SENATE, No. 2603
STATE OF NEW JERSEY
210th LEGISLATURE
INTRODUCED MAY 29, 2003
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Co-Sponsored by:
Senators Adler and Buono
SYNOPSIS
Expands membership and revises authority of Fish and Game Council.
CURRENT VERSION OF TEXT
Withdrawn.
An Act concerning the Fish and Game Council and amending
P.L.1948, c.488 and P.L.1999, c.282.
Be It Enacted by the Senate and General Assembly of the State
of New Jersey:
1. Section 26 of P.L.1948, c.448 (C.13:1B-24) is amended to read
as follows:
26. There shall be within the [Division of Fish, Game and
Wildlife] Department of Environmental Protection , a Fish and Game
Council which shall consist of [11] 19 members appointed and
qualified as follows:
a. the Commissioner of Environmental Protection, ex officio,
provided, however, that the commissioner may designate an officer or
employee of the department to represent the commissioner at
meetings of the council, and the designee may vote and otherwise act
on behalf of the commissioner. This designation shall be in writing,
delivered to the chairperson of the council, and shall continue in
effect during the period the commissioner is in office, or until revoked
or amended in writing by the commissioner and delivered to the
chairperson of the council;
b. the chairperson, ex officio, of the committee established
pursuant to section 7 of “The Endangered and Nongame Species
Conservation Act,” P.L.1973, c.309 (C.23:2A-7); and
c. seventeen members of the public , each of whom shall be chosen
with due regard to [his] the person’s knowledge of and interest in the
conservation of fish and game. Each public member of the council
shall be appointed by the Governor, with the advice and consent of the
Senate. Three of [such] the members shall be farmers, recommended
to the Governor for appointment to the council by the agricultural
convention held pursuant to [the provisions of article 2 of chapter 1
of Title 4 of the Revised Statutes] R.S.4:1-5 ; six of [such] the
members shall be sportsmen, recommended to the Governor for
appointment to the council by the New Jersey State Federation of
Sportsmen’s Clubs; [one of such members shall be the chairman of the
committee established pursuant to section 7 of the “Endangered and
Nongame Species Conservation Act” (P.L.1973, c.309; C.23:2A-7),
and] ; one of [such] the members shall be a person knowledgeable in
land use management and soil conservation practices ; and seven of
the members shall be individuals with experience in environmental
protection or other fields relevant to animal welfare and with a
background in the conservation of fish and game. One of [such] the
farmer representatives and two of [such] the sportsmen
representatives [in] on the council shall be chosen from among
residents of any of the following counties–Bergen, Essex, Hudson,
Morris, Passaic, Sussex and Warren; one of [such] the farmer
representatives and two of [such] the sportsmen representatives [in]
on the council shall be chosen from among residents of any of the
following counties–Hunterdon, Mercer, Middlesex, Monmouth,
Ocean, Somerset and Union; and one of [such] the farmer
representatives and two of [such] the sportsmen representatives shall
be chosen from among residents of any of the following
counties–Atlantic, Burlington, Camden, Cape May, Cumberland,
Gloucester and Salem.
Each public member of the council shall be appointed for a term of
[4] four years and shall serve at the pleasure of the Governor until
[his] a successor has been appointed and has qualified.
(cf: P.L.1979, c.199, s.72)
2. Section 28 of P.L.1948, c.448 (C.13:1B-26) is amended to read
as follows:
28. [Each] The Governor shall designate one of the public
members of the council as [chairman] chairperson of [such] the
council. Any member of the council so designated shall serve as
[such chairman] the chairperson at the pleasure of the Governor
[designating him] and until [his] a successor has been designated.
The [chairman] chairperson of the council shall be its presiding
officer.
Any vacancies in the membership of [said] the council occurring
other than by expiration of term shall be filled in the same manner as
the original appointment but for the unexpired term only. [Any
member of the council may be removed from office by the Governor,
for cause, upon notice and opportunity to be heard.]
