Clarifies that Fish and Game Council has sole authority to regulate freshwater fishing, hunting, and trapping.

A141

ASSEMBLY, No. 141

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Clarifies that Fish and Game Council has sole
authority to regulate freshwater fishing, hunting, and trapping.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the Fish and Game Council, the Division of Fish and Wildlife, and
the Department of Environmental Protection, amending various parts of the
statutory law, and supplementing Title 23 of the Revised Statutes.

����
Be It Enacted

by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 25 of P.L.1948,
c.448 (C.13:1B-23) is amended to read as follows:

���� 25.� All of the functions,
powers and duties of the Division of Fish and Game of the existing State
Department of Conservation,
[
of the Fish and Game
Council therein,
]
and of the State Commissioner
of Conservation relating to or administered through
[
said
]

that
division, herein transferred to the
Department of Conservation and Economic Development, are hereby assigned to,
and shall be exercised and performed through, the Division of Fish and Game in
the department.

(cf: P.L.1948, c.448, s.25)

���� 2.��� Section 26 of P.L.1948,
c.448 (C.13:1B-24) is amended to read as follows:

���� 26.� There shall be within
,
but not of,
the Division of Fish
[
, Game
]
and Wildlife, a Fish and Game Council which shall
consist of 11 members, each of whom shall be chosen with due regard to
[
his
]

the member's

knowledge of and interest in the conservation of fish and game.� Each 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; 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
]

the
members shall be the
[
chairman
]

chairperson
of the committee established
pursuant to section 7 of
[
the "Endangered
]

"The Endangered
and Nongame Species
Conservation
[
Act" (P.L.1973, c.309;
C.23:2A-7)
]

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.� One of
[
such
]

the
farmer
representatives and two of
[
such
]

the
sportsmen representatives in 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 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 member of the council
shall be appointed for a term of
[
4
]

four
years and shall serve until his
successor has been appointed and has qualified.

(cf: P.L.1979, c.199, s.72)

���� 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, and shall, unless sooner removed by the Governor as
hereinafter provided, serve at the pleasure of
[
such
]

the
council 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
,
except, with respect to implementation of the State Fish and Game Code and any
comprehensive policies concerned therewith adopted or formulated by the Fish
and Game Council, the director shall be under the direction of the Fish and
Game Council
.

(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.�
a.
� In addition to
its powers and duties otherwise hereinafter provided
in sections 31 through
41 of P.L.1948, c.448 (C.13:1B-29 et al.)
, 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.�
No such approval of the
commissioner shall be required with respect to the formulation of any
comprehensive policies concerning the State Fish and Game Code adopted pursuant
to sections 31 through 41 of P.L.1948, c.448 (C.13:1B-29 et al.) or with
respect to the implementation of the State Fish and Game Code by the Division
of Fish and Wildlife, the division director, the Department of Environmental
Protection, and the commissioner as directed by the council.

����
b.
��� The council shall
also:

����
[
a.
]
�
(1)
� Consult with and advise the
commissioner and director of the Division of Fish and
[
Game
]

Wildlife
with respect to the work of such
division.

����
[
b.
]
�
(2)
� Study the activities of the Division of
Fish and
[
Game
]

Wildlife

and hold hearings with respect thereto as it may deem necessary or desirable.

����
[
c.
]
�
(3)
� 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 in the Department of Conservation and
Economic Development.

���� "Council" means the
Fish and Game Council in the Division of Fish and Game of the Department of
Conservation and Economic Development.
]

���� "Code" means the
State Fish and Game Code
[
.
]

;

����
"Council" means
the Fish and Game Council in but not of the Division of Fish and Wildlife; and

����
"Division" means
the Division of Fish and Wildlife in the Department of Environmental
Protection.

(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 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 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 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, 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.

����
The council shall be the
sole authority in determining whether or not any species of fresh water fish,
game bird, game animal, or fur-bearing animal may be pursued, taken, killed, or
had in possession and in determining what circumstances, when and in what
localities, by what means and in what amounts and numbers those species may be
pursued, taken, killed, or had in possession.� As directed by the council, the
division, the division director, the Department of Environmental Protection,
and the Commissioner of Environmental Protection shall implement the State Fish
and Game Code as adopted by the council and any comprehensive policies
concerned therewith as formulated by the council.

