[Second Reprint]

SENATE, No. 1378

STATE OF NEW JERSEY

208th LEGISLATURE

INTRODUCED SEPTEMBER 24, 1998

Sponsored by:

Senator ROBERT E. LITTELL

District 24 (Sussex, Hunterdon and Morris)

Senator JOSEPH F. VITALE

District 19 (Middlesex)

Co-Sponsored by:

Senators Ciesla, Palaia, Bucco, Inverso, Kavanaugh, Kenny and Kyrillos


SYNOPSIS

Revises various hunting, trapping, and fishing license fees and related provisions, and changes name of Division of Fish, Game and Wildlife to Division of Fish and Wildlife.

CURRENT VERSION OF TEXT

As reported by the Senate Budget and Appropriations Committee on May 20, 1999, with amendments.

(Sponsorship Updated As Of: 5/25/1999)

An Act concerning fish and wildlife, amending various sections of Title 23 of the Revised Statutes, supplementing Title 23 of the Revised Statutes, and repealing R.S.23:3-23, R.S.23:3-24, R.S.23:3-25, and R.S.23:3-26.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

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

23:1-1. As used in this title:

"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 the Division of Fish [, Game] 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 [, Game] 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;

"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.1997, c.291, s.1)

2. (New section) 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.

3. R.S.23:3-1 is amended to read as follows:

23:3-1. a. A person shall not at any time hunt, take or attempt to take, kill or pursue, with a gun or any firearm of any kind or character, or with longbow and arrow, a wild bird, animal or fowl, or take or attempt to take any skunk, mink, muskrat, or other fur-bearing animal by means of a trap, or set a trap for any fur-bearing animal, nor shall any person above the age of [14] 16 years at any time take or attempt to take fish in any of the fresh waters of this State by the method commonly known as angling with a hand line or rod and line, or with longbow and arrow, unless he has first procured a proper license.

b. A person shall not engage in hunting, fishing or trapping unless the appropriate license or tag as prescribed hereunder is visibly displayed in a holder in a conspicuous place on the outer clothing at the time of such hunting, fishing or trapping. A licensee shall exhibit his license and tag for inspection to any conservation officer, deputy conservation officer, police officer or other person requesting to see it.

c. A person under 12 years of age shall not be issued a trapping license.

d. A person who is on active duty with any branch or department of the armed service of the United States shall be entitled to hunt or fish upon obtaining the proper resident license therefor.

e. Nothing in this section shall prevent the occupant of a farm in this State, who actually resides thereon, or the immediate members of his family who also reside thereon, from hunting for, taking, killing or pursuing with a gun or firearm or a longbow and arrow on the farm a wild bird, animal or fowl, from taking any skunk, mink, muskrat, or other fur-bearing animal by means of a trap or from setting a trap for a fur-bearing animal on the farm, or from taking fish on the farm with hand line, rod and line, or longbow and arrow in the manner provided by law during the time when it is lawful so to do, without being licensed hereunder. The exemption provided pursuant to this subsection shall not apply to a person residing on the farm or in a tenant house thereon who is not a member of the occupant's family, nor to a servant of the occupant.

f. (1) Any person found hunting, fishing or trapping without the proper license or tag as may be required conspicuously displayed pursuant to subsection b. of this section shall be liable to a penalty of $10 and costs, to be recovered pursuant to the provisions of Title 23, chapter 10, of the Revised Statutes.

(2) Any person who violates any provision of this section for which a penalty is not otherwise expressly provided, shall be liable to a penalty of not less than $50 nor more than $200 for each offense.

