ASSEMBLY, No. 2704
STATE OF NEW JERSEY
211th LEGISLATURE
INTRODUCED MAY 6, 2004
Sponsored by:
Assemblyman ANTHONY CHIAPPONE
District 31 (Hudson)
SYNOPSIS
Prohibits black bear hunting, creates black bear study commission,
authorizes issuance and sale of NJ Black Bear Stamp, establishes NJ Black
Bear Stamp Account.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the hunting of black bear, supplementing Title 23
of the Revised Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State
of New Jersey:
1. Not withstanding any law, rule, regulation, or provision of the
State Fish and Game Code, there shall be no open season or any
hunting by permit for black bears anywhere in the State.
2. a. There is established a Black Bear Study Commission, which
shall comprise 11 members as follows: two veterinarians licensed in
the State of New Jersey, having experience with black bears, who
shall be appointed by the Governor; a representative of the Humane
Society of the United States, who shall be appointed by that
organization; a representative of the Bear Education and Resource
Group, who shall be appointed by that organization; a representative
of persons residing in those areas of the State where black bear are
regularly found, who shall be appointed by the governing body of
West Milford Township in Passaic County; a representative of the
Sierra Club, who shall be appointed by that organization; a
representative of the Mountain Preservation Society, who shall be
appointed by that organization; a member of the Nature Preservation
Council, who shall be appointed by that organization; a representative
of the Farm Bureau, who shall be appointed by that organization; an
animal control officer having experience with black bears, who shall
be appointed by the governor; and a representative of the Department
of Environmental Protection, who shall be appointed by that agency.
The Governor shall appoint the Chair.
b. Members of the commission shall serve at the pleasure of the
relevant appointing authority.
c. Vacancies in the appointed positions on the commission shall
be filled in the same manner as the original appointments.
d. Members of the commission shall serve without compensation,
but the commission may, within the limits of funds appropriated or
otherwise made available to it, reimburse members for actual
expenses necessarily incurred in the discharge of their official duties.
3. a. The commission shall organize as soon as possible after the
appointment of its members and shall meet at such times and places
as it deems appropriate.
b. A majority of the full membership of the commission shall
constitute a quorum for the transaction of commission business.
Action may be taken and motions and resolutions adopted by the
commission at any meeting thereof by the affirmative vote of a
majority of the full membership of the commission.
c. The commission shall be entitled to call to its assistance and
avail itself of the services and assistance of such officials and
employees of the State and its political subdivisions and their
departments, boards, bureaus, commissions, authorities, and agencies
as it may require and as may be available to it for its purposes, and
incur traveling and other miscellaneous expenses as it may deem
necessary, in order to perform its duties, and may expend any funds
as may be appropriated or otherwise made available to it for its
purposes. d. Prior to preparing the initial report required pursuant
to section 4 of this act, the commission shall hold at least one public
hearing to solicit public input on the issues under the jurisdiction of
the commission.
4. a. The commission shall, within one year after the date of
enactment of this act, and quarterly each year for the next four years
thereafter, prepare and issue a written report, which may include
recommendations to be made to the Governor, the Legislature, the
Department of Environmental Protection, and the Department of
Agriculture, concerning (1) the status and management of the black
bear population in the State, and (2) the availability, effectiveness,
implementation, and use of nonlethal black bear population control
methods, reproductive control procedures, aversive conditioning
techniques, and public education and training efforts and programs to
reduce, to the maximum extent practicable and feasible, actual and
potential conflicts between black bears and humans. Copies of each
commission report shall be made available to the public at no cost.
b. For the period during which it exists, the commission shall
advise the Department of Environmental Protection with respect to the
creation, design, administration, sale, distribution, and other matters
related to the New Jersey Black Bear Stamp, and the reproduction,
replica, or other utilization of its design, authorized pursuant to
section 6 of this act. The commission shall also advise the
Department of Environmental Protection with respect to the
utilization of revenues in the New Jersey Black Bear Stamp Account
established pursuant to section 7 of this act.
c. The commission shall expire five years after the date of
enactment of this act.
5. There is appropriated from the General Fund to the Black Bear
Study Commission the sum of $10,000 to carry out the purposes of
this act.