(cf: P.L.1948, c.448, s.32)

���� 7.��� Section 7 of P.L.1970,
c.33 (C.13:1D-4) is amended to read as follows:

���� 7.��� a.� All the functions,
powers and duties of the Division of Fish and Game of the existing Department
of Conservation and Economic Development,
[
of the
Fish and Game Council therein,
]
and of the
Division of Shell Fisheries of the existing Department of Conservation and
Economic Development, and of the Shell Fisheries Council therein, and of the
Commissioner of Conservation and Economic Development relating to, or
administered through
[
said
]

those
divisions, are transferred to and
vested in the Division of Fish, Game and Shell Fisheries established hereunder.

���� b.��� The Fish and Game
Council, together with all of its functions, powers and duties, is continued as
the Fish and Game Council in
but not of
the Division of Fish, Game and
Shell Fisheries in the Department of Environmental Protection.� This act shall
not affect the terms of office of the present members of the council.� The
members of the council shall continue to be appointed as provided by existing
law.

���� c.���� The Shell Fisheries
Council, together with all of its functions, powers, and duties, is continued
as the Shell Fisheries Council in the Division of Fish, Game and Shell
Fisheries in the Department of Environmental Protection.� This act shall not
affect the terms of office of the present members of the council.� The members
of the council shall continue to be appointed as provided by existing law.

(cf: P.L.1970, c.33, s.7)

���� 8.��� Section 12 of P.L.1970,
c.33 (C.13:1D-9) is amended to read as follows:

���� 12.� The department shall
formulate comprehensive policies for the conservation of the natural resources
of the State, the promotion of environmental protection and the prevention of
pollution of the environment of the State.�
These comprehensive policies
shall not supersede or contradict the State Fish and Game Code as adopted and
implemented by the Fish and Game Council pursuant to sections 31 through 41 of
P.L.1948, c.448 (C.13:1B-29 et al.) or any comprehensive policies concerned
therewith formulated by the council.
� The department shall in addition to
the powers and duties vested in it by this act or by any other law have the
power to:

���� a.���� Conduct and supervise
research programs for the purpose of determining the causes, effects and
hazards to the environment and its ecology;

���� b.��� Conduct and supervise
Statewide programs of education, including the preparation and distribution of
information relating to conservation, environmental protection and ecology;

���� c.���� Require the
registration of persons engaged in operations which may result in pollution of
the environment and the filing of reports by them containing such information
as the department may prescribe to be filed relative to pollution of the
environment, all in accordance with applicable codes, rules or regulations
established by the department;

���� d.��� Enter and inspect any
property, facility, building, premises, site or place for the purpose of
investigating an actual or suspected source of pollution of the environment and
conducting inspections, collecting samples, copying or photocopying documents or
records, and for otherwise ascertaining compliance or noncompliance with any
laws, permits, orders, codes, rules and regulations of the department.� Any
information relating to secret processes concerning methods of manufacture or
production, obtained in the course of such inspection, investigation or
determination, shall be kept confidential, except this information shall be
available to the department for use, when relevant, in any administrative or
judicial proceedings undertaken to administer, implement, and enforce State
environmental law, but shall remain subject only to those confidentiality
protections otherwise afforded by federal law and by the specific State
environmental laws and regulations that the department is administering,
implementing and enforcing in that particular case or instance.� In addition,
this information shall be available upon request to the United States
Government for use in administering, implementing, and enforcing federal
environmental law, but shall remain subject to the confidentiality protection
afforded by federal law.� If samples are taken for analysis, a duplicate of the
analytical report shall be furnished promptly to the person suspected of
causing pollution of the environment;

���� e.���� Receive or initiate
complaints of pollution of the environment, including thermal pollution, hold
hearings in connection therewith and institute legal proceedings for the
prevention of pollution of the environment and abatement of nuisances in
connection therewith and shall have the authority to seek and obtain injunctive
relief and the recovery of fines and penalties in a court of competent
jurisdiction;

