[Second Reprint]

SENATE, No. 3416

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED AUGUST 10, 2015

 


 

Sponsored by:

Senator  RAYMOND J. LESNIAK

District 20 (Union)

Senator  PAUL A. SARLO

District 36 (Bergen and Passaic)

Assemblyman  TIM EUSTACE

District 38 (Bergen and Passaic)

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Senators Bateman and Gordon

 

 

 

 

SYNOPSIS

     Prohibits possession, transport, import, export, processing, sale, or shipment of parts and products of certain animal species threatened with extinction.

 

 

CURRENT VERSION OF TEXT

     As amended by the Senate on December 17, 2015.

  


An Act concerning certain animal species threatened with extinction 1[and] ,1 amending 1and supplementing1 P.L.1973, c.309 1,1 and 1amending1 R.S.23:4-27.

 

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

 

     1.    Section 2 of P.L.1973, c.309 (C.23:2A-2) is amended to read as follows:

     2.    The Legislature hereby finds and declares the following:

     a.     That it is the policy of this State to manage all forms of wildlife to insure their continued participation in the ecosystem;

     b.    That species or subspecies of wildlife indigenous to the State which may be found to be endangered should be accorded special protection in order to maintain and to the extent possible enhance their numbers; and

     c.     That the State should assist in the protection of species or subspecies of wildlife which are deemed to be endangered or threatened elsewhere by regulating the taking, possession, transportation, importation, exportation, processing, sale or offer for sale, or shipment within this State of species or subspecies of wildlife including 1[the big five African species,]1 those on any [Federal] federal endangered or threatened species list, and those 1[species or subspecies appearing on the lists described in paragraphs (4) and (5) of subsection a. of section 6 of P.L.1973, c. 309 (C.23:2A-6)] threatened with extinction due to the trafficking of their parts and products1.

(cf:  P.L.1973, c.309, s.2)

 

     2.    Section 3 of P.L.1973, c.309 (C.23:2A-3) is amended to read as follows:

     13.1 For the purposes of [this act] P.L.1973, c. 309 (C.23:2A-1 et seq.), unless the context clearly requires a different meaning:

     1[“Big five African species” means the following species of wildlife:  (1) African elephant (Loxodonta Africana); (2) African leopard (Panthera pardus); (3) African lion (Panthera leo); (4) black rhinoceros (Diceros bicornis) and white rhinoceros (Ceratotherium simum ); and (5) Cape buffalo (Syncerus caffer);]1

     [a.] "Commissioner" means the Commissioner of the Department of Environmental Protection;

     [b.] "Department" means the Department of Environmental Protection;

     [c.] "Endangered  species" means  any species  or  subspecies of

wildlife whose prospects of survival or recruitment are in jeopardy or are likely within  the foreseeable future to become so due to any of the following factors:  (1) the destruction, drastic modification, or severe curtailment of its habitat, or (2) its over-utilization for scientific, commercial or sporting purposes, or (3) the effect on it of disease, pollution, or predation, or (4) other natural  or manmade factors affecting its prospects of survival or recruitment within  the State, or (5) any combination of the foregoing factors.  The term shall also be deemed to include any species or subspecies of wildlife appearing on any 1[Federal] federal1 endangered species list;

     [d.] "Nongame species" means any wildlife for which a legal hunting or trapping season has not been established or which has not been classified as an endangered species by statute or regulation of this State;

     [e.] "Take" means to harass, hunt, capture, kill, or attempt to harass, hunt, capture, or kill, wildlife;

     [f.] "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.L1981, c.281, s.1)

 

     3.    Section 4 of P.L.1973, c.309 (C.23:2A-4) is amended to read as follows:

     4.    a.  The commissioner shall conduct investigations concerning wildlife indigenous to the State in order to develop information relating to populations, distribution, habitat needs, limiting factors and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully.  On the basis of such determinations the commissioner shall develop management programs which shall be designed to insure the continued ability of wildlife to perpetuate themselves successfully.

     b.    On the basis of such investigations of wildlife and other available scientific and commercial data the commissioner may by rule or regulation promulgate a list of those species and subspecies of wildlife indigenous to the State which are determined to be endangered, giving their common and scientific names by species and subspecies.  The commissioner shall periodically review the State list of endangered species and may by regulation amend the list making such additions or deletions as are deemed appropriate.

