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  • NJ A427
  • Requires use of bear-resistant containers, dumpsters, or food boxes in certain areas located in black bear habitat under certain circumstances, including garbage collection, and prohibits certain actions that would result in feeding of black bears.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would implement certain recommendations of the Fish and Game Council, as set forth in the 2010 Comprehensive Black Bear Management Policy formulated pursuant to section 30 of P.L.1948, c.448 (C.13:1B-28), and certain other measures related to black bears, as recommended by conservationists. This bill is intended to minimize the intrusion of black bears into human habitat by reducing the number of black bear feedings that occur as a result of misplaced or mismanaged food and other bear attractants. Section 1 of P.L.2002, c.97 (C.23:2A-14) currently prohibits certain acts when undertaken with the intention of feeding, attracting, or enticing black bears. This bill would amend that statute to prohibit such acts when undertaken for any purpose, in a manner that will result in the feeding, attracting, or enticing of black bears when black bears are known to frequent the area, regardless of intent. Furthermore, current law provides an exemption from this prohibition for the use and placement of bait for deer. This bill would eliminate that exemption, and would prohibit baiting for deer in municipalities located in black bear habitat. Agricultural operations that result in bear feedings, however, would remain expressly exempt from the prohibition. Furthermore, section 1 of P.L.2002, c.97 (C.23:2A-14) also provides for a civil penalty with a minimum fine of $50 and a maximum fine of $1,000 for a violation thereof, provided, however, the violator has first been issued a prior written warning. This bill would preserve the current penalty, but would eliminate the requirement that prior written warning be provided before the penalty is imposed. This bill would also prohibit any person from storing food waste or other bear-attracting refuse outdoors in any municipality located in habitat occupied by bears, whether at curbside for collection or elsewhere for any other purpose, unless the food waste or other bear attracting refuse is stored in a bear-resistant container or bear-resistant dumpster. In addition, this bill would impose a duty on public and private campgrounds and state camping facilities located in bear habitat to provide and maintain bear-resistant dumpsters and bear-resistant food boxes, or alternatives thereto approved by the Department of Environmental Protection (DEP), for the disposal and storage of food and other bear attractants. The bill would also impose a duty on certain closed communities located in bear habitat to provide and maintain bear-resistant dumpsters, or alternatives thereto approved by the DEP, in a number sufficient to meet all of the community's output of food waste and other bear-attracting refuse. The term "closed community" is defined in the bill and includes residential condominiums, cooperatives, fee simple communities, or horizontal property regimes, but not apartment buildings or garden apartment complexes. Finally, this bill establishes a civil penalty with a minimum fine of $50 and a maximum fine of $1,000 for a violation of any provision in the bill. Section 5 of this bill, pertaining to public campgrounds, would supplement P.L.1947, c.177 and be subject to the penalty provided for in section 10 thereof, which likewise carries a minimum fine of $50 and a maximum fine of $1,000.
Agriculture and Natural Resources
Introduced, Referred to Assembly Agriculture and Natural Resources Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Agriculture and Natural Resources Committee
Date Motion Yea Nay Other
None specified