Not Good News

[Gumada]

I fear that even if the for-hire boats were allowed to open it would be tough for them to attract fares. Getting 6 fares that don’t reside together even if they know each other would be a challenge. Or 40 strangers on a party boat, they are potentially putting their families at risk.....I just don’t see it happening at this point. It’s sad but it’s the way it is for now.....

[frugalfisherman]

The governor of NJ has stated he doesn't consider the Constitution in his decisions. In fact he said the Constitution is "above my pay grade".


The First Amendment to the United States Constitution prohibits the United States Congress from enacting legislation that would abridge the right of the people to assemble peaceably.[1] The Fourteenth Amendment to the United States Constitution makes this prohibition applicable to state governments.[2]

The Supreme Court of the United States has held that the First Amendment protects the right to conduct a peaceful public assembly.[3] The right to assemble is not, however, absolute. Government officials cannot simply prohibit a public assembly in their own discretion,[4] but the government can impose restrictions on the time, place, and manner of peaceful assembly, provided that constitutional safeguards are met.[5] Time, place, and manner restrictions are permissible so long as they “are justified without reference to the content of the regulated speech, . . . are narrowly tailored to serve a significant governmental interest, and . . . leave open ample alternative channels for communication of the information.”[6]

Such time, place, and manner restrictions can take the form of requirements to obtain a permit for an assembly.[7] The Supreme Court has held that it is constitutionally permissible for the government to require that a permit for an assembly be obtained in advance.[8] The government can also make special regulations that impose additional requirements for assemblies that take place near major public events.[9]

In the United States, the organizer of a public assembly must typically apply for and obtain a permit in advance from the local police department or other local governmental body.[10] Applications for permits usually require, at a minimum, information about the specific date, time, and location of the proposed assembly, and may require a great deal more information.[11] Localities can, within the boundaries established by Supreme Court decisions interpreting the First Amendment right to assemble peaceably, impose additional requirements for permit applications, such as information about the organizer of the assembly and specific details about how the assembly is to be conducted.[12]

The First Amendment does not provide the right to conduct an assembly at which there is a clear and present danger of riot, disorder, or interference with traffic on public streets, or other immediate threat to public safety or order.[13] Statutes that prohibit people from assembling and using force or violence to accomplish unlawful purposes are permissible under the First Amendment.[14] ys the Constitution is "above his pay grade".

[Capt Joe]

RFA ! HELLO! Are you out there? Offering something other than platitudes?

[RBC67]

Even with marina's open
Personal water craft are still 2 people on a boat and supposed be family members
Also social distancing applies

Here's the current boating regulations for New Jersey announced April 3 by Governor Murphy.

April 3, 2020
Consistent with Governor Murphy's orders that all New Jerseyans practice social distancing in order to limit the spread of Coronavirus (COVID-19), anglers must fish alone or with immediate family members and cannot fish in groups of any size (no matter how small), either on land or by boat. A minimum six-foot social distance between anglers must be maintained at all times. To disperse the fish and to help maintain social distancing among anglers, trout were released early and the NJ Fish and Game Council opened trout stocked waters for catch and release only for trout, from April 1 through April 10. Season, size, and creel limits for all other species apply, as well as any gear restrictions.

So again tell me how any commercial operator is sailing currently in NJ with more than just the Captain or immediate family members which you know is not the case. My heart goes out to the commercial sector but at the same time my heart goes out to the recreational sector and every business being decimated by this virus not to mention the risk of contagion commercial operators pose by having their own set of rules. Not to mention the fact their markets have been destroyed so a lot of their catch is being wasted. Question is how is the commercial sectors risk / reward model with this virus any different then the recreational risk reward model. Both impact the economy, both require social interaction so why would one sector have different guidelines as it relates to the health crisis and safety or lock down precautions. They're potential carriers of the infection no different than anyone else. I understand the exception made for essential workers, commercial operators are not essential workers even more so when you consider their markets have been destroyed both domestic and internationally.

[Duffman]

Flygaff..sent ya a PM Thanks

[stevelazar]

We all are experiencing frustration, depression, fear, stress and anxiety to some degree. Those following suggestions of "Stay Home, Stay Safe" also probably have a lot of time to stew and brew. I truly feel for those that feed their families by providing the service of taking fishermen out to do what they love/need to do. Those challenging the precautions being utilized, I wonder how they would view the situation if they had a loved one contract the virus and pass away after infecting other loved ones. Just my 2 cents. You know what they say about opinions...