An Act concerning fishing licensure requirements and amending R.S.23:3-1.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.23:3-1 is amended to read as follows:

23:3-1. a. A person shall not at any time hunt, take or attempt to take, kill or pursue, with a gun or any firearm of any kind or character, or with longbow and arrow, a wild bird, animal or fowl, or take or attempt to take any skunk, mink, muskrat, or other fur-bearing animal by means of a trap, or set a trap for any fur-bearing animal, nor shall any person above the age of 16 years at any time take or attempt to take fish in any of the fresh waters of this State by the method commonly known as angling with a hand line or rod and line, or with longbow and arrow, unless he has first procured a proper license.

b. A person shall not engage in hunting, fishing or trapping unless the appropriate license or tag as prescribed hereunder is visibly displayed in a holder in a conspicuous place on the outer clothing at the time of such hunting, fishing or trapping. A licensee shall exhibit his license and tag for inspection to any conservation officer, deputy conservation officer, police officer or other person requesting to see it.

c. A person under 12 years of age shall not be issued a trapping license.

d. A person who is on active duty with any branch or department of the armed service of the United States shall be entitled to hunt or fish upon obtaining the proper resident license therefor.

e. Nothing in this section shall prevent the occupant of a farm in this State, who actually resides thereon, or the immediate members of his family who also reside thereon, from hunting for, taking, killing or pursuing with a gun or firearm or a longbow and arrow on the farm a wild bird, animal or fowl, from taking any skunk, mink, muskrat, or other fur-bearing animal by means of a trap or from setting a trap for a fur-bearing animal on the farm, or from taking fish on the farm with hand line, rod and line, or longbow and arrow in the manner provided by law during the time when it is lawful so to do, without being licensed hereunder. The exemption provided pursuant to this subsection shall not apply to a person residing on the farm or in a tenant house thereon who is not a member of the occupant's family, nor to a servant of the occupant.

f. (1) Nothing in this section shall prevent a resident of a private community in this State, or any authorized guest thereof, from taking or attempting to take fish from a private community lake in the resident's community with a hand line, rod and line, or longbow and arrow, in the manner provided by law and during the time when it is lawful to do so, without being licensed hereunder.

(2) As used in this subsection:

"Private community" or "community" means an association or other organized group of homeowners or tenants residing within a fixed or defined geographic area, which homeowners or tenants have, through contract or deed, provided for and agreed to common or shared ownership or other interests in real property, and which common or shared real property remains closed to the general public, except to bona fide guests of the homeowners and tenants who share ownership or other interest therein. "Private community" includes, but is not limited to, a retirement subdivision or retirement community, as defined by section 2 of the "Retirement Community Full Disclosure Act," P.L.1969, c.215 (C.45:22A-2), and a planned real estate development, as defined by section 3 of "The Planned Real Estate Development Full Disclosure Act," P.L.1977, c.419 (C.45:22A-23).

"Private community lake" means a manmade, self-contained body of water that is located on land owned by a private community, and which body of water is under the exclusive control of community members or residents, and is stocked and maintained at their sole expense.

g. (1) Any person found hunting, fishing or trapping without the proper license or tag as may be required conspicuously displayed pursuant to subsection b. of this section shall be liable to a penalty of $10 and costs, to be recovered pursuant to the provisions of Title 23, chapter 10, of the Revised Statutes.

(2) Any person who violates any provision of this section for which a penalty is not otherwise expressly provided, shall be liable to a penalty of not less than $50 nor more than $200 for each offense.

(cf: P.L.1999, c.282, s.3)

2. This act shall take effect immediately.

STATEMENT

This bill would specify that a fishing license is not required in order for a resident of a private community, or the authorized guests thereof, to take fish from a private community lake in the resident's community. "Private community lake" would be defined by the bill to mean: "a manmade, self-contained body of water that is located on land owned by a private community, and which body of water is under the exclusive control of community members or residents, and is stocked and maintained at their sole expense."

Although current statutory law provides that a person must obtain a fishing license in order to engage in fishing activities on the "waters of this State," it also specifies that "[a]ll ponds, lakes and waters created by or under the exclusive control of any individuals or associations, stocked and maintained at their sole expense and not runways for migratory fish shall be considered 'private waters,' rather than 'waters of this [S]tate.'" Apparently, however, the Division of Fish and Wildlife (DFW) does not interpret the current law, in this regard, as providing an exemption from the State's fishing licensure requirements for persons who are engaged in authorized fishing activities at a private community lake, as defined above. As a result, and in order to prevent the future issuance by DFW of citations to such persons for unlicensed fishing, this bill would add a provision to the State's fishing licensure law in order to clearly specify that a fishing license is not required for these authorized persons to fish at a private community lake.