6. a. The Department of Environmental Protection is authorized
to issue annually a Black Bear Stamp, which may be procured from
the department or from other designated agents deemed qualified by
the department. The fee for the New Jersey Black Bear Stamp shall
be $10.
b. The department shall determine the final design and form of the
New Jersey Black Bear Stamp to be issued each year. The department
shall retain reproduction and distribution rights to the design of any
New Jersey Black Bear Stamp issued.
c. The sole purpose for issuance of the New Jersey Black Bear
Stamp shall be to raise revenue for the purposes set forth in section 7
of this act.
7. a. There is established within the Department of Environmental
Protection a separate and dedicated account to be known as the “New
Jersey Black Bear Stamp Account.” The account shall be credited
with all revenues received by the department from the sale of the New
Jersey Black Bear Stamp and of any reproduction, replica, or other
utilization of the design of the stamp. Moneys in the account shall be
utilized by the Department of Environmental Protection, in
consultation with the Department of Agriculture, to (1) compensate
farmers for documented damage or injury to, or loss of, agricultural
or horticultural crops, livestock, or other personal or real property due
to black bear activity, and (2) assist in paying the cost of public
education and training efforts and programs to reduce, to the
maximum extent practicable and feasible, actual and potential
conflicts between black bears and humans.
b. The New Jersey Black Bear Stamp Account shall be kept
separate and apart from all other funds and accounts, and moneys
shall be disbursed therefrom by the State Treasurer to the Department
of Environmental Protection only for the purposes identified in this
section.
8. The Department of Environmental Protection may adopt,
pursuant to the “Administrative Procedure Act,” P.L.1968, c.410
(C.52:14B-1 et seq.), any rules and regulations necessary to
administer the provisions of sections 6 and 7 of this act, including, but
not limited rules and regulations pertaining to, (1) the creation,
design, administration, sale, distribution, and establishment of prices
for any reproduction, replica, or other utilization of the design of any
New Jersey Black Bear Stamp issued, and (2) the distribution of
moneys from the New Jersey Black Bear Stamp Account established
pursuant to section 7 of this act.
9. This act shall take effect immediately.
STATEMENT
This bill would prohibit any open season hunting or any hunting by
permit of black bear in the State. In addition, this bill would create
an 11-member Black Bear Study Commission, composed of
representatives of various interest groups, who would be charged with
preparing, within one year and quarterly for four years thereafter, a
written report concerning (1) the status and management of the black
bear population in the State, and (2) the availability, effectiveness,
implementation, and use of nonlethal black bear population control
methods, reproductive control procedures, aversive conditioning
techniques, and public education and training efforts and programs to
reduce, to the maximum extent practicable and feasible, actual and
potential conflicts between black bears and humans. The bill would
require the commission to hold at least one public hearing prior to the
preparation of its initial report to solicit public input on the issues
under jurisdiction of the commission. Each report may include
recommendations to be made to the Governor, the Legislature, and
various State agencies. The commission would expire in five years.
The bill would appropriate $10,000 to the Black Bear Study
Commission to carry out its duties under the legislation.
In addition, the bill would authorize the Department of
Environmental Protection to issue annually a New Jersey Black Bear
Stamp, which may be procured from the department or from other
designated agents deemed qualified by the department. The fee for
the stamp would be $10. The department would retain reproduction
and distribution rights to the design of any New Jersey Black Bear
Stamp issued. The stamps would be sold solely for fund-raising
purposes as prescribed in the bill.
Finally, the bill would establish the “New Jersey Black Bear Stamp
Account,” which would be credited with all revenues received by the
Department of Environmental Protection from the sale of the New
Jersey Black Bear Stamp and of any reproduction, replica, or other
utilization of the design of the stamp. Moneys in the account would
be utilized by the Department of Environmental Protection, in
consultation with the Department of Agriculture, to (1) compensate
farmers for documented damage or injury to, or loss of, agricultural
or horticultural crops, livestock, or other personal or real property due
to black bear activity, and (2) assist in paying the cost of public
education and training efforts and programs to reduce, to the
maximum extent practicable and feasible, actual and potential
conflicts between black bears and humans.