suntzu Posted March 31, 2004 Report Share Posted March 31, 2004 NJ Striped Bass law provides: "It is illegal to take, catch or kill any striped bass from or in any marine waters of this state, by means of a net of any description, or by any other methods other than angling with a hook and line or by spearfishing." There is no mention of "intent" or "on purpose" in this legislation. Are fishermen using gill nets which they admit "catch" striped bass breaking the law? Can you employ gill net gear without catching striped bass in the State of New Jersey? I believe that using these nets, knowing that they will "catch" striped bass, is a violation of NJ law. If you can't avoid catching striped bass with this gear, and you cannot, should their use by banned during periods of the year when striped bass are prevelant in our waters? Link to comment Share on other sites More sharing options...
Rowdy Posted March 31, 2004 Report Share Posted March 31, 2004 Just out of curiosity? have you ever been on a gillnet boat or observed someone gillnetting? i'm not talking about the weekend warriors that make 5 trips a year and circle up everything on the scope but the guys that are out there year round? i just want to know i will comment after your answer. "Can you employ gill net gear without catching striped bass in the State of New Jersey?" the answer is yes if you know what you are doing. "If you can't avoid catching striped bass with this gear, (and you cannot)" that is an ablsoute blind statement Link to comment Share on other sites More sharing options...
suntzu Posted March 31, 2004 Author Report Share Posted March 31, 2004 I have never been on a gill net boat but would welcome the opportunity. I have witnessed hundreds of gill net boats at work over the last 25 years. It is impossible for me to tell by looking at them whether they are the weekend warriors or year round guys. makes no difference to me, my problem is with the gear, not the fishermen. Link to comment Share on other sites More sharing options...
Rowdy Posted March 31, 2004 Report Share Posted March 31, 2004 i know for a fact that the guys out there makeing a true living "not the weekend warriors" are doing absolutely all they can, not to catch striped bass. just to clarify normally the guys setting gear anywhere near the recreational fishing fleet are weekend warriors and they are idiots they do not know what they are doing and those are the guys targeting everything they see on their fishfinder the seasoned gillnetters are the ones that catch what they are looking for with a bare minimum of bycatch. can you give me a hint to where and the time of year this is happening so i can try to help clarify what is going on. I am not an advocate of gillnetting nor do i oppose the subject but since i have been a gillnetter i like to help with any info i can. as most people have never had the chance to experience it first hand. Link to comment Share on other sites More sharing options...
suntzu Posted March 31, 2004 Author Report Share Posted March 31, 2004 Given how the law is written, I don't think you could use a gill net in areas where there are striped bass because the gear can not distinguish between species. According to the law, if you "catch" a striped bass with any net you have broken the law. An example. This past fall in October there where several gill netters working within one mile of the beach at Sandy Hook. They were catching plenty of striped bass, one boat was deliberatley killing hundreds of striped bass. I don't know what they were fishing for. There are no croakers there and weakfish gill net season was closed. Any enlightenment would be helpful Link to comment Share on other sites More sharing options...
HaysWalt Posted March 31, 2004 Report Share Posted March 31, 2004 NJ Striped Bass law provides: "It is illegal to take, catch or kill any striped bass from or in any marine waters of this state, by means of a net of any description, or by any other methods other than angling with a hook and line or by spearfishing." I'm not a lawyer, but I'd bet if you pressed it- if one did catch or kill a striped bass using a net, you just might be in a heap of trouble. Me- I'm more worried about the damn spearfisherman- Kidding aside, I didn't know it was legal to spearfish for stripers. Link to comment Share on other sites More sharing options...
suntzu Posted March 31, 2004 Author Report Share Posted March 31, 2004 I didn't know about the spearfishing thing either. If you are suggesting that you couldn't net a hooked striper, you are incorrect. The means of the "catch" is hook and line. Of course, it would be illegal to net a striped bass swimming by. I could reasonably argue that given NJ's wonderful law on the protection of striped bass, it should be illegal to use nets to fish in NJ waters. There is simply no way to avoid "catching" them, and to catch one with a net is to break the law. How can the state lisence a practice it knows will necessarily result in illegal activity? I'll have to ask them that question and see what they have to say. Link to comment Share on other sites More sharing options...
