SENATE, No. 573

STATE OF NEW JERSEY

216th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 


 

Sponsored by:

Senator† BOB SMITH

District 17 (Middlesex and Somerset)

Senator† STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

 

Co-Sponsored by:

Senators Beck, Oroho and Norcross

 

 

 

 

SYNOPSIS

†††† Establishes certain apprentice hunting licenses.

 

CURRENT VERSION OF TEXT

†††† Introduced Pending Technical Review by Legislative Counsel

††


An Act concerning hunting licenses and amending various parts of the statutory law.

 

†††† 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:

†††† "Apprentice license" means any apprentice youth firearm hunting license or apprentice youth bow and arrow license issued pursuant to R.S.23:3-3, or any resident's apprentice firearm hunting license, resident's apprentice bow and arrow license, nonresident's apprentice firearm hunting license, nonresident's apprentice bow and arrow license, or nonresidentís two-day small game apprentice firearm hunting 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 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;

†††† "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.1999, c.282, s.1)

 

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

†††† 23:3-3.† a.† The division may, in its discretion, issue a youth hunting license to a citizen of the United States above 10 years and 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.† Persons above 10 years and under 14 years of age may obtain the license only with the permission of a parent or legal guardian.† 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 of the year in which the licensee becomes 16 years of age.

†††† b.††† The division may, in its discretion, issue an apprentice youth firearm hunting license to a citizen of the United States above 10 years and under 16 years of age, who has not completed a course in gun safety, with permission of a parent or legal guardian.† The license shall authorize a licensee to hunt only with hounds or firearms and only when accompanied by a holder, above 21 years of age, of a regular residentís or nonresidentís firearm license.† This license shall be void after December 31 of the year of its issuance and may be issued to a person only twice during the period of eligibility of the person.

†††† c.††† The division may, in its discretion, issue an apprentice youth bow and arrow license to a citizen of the United States above 10 years and under 16 years of age, who has not completed a course in bow and arrow safety, with permission of a parent or legal guardian. The license shall authorize a licensee to hunt only with bow and arrow and only when accompanied by a holder, above 21 years of age, of a regular residentís or nonresidentís bow and arrow license.† This license shall be void after December 31 of the year of its issuance and may be issued to a person only twice during the period of eligibility of the person.

(cf:† P.L.1999, c.282, s.9)


†††† 3.††† R.S.23:3-4 is amended to read as follows:

†††† 23:3-4.† The licenses issued under this article shall [be as follows] include, among others authorized by law, the following:

†††† a.††† A license issued to a person above 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 designated as the resident's firearm hunting license, the resident's apprentice firearm hunting license, the resident's bow and arrow license, the resident's apprentice bow and arrow license, the resident's trapping license, and the resident's fishing license.

†††† (1)†† (a)† The resident's firearm hunting license shall authorize its holder to hunt with hounds and firearms only, and a fee of $26.50 and an issuance fee of $1.00 shall be charged therefor, except that a person above the age of 65 years shall be charged a fee of $14.50 and an issuance fee of $1.00.

†††† (b)†† The resident's apprentice firearm hunting license shall authorize its holder to hunt only with hounds and firearms and only when accompanied by a holder, above 21 years of age, of a regular residentís or nonresidentís firearm hunting license.† A fee of $26.50 and an issuance fee of $1.00 shall be charged for a residentís apprentice firearm hunting license, except that a person above the age of 65 years shall be charged a fee of $14.50 and an issuance fee of $1.00.† The residentís apprentice firearm hunting license may be issued to a person only twice during the lifetime of the person.

†††† (2)†† (a)† The resident's bow and arrow license shall authorize its holder to hunt with bow and arrow only, and a fee of $30.50 and an issuance fee of $1.00 shall be charged therefor, except that a person above the age of 65 years shall be charged a fee of $15.50 and an issuance fee of $1.00.

†††† (b)†† The resident's apprentice bow and arrow license shall authorize its holder to hunt only with bow and arrow and only when accompanied by a holder, above 21 years of age, of a regular residentís or nonresidentís bow and arrow license.† A fee of $30.50 and an issuance fee of $1.00 shall be charged for a residentís apprentice bow and arrow license, except that a person above the age of 65 years shall be charged a fee of $15.50 and an issuance fee of $1.00.† The residentís apprentice bow and arrow license may be issued to a person only twice during the lifetime of the person.