(cf:  P.L.1981, c.511, s.14)

 

     4.    Section 5 of P.L.1973, c.309 (C.23:2A-5) is amended to read as follows:

     5.    a.  The commissioner shall have the power to formulate and promulgate, adopt, amend and repeal rules and regulations, limiting, controlling and prohibiting the taking, possession, transportation, importation, exportation, sale or offer for sale, or shipment of any nongame species or any wildlife on the State list of endangered species [list], and for the purposes of implementing section 6 of 1[P.L.1973, c.309 (C.23:2A-6)] P.L.    , c.    (C.        ) (pending before the Legislature as this bill)1.  Such rules and regulations shall be designed to promote the public health, safety and welfare and shall be adopted in accordance with the "Administrative Procedure [Act" (P.L.1968, c.410, C.52:14B-1 et seq.)] Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

     b.    The commissioner is authorized to conduct periodic inspections in order to determine compliance with the rules and regulations adopted pursuant to this section, and, to that end, is authorized to charge and collect fees in an amount sufficient to cover the costs of the inspections and services performed pursuant to [this amendatory act] P.L.1973, c.309 (C.23:2A-1 et seq.).  Such fees shall be devoted entirely and exclusively to carrying out the purposes and provisions of [this amendatory act] P.L.1973, c.309 (C.23:2A-1 et seq.).  Inspection fees shall be established in accordance with a fee schedule adopted by the department as a rule and regulation pursuant to the provisions of the [aforesaid] "Administrative Procedure Act."

(cf:  P.L.1981, c.281, s.2)

 

     5.    Section 6 of P.L.1973, c.309 (C.23:2A-6) is amended to read as follows:

     6.    a. Except as otherwise provided in [this act] P.L.1973, c.309 (C.23:2A-1 et seq.) or the rules or regulations adopted thereunder, no person shall take, possess, transport, import, export, process, sell or offer for sale, or ship, and no common or contract carrier shall knowingly transport or receive for shipment, any 1[big five African species or any]1 species or subspecies of wildlife appearing on the following lists:  (1) the list of wildlife determined to be endangered by the commissioner pursuant to [this act] P.L.1973, c.309 (C.23:2A-1 et seq.); (2) the list of nongame species regulated pursuant to [this act] P.L.1973, c.309 (C.23:2A-1 et seq.); [and] 1and1 (3) any [Federal] federal list of endangered or threatened species 1[; (4) Appendix I or Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (5) the International Union for Conservation of Nature and Natural Resources Red List of Threatened Species, as either critically endangered, endangered, or vulnerable]. Any species or subspecies of wildlife appearing on any of the foregoing lists which enters the State from another state or from a point outside the territorial limits of the United States and which is transported across the State destined for a point beyond the State may be so entered and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state, provided that such transport is not prohibited by section 6 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), section 3 of P.L.2014, c.22 (C.23:2A-13.3), or any other applicable law1. [Any species or subspecies of wildlife appearing on any of the foregoing lists which enters the State from another state or from a point outside the territorial limits of the United States and which is transported across the State destined for a point beyond the State may be so entered and transported without restriction in accordance with the terms of any Federal permit or permit issued under the laws or regulations of another state.]