The members of the council shall serve without compensation but
shall be reimbursed for necessary expenses incurred in the
performance of their duties.
No person who has been appointed a member of the council for two
successive terms, including an unexpired term, shall again be eligible
for that office for four years next following the expiration of [his] the
second successive term.
(cf: P.L.1948, c.448, s.28)
3. Section 29 of P.L.1948, c.448 (C.13:1B-27) is amended to read
as follows:
29. The Division of Fish and [Game] Wildlife shall be under the
immediate supervision of a director, who shall be a person with
special training and experience in [wild life] wildlife management
and otherwise qualified to direct the work of [such] the division. The
director of [such] the division shall be appointed by the [Fish and
Game Council, subject to the approval of the Governor,]
Commissioner of Environmental Protection and shall [, unless sooner
removed by the Governor as hereinafter provided,] serve at the
pleasure of [such council] the commissioner and until the director’s
successor is appointed [and has qualified] . [He] The director shall
receive such salary as [shall be] provided by law.
The director shall administer the work of [such] the division under
the direction and supervision of the commissioner.
(cf: P.L.1948, c.448, s.29)
4. Section 30 of P.L.1948, c.448 (C.13:1B-28) is amended to read
as follows:
30. In addition to its powers and duties otherwise hereinafter
provided, the Fish and Game Council shall, subject to the approval of
the commissioner, formulate comprehensive policies for the
protection and propagation of fish, birds, and game animals and for
the propagation and distribution of food fish and for the keeping up
of the supply thereof in the waters of the State.
The council shall also:
a. [Consult] consult with and advise the commissioner and
director of the Division of Fish and [Game] Wildlife with respect to
the work of [such] the division [.];
b. [Study] study the activities of the Division of Fish and [Game]
Wildlife and hold hearings with respect thereto as it may deem
necessary or desirable [.]; and
c. [Report] report to the Governor and the Legislature annually,
and at such other times as it may deem in the public interest, with
respect to its findings and conclusions.
(cf: P.L.1948, c.448, s.30)
5. Section 31 of P.L.1948, c.448 (C.13:1B-29) is amended to read
as follows:
31. As used in this article, unless otherwise specifically indicated:
“Division” means the Division of Fish and [Game] Wildlife in the
Department of [Conservation and Economic Development.]
Environmental Protection;
“Council” means the Fish and Game Council in the [Division of
Fish and Game of the] Department of [Conservation and Economic
Development.] Environmental Protection and established pursuant to
section 26 of P.L.1948, c.448 (C.13:1B-24); and
“Code” means the State Fish and Game Code established pursuant
to section 32 of P.L.1948, c.448 (C.13:1B-30) .
(cf: P.L.1948, c.448, s.31)
6. Section 32 of P.L.1948, c.448 (C.13:1B-30) is amended to read
as follows:
32. For the purpose of providing an adequate and flexible system
of protection, propagation, increase, control and conservation of
[fresh water] freshwater fish, game birds, game animals, and
fur-bearing animals in this State, [and for their use and development
for public recreation and food supply,] the council, subject to the
approval of the Commissioner of Environmental Protection, is hereby
authorized and empowered to determine under what circumstances,
when and in what localities, by what means and in what amounts and
numbers such [fresh water] freshwater fish, game birds, game
animals, and fur-bearing animals, or any of them, may be pursued,
taken, killed, or had in possession so as to maintain an adequate and
proper supply thereof, and may, subject to the approval of the
Commissioner of Environmental Protection, after first having
determined the need for such action on the basis of scientific
investigation and research, adopt and from time to time amend and
repeal such appropriate and reasonable regulations concerning the
same, or any of them, penalties for the violation of which are
prescribed by certain of the sections of Title 23 of the Revised
Statutes amended herein, as it deems necessary to preserve, properly
utilize or maintain the best relative number of any species or variety
thereof, at the times, in the manner and to the extent hereinafter
provided. The regulations so established shall be called the State Fish
and Game Code.