���� f.���� Prepare, administer and
supervise Statewide, regional and local programs of conservation and
environmental protection, giving due regard for the ecology of the varied areas
of the State and the relationship thereof to the environment, and in connection
therewith prepare and make available to appropriate agencies in the State
technical information concerning conservation and environmental protection,
cooperate with the Commissioner of Health and Senior Services in the
preparation and distribution of environmental protection and health bulletins
for the purpose of educating the public, and cooperate with the Commissioner of
Health and Senior Services in the preparation of a program of environmental
protection;

���� g.��� Encourage, direct and
aid in coordinating State, regional and local plans and programs concerning
conservation and environmental protection in accordance with a unified
Statewide plan which shall be formulated, approved and supervised by the
department.� In reviewing such plans and programs and in determining conditions
under which such plans may be approved, the department shall give due
consideration to the development of a comprehensive ecological and
environmental plan in order to be assured insofar as is practicable that all
proposed plans and programs shall conform to reasonably contemplated
conservation and environmental protection plans for the State and the varied
areas thereof;

���� h.��� Administer or supervise
programs of conservation and environmental protection, prescribe the minimum
qualifications of all persons engaged in official environmental protection
work, and encourage and aid in coordinating local environmental protection services;

���� i.���� Establish and maintain
adequate bacteriological, radiological and chemical laboratories with such
expert assistance and such facilities as are necessary for routine examinations
and analyses, and for original investigations and research in matters affecting
the environment and ecology;

���� j.���� Administer or supervise
a program of industrial planning for environmental protection; encourage
industrial plants in the State to undertake environmental and ecological
engineering programs; and cooperate with the State Departments of Health and
Senior Services
[
,
]
and� Labor
and Workforce Development, and the New Jersey
[
Commerce
Commission
]

Economic Development Authority,
in formulating rules and regulations
concerning industrial sanitary conditions;

���� k.��� Supervise sanitary
engineering facilities and projects within the State, authority for which is
now or may hereafter be vested by law in the department, and shall, in the
exercise of such supervision, make and enforce rules and regulations concerning
plans and specifications, or either, for the construction, improvement,
alteration or operation of all public water supplies, all public bathing
places, landfill operations and of sewerage systems and disposal plants for
treatment of sewage, wastes and other deleterious matter, liquid, solid or
gaseous, require all such plans or specifications, or either, to be first
approved by it before any work thereunder shall be commenced, inspect all such
projects during the progress thereof and enforce compliance with such approved
plans and specifications;

���� l.���� Undertake programs of
research and development for the purpose of determining the most efficient,
sanitary and economical ways of collecting, disposing, recycling or utilizing
[
of
]
solid waste;

���� m.�� Construct and operate, on
an experimental basis, incinerators or other facilities for the disposal of
solid waste, provide the various municipalities and counties of this State, and
the Division of Local Government Services in the Department of Community
Affairs with statistical data on costs and methods of solid waste collection,
disposal and utilization;

���� n.��� Enforce the State air
pollution, water pollution, conservation, environmental protection, solid and
hazardous waste management laws, rules and regulations, including the making
and signing of a complaint and summons for their violation by serving the summons
upon the violator and thereafter filing the complaint promptly with a court
having jurisdiction;

���� o.��� Acquire by purchase,
grant, contract or condemnation, title to real property, for the purpose of
demonstrating new methods and techniques for the collection or disposal of
solid waste;

���� p.��� Purchase, operate and
maintain, pursuant to the provisions of this act, any facility, site,
laboratory, equipment or machinery necessary to the performance of its duties
pursuant to this act;

���� q.��� Contract with any other
public agency or corporation incorporated under the laws of this or any other
state for the performance of any function under this act;

���� r.���� With the approval of
the Governor, cooperate with, apply for,
and
receive and expend funds
from, the federal government, the State Government, or any county or municipal
government or from any public or private sources for any of the objects of this
act;