     1[b. Unless such activity is prohibited by federal or other State law, rule, or regulation, the following exceptions and defenses apply to the prohibition in subsection a. of this section:

     (1)   the wildlife was  lawfully possessed within the State prior to the date of enactment of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and the legal owner has obtained a certificate of possession from the commissioner, as provided pursuant to subsection c. of this section, within 180 days after the date of enactment of P.L.    , c.    (C.        ) (pending before the Legislature as this bill);

     (2)   the wildlife is being used or displayed for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes, all as authorized by the commissioner; or

     (3)   the wildlife is conveyed directly to a legal beneficiary of a trust or to a legal heir, provided that:  (a) the wildlife was lawfully possessed by the decedent prior to the date of enactment of P.L.    , c.    (C.        ) (pending before the Legislature as this bill); (b) after transfer to the beneficiary or heir, the wildlife is not thereafter sold, offered for sale, or otherwise distributed to any private party; and (c) the beneficiary or heir obtains a certificate of possession from the commissioner, as provided pursuant to subsection c. of this section, within 180 days after obtaining the wildlife. 

     c.     The department shall 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 this section.  These rules and regulations shall include a process for applying for the certificate of possession required pursuant to subsection b. of this section.  The department may charge a reasonable fee to defray the cost of issuing a certificate of possession. 

     d.    Nothing in this section shall  be construed to  preclude a person violating this section from also being liable for any applicable violation of P.L.2014, c.22 (C.23:2A-13.1 et seq.), R.S.23:4-27, or any other State law, rule, or regulation.]1 

(cf:  P.L.1981, c.281, s.4)

     16.   (New section)  a.  Notwithstanding the provisions of section 6 of P.L.1973, c.309 (C.23:2A-6) or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, no person shall 2[take,]2 possess, transport, import, export, process, sell or offer for sale, or ship, and no common or contract carrier shall knowingly transport or receive for shipment 2any part or product of2 :  (1) any big five African species 2[or the parts or products thereof]2 ; or (2) any species or subspecies of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, or ray listed:  (a) in Appendix I or Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; or (b) as critically endangered, endangered, or vulnerable on the International Union for Conservation of Nature and Natural Resources Red List of Threatened Species 2[, or the parts or products thereof]2 .   

     b.    Unless such activity is prohibited by federal or other State law, rule, or regulation, the following exceptions and defenses shall apply to the prohibition in subsection a. of this section:

     (1) the 2[wildlife] part or product2 was lawfully possessed within the State prior to the effective date of 2[this section] P.L.    , c.    (C.        ) (pending before the Legislature as this bill)2 , and the legal owner has obtained a certificate of possession from the commissioner, as provided pursuant to subsection c. of this section, within 180 days after the effective date of 2[this section] P.L.    , c.    (C.        ) (pending before the Legislature as this bill)2 ;

     (2) the 2[wildlife] part or product2 is being used or displayed for scientific, zoological, or educational purposes 2[, for propagation in captivity of such wildlife, or for other special purposes, all]2 as authorized by the commissioner 2pursuant to State law2 ;

     (3) the 2[wildlife] part or product2 is conveyed directly to a devisee, heir, or beneficiary, provided that:  (a) the 2[wildlife] part or product2 was lawfully possessed by the decedent prior to the effective date of this section; (b) after transfer to the devisee, heir, or beneficiary, the 2[wildlife] part or product2 is not thereafter sold, offered for sale, or otherwise distributed to any private party; and (c) the devisee, heir, or beneficiary obtains a certificate of possession from the commissioner, as provided pursuant to subsection c. of this section, within 180 days after obtaining the 2[wildlife] part or product2 ; or

     (4)   the person lawfully possesses any ivory, ivory product, rhinoceros horn, or rhinoceros horn product in compliance with section 3 of P.L.2014, c.22 (C.23:2A-13.3). 

     c.     The department shall 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 this section.  These rules and regulations shall include a process for applying for the certificate of possession required pursuant to subsection b. of this section.  The department may charge a reasonable fee to defray the cost of issuing a certificate of possession. 

