the fish and game protector as prosecutor, and no such proceeding shall be instituted by any other person unless specifically authorized by law. Amended by L.1948, c. 448, p. 1826, s. 79; 2023, c.250, s.25.

N.J. Stat. § 23:10-4 § 23:10-4

Proceedings under this chapter may be instituted on any day of the week including Sunday and process may be served on Sunday.

N.J. Stat. § 23:10-5 Arrest on view without warrant; interference with or resisting officer

23:10-5. Any police officer, fish and game warden, protector, or deputy warden, or any officer or member of any incorporated game protective society may, for a violation of any provision of this Title, or any provision of any law supplementary thereto, or of any provision of the State Fish and Game Code committed within the view of any such officer or person, arrest, without warrant, the offender and carry him before a court in the county wherein such arrest is made. Any person or persons who shall, by threat, menace or force, or in any manner, attempt to deter or prevent any fish and game warden or other person authorized to make arrests for violation of the fish and game laws of this State, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code from enforcing or carrying into effect any provisions of this Title, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code or who shall resist arrest or the seizure of boats or nets or other apparatus illegally used, shall be subject to a fine of one hundred dollars ($100.00). Amended by L. 1939, c.106, s.1; L.1948, c. 448, p. 1827, s. 80; L.1953, c. 23, p. 452, s. 7, eff. March 19, 1953; amended 2023, c.250, s.26.

N.J. Stat. § 23:10-12 § 23:10-12

No person shall be excused from giving evidence in any proceeding under this chapter, on the ground that it might tend to convict him or render him liable to prosecution hereunder, but such evidence shall not be received against him in any such prosecution.

N.J. Stat. § 23:10-14 § 23:10-14

If any person shall fail to pay the penalty or penalties so imposed, together with the costs of proceedings, the court shall commit him to the common jail of the county where such conviction is had, for a period not exceeding ninety days, or until the penalty and costs are paid.

N.J. Stat. § 23:10-15 Release on probation; payment of fine in installments

If the record of a person convicted of a violation of this Title, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code shall, in the judgment of the court in which the conviction is had, so justify, the court may order him to be released on probation under the care of the probation officer of the county, the payment of a fine and costs of proceedings to be paid to the probation officer in weekly installments of such sum as he may determine. This money shall inure to the benefit of the Division of Fish and Game, and the probation officer shall account for and turn over the same or any other money collected by him on account thereof to the Division of Fish and Game for its uses and purposes. Amended by L.1948, c. 448, p. 1830, s. 86, eff. April 1, 1949.

N.J. Stat. § 23:10-17 § 23:10-17

The fish and game protector, fish and game wardens and deputy wardens shall have the same power as constables and be entitled to the same fees for the service of process in proceedings under this chapter as are provided by law for constables in the court in which the proceedings are had.

N.J. Stat. § 23:10-19 Use of moneys recovered for violations

All moneys recovered for violations of this Title, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code shall, except as otherwise specifically provided, be paid to the Division of Fish and Game for its use and purposes. Any court or person receiving such moneys for violations of this Title, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code, who fails to forward the same to the Division of Fish and Game within thirty days after receipt of same shall be guilty of a misdemeanor. Amended by L.1948, c. 448, p. 1830, s. 87, eff. April 1, 1949.

N.J. Stat. § 23:10-20 Searches and seizures; immunity from civil suit.

23:10-20. A member of the Fish and Game Council and any conservation police officer may, without warrant search and examine any boat, conveyance, vehicle, fish box, fish basket, game bag, game coat, or other receptacle for game and fish, when he has reason to believe that a provision of this Title, or any law supplementary thereto, or the State Fish and Game Code has been violated, and shall seize and take possession of any firearms, bows and arrows, shells or cartridges, fishing rods and reels, fishing lines, knives, lights, slingshots, traps, spears, spear guns, or any other article or equipment that has been illegally used or any bird, animal or fish unlawfully caught, taken, killed, had in possession or under control, shipped or about to be shipped. A court, upon receiving proof of probable cause for believing in the concealment of a bird, animal or fish so unlawfully caught, taken, killed, had in possession or under control, shipped or about to be shipped, shall issue a search warrant and cause a search to be made in any place, and to that end, may, after demand and refusal, cause any building, inclosure, or car to be entered, and any apartment, chest, box, locker, crate, basket, or package to be broken open and its contents examined by a member of the Fish and Game Council or any conservation police officer. All firearms, bows and arrows, shells or cartridges, fishing rods and reels, fishing lines, knives, lights, slingshots, traps, spears, spear guns, or any other article or equipment that has been illegally used and seized by a member of the council or any conservation police officer shall be returned to the defendant when and if the case has been dismissed, if he has been found not guilty, or if he has been convicted and has paid the penalty and costs imposed, if any. The member of the council or conservation police officer shall not be liable for damages by reason of any such search or the seizure of any nets or fishing, hunting or trapping apparatus in accordance herewith. amended 1948, c.448, ss.88,122,123; 1972, c.184; 2019, c.407, s.14.

N.J. Stat. § 23:10-21 Forfeiture of apparatus; procedure

23:10-21. A person found using a seine, gill, drift, anchor or sink net, fixed net, trap, pot, pound, set line, fyke, weir or other apparatus for the taking of fish in any waters of this State in violation of this Title, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code shall, in addition to the penalties prescribed, forfeit the same. All constables, sheriffs, fish and game wardens and the fish and game protector shall, and any other person may, seize and secure the same, and shall immediately thereafter institute a proceeding for the confiscation thereof in the Superior Court or in the municipal court within the jurisdiction of which, the seizure is made. The court may proceed in a summary manner and may make direct confiscation and forfeiture of the same to the division's use, which division may dispose thereof at its discretion. Amended 1948,c.200; 1948,c.448,s.89; 1953,c.23,s.17; 1991,c.91,s.283.

N.J. Stat. § 23:10-21.1 Illegal apparatus used for fishing; confiscation

Any seine, gill, drift, anchor or sink net, fixed net, trap, pot, pound, set line, fyke, weir or other apparatus for the taking of fish found in use in any of the waters of this State, in which the use thereof is in violation of any law or any provision of the State Fish and Game Code, the ownership of which is not known, shall be forfeited and any fish and game warden may seize the same and if the same is claimed within thirty days, the warden shall proceed in relation thereto in the manner provided in section 23:10-21 of the Revised Statutes, and, if it is unclaimed within said time, he shall turn the same over to the Division of Fish and Game in the Department of Conservation and Economic Development, which division may dispose thereof at its discretion. L.1952, c. 70, p. 396, s. 1, eff. April 23, 1952.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026