S3132

An Act creating a hunting and fishing guide license and supplementing Title 23 of the Revised Statutes.

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

1. a. There is created a hunting and fishing guide license to be administered by the division. A person who offers or provides services for hire, part or all of which includes aiding, directing, or instructing another person in fishing or hunting on any lands or waters of the State, shall possess a hunting and fishing guide license issued by the division pursuant to this section.

b. No person shall charge a fee to another person to aid, direct, instruct, or otherwise assist another person in fishing or hunting unless that person possesses a valid hunting and fishing guide license issued by the division pursuant to this section.

c. The guide license established under this section shall be issued for a period of five calendar years, and the fee therefor shall be $500 for a State resident and $5,000 for a nonresident, to be paid to the division. A person shall apply for a guide license on a form and in the manner prescribed by the division.

d. Every licensed guide, while engaged in guiding, shall have in their possession their guide license and a photo identification, and display, in plain sight, identification furnished by the division on the guide’s vehicle or vessel.

e. An employee of a “youth camp,” as defined in the “New Jersey Youth Camp Safety Act,” P.L.1973, c.375 (C.26:12-1 et seq.), shall be exempt from the provisions of this section, provided that the employee’s activities are carried out within the scope of employment.

f. Any person who violates this section, or any rule or regulation adopted pursuant thereto, shall be subject to a penalty of up to $2,500 for each offense, to be collected in accordance with R.S.23:10-1 et seq. In addition, the division may temporarily suspend or permanently revoke the guide license of any licensee who violates this section or any provision of State or federal law pertaining to hunting or fishing, or otherwise engages in serious misconduct while serving as a guide.

g. All license fees and penalties collected pursuant to this section shall be deposited into the “hunters’ and anglers’ license fund” created pursuant to R.S.23:3-11 and R.S.23:3-12.

h. The hunting and fishing guide license established by this section shall be in addition to any licensure, insurance, or other requirement established by the United States Coast Guard or any other federal entity.

i. The division shall adopt, within 180 days after the date of enactment of this act, 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 for implementation of this section. The rules and regulations shall include, but need not be limited to, minimum competence and qualifications, standards of conduct for persons serving as a guide, criteria for temporary suspension or permanent revocation of a guide license, and the type and amount of insurance coverage a guide must possess.

2. This act shall take effect on January 1st next following the date of enactment of this act, except that the division may take such anticipatory action in advance thereof as may be necessary to effectuate the provisions of this act.

STATEMENT

This bill would create a hunting and fishing guide license. A person who, for hire, offers to aid, direct, or instruct another person in fishing or hunting on any lands or waters of the State, would be required to possess a hunting and fishing guide license issued by the Division of Fish and Wildlife. A guide license would be issued for a period of five years at a cost of $500 for a resident and $5,000 for a nonresident. The bill would require any person, while guiding, to have in their possession their guide license and a photo identification, and display, in plain sight, identification furnished by the division on the guide’s vehicle or vessel.

Any person who violates the provisions of the bill would be subject to a fine of up to $2,500 for each offense, and may be subject to license suspension or revocation for serious misconduct while guiding. All license fees and penalties collected would be deposited into the “hunters’ and anglers’ license fund.” An employee of a youth camp (as defined in the “New Jersey Youth Camp Safety Act”) would be exempted, provided their guiding activities are carried out within the scope of their employment. The guide license would be in addition to any licensure, insurance, or other requirements established by the United States Coast Guard or any other federal entity.

The bill would require the division to adopt, within 180 days after the date of enactment, rules and regulations to implement the bill, including, minimum competence and qualifications, standards of conduct for persons while serving as a guide, criteria for temporary or permanent suspension of a guide license, and the type and amount of insurance coverage a guide must possess.