Bill Text: NJ S2880 | 2010-2011 | Regular Session | Amended
Bill Title: Provides penalty for registration violations occurring under State's saltwater fishing registry program.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Enrolled - Dead) 2011-12-15 - Passed Assembly (Passed Both Houses) (68-0-1) [S2880 Detail]
Download: New_Jersey-2010-S2880-Amended.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
Senator JAMES BEACH
District 6 (Camden)
SYNOPSIS
Provides penalty for registration violations occurring under State's saltwater fishing registry program.
CURRENT VERSION OF TEXT
As reported by the Senate Environment and Energy Committee on June 2, 2011, with amendments.
An Act concerning penalties applicable under the State's saltwater fishing registry program, and amending P.L.2011, c.23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2011, c.23 (C.23:2B-22) is amended to read as follows:
1. a. The commissioner, in consultation with the Marine Fisheries Council, shall establish and implement a registry program for saltwater recreational anglers, which program shall provide for:
(1) the registration, including the name, date of birth, address, telephone number, and other identification and contact information determined to be necessary by the department pursuant to federal requirements, of individuals who engage in recreational fishing:
(a) in the Exclusive Economic Zone;
(b) for anadromous species;
(c) for Continental Shelf fishery resources beyond the Exclusive Economic Zone; or
(d) in the tidal waters of the State; and
(2) the registration, including the ownership, operator, and identification of the vessel, or vessels used in such fishing.
b. (1) The registry program established pursuant to this section shall [comply with the provisions of] be fully consistent with the registry program to be established pursuant to section 201 of Title II of the "Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006," Pub.L.109-479 (16 U.S.C. s.1881).
(2) Upon establishment of the registry program pursuant to this section, the commissioner shall apply to the [National Marine Fisheries Service of the National Oceanic and Atmospheric Administration for exempted state designation from the federal registration] Secretary of the United States Department of Commerce to obtain State exemption from federal registry program requirements.
c. The department shall not charge a fee for the registration required pursuant to this section.
d. A person who is under 16 years of age or a customer fishing from a state-licensed or federally permitted for-hire vessel shall not be required to register pursuant to this section.
e. (1) Any person who
is required to register pursuant to this section, and who fails to register in
accordance with established registry program requirements, shall be issued a
warning to comply, except that during the second or subsequent years of the
registry program's operation, such person shall be subject, at the discretion
of the department, to the issuance of a warning or to a fine of $20. Any
penalty imposed pursuant to this subsection shall be collected in the manner
specified in paragraph (2) of subsection a. of section 73 of P.L.1979, c.199
(C.23:2B-14). However, no other provisions of 1section 73 of1 P.L.1979, c.199
(C.23:2B-14) shall be applicable in the event that a person fails to comply
with the requirements established under this section.
(2) In the event that the federal government does not approve of the penalty system established by this subsection, a person who is required, but who fails, to register in accordance with established registry program requirements shall be subject to a fine of $20 or such other amount deemed by the department to be the minimum necessary for the purposes of attaining State program exemption from federal requirements.
f. In order to facilitate and promote increased awareness of, or compliance with, registry program requirements, the department shall: (1) post information about the registry program and its requirements in a conspicuous place on the department's Internet website; and (2) develop and disseminate informational materials, including, but not limited to, pamphlets and posters, which identify the program's requirements, any relevant compliance deadlines, the available methods for attaining compliance, the penalties for non-compliance, and any other relevant program details.
In disseminating the materials developed pursuant to this subsection, the department shall provide informational pamphlets or other appropriate materials to the State's conservation officers, for distribution to individuals engaged in recreational fishing activities; and it shall provide informational posters, signs, pamphlets, and other appropriate materials to the State's bait and tackle shops, for display therein, and for distribution to bait and tackle consumers.
g. Any non-resident of New Jersey who is engaged in recreational fishing activities in this State shall be exempt from compliance with the State's registry program requirements if: (1) the person is registered under another state's registry program and the state in which the person is registered provides reciprocal exemption from its own registration requirements for persons who are registered under this State's registry program; or (2) the person is registered under the regionally-based registry program established by the federal government in accordance with the provisions of section 201 of Title II of the "Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006," Pub.L.109-479 (16 U.S.C. s.1881).
(cf: P.L.2011, c.23, s.1)
2. This act shall take effect immediately.