���� s.���� Make annual and such
other reports as it may deem proper to the Governor and
, pursuant to section
2 of P.L.1991, c.164 (C.52:14-19.1), to
the Legislature, evaluating the
demonstrations conducted during each calendar year;

���� t.���� Keep complete and
accurate minutes of all hearings held before the commissioner or any member of
the department pursuant to the provisions of this act.� All such minutes shall
be retained in a permanent record, and shall be available for public inspection
at all times during the office hours of the department;

���� u.��� Require any person
subject to a lawful order of the department, which provides for a period of
time during which such person subject to the order is permitted to correct a
violation, to post a performance bond or other security with the department in
such form and amount as shall be determined by the department. Such bond need
not be for the full amount of the estimated cost to correct the violation but
may be in such amount as will tend to insure good faith compliance with said
order.� The department shall not require such a bond or security from any
public body, agency or authority.� In the event of a failure to meet the
schedule prescribed by the department, the sum named in the bond or other
security shall be forfeited unless the department shall find that the failure
is excusable in whole or in part for good cause shown, in which case the
department shall determine what amount of said bond or security, if any, is a
reasonable forfeiture under the circumstances. Any amount so forfeited shall be
utilized by the department for the correction of the violation or violations,
or for any other action required to insure compliance with the order;

���� v.��� Encourage and aid in
coordinating State, regional and local plans, efforts and programs concerning
the remediation and reuse of former industrial or commercial properties that
are currently underutilized or abandoned and at which there has been, or is perceived
to have been, a discharge, or threat of a discharge, of a contaminant.� For the
purposes of this subsection, "underutilized property" shall not
include properties undergoing a reasonably timely remediation or redevelopment
process; and

���� w.�� Conduct research and
implement plans and programs to promote ecosystem-based management.

(cf: P.L.2007, c.288, s.6)

���� 9.��� Section 21 of P.L.1970,
c.33 (C.13:1D-18) is amended to read as follows:

���� 21.� With respect to the
functions, powers and duties hereby transferred to the Department of
Environmental Protection, whenever in any law, rule, regulation, contract,
document, judicial or administrative proceeding or otherwise, reference is made
to the Department of Conservation and Economic Development, or the commissioner
thereof, the same shall mean and refer to the Department of Environmental
Protection and the Commissioner of Environmental Protection, respectively.

���� With respect to the functions,
power and duties of the Department of Health and the commissioner thereof,
which are herein transferred and vested in the Division of Environmental
Quality established hereunder, whenever in any law, rule, regulation, contract,
document or otherwise, reference is made to the� Department of Health, or the
commissioner thereof, the same shall be deemed to mean and refer to the
Department of Environmental Protection and the Commissioner of Environmental
Protection, respectively.

���� Whenever the term
"Division of Clean Air and Water" occurs or any reference is made
thereto in any law, contract or document, the same shall be deemed to mean or
refer to the Division of Environmental Quality in the Department of
Environmental Protection established hereunder.

���� Whenever the term "Clean
Air Council" occurs or any reference is made thereto in any law, contract
or document, the same shall be deemed to mean or refer to the Clean Air Council
in the Department of Environmental Protection established hereunder.

���� Whenever the term "Clean
Water Council"� occurs or any reference is made thereto in any law,
contract or document, the same shall be deemed to mean or refer to the Clean
Water Council in the Department of Environmental Protection established hereunder.

���� Whenever the term,
"Commission on Radiation Protection" or any reference is made thereto
in any law, contract or document, the same shall be deemed to mean or refer to
the Commission on Radiation Protection in the Department of Environmental Protection
established hereunder.

���� Whenever the term�
"Division of Fish and Game" or "Division of Shell
Fisheries" occurs or any reference is made thereto in any law, contract or
document, the same shall be deemed to refer to the Division of Fish
[
, Game and Shell Fisheries
]

and Wildlife
established hereunder.

���� Whenever the term
"Director of Fish and Game" occurs or any reference is made thereto
in any law, contract or document, the same shall be deemed to mean or refer to
the Director of the Division of Fish
[
, Game and
Shell Fisheries
]

and Wildlife
established
hereunder.