(cf: P.L.1948, c.448, s.32)
7. Section 33 of P.L.1948, c.448 (C.13:1B-31) is amended to read
as follows:
33. Any regulation of the council or amendment thereto, as
approved by the Commissioner of Environmental Protection, adopted
pursuant to the provisions of this article which relates to [fresh water]
freshwater fish, or any species or variety thereof, after the council has
first determined the need for such action on the basis of scientific
investigation and research, may apply to all or any portion of the
State, [at the discretion of the council,] and may do any or all of the
following as to any or all species or varieties of [fresh water]
freshwater fish:
a. [Establish] establish , extend, shorten or abolish open seasons
and closed seasons [.] ;
b. [Establish] establish , change or abolish bag limits, possession
limits and size limits [.] ;
c. [Establish] establish and change territorial limits for the pursuit,
taking, or killing of any or all species or varieties [.] ; and
d. [Prescribe] prescribe the manner and the means of pursuing,
taking, or killing any species or variety.
(cf: P.L.1948, c.448, s.33)
8. Section 34 of P.L.1948, c.448 (C.13:1B-32) is amended to read
as follows:
34. Any regulation of the council or amendment thereto, as
approved by the Commissioner of Environmental Protection, adopted
pursuant to the provisions of this article which relates to game birds,
game animals or fur-bearing animals, after the council has first
determined the need for such action on the basis of scientific
investigation and research, may apply to all or any part of the State,
[at the discretion of the council,] and may do any or all of the
following as to any or all species or varieties of game birds, game
animals, and fur-bearing animals:
a. [Establish] establish , extend, shorten or abolish open seasons
and closed seasons [.] ;
b. [Establish] establish , change or abolish bag limits and
possession limits [.] ;
c. [Establish] establish and change territorial limits for the pursuit,
taking, or killing of any or all species or varieties [.] ;
d. [Prescribe] prescribe the manner and the means of pursuing,
taking, or killing any species or variety [.] ; and
e. [Establish] establish , change or abolish restrictions based upon
sex, maturity, or other physical distinction.
(cf: P.L.1948, c.448, s.34)
9. Section 35 of P.L.1948, c.448 (C.13:1B-33) is amended to read
as follows:
35. Prior to final adoption by the council and approval by the
Commissioner of Environmental Protection of any regulation
authorized to be established pursuant to the provisions of this article,
or any amendment thereto or repealer thereof, the council shall hold
a public hearing thereon. Notice of [such] the hearing shall be filed
with the [Secretary of State] Office of Administrative Law at least
[twenty] 20 days prior to the hearing, and shall be published in the
New Jersey Register [if such Register be then required to be
published by the Secretary of State] , and in [such] any other manner
as the council shall determine, not less than [fifteen] 15 days prior to
the hearing. [Such] The notice shall specify the time when and the
place where [such] the hearing will be held, together with the text of
the proposed regulation, amendment or repealer.
(cf: P.L.1948, c.448, s.35)
10. Section 36 of P.L.1948, c.448 (C.13:1B-34) is amended to read
as follows:
36. If after [such] the hearing required pursuant to section 35 of
P.L.1948, c.448 (C.13:1B-33) the council is satisfied that the
proposed regulation, amendment or repealer, or any part of such
regulation, amendment or repealer, is advisable, it may , subject to the
approval of the Commissioner of Environmental Protection, adopt the
[same] regulation, amendment or repealer , and if so, it shall state the
date on which it takes effect and the council shall cause a true copy of
the [same] regulation, amendment or repealer to be filed with the
[Secretary of State] Office of Administrative Law.
Every regulation, amendment or repealer adopted by the council
and approved by the Commissioner of Environmental Protection
pursuant to the provisions of this article shall become effective at the
time specified therein but not sooner than [5] five days after its
publication in the New Jersey Register [following such filing, if such
register be then required to be published by the Secretary of State; or
if such register is not then required to be published by the Secretary
of State, then not sooner than 10 days after such filing].
