N.J. Stat. tit. 23, ch. 9

N.J. Stat. tit. 23, ch. 9
in effect

N.J. Stat. § 23:9-3 Waters affected by article

The provisions of this article shall affect and apply only to the propagation, catching, taking and protection and destruction of fish in the waters of the Delaware river above and below Trenton falls, lying between the commonwealth of Pennsylvania and the state of New Jersey.

N.J. Stat. § 23:9-4 Common rights to fish

The inhabitants of the commonwealth of Pennsylvania and of the state of New Jersey shall have and enjoy a common right of fishery throughout, in and over the waters of the Delaware river above and below Trenton falls, between low-water mark on each side of said river between said states except so far as either state may have heretofore granted valid and subsisting private right of fishery.

N.J. Stat. § 23:9-5 Game, bait and food fish defined

As used in this article: "Game fish" means black bass or small-mouth bass; large-mouth bass, otherwise called Oswego or yellow bass; strawberry or calico bass; rock bass, otherwise known as redeye or goggle-eye; white bass; crappie; pike perch, otherwise called wall-eyed pike or Susquehanna salmon; pike; pickerel; char, commonly called brook or speckled trout, or any form of trout. "Bait fish" means all species of minnows, killifishes and stone catfish. "Food fish" means all other species or varieties of fish whatsoever.

N.J. Stat. § 23:9-6 Manner and means of fishing for game fish; fine

No person shall catch or fish for any game fish or any sunfish or any white or yellow perch in any part of the Delaware river above or below Trenton falls with any device or by any means or method whatsoever, except with such devices or by such means or method as shall be prescribed in the State Fish and Game Code, or if none are so prescribed, then except with rods and lines or hand lines, commonly called dipsey or throw lines, each having not more than 9 hooks, or with trolling lines with spoon or artificial bait having not more than 3 burrs of 3 hooks attached. The number of rods and lines, or the number of trolling lines shall not exceed such numbers as shall be prescribed in said code, or if none are so prescribed, then they shall not exceed 2 of 1 or the other device named. Any person violating any provisions of this section shall be subject to a fine of $20.00. Amended by L.1955, c. 99, p. 550, s. 1, eff. June 24, 1955.

N.J. Stat. § 23:9-7 Manner and means of fishing for bait fish; fine

No person shall fish for bait fish in the Delaware river above or below Trenton falls except with such devices as shall be prescribed in the State Fish and Game Code, or if none are so prescribed then except with the following devices, to wit: Rods and lines and hand lines with not more than 3 hooks attached; a minnow seine not more than 100 feet in length; a dip net not more than 5 feet square; a minnow trap, the opening of which shall not be more than 1 1/4 inches in diameter; a scoop net with a single handle and with a diameter of not more than 2 feet. Any person who uses any other device, method or means for catching bait fish, other than those specified in said code or in this section shall be subject to a fine of $20.00. Amended by L.1955, c. 99, p. 550, s. 2.

N.J. Stat. § 23:9-8 Manner and means of fishing for food fish; fine

No person shall fish for food fish in the Delaware river below Trenton falls with any device, method or means, except as shall be prescribed in the State Fish and Game Code, or if none are so prescribed then excepting by the following devices and under regulations and restrictions hereinafter described, to wit: A seine, a gill net, an eelpot, or fyke net, each without wings, a parallel net, or stake net at the edge of low water, and rods and lines, or hand lines, otherwise known as dipsey or throw lines, each having not more than 3 hooks. No person shall fish for food fish above Trenton falls with any device, method or means except as shall be prescribed in the State Fish and Game Code, or if none are so prescribed in said code, then excepting the following devices and under regulations and restrictions hereinafter described, to wit: A seine, an eelpot or a fyke net, each without wings, and rods and lines or hand lines, otherwise known as dipsey or throw lines, each having not more than 3 hooks. The number of rods and lines or hand lines shall not exceed such number as shall be prescribed in the State Fish and Game Code, or if none are so prescribed then they shall not exceed 3 of 1 or other device named. Any person who shall use or employ any method or device for catching food fish other than such as shall be prescribed in the State Fish and Game Code, or if none are so prescribed then other than those named in this section, or shall use or employ any device prescribed in said code or named in this section contrary to the regulations or restrictions hereinafter mentioned, as the case may be, shall be subject to a fine of $20.00. Amended by L.1955, c. 99, p. 551, s. 3.

