Bill > A3737

Introduced Session

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 U.S. Sportsmen's Alliance Foundation v. New Jersey Department of Environmental Protection. In its February 28, 2005 decision in that case, the Court reversed a well-reasoned, unanimous three-judge Appellate Division opinion and thereby stopped the black bear hunt scheduled for December 2004 until certain specified conditions were met. In doing so, the Supreme Court found that the Fish and Game Council and the Commissioner of Environmental Protection have "shared responsibility" regarding the formulation of comprehensive policies pertaining to game animals, including black bears. The effect of this decision was to give the commissioner veto authority over any action taken by the council, thereby transforming the council into a mere advisory body. This result is clearly contrary to the statutory law establishing the Fish and Game Council as a fully capable regulatory body, providing for adoption of the State Fish and Game Code by the council only, and establishing the State Fish and Game Code as the only mechanism by which fresh water fishing, hunting, and trapping is regulated in the State. The Court's decision wrongly upset an established statutory framework, over 50 years of precedent, and the designed and mutually accepted working relationship established by the council with the Division of Fish and Wildlife over that time period since the council was created by law. Section 16 of this bill also provides that lands under the administration, ownership, management, or control of the Division of Fish and Wildlife or the DEP which were acquired in whole or in part with monies from the "hunters' and anglers' license fund," from the New Jersey Waterfowl Stamp Account, 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. This section responds in part to an Appellate Division opinion issued November 24, 2004 in the case of Safari Club International v. New Jersey Department of Environmental Protection in which the court interpreted the current statutory law in support of affirming the notice recently issued by the Commissioner of Environmental Protection closing all lands owned, managed or controlled by the DEP to bear hunting.

AI Summary

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Gail Phoebus (R)*,  Parker Space (R)*, 

Introduced, Referred to Assembly Agriculture and Natural Resources Committee (on 05/19/2016)