     d.    Notwithstanding the penalties provided for in section 10 of P.L.1973, c.309 (C.23:2A-10), any person who possesses 2[wildlife] a part or product2 in violation of this section and who fails to obtain a certificate of possession within 180 days after the effective date of this section, shall be subject only to a civil penalty of up to $25 for each day that person possesses the prohibited 2[wildlife] part or product2 without a certificate, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

     e.     Nothing in this section shall be construed to preclude a person violating this section from also being liable for any applicable violation of P.L.2014, c.22 (C.23:2A-13.1 et seq.), R.S.23:4-27, or any other State law, rule, or regulation.

     f.     As used in this section:

     “Beneficiary” has the same meaning as that term is defined in N.J.S.3B:1-1.

     “Big five African species” means the following species of wildlife:  (1) African elephant (Loxodonta Africana); (2) African leopard (Panthera pardus); (3) African lion (Panthera leo); (4) black rhinoceros (Diceros bicornis) and white rhinoceros (Ceratotherium simum); and (5) Cape buffalo (Syncerus caffer).

     “Devisee” has the same meaning as that term is defined in N.J.S.3B:1-1.

     “Heir” has the same meaning as that term is defined in N.J.S.3B:1-1.1

 

     27.   (New section) Notwithstanding the provisions of section 6 of P.L.1973, c.309 (C.23:2A-6), section 6 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill), or any other State law, or any rule or regulation adopted pursuant thereto, to the contrary, unless such activity is otherwise prohibited by federal law, a person may possess, transport, import, export, process, sell or offer for sale, or ship wildlife for purposes related to the conduct of biomedical research at a facility licensed by the United States Department of Agriculture pursuant to the federal “Animal Welfare Act,” 7 U.S.C. s.2131 et seq., or at a facility conducting biomedical research in compliance with the “Public Health Service Policy on Humane Care and Use of Laboratory Animals” issued by the United States National Institutes of Health.2

 

     1[6.] 2[7.1] 8.2  Section 7 of P.L.1973, c.309 (C.23:2A-7) is amended to read as follows:

     7.    a. The commissioner shall establish such programs, including acquisition of land or aquatic habitats, as are deemed necessary for the conservation and management of nongame and endangered species of wildlife.

     b.    In carrying out programs authorized by [this act] P.L.1973, c.309 (C.23:2A-1 et seq.), the commissioner may enter into agreements with [Federal] federal agencies, with political subdivisions of the State, or with private persons for administration and management of any area established under this section or utilized for management of nongame or endangered species of wildlife.

     c.     With the approval of the Governor, the commissioner may cooperate with and receive money from the [Federal Government, or] federal government, any county or municipal government, or [from] private sources for the purposes of [this act] P.L.1973, c. 309 (C.23:2A-1 et seq.).  The commissioner may establish a separate fund from these contributions for the support of nongame and endangered species programs and for the purposes of P.L.1973, c. 309 (C.23:2A-1 et seq.).

     d.    The commissioner may authorize, under such terms and conditions as may be prescribed by rule or regulation, the taking, possession, transportation, importation, exportation, sale or offer for sale, or shipment of nongame species and wildlife which appear on the State list of endangered species for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes.

     e.     The commissioner shall appoint a committee of experts to advise and assist the commissioner in carrying out the intent of [this act] P.L.1973, c.309 (C.23:2A-1 et seq.)[Said] These experts shall include persons actively involved in the conservation of wildlife.