N.J. Stat. § 23:9-9 Taking sturgeon; taking other food fish with seine or gill net; fine; forfeiture of appliances

No person shall catch and take or attempt to catch and take sturgeon from the Delaware river above or below Trenton falls, with any device excepting a seine or gill net, the meshes of which shall not be less than thirteen inches stretched measure while being fished, or catch and take or attempt to catch and take any other food fish from said waters with a seine the meshes of which shall be less than two and one-half inches stretched measure while being fished, or any gill net the meshes of which shall be less than five and one-quarter inches stretched measure while being fished; provided, that gill nets with a mesh not smaller than three inches may be used from March first to June tenth in each year for the purpose of taking herring only. No person shall catch and take or attempt to catch and take any food fish, except sturgeon, by means of a seine or gill net between June tenth in each and every year and March first next ensuing, provided that suckers may be taken with a seine only from October fifteenth in each and every year to March fifteenth next ensuing. No person shall use gill nets as provided in this section in the Delaware river above Trenton falls. Any person who shall violate any of the provisions of this section shall be subject to a fine of one hundred dollars, together with a forfeiture of all nets, boats and appliances used.

N.J. Stat. § 23:9-10 Use of certain nets prohibited; fine; forfeiture of appliances

No person shall catch and take or attempt to catch and take fish of any kind from the Delaware river above or below Trenton falls, with a pound net or net of any character which is anchored or staked, or fastened down in any manner, permanently or otherwise, or use any net so anchored or fastened down in any manner. No net of any kind or character shall be used for the purpose of catching and taking fish in said waters within one-half mile above or below the mouth of any river, creek or stream emptying into said Delaware river above or below Trenton falls. Any person who shall violate any of the provisions of this section shall be subject to a fine of twenty dollars, together with the forfeiture of boats, nets and other appliances used.

N.J. Stat. § 23:9-11 Prohibited hours for fishing; fine; forfeiture of appliances

No person shall catch and take or attempt to catch and take fish of any kind or description from the Delaware river above or below Trenton falls, by means of a net, or use a net of any character in the waters aforesaid between Saturday at two P.M. and twelve o'clock midnight Sunday night in each week. Any person violating any of the provisions of this section shall be subject to a fine of one hundred dollars, together with a forfeiture of all nets, boats and other appliances used.

N.J. Stat. § 23:9-12 Catching food fish with lines; season for game fish; fine

It shall be lawful to catch food fish with rods and lines and hand lines, and trolling lines as described in section 23:9-6 of this Title, at any time of the year in the Delaware river above or below Trenton falls. No person shall fish for and take game fish, excepting during such periods as shall be prescribed in the State Fish and Game Code, or if none are so prescribed then except from June 15 to December 1, inclusive, in each year; provided, that any char, commonly called brook or speckled trout, or any form of trout, may only be taken between April 15 and July 31, both dates inclusive, in each year unless otherwise prescribed in said code. Any person violating any of the provisions of this section shall be subject to a fine of $10.00 for each and every fish so taken. Amended by L.1955, c. 99, p. 552, s. 4, eff. June 24, 1955.

N.J. Stat. § 23:9-13 Bag limit on game fish

No person shall take, catch, kill, or have in possession in any 1 day more than such number in all of black and Oswego bass, rock bass, calico bass and crappie, perch or wall-eyed pike, pickerel or trout as shall be prescribed in the State Fish and Game Code, or if no such numbers are so prescribed then more than 10 in all of black and Oswego bass, 20 rock bass, 20 in all of calico bass and crappie, 10 pike perch or wall-eyed pike, 10 pike, 10 pickerel, or 20 trout, under a penalty of $20.00 for each fish so taken, caught, killed, or possessed in excess of the number permitted by this section. Amended by L.1955, c. 99, p. 552, s. 5.

