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Old 06-22-2018, 11:29 AM
Capt. Debbie's Avatar
Capt. Debbie Capt. Debbie is offline
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Join Date: Mar 2008
Location: Suffern NY / Sandy Hook
Posts: 2,657
Default Re: Out of state boaters in NJ waters...

Why would you think that the State Police enforcing these laws cares what you spend or don't spend it NJ? It's not the Bureau of Tourism or trying to show gratitude.

Same in fishing regulations. In NJ it's NJ law. Don't care where you came from or where you caught it.

And each state can make it's own laws when you are in that state. Has nothing to do with tourism as you suggested.. just like fluke regulations.

The law is you need a Certificate in NJ waters. Whether you're from NJ, NY, or PA. The law in NY only effects while in NY waters. If you get one from where you live in NY fine. Otherwise get one for NJ. I've had plenty of Staten Island who were born BEFORE MAY 1996 who did not need one in the NY half of Raritan Bay. But do need one on the southern half of R Bay.

The EXCEPTION- incidental travels. IF AND ONLY IF You are traveling through NJ to elsewhere A from elsewhere B. Clearly you are staying here in NJ not passing through since you are spending tons of money here as you point out. Passing through NJ. NOT visiting NJ.


Trust me I teach both NJ and NY and am lawyer and have read the law. You can argue incidental passage and see if cop buys it,

PM Me- I will send you the NJ statute on point?

Personally I don't care if you do or don't. But I don't want you to have some clerk answering a phone mis interpreting the law to you and getting a fine. DMV is a perfect example of mis- dis- and correct information.



Quote:
Originally Posted by bulletbob View Post
After many calls to people that had trouble understanding the law, and several replies here on this board that were in error, I finally got the answer that I have been seeking for a few years,, Sadly, a few calls to NJ state police last year [marine division] were not answered correctly either..

The NJ Marine Police in PP advised me that i could indeed operate a boat in NJ waters despite not having a "boating certificate" which is not required in NY state.. It was explained to me that as long as you are in compliance with your home state laws, NJ honors your right to operate a vessel in NJ waters.. An exception would be lets say a non resident or part time resident that has a NJ address as in a summer home etc.. They are required to have a certificate..
A few members here in a past thread on the subject thought it very strange that NJ would not allow out of state boaters to use the waterways and buy fuel/food/hotels/ launch and marina fees /bait tackle etc.. Bad business. Glad that the state of NJ agrees.
I spend $100-$150 easy in NJ when I trailer down on gas, bait, launch, meals etc,,.. So yes NJ is open for business to out of state boaters. LOTS of good smart people, even some close to the situation gave some bad advice past few years. Finally got a straight answer.. I hope to get down a bunch this summer, and now I don't have to worry about " getting caught".... bob
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Last edited by Capt. Debbie; 06-22-2018 at 11:31 AM.. Reason: typos
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