(cf: P.L.1993, c.20, s.2)

4. Section 9 of P.L.1986, c.198 (C.23:3-1c) is amended to read as follows:

9. The [Division of Fish, Game and Wildlife] division is authorized to charge a $2.00 nonrefundable application fee, in addition to any other permit or license fees authorized by law, for each permit or license, as follows:

[Duplicate hunting and fishing ........................ $2.00

Falconry .............................................. 2.00

Beaver ................................................ 2.00

Otter ................................................. 2.00

Turkey ................................................ 2.00

Special season deer ................................... 2.00

Rifle ................................................. 2.00

Semi-wild hunting preserve ............................ 2.00

Commercial fishing preserve ........................... 2.00

Commercial shooting preserve .......................... 2.00

Senior citizen fishing (over 70 years of age) ......... 2.00

Senior citizen clamming ............................... 2.00

Field trial ........................................... 2.00

Horseback riding on wildlife management area ..... 2.00

Daily use permit for wildlife management area ........ 2.00

Clubhouse rental ..................................... 2.00

Fire on wildlife management area .................... 2.00

Fish stocking by clubs ................................ 2.00

Lake lowering ......................................... 2.00

Alewife (for bait) .................................... 2.00

Carp and suckers ...................................... 2.00

Fish basket for eels, catfish, carp, and suckers ...... 2.00

Game animals and game birds:

Individual hobby ................................. 2.00

Scientific holding ................................... 2.00

Zoological ........................................... 2.00

Propagation and sale ................................. 2.00

Animal exhibitor ..................................... 2.00

Animal theatrical agency ............................. 2.00

Fur farming .......................................... 2.00

Salvage--recover carcass .............................. 2.00

Special purpose ....................................... 2.00

Scientific collecting--fish ........................... 2.00

Crab pot (recreational) ............................... 2.00

Crab pot (commercial) ................................. 2.00

Menhaden netting ...................................... 2.00

Food fish netting ..................................... 2.00

Commercial fish netting .......................... 2.00]

duplicate hunting and fishing; falconry; beaver; otter; turkey; coyote; special season Canada goose; special season deer; rifle; semi-wild hunting preserve; commercial fishing preserve; commercial shooting preserve; senior citizen fishing; senior citizen clamming; field trial; horseback riding on wildlife management area; daily use permit for wildlife management area; clubhouse rental; fire on wildlife management area; fish stocking by clubs; lake lowering; alewife (for bait); carp and suckers; fish basket for eels, catfish, carp, and suckers; game animals and game birds - individual hobby, scientific holding, zoological, propagation and sale, animal exhibitor, animal theatrical agency, and fur farming; salvage - recover carcass; special purpose; scientific collecting - fish; crab pot (recreational); crab pot (commercial); menhaden netting; food fish netting; and commercial fish netting.

The amounts remitted to the State Treasury for these application fees shall be deposited to the credit of the ["Hunters' and Anglers' License Fund."] "hunters' and anglers' license fund."

(cf: P.L.1986, c.198, s.9)

15. Section 1 of P.L.1993, c.303 (C.23:3-1e) is amended to read as follows:

1. a. Notwithstanding any law, rule, or regulation to the contrary, no fee, including application fees and issuance fees, may be charged of an applicant for a license, permit, stamp, tag, or certificate to hunt, fish, trap, or otherwise lawfully take fish, game, or any other wildlife in the State, who is an active member of the New Jersey National Guard who has completed Initial Active Duty Training or who is a disabled veteran.

The Division of Fish, Game and Wildlife shall prescribe by regulation the types of evidence that may be used to qualify persons for the benefits of this section.

b. As used in this act[,]:

"Disabled veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been declared by the United States Department of Veterans Affairs, or its successor, to have a service-connected disability of any degree; and

"Initial Active Duty Training" means Basic Military Training, for members of the New Jersey Air National Guard, and Basic Combat Training and Advanced Individual Training, for members of the New Jersey Army National Guard.1

(cf: P.L.1993, c.303, s.1)

1[5.] 6.1 (New section) For the purpose of meeting the costs of complying with information collection activities mandated by the United States Fish and Wildlife Service Migratory Bird Harvest Information Program, the division is authorized to charge a fee of $2.00 to any person who hunts migratory birds, which fee shall be in addition to any other fees charged for licenses, permits, or stamps required by law to hunt migratory birds.