The council may publish and distribute summaries of [such] its
regulations, amendments, and repealers in [such] any manner as it
may from time to time determine.
Copies of the State Fish and Game Code, and its amendments, duly
certified by the [chairman] chairperson of the council shall be
received in evidence in all court or other judicial proceedings in the
State.
If the Governor [shall find] determines that an emergency exists
by reason of unusual snow, flood or other natural disaster, the council
may, subject to the approval of the Commissioner of Environmental
Protection, amend any regulation establishing open and closed
seasons, to extend, shorten or abolish [such] any season, without
public hearings, and [such] the amendment may become effective
immediately.
Notwithstanding the provisions of this section to the contrary, the
Commissioner of Environmental Protection may suspend any season
at any time, without public hearings, if the commissioner determines
that it is necessary to do so to protect the species, public safety or the
public interest.
(cf: P.L.1960, c.149, s.1)
11. Section 37 of P.L.1948, c.448 (C.13:1B-35) is amended to read
as follows:
37. Any regulation, or amendment thereto, or repealer thereof
adopted by the council and approved by the Commissioner of
Environmental Protection pursuant to the provisions of this article
shall be subject to review on certiorari, or action or proceeding in lieu
thereof, to any court of competent jurisdiction.
(cf: P.L.1948, c.448, s.37)
12. Section 2 of P.L.1999, c.282 (C.23:2B-15.1) is amended to
read as follows:
2. a. The Division of Fish, Game and Wildlife is continued and
constituted as the Division of Fish and Wildlife in the Department of
Environmental Protection. All the functions, powers, and duties of
the existing Division of Fish, Game and Wildlife and the director
thereof are continued in the Division of Fish and Wildlife and the
director thereof, and whenever the term “Division of Fish, Game and
Wildlife” occurs or any reference is made thereto in any law, contract,
or document, it shall be deemed or mean to refer to the Division of
Fish and Wildlife.
b. The Fish and Game Council, together with all its functions,
powers and duties, is continued as the Fish and Game Council in the
[Division of Fish and Wildlife in the] Department of Environmental
Protection.
(cf: P.L.1999, c.282, s.2)
13. This act shall take effect January 1 next following the date of
enactment, but the Governor, the Senate, the Department of
Environmental Protection, the Division of Fish and Wildlife, and the
Fish and Game Council may take such action in advance thereof as
shall be necessary for the implementation of this act.
STATEMENT
This bill would expand the membership of the Fish and Game
Council from 11 members to 19 members by adding the
Commissioner of Environmental Protection, or a designated
representative, ex officio, and seven members of the public appointed
by the Governor with the advice and consent of the Senate. The seven
new members would be members of the public with experience in
environmental protection or other fields relevant to animal welfare
and with a background in the conservation of fish and game. The bill
would provide that the public members of the council serve at the
pleasure of the Governor. Current law provides that members of the
council may be removed by the Governor, for cause, upon notice and
the opportunity to be heard. The bill also amends current law to place
the Fish and Game Council within the Department of Environmental
Protection generally, rather than specifically within the Department’s
Division of Fish and Wildlife.
The bill would amend current law to provide that the
Commissioner of Environmental Protection shall select the Director
of the Division of Fish and Wildlife, and the director shall serve at the
pleasure of the commissioner. Under current law, the Director of the
Division of Fish and Wildlife is selected by the Fish and Game
Council, subject to the approval of the Governor and serves at the
pleasure of the council.
The bill would also amend current law to make all regulatory and
policy decisions of the Fish and Game Council subject to the approval
of the Commissioner of Environmental Protection.
Lastly, the bill makes various technical amendments to the
statutory text to update references to the Department of
Environmental Protection and the Division of Fish and Wildlife, and
to update statutory references.