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NJ Fined because of physical location
Regulations must be made according to the Administrative Proceedures Act. Regulations must implement a Statute. In this case the regulation was not made according to the Administrative P roceedures Act and there is no Statute that could be used to implement it. I realize that I can State...- chlsbrns
- Post #76
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
https://forum.freeadvice.com/threads/nj-fined-because-of-physical-location.654634/page-2#post-3635454- chlsbrns
- Post #73
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
I'm sorry but I'm confused? I'm saying that a Statute preempt a regulation. You seem to be saying the same in an opposite way. "The bait regulation does not preempt the bait law" I don't see how you can say there is no conflict. If I possess a weapon on the ground turkey hunting near bait...- chlsbrns
- Post #72
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
There is a whole lot that I didn't post mainly because I was more interested in what others thought about preemption. Does a Law preempt a regulation. Yes it does! In other words The Law preempts the regulation. Possessing a weapon when hunting turkey from the ground within 300' of bait is...- chlsbrns
- Post #70
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
Thanks!- chlsbrns
- Post #65
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
In my last post I was actually asking about the hunter orange regulations. They clearly do not interpret or implement the law. As far as the 300' from bait while possessing a weapon turkey regulation... it does not impliment or interpret any law. It is basically the Fish Game Counsel...- chlsbrns
- Post #63
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
I'm not necessarily asking questions other than when I show a person what they stated is incorrect much like you did when you replied to the first reply in this thread. You know the post where it was stated that a turkey is a migratory bird. You corrected him correct? Are you saying now that...- chlsbrns
- Post #61
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
I read what a State Agency is required to Do to make a regulation. A regulation/ administrative rule is defined by the administrative procedures act as ""Administrative rule" means each agency statement of general applicability and continuing effect that implements or interprets law" Do you...- chlsbrns
- Post #59
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
Yes those are the regulations that clearly conflict with the law. Regulations are required to implement and interpret law. I posted the law above. Do you think those regulations implement or interpret the law?- chlsbrns
- Post #57
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
This is a quote of the Law/Statute... 23:4-13.1. Clothing; outer garment of fluorescent hunter's orange a. Any person while hunting deer, rabbit, hare, squirrel, fox, or game birds, other than waterfowl, with firearms in this State, shall wear a cap of fluorescent hunter's orange or some...- chlsbrns
- Post #54
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
I already wrote to the game counsel. I read all of the Administrative Proceedures Act, The Fish and Game Code, the State Statutes, the minutes to the Fish Game Counsel monthly meetings going back to the 70's, the NJ Constitution and case histories. I filed a petition to repeal the regulation...- chlsbrns
- Post #53
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
The fishing story is funny! I think that I get what you are saying but I don't think that you get what I am saying. A regulation must be attached to a law. The Regulation must interpret and/or implement a law. A regulation must be reasonable. The regulation in question does not implement...- chlsbrns
- Post #49
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
Yes... thank you again!- chlsbrns
- Post #47
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
The whole fish game dept is a mess! The Statute specifically states that the statutes set fine amounts for violations and that the game counsel who makes regulations can not set the fine amounts. A statute will State a $20 fine but the Regulation will State a $40 fine for the same violation...- chlsbrns
- Post #45
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
The other confusing thing is that they are required to cite that statute that gives them the authority to make the Regulation. The bear regulation cites the Statute in my OP. The turkey regulation does not cite a statute.- chlsbrns
- Post #44
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
What's confusing is the laws and regs of other game animals. Take for example bear hunting. They have a Statute that forbids feeding bears but the States faq about bears says its ok to bait bears if hunting from the ground and refers to the Statute that I posted in my OP.- chlsbrns
- Post #43
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
Ok so the Statute as written applies to game animals and Game Birds. The Statute doesn't mean or imply that possessing a weapon within 300' of bait when hunting from the ground is legal?- chlsbrns
- Post #41
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
If there was a State Statute/Law that said that you have to wear fluorescent orange while hunting game birds would it be ok to have a Regulation that allows turkey hunters to hunt turkey without wearing fluorescent orange? A turkey is defined as a game bird. That would mean that the regulation...- chlsbrns
- Post #39
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
It's obvious from the Administrative Procedure Acts definition of an administrative rule that I am correct. The rule aka regulation in question does not implement any law. The only law there is to interpret clearly states possessing a weapon from a tree or structure within 300' of bait. Do...- chlsbrns
- Post #35
- Forum: Other Government & Administrative Law Matters
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NJ Fined because of physical location
I don't know anyone who hunt turkey from a tree stand and never heard about anyone hunting turkey from a tree stand. Now I will give an absurd example. Someone baits 100' from a blacktop road. Every hunter who has a weapon in their vehicle or walks that road past where the bait is with a...- chlsbrns
- Post #34
- Forum: Other Government & Administrative Law Matters
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