Rowdy Posted March 31, 2004 Report Share Posted March 31, 2004 most likely they were fishing for bluefish . i know that the 4 1/4 net designed for bluefish will not catch striped bass besides the ocational one that was eating a bunker cought in the net near a tear in the net. alot of the guys will try to save $ by not repairing the holes in their net that is where the bass are cought. alos i have seen quite a few bass cought in nets because of hooks and trolling plugh cought in their mouths i have 3 5 gallon buckets in the basement full of stretches bunker spoons and what not to prove it.. Link to comment Share on other sites More sharing options...
bido Posted March 31, 2004 Report Share Posted March 31, 2004 ..You should see the size of the bass some spearfisherman bring out of the river some evenings stuck on the end of a spear As for gillnetters, I always hear about someone getting bass fillets from a friend of a friend of a friend who is a gillnetter. If you think gillnets are not catching bass (targeted or untargeted) in NJ you are fishing on another planet. "Where is my mind? Waaaaay out in the water see it swimming?" Link to comment Share on other sites More sharing options...
HaysWalt Posted March 31, 2004 Report Share Posted March 31, 2004 I didn't know about the spearfishing thing either. If you are suggesting that you couldn't net a hooked striper, you are incorrect. The means of the "catch" is hook and line. Of course, it would be illegal to net a striped bass swimming by. I wasn't suggesting that at all. If I read what you posted correctly, any striper caught or killed by a net-meaning gillnet, fykenet, or otherwise- not a net used to net hooked fish- could get one in serious trouble if taken to court. Why don't you e mail the NJDEP and ask this question. I for one would be very interested in their response! Link to comment Share on other sites More sharing options...
HaysWalt Posted March 31, 2004 Report Share Posted March 31, 2004 ..You should see the size of the bass some spearfisherman bring out of the river some evenings stuck on the end of a spear Bido- what are the limits for spearfishing?- same as recs in NJ. This is an entirely new area I have never considered. Link to comment Share on other sites More sharing options...
MDC Posted March 31, 2004 Report Share Posted March 31, 2004 NJ Striped Bass law provides: "It is illegal to take, catch or kill any striped bass from or in any marine waters of this state, by means of a net of any description, or by any other methods other than angling with a hook and line or by spearfishing." That means you should't be able to.... 1) Bait cast net 2) Bait gill net 3) Drive a boat around 4) Have power plants of any type that uses water for a coolant 5) Have any type of fishing practice other then hook/line or spear fishing 6) Spray for mosquitoes in the watershed 7) or anything, you could think of like building docks, dredging the channels, or shore side home deployment.which impact bass (at any life stage)or their habitat As the law doesn't distinguish age; all of these have been know to kill striped bass or, similar fish. Especial those above that would impact the larvae/juvenile that wouldn't be able to swim away. If it sounds more conservative the endangered species act, it is. If quoted correctly, it was a poorly written law. But right is right. I think (and I'm no lawyer) that you may have a good case for litigation. I'm sure there are plenty of environmentally based groups that would help you. But making new laws because the old ones aren't enforced??? Link to comment Share on other sites More sharing options...
Triet Posted March 31, 2004 Report Share Posted March 31, 2004 Before I decide to care, I'd like to know how significant the bycatch is. Relative to all the bycatch in the state. Your boy is going to be a big flop in Washington, and I can't wait till it happens.-Rocky RhodesMccain is weak, lame and a poor choice for President-JimP Link to comment Share on other sites More sharing options...
MDC Posted March 31, 2004 Report Share Posted March 31, 2004 Triet You are about to see a long list of stories from folks that have seen with their own two eyes, just how many gillnet caught bass they have seen. Which, if added up, would be more then the totally harvest coast wide. Fact is, I don't know of any observer coverage in state waters....but maybe I'm wrong. Link to comment Share on other sites More sharing options...
suntzu Posted March 31, 2004 Author Report Share Posted March 31, 2004 By-catch is and will always be anybody's guess. No matter what you read or are told its not science, its guesswork. I would rather take the guesswork out of it. Why do we need this gear? Link to comment Share on other sites More sharing options...
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