1[6.] 7.1 Section 11 of P.L.1982, c.180 (C.23:3-1.1) is amended to read as follows:

11. a. The [Division of Fish, Game and Wildlife] division shall issue a special license combining the resident's firearm hunting license, the resident's bow and arrow license and the resident's fishing license as provided under R.S.23:3-4 into one license to be designated as the "All Around Sportsman License."

b. The "All Around Sportsman License" shall authorize its holder to hunt with a shotgun or bow and arrow and to angle or attempt to take fish in the fresh waters of this State at the time, and in the manner, provided by law and the State Fish and Game Code, except that this license shall not authorize its holder to take trout from the fresh waters of the State.

c. A resident of this State above the age of 16 years may procure the "All Around Sportsman License" from the [Division of Fish, Game and Wildlife] division at Trenton or from its agents as designated by the division. It shall not be valid unless it contains the signature of the owner written in ink. Each license issued under this section shall expire on December 31 next following its issuance.

d. The division shall determine the form of the "All Around Sportsman License." The fee for this license shall be [$54.50] $71.25 and an issuance fee of [$0.50] 1[$0.75] $1.001, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a). The amounts remitted to the State Treasury from the collection of this fee shall be deposited to the credit of the "hunters' and anglers' license fund."

(cf: P.L.1991, c.286, s.2)

1[7.] 8.1 R.S.23:3-2 is amended to read as follows:

23:3-2. Except as provided in [section 23:3-3 of this title] R.S.23:3-3, no license to hunt, pursue or kill with a gun or any firearm any game bird, wild animal or fowl in this state, shall be issued to a person under [fourteen] 16 years of age. An applicant for license who misrepresents his age shall be liable to a penalty of twenty dollars.

(cf: R.S.23:3-2)

1[8.] 9.1 R.S.23:3-3 is amended to read as follows:

23:3-3. The division may, in its discretion, issue a youth hunting license to a citizen of the United States above 10 years and [below 14] under 16 years of age, who has successfully completed a course in gun or bow and arrow safety, as the case may be, as required in accordance with this title [, when applied for by his] . Persons above 10 years and under 14 years of age may obtain the license only with the permission of a parent or legal guardian [, authorizing him] . The license shall authorize a licensee above 10 years and under 14 years of age to hunt only when accompanied by a holder, above 21 years of age, of a regular resident's or nonresident's firearm or bow and arrow license, as the case may be. This license shall be void after December 31 [next succeeding its issuance. The fee for this license shall be $2.75, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a). These fees shall be remitted to the State Treasurer, and placed to the credit of the "hunters' and anglers' license fund," and be disbursed by the State Treasurer on vouchers certified by the division] of the year in which the licensee becomes 16 years of age .

(cf: P.L.1991, c.286, s.3)

1[9.] 10.1 R.S.23:3-4 is amended to read as follows:

23:3-4. The licenses issued under this article shall be as follows: a. A license issued to a person above [14] 16 years of age, who has an actual and bona fide domicile in this State at the time of the application for the license and who has had an actual and bona fide domicile in this State for at least six months immediately prior thereto, provided that for a resident's trapping license the person shall be above 12 years of age. These licenses shall be [of five kinds and] designated as the resident's firearm hunting license, the resident's bow and arrow license, the resident's trapping license, and the resident's fishing license [and the resident's family fishing license. The Fish and Game Council in the Division of Fish, Game and Wildlife of the Department of Environmental Protection shall have the authority to adopt and promulgate regulations for family fishing licenses] .

(1) The resident's firearm hunting license shall authorize its holder to hunt with hounds and firearms only, and a fee of [$19.50] $26.50 and an issuance fee of [$0.50] 1[$0.75] $1.001 shall be charged therefor, except that [a person 14 or 15 years of age and] a person above the age of 65 years shall be charged a fee of [$9.25] $14.50 and an issuance fee of [$0.50] 1[$0.75] $1.001 .

(2) The resident's bow and arrow license shall authorize its holder to hunt with bow and arrow only, and a fee of [$23.50] $30.50 and an issuance fee of [$0.50] 1[$0.75] 1.001 shall be charged therefor, except that [a person 14 or 15 years of age and] a person above the age of 65 years shall be charged a fee of [$10.50] $15.50 and an issuance fee of [$0.50] 1[$0.75] $1.001.

(3) The resident's trapping license shall authorize its holder to trap only, and a fee of $31.50 and an issuance fee of [$0.50] 1[$0.75] $1.001 shall be charged therefor, except that a person [12, 13, 14 or 15 years of age shall be charged a fee of $13.25 and an issuance fee of $0.50] above 12 years and under 16 years of age shall be charged no fee .

