Who owns the Water in NJ ?

[knot2crappie]

The State of NJ owns all of the freshwater including: Lakes, ponds, rivers, streams ! Others may own the land up to and beneath the water. In most cases if you have legitimate access to be on the water, either in a boat or on frozen water and do not pull your boat onto someones property or step out and stand on the land under the water, you are on the property of the State of NJ. The 2010 NJ fishing laws even stated they own it. I personally had this conversation with the law division of NJ fish and wildlife regarding this situation on a private pond where we had access and the other major land owner attempted to throw us off. I specifically asked if the use of a body of water under the rules would be the same "if I were standing on frozen water" and I was told yes ! Here is the link to the 2010 edition where the "State of NJ" references this issue. http://www.state.nj.us/dep/fgw/pdf/2010/digfsh10.pdf   Look under who owns the water? Ibelieve it was page 38 ?

[fishgalore]

The State of NJ owns all of the freshwater including: Lakes, ponds, rivers, streams ! Others may own the land up to and beneath the water. In most cases if you have legitimate access to be on the water, either in a boat or on frozen water and do not pull your boat onto someones property or step out and stand on the land under the water, you are on the property of the State of NJ. The 2010 NJ fishing laws even stated they own it. I personally had this conversation with the law division of NJ fish and wildlife regarding this situation on a private pond where we had access and the other major land owner attempted to throw us off. I specifically asked if the use of a body of water under the rules would be the same "if I were standing on frozen water" and I was told yes ! Here is the link to the 2010 edition where the "State of NJ" references this issue. http://www.state.nj.us/dep/fgw/pdf/2010/digfsh10.pdf   Look under who owns the water? Ibelieve it was page 38 ?

My brother was fishing in a boat on a (public) river but the land surrounding the area was private. A NJDEP CO asked them to come to shore. They said no way cause then you will ticket us!! True story. They did not go to shore and the CO could not ticket them but if they had set foot on land. It would have cost them a pretty penny. They just laughed and drifted away.  

[Wizzofd69]

Im almost certain that the state does not own all the water in NJ. Private ponds are private ponds. They are owned by the person who owns the land. The only difference is whether that owner allows public fishing. Either way, private or public you still have to abide by state fish and game laws. Though alot of people dont pay attention to those laws.

[knot2crappie]

Im almost certain that the state does not own all the water in NJ. Private ponds are private ponds. They are owned by the person who owns the land. The only difference is whether that owner allows public fishing. Either way, private or public you still have to abide by state fish and game laws. Though alot of people dont pay attention to those laws.

You are entitled to think what you want but the State themselves put it in writing in last years fishing laws ! They own the water and "Wildlife" within.  This includes natural or man-made bodies of water. Here`s a little clue under who needs a license in our laws: "Farmers and immediate family members who live on a farm do not need a license to fish on their own farm, but must obey all fishing regulations". It only states farmers, it does not say land owners ! Further more if you think the fish and water belong to the land owner then why would their be any limits on the fishing under "must obey all regulations". Here`s another bit of information that I have not yet investigated here in NJ. A friend of mine is a Cop in Massachussetts. He attended a meeting with their conservatin Officers. In that meeting it was said that that State has a "right of way, access" to all bodies of water. They said it might be as wide as a road or just a path.

[crawny]

They said years ago if u own both sides of land surrounding the water then it was urs. But now the state has changed and said they own the water that is why u need a lic. to fish anywhere.

[IceKing4]

I'm pretty sure it's me who owns the water. Every time I'm out there yo!

[Wizzofd69]

I'm pretty sure it's me who owns the water. Every time I'm out there yo!

Hahahahahahahaha good one

[acabtp]

I'm pretty sure it's me who owns the water. Every time I'm out there yo!

hah, nice

[fishsammich]

All I can say is:

NJ owns the water, private or not.

If your looking for access you'd better have the right process because when the authorities ask you how you gained
access... I think you understand the rest of the process.

The authorities get their paychecks from land owners and so you could understand their thinking process, laws or no laws.

Just my 2 cents.

[Locnar]

As a taxpayer I would simply say, I own it. The state owns the water and by my paying for the state I therefore own the water, if no security risk exists to being there, like a nuke plant or some other government installation, then I would do as others have said and keep my boat moving. Its becoming a joke these days, seems more and more cops and wcos and what not are always around always asking questions. Most of these guys are decent people doing their job, but really their job is street level tax collection, same as most staties that give you speeding tickets. I fish most of the time so I dont have to talk to other people and enjoy some peace then these guys always come and unless your an old man they are always suspicious, Im in my late twenties and have bought licenses every year since I was 16, thats close to 400 bucks in fees and thousands in gear and taxes from my gear to the states both PA and NJ and yet I still get hasseled by these guys, kinda ticks you off sometimes. They once made me walk 1/2 a mile at dark when I was wading cus I left my license in my car and after producing it they actually asked the dates and such on the license, they said have a nice night and left I didnt say anything, its like really with all the dirtbags that litter and fish ilegally and I get my balls busted by them.....

[laketrout1]

Those people have nothing better to do it happens to us all. Sucks to pay the price for a bunch of SLOBS

[Ed D]

states pass laws all the time,doesnt mean its constitutional,(state or federally)it will be enforced untill contested in supreme courts, state then federal.but the cost is to great thats why states get away with it.

[chrisk]

states pass laws all the time,doesnt mean its constitutional,(state or federally)it will be enforced untill contested in supreme courts, state then federal.but the cost is to great thats why states get away with it.

Only if it pays to contest otherwise it stands. Once not contested or upheld more laws are past that build upon the original. The commerce clause has neutered our constitution not that anyone noticed or could voice a overrulling complaint.

[Ed D]

state parks in Adirondack's,ny started taking away public r.o.w's.one man through arrests fought them and won,brought the authority down a notch.

[crawny]

the only way iceking owns the water is when he and his waters are swimming in it 

[IceKing4]

the only way iceking owns the water is when he and his waters are swimming in it 

    You have caught one fish all year yo! Quit posting pictures of my pile of fish and acting like you put them on the ice. .

[crawny]

personally i just like to fish and next time u can post Ur own pictures and i caught more then that. Remember I'm the one who has the chance to fish just about everyday and don't think that people would like me to post pics everyday. on top of it I'm more of a catch and release kinda guy. just cause u have one good day ill hear about it for the rest of the year lol..