(cf:  P.L.1981, c.281, s.5)

 

     1[7.] 2[8.1] 9.2  R.S.23:4-27 is amended to read as follows:

     23:4-27.  a.  No person shall sell or purchase wildlife, except as authorized pursuant to this section or any other law or as may be authorized by rule or regulation adopted by the division pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

     b.    The provisions of subsection a. of this section shall not apply to the sale or purchase of wildlife authorized or regulated by chapter 2A or 2B of this title, R.S.23:3-28 through R.S.23:3-39, section 4 of P.L.1970, c.247 (C.23:3-65), R.S.23:4-50, R.S.23:5-2, or Title 50 of the Revised Statutes, or any rule or regulation adopted pursuant thereto, provided that the wildlife was taken and possessed in a lawful manner.

     c.     Unless prohibited or restricted by rule or regulation adopted by the division, the raw or processed hide of the white-tailed deer (Odocoileus virginianus), the tail of the white-tailed deer, the portion of the front leg of a white-tailed deer limited to the carpal, metacarpal, and phalange bones, or the portion of the hind leg of a white-tailed deer limited to the tarsus, metatarsus, and phalange bones may be sold or purchased, provided that those parts or products are from a white-tailed deer that was taken and possessed in a lawful manner.

     d.    Notwithstanding the provisions of subsection a. of this section to the contrary:

     (1)   the dead body or any part or product thereof of the following wildlife may be sold or purchased, provided that the wildlife was taken and possessed in a lawful manner:

            Virginia Opossum                   Didelphis virginiana

            Beaver                                     Castor canadensis

            Muskrat                                   Ondatra zibethicus

            Nutria                                      Myocaster coypus

            Coyote                                                Canis latrans

            Red Fox                                  Vulpes vulpes

            Gray Fox                                 Urocyon cinereoargenteus

            Raccoon                                  Procyon lotor

            Long Tail Weasel                    Mustela frenata

            Short Tail Weasel                    Mustela erminea

            Mink                                        Mustela vison

            Striped Skunk                         Mephitis mephitis

            River Otter                              Lutra canadensis

     (2)   wildlife not native to this State that originated from a state or other jurisdiction where it is legal to sell or purchase that wildlife and the wildlife was sold or purchased in accordance with the laws of that state or other jurisdiction, may be sold or purchased in this State unless prohibited by federal law, rule, or regulation, “The Endangered and Nongame Species Conservation Act,” P.L.1973, c.309 (C.23:2A-1 et seq.), P.L.2014, c.22 (C.23:2A-13.1 et seq.), or any other State law, rule, or regulation; provided that the wildlife is labeled with the state or other jurisdiction of origin, the name and address of the exporter, and all applicable permit numbers until the expected final retail transaction has been made.

     e.     The division shall 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 this section and to otherwise provide for the control and regulation of the sale and purchase of wildlife, including but not limited to wildlife not specifically listed in this section.

     f.     In addition to any penalties that may be prescribed by any other applicable law:

     (1)   a person who violates this section shall be:

     (a)   subject to a civil penalty of not less than $200 and not more than $1,000 for the first offense, and not less than $500 and not more than $3,000 for each subsequent offense.  If the violation involves the sale or purchase of a black bear (Ursus americanus), turkey (Meleagris gallapavo), white-tailed deer (Odocoileus virginianus), bobcat (Felis rufus), or illegally taken river otter (Lutra canadensis), the civil penalty shall be not less than $1,000 and not more than $2,000 for the first offense, and not less than $1,500 and not more than $3,000 for each subsequent offense; and

     (b)   assessed the replacement value of the animal, as prescribed by section 10 of P.L.1990, c.29 (C.23:3-22.2); and

     (2)   a person who purposely violates this section when the total value of the sale or purchase is:

     (a)   less than $200 shall be guilty of a disorderly persons offense;

     (b)   $200 or more, but less than $500, shall be guilty of a crime of the fourth degree; 

     (c)   $500 or more shall be guilty of a crime of the third degree.

     g.    For the purposes of this section, “sell or purchase" means to sell or offer for sale, possess for sale, purchase or agree to purchase, receive compensation, barter or offer to barter, trade or offer to trade, or transfer or offer to transfer, or conspire for any of those purposes.

(cf:  P.L.1997, c.291, s.2)

 

     1[8.] 2[9.1] 10.2  This act shall take effect immediately.