���� Whenever the term "Fish
and Game Council" occurs or any reference is made thereto in any law,
contract or document, the same shall be deemed to mean or refer to the Fish and
Game Council in
but not of
the Department of Environmental Protection
established hereunder.

���� Whenever the term "Shell
Fisheries Council" occurs or any reference is made thereto in any law,
contract or document, the same shall be deemed to mean or refer to the Shell
Fisheries Council in the Department of Environmental Protection established
hereunder.

���� Whenever the term
"Director of Shell Fisheries" occurs or any reference is made thereto
in any law, contract or document, the same shall be deemed to mean or refer to
the Director of the Division of Fish
[
, Game and
Shell Fisheries
]

and Wildlife
established
hereunder.

���� Whenever the term
"Division of Resource Development" or "Director of the Division
of Resource Development" occurs or any reference is made thereto in any
law, contract or document, the same shall be deemed to mean or refer to the�
Division of Natural Resources established hereunder and the director thereof,
respectively.

���� Whenever the term
"Resource Development Council" or "Planning and Development
Council" occurs or any reference is made thereto in any law, contract or
document, the same shall be deemed to mean or refer to the Natural Resource
Council established hereunder.

���� Whenever the term
"Division of Parks, Forestry and Recreation" occurs or any reference
is made thereto in any law, contract or document, the same shall be deemed to
mean or refer to the Division of Parks, Forestry and Recreation in the Department
of Environmental Protection established hereunder.

���� Whenever the term "Parks,
Forestry and Recreation Council" occurs or any reference is made thereto
in any law, contract or document, the same shall be deemed to mean or refer to
the Parks, Forestry and Recreation Council in the Department of Environmental
Protection established hereunder.

���� Whenever the term
"Division of Water Policy and Supply" occurs or any reference is made
thereto in any law, contract or document, the same shall be deemed to mean or
refer to the Division of Water Policy and Supply in the Department of Environmental
Protection.

���� Whenever the term "Water
Policy and Supply Council" occurs or any reference is made thereto in any
law, contract or document, the same shall be deemed to mean or refer to the
Water Policy and Supply Council in the Department of Environmental Protection.

���� Whenever the term
"Division of Economic Development" is referred to in any law,
contract or document, the same shall be deemed to mean or refer to the Division
of Economic Development in the Department of Labor and Industry.

���� Whenever the term
"Economic Development Council" is referred to in any law, contract or
document, the same shall be deemed to mean or refer to the Economic Development
Council in the Department of Labor and Industry.

���� Whenever the term
"Division of Veterans' Services" is referred to in any law, contract
or document, the same shall be deemed to mean or refer to the organizational
unit of the Department of Institutions and Agencies to be established pursuant
to section 13 of this act.

���� Whenever the term
"Veterans' Services Council" is referred to in any law, contract or
document, the same shall be deemed to mean or refer to the Veterans Services
Council in the Department of Institutions and Agencies.

���� With respect to the functions,
powers and duties of the Department of Agriculture which are hereby transferred
and vested in the Division of Environmental Quality established hereunder,
whenever in any law, rule, regulation, contract, document or otherwise
reference is made to the Department of Agriculture, the same shall mean and
refer to the Department of Environmental Protection established hereunder.

(cf: P.L.1970, c.33, s.21)

���� 10.� R.S.23:1-1 is amended to
read as follows:

���� 23:1-1.� As used in this
title:

���� "Apprentice license"
means any resident's apprentice firearm hunting license, resident's apprentice
bow and arrow license, nonresident's apprentice firearm hunting license, or
nonresident's apprentice bow and arrow license issued pursuant to R.S.23:3-4.