†††† (3)†† `The resident's trapping license shall authorize its holder to trap only, and a fee of $31.50 and an issuance fee of $1.00 shall be charged therefor, except that a person 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 $21.50 and an issuance fee of $1.00 shall be charged therefor, except that (a) in any case where the applicant is above 70 years of age and is otherwise qualified, no license shall be required, and (b) a person above 65 years and under 70 years of age shall be charged a fee of $11.50 and an issuance fee of $1.00.

†††† (5)†† Any resident of this State who is afflicted with total blindness, upon application to the division, shall be entitled to a resident's fishing license without fee or charge.

†††† b.††† A license issued to a person above 16 years of age not entitled to a resident's license, authorizing him to trap or to hunt, except that [a] neither the nonresident's two-day small game firearm hunting license nor the nonresidentís two-day small game apprentice 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 apprentice firearm hunting license, the nonresident's bow and arrow license, the nonresident's apprentice bow and arrow license, the nonresident's trapping license, [and] the nonresident's two-day small game firearm hunting license , and the nonresidentís two-day small game apprentice firearm hunting license.

†††† A nonresident's apprentice firearm hunting license shall authorize its holder to hunt only when accompanied by a holder, above 21 years of age, of a regular residentís or nonresidentís firearm hunting license.† A nonresident's apprentice bow and arrow license shall authorize its holder to hunt only when accompanied by a holder, above 21 years of age, of a regular residentís or nonresidentís bow and arrow license.† A nonresidentís two-day small game apprentice firearm hunting license shall authorize its holder to hunt only when accompanied by a holder, above 21 years of age, of a regular residentís or nonresidentís firearm hunting license or a regular residentís or nonresidentís two-day small game firearm hunting license.† The nonresident's apprentice firearm hunting license, the nonresident's apprentice bow and arrow license, and the nonresidentís two-day small game apprentice firearm hunting license may each be issued to a person only twice during the lifetime of the person.

†††† (1)†† The fees for the nonresident's firearm hunting license [and], the nonresident's apprentice firearm hunting license, the nonresident's bow and arrow license, and the nonresidentís apprentice bow and arrow license shall each be $134.50 and an issuance fee of $1.00.

†††† (2)†† The fee for the nonresident's trapping license shall be $199.50 and an issuance fee of $1.00.

†††† (3)†† The fee for a nonresident's two-day small game firearm hunting license or a nonresidentís two-day small game apprentice firearm hunting license shall be $35.50 and an issuance fee of $1.00.

†††† c.††† A license issued to a person above 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.

†††† (1)†† The fee for the nonresident's annual fishing license shall be $33.00 and an issuance fee of $1.00.

†††† (2)†† The fee for the nonresident's two-day fishing license shall be $8.00 and an issuance fee of $1.00.

†††† (3)†† The fee for the nonresident's seven-day fishing license shall be $18.50 and an issuance fee of $1.00.

†††† 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; and the nonresident's two-day small game apprentice 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.1999, c.282, s.10)

 

†††† 4.††† Section 1 of P.L.1954, c.57 (C.23:3-4.2) is amended to read as follows:

†††† 1.††† Notwithstanding any provisions contained in sections 23:3-1 to 23:3-22 of the Revised Statutes, concerning the issuance of resident or nonresident firearm hunting licenses, at the time an application for a firearm hunting license that is not an apprentice license is made by an applicant above the age of 10, to whom a license other than an apprentice license has not previously been issued, such applicant shall present to the issuing agent a certificate stating that the applicant has satisfactorily completed a course in gun safety, which shall be signed by an agent of the Division of Fish [, Game and Shell Fisheries] and Wildlife designated for the purpose whose fitness to give instructions in safe gun† handling has been determined by the Division of Fish [, Game and Shell Fisheries] and Wildlife of the Department of Environmental Protection.† A person above the age of 10 who previously has [had] held a license to engage in hunting [issued to him] , other than an apprentice license, shall not be entitled to purchase another such license in a subsequent year unless at the time of making application he shall submit to the license issuing agent his license of a previous year, or a certification from the Division of Fish [, Game and Shell Fisheries] and Wildlife stating that he held such a license.

(cf:† P.L.1971, c.381, s.2)

 

†††† 5.††† 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 youth hunting licenses under subsection a. of R.S.23:3-3, and all applicants for [such] firearm hunting licenses under that subsection shall be required to first complete the gun safety course.

