ASSEMBLY CONCURRENT RESOLUTION No. 40

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Morris, Sussex and Warren)

Assemblyman  PARKER SPACE

District 24 (Morris, Sussex and Warren)

Assemblyman  GARY R. CHIUSANO

District 24 (Morris, Sussex and Warren)

 

Co-Sponsored by:

Assemblymen Milam, Albano, Assemblywoman N.Munoz, Assemblymen Amodeo and C.A.Brown

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to preserve right of people to fish, hunt, trap and harvest fish and wildlife.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


A Concurrent Resolution proposing to amend Article I of the New Jersey Constitution by adding a new paragraph.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.  The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article I by adding a new paragraph 23 to read as follows:

     23.  Fishing, hunting, trapping and the harvesting of fish and wildlife are a valued part of the State’s heritage and the right of the people to fish, hunt, trap and harvest fish and wildlife shall be forever preserved.  Fish and wildlife shall be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by fishermen, hunters and trappers. Fish and wildlife management shall be consistent with the State's duty to protect this heritage and its duty to conserve fish and wildlife for the recreational enjoyment of future generations, including but not limited to, fishermen, hunters and trappers. The taking of fish and wildlife by fishermen, hunters and trappers, by traditional means and methods, shall always be a preferred and available way of controlling all invasive or overpopulated species.

 

     2.  When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Attorney General, not less than three months prior to the general election.

 

     3.  This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.  In every municipality the following question:

 

 

 

CONSTITUTIONAL AMENDMENT TO PRESERVE THE RIGHT OF THE PEOPLE TO FISH, HUNT, TRAP AND HARVEST FISH AND WILDLIFE

 

YES

Shall the proposed amendment to Article I of the State Constitution, agreed to by the Legislature, preserving the right of the people to fish, hunt, trap and harvest fish and wildlife consistent with the State's duty to protect this heritage while conserving fish and wildlife, be approved?

 

 

INTERPRETIVE STATEMENT

 

NO

 

 

 

 

 

 

 

 

 

 

 

Approval of this amendment would make fishing, hunting, trapping and the harvesting of fish and wildlife a constitutionally protected right in the State.  Fish and wildlife would have to be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by fishermen, hunters and trappers. Fish and wildlife management would have to be consistent with the State's duties to protect this heritage and to conserve fish and wildlife for the recreational enjoyment of future generations.  Fishing, hunting, trapping and harvesting of fish and wildlife, by traditional means and methods, would always be the preferred and available way of controlling all invasive or overpopulated species.

 

 

STATEMENT

 

     Fishing, hunting, trapping and the harvesting of fish and wildlife are a valued part of the State’s heritage.  This constitutional amendment would preserve the right of the people to fish, hunt, trap and harvest fish and wildlife. The amendment would also require that fish and wildlife be managed by laws and regulations that provide persons with the continued opportunity to take, by traditional means and methods, species traditionally pursued by fishermen, hunters and trappers. Fish and wildlife management would be required to be consistent with both the State's duty to protect its sporting heritage and its duty to conserve fish and wildlife. The amendment would also require that fishing, hunting, trapping and the harvesting of fish and wildlife, by traditional means and methods, be a preferred and available way of controlling all invasive or overpopulated species.

     This amendment would serve as a Bill of Rights for fishermen, hunters and trappers and would preserve the right to fish, hunt, trap and harvest fish and wildlife.