���� "Assistant
protector" or "assistant fish and game protector" means the
Deputy Chief of the Bureau of Law Enforcement in the division;

���� "Closed season"
means the date and time of year when wildlife may not be captured, taken,
killed, or had in possession in the field;

���� "Code" means the
State Fish and Game Code;

���� "Conservation
officer" means any sworn, salaried member of the Bureau of Law Enforcement
in the division holding the titles of Conservation Officer I, II, or III, and
includes the titles of Supervising Conservation Officer and Chief of the Bureau
of Law Enforcement;

���� "Council" means the
Fish and Game Council in
but not of
the Division of Fish and Wildlife in
the Department of Environmental Protection;

���� "Delaware river"
means the waters of the Delaware river from the Pennsylvania shore to the New
Jersey shore, or in the case of any tributaries or inland bays on the New
Jersey side, to the mouths of those tributaries or bays;

���� "Deputy warden" or
"deputy fish and game warden" means any commissioned deputy
conservation officer of the Bureau of Law Enforcement in the division;

���� "Division,"
"Division of Fish, Game and Wildlife," "board," or
"Board of Fish and Game Commissioners" means the Division of Fish and
Wildlife in the Department of Environmental Protection;

���� "Fishing" means the
possession of an instrument used to take fish in a condition that makes the
instrument readily usable, while in a place or in proximity thereto where fish
may be found;

���� "Hunting" means the
possession of an instrument used to take wildlife in a condition that makes the
instrument readily usable, while in a place or in proximity thereto where
wildlife may be found;

���� "Open season" means
the date and time of year when wildlife may be captured, taken, killed, or had
in possession;

���� "Protector" or
"fish and game protector" means the Chief of the Bureau of Law
Enforcement in the division;

���� "Warden" or
"fish and game warden" means a conservation officer;
and

���� "Wildlife" means any
wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean or other wild
animal or any part, product, egg or offspring or the dead body or parts
thereof.

(cf: P.L.2015, c.83, s.1)

���� 11.� R.S.23:2-2 is amended to
read as follows:

���� 23:2-2.� The duties of the
[
board
]

division

shall be the protection and propagation of fish, birds and game animals
,
implementation of the State Fish and Game Code as adopted by the Fish and Game
Council pursuant to sections 31 through 41 of P.L.1948, c.448 (C.13:1B-29 et
al.) and of any comprehensive policies concerned therewith as formulated by the
council
, enforcement of the laws relating thereto, propagation and
distribution of food fish and the keeping up of the supply thereof in the
waters of the
[
state
]

State
.� The
[
board
]

division
may close streams or parts of
streams for
[
forty-eight
]

48
hours immediately following the stocking
[
of
same
]

thereof
by the
[
board
]

division

, and may revoke the license of any person who shall violate the regulation so
prescribed.� The
[
board
]

division
may permit persons, when duly authorized by the
[
board
]

division

, to carry firearms in the woods and fields at any time when necessary for the
conservation of
[
wild life
]

wildlife
.� The
[
board
]

division
shall have the conduct and control
of all hatching stations owned and operated by the
[
state
]

State
.� It may investigate any complaint made
to it, at all times inspect any dam, weir, fish basket, net or other illegal
apparatus for taking fish, and forthwith remove the same, and, on view or
information, enforce the laws for the protection and propagation of fish, birds
and game animals in
[
this state
]

the State
, by arrest and prosecution of the
offender, without complaint or warrant.� It shall make a full report to the
[
legislature
]

Legislature

annually, at its meeting, of all its official operations for

the year ending on June
[
thirtieth
]

30

preceding, with any suggestions and recommendations it deems useful.

(cf: R.S.23:2-2)

���� 12.� Section 1 of P.L.1948,
c.39 (C.23:2-2.1) is amended to read as follows:

���� 1.��� Whenever pursuant to law
the Governor shall, by proclamation, close any forests, woodlands or open lands
to entry, and any open season for taking fish, game birds, game animals or
fur-bearing animals or any of them, shall have been suspended or curtailed
thereby, the Fish and Game Council, at the expiration of the period of
[
such
]

that

closure, may
[
, subject to the approval of the
State� Commissioner of Conservation,
]
by order
provide for a new open season or for an extension of
[
such
]

the
open season curtailed, within the limits
of the area affected by the Governor's proclamation, for a period not exceeding
that during which
[
said
]

the
open season was suspended or curtailed.