N.J. Stat. § 23:9-14 Use of eelpots and fyke nets; fine; forfeiture of appliances

No person shall use eelpots and fyke nets, each without wings, in the Delaware river, above or below Trenton falls, during any period which shall be prescribed in the State Fish and Game Code, or if no such period is so prescribed then from June 1 to July 1, in each year, both dates inclusive, but it shall be lawful to use eelpots and fyke nets, each without wings, during any period which shall be prescribed in the State Fish and Game Code, or if no such period is so prescribed then from July 1 to May 31, both dates inclusive, in each year, for the purpose of catching carp, catfish, eels and suckers only. All other species of fish which may be caught in said nets must be returned unharmed immediately to the waters from which taken; provided, that the entrance of said eelpot or fyke net shall not be more than of such diameter and the outside diameter thereof shall not be more than of such dimensions as shall be prescribed in the State Fish and Game Code, or if no such dimensions are so prescribed then that the entrance of said eelpot or fyke net shall not be more than 6 inches in diameter and the outside diameter not more than 30 inches. Any person violating any of the provisions of this section shall be subject to a fine of $20.00, together with a forfeiture of all nets, boats and other appliances used. Amended by L.1955, c. 99, p. 553, s. 6.

N.J. Stat. § 23:9-15 Use of parallel nets prohibited; fine; forfeiture of appliances

No person shall use a parallel net, otherwise a net set approximately parallel with the shore in the Delaware river below Trenton falls and at low-water mark, between June first and August thirty-first in each year, and it shall be lawful to use such parallel net below Trenton falls from September first to May thirty-first, inclusive, next ensuing, in each year, for the purpose of taking carp only; provided, that the meshes of said net be not less than three and one-half inches stretched measure when being fished; provided, that seines not smaller than two and one-half inch mesh may be used from September first to May thirty-first of each year for the purpose of taking carp only; and provided, further, that no such net shall be set in such manner as to impede navigation. All other fish must be returned unharmed to the water beyond low-water mark. Any person violating any of the provisions of this section shall be subject to a fine of one hundred dollars, together with a forfeiture of all nets and other appliances used.

N.J. Stat. § 23:9-16 Size of certain fish; fine

No person shall catch and take or attempt to catch and take from the Delaware river above or below Trenton falls, in any manner whatsoever, any of the fish hereinafter described of greater weight or less length than shall be prescribed in the State Fish and Game Code, or if no such weight or length is so prescribed, then any striped bass, otherwise known as rockfish, weighing more than 20 pounds or measuring less than 10 inches in length, or any sturgeon less than 5 feet in length, or any black bass, or any small-mouth bass, large-mouth bass, otherwise known as Oswego or yellow bass, less than 9 inches in length, or any pike, or pickerel, or any pike perch, otherwise known as wall-eyed pike or Susquehanna salmon, less than 12 inches in length, or any calico or strawberry bass, crappie, white bass, rock bass, otherwise known as redeye or goggle-eye, or trout or char, less than 6 inches in length. Any fish of less length than those described, or any striped bass, commonly called rockfish, weighing more than such weight as shall be prescribed in the State Fish and Game Code, or if no such weight is so prescribed then more than 20 pounds, which may be caught must be returned immediately to the water. Nothing in this section shall be so construed as to prevent the fishery authorities of the Commonwealth of Pennsylvania or of the State of New Jersey capturing fish of any size from said waters, or at any time of the year, or in any manner for propagating purposes and for stocking other waters in their respective States through their authorized representatives. Any person who shall violate any of the provisions of this section shall be subject to a fine of $10.00 for each and every fish so caught and had in possession. Amended by L.1955, c. 99, p. 553, s. 7, eff. June 24, 1955.

N.J. Stat. § 23:9-17 Interference with or injury to nets; fine

No person shall, by boat, anchor, dredge, or otherwise, in the Delaware river above or below Trenton falls, willfully and without reasonable cause, interfere with, break, damage or destroy any drifting gill net or hauling seine or nets of any description being lawfully used. No person shall, in the Delaware river below Trenton falls, drift a gill net over the waters of a shore fishery while the hauling seine is being used. Any person violating any of the provisions of this section shall be subject to a fine of twenty dollars.

N.J. Stat. § 23:9-19 Purchase, sale or possession of fish except during lawful period prohibited; fine

No person shall purchase, sell or offer for sale, or have in possession any fresh dead game fish or food fish, except during the lawful period for catching the same and the space of six days after such period has expired. Any person violating any of the provisions of this section shall be subject to a fine of ten dollars for each fish.