(cf:† P.L.1999, c.282, s.12)

 

†††† 6.††† Section 6 of P.L.1954, c.57 (C.23:3-4.7) is amended to read as follows:

†††† 6.††† No license issuing agent shall issue a firearm hunting license, other than an apprentice license, to a person above the age of 10, [who has not] unless the person has submitted [his] a firearm hunting license of a previous year that is not an apprentice license, or a certificate showing that he has successfully completed a course in gun safety given by an individual duly designated by the New Jersey Division of Fish [, Game and Shell Fisheries and any] and Wildlife.† Any person above the age of 10 who obtains a hunting license under false information within the scope of this act shall be subject to a fine of not less than [$20.00] $20 nor more than [$200.00] $200 for each offense.

(cf:† P.L.1971, c.381, s.4)

 

†††† 7.††† Section 1 of P.L.1957, c.195 (C.23:3-7.1) is amended to read as follows:

†††† 1.††† Notwithstanding any provisions contained in sections 23:3-1 to 23:3-22 of the Revised Statutes, concerning the issuance of resident or nonresident bow and arrow licenses, any person applying for a bow and arrow license, other than an apprentice license, must present to the issuing agent either a certificate stating that the applicant has satisfactorily completed a course in bow and arrow safety and proficiency, which shall be signed by an agent of the Division of Fish and [Game] Wildlife designated for the purpose whose fitness to give instructions in bow handling has been determined by the Division of Fish and [Game] Wildlife of the Department of [Conservation and Economic Development] Environmental Protection, or a previously issued bow and arrow license that is not an apprentice license.

(cf:† P.L.1957, c.195, s.1)

†††† 8.††† 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 youth hunting licenses under subsection a. of R.S.23:3-3, and all applicants for [such] bow and arrow licenses under that subsection shall be required to first complete the bow and arrow safety and proficiency course.

(cf:† P.L.1999, c.282, s.14)

 

†††† 9.††† Section 6 of P.L.1957, c.195 (C.23:3-7.6) is amended to read as follows:

†††† 6.††† No license issuing agent shall issue a bow and arrow license, other than an apprentice license, to any person [who has not been issued] , unless the person has submitted a bow and arrow license [in] of a previous year that is not an apprentice license, [unless such person] or presents a certificate showing that he has successfully completed a course in bow and arrow safety and proficiency, given by an individual duly designated by the New Jersey Division of Fish and [Game and any] Wildlife.† Any person who obtains a bow and arrow hunting license under false information within the scope of this act shall be subject to a fine of [$20.00] $20.

(cf:† P.L.1957, c.195, s.6)

 

†††† 10.† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill would establish several apprentice licenses for firearm and bow and arrow hunting.† Under current law, hunting licenses are issued in several forms (including a residentís firearm hunting license, residentís bow and arrow license, residentís two-day small game firearm hunting license, nonresidentís firearm hunting license, nonresidentís bow and arrow license, and nonresidentís two-day small game firearm hunting license), each of which requires an applicant who has not previously held a license to first complete a course in gun or bow and arrow safety, as the case may be.† This bill would establish, for each of these regular licenses, a corresponding apprentice license for which an applicant would not be required to complete a safety course.† The apprentice licenses, however, would only authorize a licensee to hunt when accompanied by a person above 21 years of age who holds a regular license for firearm or bow and arrow hunting, as appropriate. In addition, this bill would limit the number of times a person may be issued a given type of apprentice license to only twice in the lifetime of the person.

†††† The bill would also authorize the issuance of an apprentice youth firearm hunting license and an apprentice youth bow and arrow license to minors above 10 years and under 16 years of age, at the discretion of the Division of Fish and Wildlife in the Department of Environmental Protection.† The division is currently authorized to issue regular youth hunting licenses to minors above 10 years and under 16 years of age, provided they first complete a safety course. Furthermore, the regular youth hunting license requires those licensees above 10 years and under 14 years of age to be accompanied by an individual above the age of 21 who holds an adult hunting license. However, this requirement does not apply to licensees of age 14 or 15.

†††† By contrast, the apprentice youth firearm hunting license and the apprentice youth bow and arrow license established under this bill would not require an applicant to first take a safety course, but would require all such licensees, regardless of age, to be accompanied by an individual above the age of 21 who holds a regular adult hunting license.† The licenses would expire on December 31 of the year of issue and each applicant would be limited to only two apprentice youth firearm hunting licenses and two apprentice youth bow and arrow licenses during his or her period of eligibility.