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Delaware fishing license to fish Delaware Bay

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impalervlad

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View Post...because the Delaware state line extends to the New Jersey shoreline....

 

 

Dracule, if this was anyone but you, I'd question it! biggrin.gif I'll have to read this one when I get home. Out of Cape May you do have to know when you are in DE waters, but the line doesn't go to the shoreline in CM either!

"Life's too short to fish with ugly flies."
Cynoscion Regalis
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Hmmmmm????

 

TITLE 29

 

State Government

 

General Provisions

 

CHAPTER 2. STATE BOUNDARIES

 

§ 201. Description.

The limits of the State are as follows: On the south, the divisional line between Delaware and Maryland; on the west, the divisional line between Delaware and Maryland extended northerly to its intersection with the southerly boundary line of Pennsylvania; on the north, the boundary line between Maryland and Pennsylvania extended easterly to its intersection with the 12 mile circle described from New Castle and the 12 mile circle extended to low water mark on the eastern side of the Delaware River; and on the east, the low water mark on the eastern side of the Delaware River within the 12 mile circle, the southerly perimeter of the 12 mile circle from its intersection with the low water mark westerly to the middle line of the Delaware River, the middle lines of the Delaware River and Bay below the 12 mile circle to the mouth of the Bay and the Atlantic Ocean. (Code 1852, § 4; Code 1915, § 7; Code 1935, § 7; 29 Del. C. 1953, § 301.)

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Loosely quoted, A Delaware license will be required to fish ther Delaware River and Delaware Bay between the upstream tip of Artificial Island and the Del./Pa. state line. In that section of the river, the Del. state boundary extends to the NJ shoreline. You don't need a license to fish from the NJ shore in this area.

 

The link is FWLISTS@dep.state.nj.us.

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River - they have a case based on their boundary definition. Bay- I dont see justification.

 

What I would be concerned about however if a boat from Jersey crosses that imaginary line- will they be subject to law enforcement searches for a Delaware SW license?

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What I would be concerned about however if a boat from Jersey crosses that imaginary line- will they be subject to law enforcement searches for a Delaware SW license?

 

 

Yes, same as in Raritan Bay. Don't keep a striper or fluke and cross that line in the Raritan.

 

Delete from SOL_Users where username like 'wasy','Seal'....

 

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From the link above /FAQ's. Should be interesting.

 

If I launch from Delaware and fish in Delaware Bay only on the New Jersey side of the Bay, do I need a Delaware fishing license? No. However, if you return to Delaware waters by boat, any catches you made in NJ waters must still conform to Delaware possession limits (minimum size, daily harvest limits).

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Just read it- it refers to the extreme northern section of the bay, and into the river itself, between Artificial island and the PA / DE line. That's easily 40 - 50 miles North of Cape May and applies to a unique situation.

 

That said, if you launch from Cape May and head across, once you cross the line into DE waters (about halfway across) all DE regs apply. That includes size limits and bag limits.

 

Even last year you could launch from Cape May and be fluke fishing. You could catch a fish legal under what were then the NJ size limits, but they were smaller than DE. If boarded by a DE Conservation officer you would be cited for having an undersized fluke in posession even though just a short distance to the east, in Jersey waters, it would be a legal fish.

 

I don't have a reading yet on the license issue, but I would imagine it would be handled similarly. If in DE waters you'd need the license- so when we go drum fishing in a month or so, we're gonna need it for Slaughter Beach!

"Life's too short to fish with ugly flies."
Cynoscion Regalis
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As I remember the laws was, it ain't where you caught a fish it's where you bring it to port, but I suppose if you are in DE waters and you got boarded by a conservation officer in DE you would be in there jurisdiction's and they could fine you even if you left in NJ or PA for that matter.

Fishing Is My Anti-Drug !!!
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It is where you caught the fish, but it's also where your boat is. Catch fish inside 3 miles and your boat drifts outside 3 miles, you get fined, catch a fish in jersey waters and end up in delaware waters, get fined (depends on regs), catch a fish in Jersey and drift over to new york... it's all the same.

 

Delete from SOL_Users where username like 'wasy','Seal'....

 

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We used to launch in the Maurice River to fish the bay but it's been many, many, many years since then and I don't really get down that way much anymore.

 

My question is if you need a Delaware license to fish the area described by NJDEP in FWLISTS, where do you have to go to get one? There aren't many bridges to Delaware down in that area of Delaware Bay.

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View PostJohnny, that FAQ would apply to most of the lower bay- but not in the section mentioned in the Email- which again is waaayy North.

 

Thanks, I saw that when I read a little more closely.bucktooth.gif

 

Seems like in the lower bay, though according to those FAQ, you could launch from DE, fish in NJ and go back to DE w/out a license. Not sure why you'd want to do that unless you're from MD?

 

 

You should be able to get a license online. I'm not sure, but I think I remember reading in the DE forum that those can not be printed twice (if you lose it) like the NJ FW license.

 

Looks like the online boat license is not available.

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