On January 19, New Jersey Conservation Police Officers (CPO) busted a pair of scofflaws at Lake Hopatcong for being in possession of 141 yellow perch. “The two individuals received court mandatory summonses for being in possession of 91 yellow perch over their legal creel limit,” the New Jersey Division of Fish & Wildlife (NJDFW) noted in their official Facebook announcement.
As one can imagine, the outpouring of response from the angling community was pretty passionate; “need tougher sentencing guidelines,” said one guy, another offered “Until we make fines to be $1,000 per each fish kept over the limit this will continue to happen in fresh and saltwater.” Some suggested impounding all their fishing gear and the vehicle they drove in with, while others said “lock ‘em up.”
I understand the level of anger and concern by those in the recreational fishing community, and wholeheartedly share that frustration with our court system. But remember, while it all starts with the local judges, we also have a Supreme Court to contend with in the United States and the Eighth Amendment to the U.S. Constitution, the part of our Bill of Rights which states as follows:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Think for a moment on where we stand with criminal justice in New Jersey in terms of bail, prosecution and conviction. Assault, endangering, DUI, shoplifting, theft, criminal trespass; all folks busted for something egregious will end up in the same courtroom as someone busted for fishing without a license or keeping undersized or revolting numbers of fish. So if jail time isn’t likely for someone committing theft or assault (for example), do we really think first-time poachers are going to be locked up with thousands of dollars of fines?
Just something to think about. And I’ve thought about it a lot too! In fact, 2 years ago I wrote an Editor’s Log called Fish Court that spotlighted the problem with sending fisheries violators to courtrooms filled with caseloads of sickening crimes against humanity. A sitting judge forced to weigh in on a guy charged with operating a mobile meth lab, but first he has to hear the case of two clowns who kept too many yellow perch; what do you think is likely to happen?
“Imagine if there was a monthly hearing, perhaps every third Wednesday, where folks who are issued citations for undersized fish, possession over the limit, or fishing without a license or registration would go before a judge who only hears these fisheries cases,” I wrote in that March, 2022 editorial, suggesting perhaps how a pool of retired New Jersey judges who are avid hunters and anglers could preside over this Fish Court a few times a year.
“Since there aren’t any jay walkers, or street walkers, waiting their turn before the judge and filling up the docket, these Fish Court judges could focus all their personalized professional attention on cases pertaining exclusively to fisheries violations,” I explained. Given the fact that the fine for not getting your free saltwater registration in the state of New Jersey is a paltry $25, municipal court judges aren’t just laughing as they dismiss these cases, they’re sometimes admonishing prosecutors for even bringing them to court.
As a libertarian at heart, the idea of imposing excessive fines or cruel and unusual punishment doesn’t sit well with me. But I’m also as disgusted as many of The Fisherman readers with weak judicial enforcement of fisheries violations. Our CPOs in New Jersey perform a herculean task covering the entire Garden State from High Point to the tip of Cape May; they, and we, deserve a dedicated court of law to prosecute fisheries violators.
For the time being, if you witness hunting, fishing, trapping or Wildlife Management Area violations, call the 24-hour hotline at 877-WARN-DEP (877-927-6337).