(4) The resident's fishing license shall authorize its holder to fish only, and a fee of [$14.50] $21.50 and an issuance fee of [$0.50] 1[$0.75] $1.001 shall be charged therefor, except that (a) in any case where the applicant is above 70 [or more] years of age and is otherwise qualified, no [fee, except an application fee pursuant to section 9 of P.L.1986, c.198 (C.23:3-1c), shall be charged, and a person 14 or 15 years of age] license shall be required, and (b) a person above [the age of] 65 years and under 70 years of age shall be charged a fee of [$6.50] $11.50 and an issuance fee of [$0.50] 1[$0.75] $1.001.

[The resident's family fishing license shall authorize the parents or guardians and their children, foster children or wards between the ages of 14 and 18, named therein, to fish only. The fee for the parent's license permitting fishing only by the father or mother, or both, or the guardian shall be $24.50 and an issuance fee of $0.50; and each child, foster child or ward named therein shall be required to have and shall be issued an individual supplementary license as a member of such family, at a fee of $1.50 and an issuance fee of $0.50. The license shall be invalid from the date of its issuance when issued to a person not entitled thereto.]

(5) Any [person, a] resident of this State [,] who is afflicted with total blindness, upon application to the [Division of Fish, Game and Wildlife] division , shall be entitled to a resident's fishing license without fee or charge.

b. A license issued to a person above [14] 16 years of age not entitled to a resident's license, authorizing him to trap or to hunt , except that a nonresident's two-day small game firearm hunting license shall not permit the taking, hunting, or killing of deer or turkey . These licenses shall be designated as the nonresident's firearm hunting license, the nonresident's bow and arrow license, the nonresident's trapping license, and the nonresident's two-day small game firearm hunting license [, except that a nonresident's two-day small game firearm hunting license shall not permit the taking, hunting or killing of deer] .

(1) The fees for the nonresident's firearm hunting license and the nonresident's bow and arrow license shall each be [$99.50] $134.50 and an issuance fee of [$0.50] 1[$0.75] $1.001 .

(2) The [fees] fee for the nonresident's trapping license shall be [$149.50] $199.50 and an issuance fee of [$0.50] 1[$0.75] $1.001.

(3) The fee for a nonresident's two-day small game firearm hunting license shall be [$24.50] $35.50 and an issuance fee of [$0.50] 1[$0.75] $1.001 .

c. A license issued to a person above [14] 16 years of age not entitled to a resident's license, authorizing him to fish only. These licenses shall be designated as the nonresident's annual fishing license , the nonresident's two-day fishing license, valid for a period of two consecutive days, and the nonresident's seven-day vacation fishing license, valid for a period of seven consecutive days. [The fees for these licenses shall be $22.50 for the annual fishing license, together with an issuance fee of $0.50, and $14.50 and an issuance fee of $0.50 for the seven-day vacation fishing license.]

(1) The fee for the nonresident's annual fishing license shall be $33.00 and an issuance fee of 1[$0.75] $1.001.

(2) The fee for the nonresident's two-day fishing license shall be $8.00 and an issuance fee of 1[$0.75] $1.001.

(3) The fee for the nonresident's seven-day fishing license shall be $18.50 and an issuance fee of 1[$0.75] $1.001.

d. Every license issued hereunder shall be void after December 31 next succeeding its issuance, except the one-day hunting license, which shall expire on the date of issuance; the nonresident's seven-day fishing license, which is valid only for seven consecutive days after date of issuance; the nonresident's two-day fishing license, which shall expire on the day after the date of issuance; and the nonresident's two-day small game firearm hunting license, which shall expire on the day after the date of issuance.

Any license issued hereunder to a person under 16 years of age shall be void after December 31 of the year in which the licensee becomes 16 years of age.

e. The fees for licenses set forth in this section may be adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a).