N.J. Stat. § 23:9-20 Concurrent jurisdiction of states; procedure for violations

The commonwealth of Pennsylvania and the state of New Jersey shall have concurrent jurisdiction over all offenses and violations of this article, committed or attempted to be committed, by any person or persons fishing in the Delaware river above or below Trenton falls within the jurisdiction respectively of the said state of New Jersey and the commonwealth of Pennsylvania. The procedure in the state of New Jersey for punishing violations of this article, as well as for the confiscation of boats, nets and other appliances, shall be the same in all respects as provided for in chapter 10 of this title (s. 23:10-1 et seq.).

N.J. Stat. § 23:9-21 Interference with officers; fine

Any person or persons who shall by threat, menace or force, or in any manner attempt to deter or prevent any fish warden or other person authorized to make arrests for violation of the fish laws in either state, from enforcing or carrying into effect any provisions of this article, or who shall resist arrest or the seizure of boats or nets illegally used, shall be subject to a fine of one hundred dollars.

N.J. Stat. § 23:9-114 License to take shad with net required

It shall be unlawful for any person to fish with, fix, fasten, draw, or drift any net of whatever description for the purpose of taking shad in the waters of the Hudson river within the jurisdiction of the state of New Jersey without first having procured a license so to do.

N.J. Stat. § 23:9-115 License fee; season; lift period from Friday noon until Saturday midnight

Upon application to the commissioner and the payment of a fee of $60.00 for each net, the commissioner may issue, in his discretion, a license permitting the licensee to fish for shad, in the Hudson river, from March 15 to June 15; provided further, however, no net shall be set or put in position and no shad shall be taken during the period from Friday noon until Saturday midnight of each week; provided, however, that any net which has been set prior to Friday noon shall be permitted to remain in position and be lifted at the next high water; provided further, however, that the aforementioned 36-hour lift period shall be the minimum period and the maximum lift period shall be at the discretion of the commissioner. Amended by L.1941, c. 26, p. 53, s. 1; L.1941, c. 334, p. 891, s. 1, eff. Aug. 4, 1941; L.1975, c. 116, s. 14, eff. June 3, 1975; L.1979, c. 199, s. 71, eff. Sept. 19, 1979.

N.J. Stat. § 23:9-120 Arrest and punishment of violations on Hudson river between New Jersey and New York

If and when the State of New York shall enact a similar law for the arrest and punishment of violations of the game or fish laws of this or the State of New York, committed or attempted to be committed by any person or persons fishing in that portion of the Hudson river lying between such States, any game protector, fish warden or other person of either State, who is authorized to make arrests for violations of the game or fish laws of such States, shall have power and authority to make arrests on any part of such river between such States or the shores thereof and to take the person or persons so arrested for trial to the State in which the violation was committed and there to prosecute such person or persons according to the laws of such State. L.1938, c. 240, p. 544, s. 1.

N.J. Stat. § 23:9-121 Arrest and punishment of violations on Delaware river between New Jersey and Pennsylvania

If and when the State of Pennsylvania shall enact a similar law for the arrest and punishment of violations of the game or fish laws of this State or the State of Pennsylvania, committed or attempted to be committed by any person or persons fishing in that portion of the Delaware river lying between such States, any game protector, fish warden or other person of either State, who is authorized to make arrests for violations of the game or fish laws of such States, shall have power and authority to make arrests on any part of such river between such States or the shores thereof and to take the person or persons so arrested for trial to the State in which the violation was committed and there to prosecute such person or persons according to the laws of such State. L.1938, c. 240, p. 545, s. 2, eff. May 25, 1938.

N.J. Stat. § 23:9-126 Holders of New York fishing licenses; fishing in New Jersey part of Greenwood lake

Nothing contained in Title 23 of the Revised Statutes, to which this act is a supplement, relating to the necessity of procuring from the State of New Jersey a license to fish in the waters of this State, shall apply to persons holding a fishing license issued by New York, when fishing in that part of Greenwood lake which lies within this State, so long as persons holding fishing licenses issued by the State of New Jersey are not required to have New York licenses, when fishing in that part of Greenwood lake which lies within New York. L.1943, c. 93, p. 312, s. 1, eff. April 6, 1943.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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