This is just one of those interesting thoughts I found while reading the laws and regs looking for that open window.
Would somebody out there please tell me if this is legal ?
Why does ASMFC even bother to print regulations when they continue to allow NJ to bypass them and flaunt the fact that they do?
The regulations specifically arecopied directly from FMP no 41;Amendment 6, Feb 2003)
4.2.1 Bag Limits
For all jurisdictions, recreational fisheries will be constrained by a two fish creel limit and 28 inches minimum size limit, except for the striped bass recreational fisheries in the Chesapeake Bay and the Albemarle Sound/Roanoke River.
5.1.1.1 Regulatory Requirements
The following lists the specific compliance criteria that a state/jurisdiction must implement in order to be in compliance with Amendment 6 to the Atlantic Striped Bass Fishery Management Plan:
1. All jurisdictions will implement a bag limit for the recreational fishery that restricts individuals to a 2 fish creel limit and a 28-inch minimum size, except for the Chesapeake Bay and the Albemarle Sound/Roanoke River.
Taken from NJFGW web site;
http://www.state.nj.us/dep/fgw/bonusbas.htm
The Striped Bass Bonus Program
Known as the Striped Bass Trophy Program prior to 1997, this program allows participating individuals
and anglers on participating party boats to retain one (1) additional striped bass beyond the normal
daily possession limit of two (2) from New Jerseys marine waters.
Notice that on the application(available at the site), there is no place to indicate that you are on (or own) a participating party boat. And on the log sheet (also available at the site) non party boat entries are expected. It is therefore a "recreational" fishery with red tape attached.
from web site:
http://www.state.nj.us/dep/fgw/news/2000/stbaschg.htm
Also note that fishermen may possess one additional striped bass per day under the Striped Bass
Bonus Fish Program ........
How much clearer can it be. In NJ, recreational fishermen are permitted 3 fish per day. Two fish are recreational fish, and the third isn't ??? (it's a commercial fish that can only be caught recreationally, and can't be sold {commercial}) If it walks like a duck; sounds like a duck, and looks like a duck, it ain't an eagle no matter what you call it! -------Get a grip, even NJ calls it an "additional" fish in a document describing the recreational limits on striped bass in the state. If this isn't a violation of amendment 6 section 4.2.1 and 5.1.1.1 (1) , then nothing ever will be !
How much longer will you allow this nonsense to continue? Your regs dictate a user group allocation quota divided by state. NJ is acting like it is a state allocation quota divided by user group. There is a big difference,and your acquiesce is allowing this perversion to continue. Either re-write your regs, or do not allow NJ to do this..... your choice ! Take the NJ commercial allocation and redistripute it to other states (or the EEZ) if you must, but don't allow NJ to flaunt its violation of your regs as a reason to visit NJ where you can catch 3 fish instead of 2.