(cf: P.L.1991, c.286, s.4)

1[10.] 11.1 Section 2 of P.L.1951, c.226 (C.23:3-4.1) is amended to read as follows:

2. The division may, in its discretion, issue a license to a person above the age of [14] 16 years authorizing him to hunt for one day only in areas licensed under subsections b. and d. of R.S.23:3-29, or at a shoot to kill field trial which is being held under a proper permit from the division. The fee for this license shall be [$6.50] $11.50 , or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), and an issuance fee of [$0.50 shall be charged therefor] 1[$0.75] $1.001 . The fees collected hereunder shall be remitted to the State Treasurer, and placed to the credit of the "hunters' and anglers' license fund," and be disbursed by the State Treasurer on vouchers certified to by the division.

(cf: P.L.1991, c.286, s.5)

1[11.] 12.1 Section 5 of P.L.1954, c.57 (C.23:3-4.6) is amended to read as follows:

5. This act shall also apply to the issuance of [juvenile] youth hunting licenses under [section 23:3-3 of the Revised Statutes] R.S.23:3-3, and all applicants for such licenses shall be required to first complete the gun safety course.

(cf: P.L.1971, c.381, s.3)

1[12.] 13.1 Section 8 of P.L.1986, c.198 (C.23:3-4.11) is amended to read as follows:

8. All persons in possession of a muzzleloader rifle or other rifle while hunting or trapping shall have in their possession, in addition to the appropriate and valid firearm hunting license or trapping license, an appropriate and valid rifle permit. The [Division of Fish, Game and Wildlife] division is authorized to charge a fee of [$11.00] $17.00 for each permit issued , except that a person under 16 years of age shall be charged a fee of $8.00 . A rifle permit issued hereunder shall be valid for a period not to exceed two years. The amount remitted to the State Treasury for rifle permits shall be deposited to the credit of the "hunters' and anglers' license fund."

The fee for a permit issued pursuant to this section may be adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a).

(cf: P.L.1991, c.286, s.6)

1[13.] 14.1 Section 5 of P.L.1957, c.195 (C.23:3-7.5) is amended to read as follows:

5. This act shall also apply to the issuance of [juvenile] youth hunting licenses under [section 23:3-3 of the Revised Statutes] R.S.23:3-3, and all applicants for such licenses shall be required to first complete the bow and arrow safety and proficiency course.

(cf: P.L.1971, c.381, s.5)

1[14.] 15.1 Section 7 of P.L.1986, c.198 (C.23:3-27.1) is amended to read as follows:

7. Whenever an open season is prescribed for wild turkey by the State Fish and Game Code, the [Division of Fish, Game and Wildlife] division is authorized to charge a fee of [$13.00] $19.00, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), except that a person under 16 years of age shall be charged a fee of $10.00, for each permit issued. This permit shall be void at the close of the prescribed open season. The amounts remitted to the State Treasury for wild turkey permits shall be deposited to the credit of the "hunters' and anglers' license fund." (cf: P.L.1991, c.286, s.8)

1[15.] 16.1 R.S.23:3-29 is amended to read as follows:

23:3-29. A person desiring to engage in the business of raising and selling game birds or game animals, or both, in a wholly enclosed area of which he is the owner or lessee, or to have in captivity game birds or game animals, shall apply in writing to the division for a license to do so. The license fee shall be [$5.00 per annum] $10.00 per year for each of the above purposes.

A person desiring to propagate pheasant, partridge, or quail, or any of them, in a semiwild state on lands of which he is the owner or lessee, shall apply in writing to the division for a license to do so. The license fee shall be [$50.00 per annum] $75.00 per year. No two or more noncontiguous tracts of land shall be covered under the same license.

The division, when it appears that the application is made in good faith, and is in the public interest, may, upon the payment of the fee for each license, issue to the applicant such of the following license or licenses as may be applied for:

a. Propagating license permitting the licensee to propagate game birds or game animals, or both, in the wholly enclosed area, the location of which is stated in the license and the application therefor, and to sell such propagated game birds or game animals, or both, and ship them from the State alive at any time and to kill the same and sell the carcasses for food subject to the conditions prescribed by R.S.23:3-28 to 23:3-39, inclusive;

