ASSEMBLY, No. 480

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman VANDERVALK

An Act concerning certain potentially dangerous species of animals, and amending and supplementing P.L.1973, c.309.

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

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

    3. For the purposes of this act, unless the context clearly requires a different meaning:

    "Canid hybrid" means any animal resulting from the breeding of a domestic dog (Canis familiaris) and a wolf (Canis lupis) or any other canid, all subsequent generations of such a hybrid, and any animal that is advertised, registered, or represented by its owner to be a canid hybrid;

    [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 Federal 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;

    "Potentially dangerous species" means any species of exotic mammal, bird, reptile or amphibian or nongame species that is capable of inflicting serious or fatal injury or which has the potential to become an agricultural pest or a menace to the public health or indigenous wildlife populations, and shall include a canid hybrid;

    [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] non-domestic animal or any canid hybrid, or any part, product, egg or offspring or the dead body or parts thereof.

(cf: P.L.1981, c.281, s.1)

    2. (New section) a. The department shall, by rule or regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt a list of potentially dangerous species. The department shall, in consultation with the Department of Health, adopt rules and regulations to establish a permit system for the possession and safe, proper, and humane care and management of potentially dangerous species.

    b. No person may possess a potentially dangerous species without a permit issued pursuant to this section. All permit holders shall be 21 years of age or older, and shall demonstrate that the animal for which the permit is sought, if it has attained reproductive age, has had its reproductive capacity permanently altered through sterilization. Sterilization shall not be required if the animal is kept for scientific, zoological or exhibitory purposes. If the animal has not attained reproductive age at the time of issuance of the permit, the permit shall be issued with the condition that the animal will be sterilized upon reaching reproductive age and that proof thereof shall be provided to the department. The department may only issue a permit for the possession of a canid hybrid for scientific, zoological or exhibitory purposes, except the department may otherwise issue a permit to persons possessing a canid hybrid prior to the 180th day after the effective date of P.L. , c. (C. ) (now before the Legislature as this bill).

    3. (New section) A certified animal control officer appointed pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b) shall have the power and authority within the jurisdiction of the municipality or the entity employing, or contracting for, the certified animal control officer to enforce the provisions of section 2 of P.L. , c. (C. )(now before the Legislature as this bill).

    4. (New section) The department shall develop and implement a method to reimburse municipalities for animal control or local health department activities necessary for monitoring compliance with the provisions of section 2 of P.L. c. (C. ) (now before the Legislature as this bill) from fees collected or received pursuant to section 5 of P.L. 1973, c.309 (C.23:2A-5) in connection with the administration of P.L. c. (C. ) (now before the Legislature as this bill).

    5. 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, exportation, sale or offer for sale, or shipment of any nongame species, potentially dangerous species or any wildlife on the endangered species list. 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.).

    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. Such fees shall be devoted entirely and exclusively to carrying out the purposes and provisions of this amendatory act. 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)

    6. Section 10 of P.L.1973, c.309 (C.23:2A-10) is amended to read as follows:

    10. a. If any person violates any of the provisions of this act or any rule, regulation or order promulgated pursuant to the provisions of this act, the department may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations and the [said] court may proceed in the action in a summary manner.

    b. Any person who violates the provisions of this act or any rule, regulation or order promulgated pursuant to this act shall be liable to a penalty of not less than $100.00 and not more than $3,000.00 for each offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. Penalties recovered for violations hereof shall be remitted as provided in R.S.23:10-19. For a violation of section 2 of P.L. c. (C. )( now before the Legislature as this bill), any penalties imposed as a result of an action brought by the department shall be remitted as provided in R.S.23:10-19, and in the case of an action brought by a municipality, 80 percent of the penalty imposed shall be remitted to that municipality, and 20 percent shall be remitted to the department. The Superior Court and municipal court shall have jurisdiction to enforce [said] "the penalty enforcement law." If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.

    c. The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.

(cf: P.L.1991, c.91, s.278)

    7. This act shall take effect immediately.

STATEMENT

    This bill would provide that no person may possess a canid hybrid without a permit issued by the Department of Environmental Protection. All canid hybrid permit holders would be required to be 21 years of age or older, and must demonstrate that the animal for which the permit is sought, if it has attained reproductive age, has had its reproductive capacity permanently altered through sterilization. If the animal has not attained reproductive age at the time of issuance of the permit, the permit would be issued with the condition that the animal will be sterilized upon reaching reproductive age and that proof thereof will be provided to the department. Sterilization would not be required if the animal is kept for scientific, zoological or exhibitory purposes. The department would be authorized to only issue a permit for the possession of a canid hybrid for scientific, zoological or exhibitory purposes, except the department may issue a permit to persons possessing a canid hybrid prior to the 180th day after the effective date of the bill.

    The bill defines "canid hybrid" as any animal resulting from the breeding of a domestic dog (Canis familiaris) and a wolf (Canis lupus) or any other wildlife, all subsequent generations of such a hybrid, and any animal that is advertised, registered, or represented by its owner to be a canid hybrid; and "potentially dangerous species" as any species of exotic mammal, bird, reptile or amphibian or nongame species that is capable of inflicting serious or fatal injury or that has the potential to become an agricultural pest or a menace to the public health or indigenous wildlife populations, and would include any canid hybrid.

    Under the bill, the department is required to adopt a list of potentially dangerous species as well as rules and regulations pertaining to such animals, and, to establish, in consultation with the Department of Health, a permit system for the possession and safe, proper, and humane care and management of potentially dangerous species.

    The bill would further provide that a certified animal control officer would have the power and authority within the jurisdiction of the municipality or the entity employing, or contracting for, the certified animal control officer to enforce the provisions of the bill. The department would be required to develop and implement a method to reimburse municipalities for animal control or local health agency or local board of health activities necessary for monitoring compliance with the bill, from certain fees collected or received pursuant to "The Endangered and Nongame Species Conservation Act" in connection with the administration of the bill.

    The bill also provides that for a violation of its provisions, any penalties imposed as a result of an action brought by the department would be remitted to the Division of Fish, Game and Wildlife as provided in R.S.23:10-19, and in the case of an action brought by a municipality, 80 percent of the penalty imposed would be remitted to that municipality, and 20 percent would be remitted to the division.

Provides for regulation of canid hybrids and other potentially dangerous species.