(cf: P.L.1948, c.39, s.1)

���� 13.� Section 74 of P.L.1979,
c.199 (C.23:2B-15) is amended to read as follows:

���� 74.� a.� The Division of Fish,
Game and Shellfisheries is continued and constituted as the Division of Fish,
Game and Wildlife in the Department of Environmental Protection.� Except as
otherwise provided by this act, all the functions, powers and duties of the
existing Division of Fish, Game and Shellfisheries, and the director, thereof,
are continued in the Division of Fish, Game and Wildlife and the director
thereof, and whenever the term "Division of Fish, Game and
Shellfisheries" occurs or any reference is made thereto in any law,
contract or document, the same shall be deemed or mean to refer to the Division
of Fish, Game 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
but not of
the Division of Fish, Game and
Wildlife in the Department of Environmental Protection.

(cf: P.L.1979, c.199, s.74)

���� 14.� 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
but not of
the Division of Fish and
Wildlife in the Department of Environmental Protection.

(cf: P.L.1999, c.282, s.2)

���� 15.� Section 4 of P.L.1984,
c.37 (C.23:4-22.4) is amended to read as follows:

���� 4.��� The Board of Governors
of Rutgers, The State University, shall direct the Department of Wildlife
Management at Cook College to conduct a study to identify or develop an animal
trap which substantially reduces injury and pain to both targeted and nontargeted
animals which are caught in the trap and which could serve as an alternative to
the steel-jaw leghold type animal trap.� The results of this study shall be
published in a report to the New Jersey Fish and Game Council, hereinafter
referred to as the "council," in
but not of
the Department of
Environmental Protection within one year of the effective date of this
amendatory and supplementary act.� For the purposes of this amendatory and
supplementary act, the steel-jaw leghold type animal trap does not mean mouse
and rat traps designed for use in or under buildings.

(cf: P.L.1984, c.37, s.4)

���� 16.� (New section) a.
Notwithstanding any law, rule, or regulation to the contrary, including but not
limited to the provisions of subsection a. of section 5 of P.L.1948, c.448
(C.13:1B-5), lands under the administration, ownership, management, or control
of the Division of Fish and Wildlife or the Department of Environmental
Protection which were acquired in whole or in part with monies from the
"hunters' and anglers' license fund" created pursuant to R.S.23:3-11
and R.S.23:3-12, from the New Jersey Waterfowl Stamp Account established
pursuant to section 5 of P.L.1983, c.504 (C.23:3-79), or with federal aid for
fish and wildlife purposes, shall not be closed to the taking of any species of
freshwater fish or wildlife in accordance with the State Fish and Game Code by
the action of any State agency or official without the approval of the Fish and
Game Council.

���� b.��� For the purposes of
subsection a. of this section, "federal aid for fish and wildlife
purposes" means any federal grant program to the states for fish and
wildlife purposes using funds derived from the assessment of federal excise
taxes on sporting equipment, including but not limited to the federal aid in
sport fish restoration program, 16 U.S.C. s.777 et seq., and the federal aid in
wildlife restoration program, 16 U.S.C. s.669 et seq.

���� 17.� This act shall take
effect immediately.

STATEMENT

���� This bill clarifies existing
law that the Fish and Game Council is empowered as the sole State governmental
entity responsible for determining whether or not any species of fresh water
fish, game bird, game animal, or fur-bearing animal may be fished, hunted, or
trapped, and in determining what circumstances, when and in what localities, by
what means and in what amounts and numbers those species may be fished, hunted,
or trapped.� The bill also clarifies existing law to require the Division of
Fish and Wildlife, the division director, the Department of Environmental
Protection (DEP), and the Commissioner of Environmental Protection to implement
the State Fish and Game Code as adopted by the council and any comprehensive
policies concerned therewith as formulated by the council, all as directed by
the council.� The bill further emphasizes the autonomy of the council
pertaining to matters of fresh water fishing, hunting, and trapping by removing
the council from the division and instead locating it in, but not of, the
division and the DEP.

���� This bill is necessary to
correct the clearly erroneous interpretation of the statutory law given
recently by the New Jersey Supreme Court in the case of