b. License to propagate pheasant, partridge, or quail, or any of them, in a semiwild state on lands of which the applicant is the owner or lessee, when the applicant shall have produced evidence satisfactory to the division that he will raise, or purchase for liberation, and liberate on the semiwild preserve at least one pheasant, quail, partridge or combination thereof for each acre of land to be licensed or at least 200 pheasant, quail or partridge or combination thereof between November 1 of the year for which the license is issued and the following February 28;

c. License to keep game birds and animals in captivity; or

d. License to operate a "commercial pheasant, mallard, quail and partridge-shooting preserve," as defined pursuant to R.S.23:3-28, on lands owned or leased by the applicant, who shall apply in writing to the division for a license to do so. The license fee shall be [$200.00 per annum] $320.00 per year for the first tract of land and $165 per [annum] year for each additional tract of land, each of which shall be at least 50 acres in size, and the form of the application and license shall be determined by the division. Two or more noncontiguous tracts of land owned or leased, or operated as a commercial pheasant, mallard, quail and partridge-shooting preserve by the same person shall be covered under the same license.

The division may, upon payment of the fee, issue to the applicant such a license when it appears that:

(1) The operation of such shooting preserve shall not conflict with a prior reasonable public interest; and

(2) The applicant shall have produced evidence satisfactory to the division that he will raise or purchase for liberation and liberate on the shooting preserve a total of at least 500 pheasant, mallard, quail and partridge or combination thereof between September 1 of the year for which the license was issued and the following May 1.

e. The fees for licenses set forth in this section may be adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a).

f. The division shall coordinate the dates of issuance and renewal of the licenses to propagate game birds with the dates of issuance and renewal of licenses to operate commercial pheasant, mallard, quail and partridge-shooting preserves, and to the extent practicable, shall issue and renew these licenses under one license.

(cf: P.L.1995, c.370, s.2)

1[16.] 17.1 Section 1 of P.L.1959, c.37 (C.23:3-56.1) is amended to read as follows:

1. 2a.2 When the Fish and Game Council has established a season for deer of either sex and has fixed a certain number of [licenses] permits to be issued for [such] that harvest, the division is authorized to charge a fee>


Transfer interrupted!

usted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), except that a person under 16 years of age shall be charged a fee of $10.00, for each [license] permit so issued, which fee shall be in addition to any other fees authorized by law.

2b. (1)2 No such fee 2charged pursuant to subsection a. of this section2 shall be required of 2[the occupant of a farm in this State, who actually resides thereon, or the members of his immediate family who also reside thereon] a qualified farmer or the spouse or children of that farmer who reside in the farmer's household2, provided [such]that the person or persons are otherwise authorized to participate in [such] the limited harvest.

The exemption [of] provided under this 2[section] subsection:

(a)2 shall not apply to a person residing on the farm or in a tenant house thereon who is not 2[a member of the occupant's family]the spouse or a child of the qualified farmer2, nor to 2[a servant] an employee2 of the 2[occupant] qualified farmer;

(b) shall be limited to one permit each for the qualified farmer who owns or leases a farm on which the farmer resides as described in subparagraph (a) of paragraph (3) of this subsection, and the spouse and children of that farmer; and

(c) shall be limited to one permit each for the qualified farmer or farmers who owns or leases a farm or farms on which that farmer or farmers does not reside as described in subparagraph (b) of paragraph (3) of this subsection, and their spouses and children, but in no case shall more than five permits in total be issued for such property pursuant to this subparagraph.

(2) An application for a permit issued to a qualified farmer or the spouse or a child of that farmer pursuant to this subsection shall be made on a form supplied by the division and shall include, in the case of leased land, a copy of all leases authorizing the agricultural and hunting uses of the land.

(3) For purposes of this subsection, "qualified farmer" means a person who:

(a) owns or leases a farm on which that person resides that is valued, assessed and taxed as land actively devoted to agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.); or

(b) owns or leases a farm on which that person does not reside, provided that: (i) the person actively farms at least 30 tilled, non-woodland acres, which may be noncontiguous; and (ii) the farm, or each parcel in the case of noncontiguous parcels, is valued, assessed and taxed as land actively devoted to agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).

(c) The division may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement the provisions of this section2.

(cf: P.L.1999, c.93, s.1)

1[17.] 18.1 Section 1 of P.L.1952, c.328 (C.23:3-57) is amended to read as follows:

1. No person, above the age of [14] 16 years or under the age of 70 years , shall [,] take or attempt to take trout in any of the fresh waters of this State, unless he has first procured, as hereinafter provided, a special trout stamp, in addition to the license required by article 1 of chapter 3 of Title 23 of the Revised Statutes and unless at the time of fishing he has the license and stamp affixed to [said] that license on his person, and exhibits the same for inspection to any warden, deputy warden, police officer or other person requesting to see them.

The stamp issued under this act shall be designated as the "special trout fishing stamp" and shall authorize its holder to take trout at the time and in the manner provided by law, or by the Fish and Game Code, and shall be invalid unless it contains the name of the licensee written in ink.

(cf: P.L.1971, c.309, s.1)

1[18.] 19.1 Section 3 of P.L.1952, c.328 (C.23:3-59) is amended to read as follows:

3. The fee for this stamp shall be [$7.00] $10.50 for residents and [$14.00] $20.00 for nonresidents, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a). The amounts remitted to the State Treasury for stamps issued under this law shall be placed to the credit of the "hunters' and anglers' license [fund" mentioned in R.S.23:3-12.] fund."

(cf: P.L.1991, c.286, s.10)

1[19.] 20.1 Section 1 of P.L.1975, c.117 (C.23:3-61.1) is amended to read as follows:

1. No person above the age of 16 years shall at any time hunt for, pursue, kill, take or attempt to take with a firearm or bow and arrow, or have in possession, any pheasant or quail while present in such division wildlife management areas as may be designated in the Fish and Game Code unless such person is the holder of a valid youth hunting license issued pursuant to R.S.23:3-3 or has first procured in addition to a hunting license a valid "special pheasant and quail stamp."

This special pheasant and quail "stamp" shall be in the possession of the hunter at all times while engaged in hunting pheasant or quail in such division wildlife management areas as may be designated in the Fish and Game Code and the hunter shall exhibit the special stamp for inspection to any conservation officer, deputy conservation officer or police officer requesting to see the stamp.

(cf: P.L.1975, c.117, s.1)

1[20.] 21.1 Section 3 of P.L.1975, c.117 (C.23:3-61.3) is amended to read as follows:

3. The fee for this stamp shall be [$20.00] $40.00 , or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a). The amounts remitted to the State Treasury for special pheasant and quail stamps shall be deposited to the credit of the "hunters' and anglers' license fund."

(cf: P.L.1991, c.286, s.11)

1[21.] 22.1 Section 2 of P.L.1970, c.247 (C.23:3-63) is amended to read as follows:

2. (a) The division may, in its discretion, after application on forms furnished by it, issue to an owner of such fishing preserve waters a fishing preserve license permitting the holder thereof to manage such fishing preserve waters and to possess, propagate and rear, and to take or permit others to take therefrom, fish therein legally propagated or acquired. Such license shall expire on December 31 in the year it was issued unless previously revoked. A separate license is required for each body of water defined herein as fishing preserve waters. Two or more ponds under one ownership, supplied by one common water source and located on one continuous parcel of land, shall be considered as one body of water requiring one license.

(b) The license so issued shall: contain the name of the town and county in which such fishing preserve waters are located; specify the species of fish authorized to be stocked therein; authorize the licensee to stock, propagate, raise and release such fish in such licensed fishing preserve waters and to buy, sell or otherwise traffic in fish taken therefrom; specify the manner of tagging fish taken from the licensed waters; specify the means of acquisition of fish stocked therein.

(c) The license may also: authorize the licensee to control undesirable protected fish, wildlife and insects and specify means of control of same; specify such other restrictions and controls for the management of fishing preserve waters as in the judgment of the division may be deemed advisable for proper fish management.

(d) The fee for the license shall be [$150.00] $228.00 per year, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), payable at the time application is made. (e) The division may for cause, revoke or suspend the license of any licensee.

(cf: P.L.1982, c.180, s.9)

1[22.] 23.1 R.S.23:3-23, R.S.23:3-24, R.S.23:3-25, and R.S.23:3-26 are repealed.

1[23.] 24.1 This act shall take effect immediately.