ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1270

STATE OF NEW JERSEY

ADOPTED DECEMBER 15, 1997

Sponsored by Assemblymen COLLINS and STUHLTRAGER

An Act concerning farmers and hunting licenses and amending P.L.1959, c.37.

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

      1.   Section 1 of P.L.1959, c.37 (C.23:3-56.1) is amended to read as follows:

      1.   a. When the Fish and Game Council has established a season for deer of either sex and has fixed a certain number of [licenses] permits to be issued for [such] that harvest, the division is authorized to charge a fee of $18.00, or as adjusted by the Fish and Game Council pursuant to section 12 of P.L.1982, c.180 (C.23:3-1a), for each [license] permit so issued, which fee shall be in addition to any other fees authorized by law.

      b. (1) No such fee charged pursuant to subsection a. of this section shall be required of [the occupant of a farm in this State, who actually resides thereon, or the members of his immediate family who also reside thereon] a qualified farmer or the spouse or children of that farmer who reside in the farmer's household , provided [such] that the person or persons are otherwise authorized to participate in [such] the limited harvest.

      The exemption [of] provided under this [section] subsection: (a) shall not apply to a person residing on the farm or in a tenant house thereon who is not [a member of the occupant's family] the spouse or a child of the qualified farmer, nor to [a servant] an employee of the [occupant] qualified farmer; and (b) shall be limited to one permit each for the qualified farmer who owns or leases a farm on which the farmer resides as described in subparagraph (a) of paragraph (4) of this subsection, and the spouse and children of that farmer. In the case of a qualified farmer or farmers who owns or leases a farm or farms, but does not reside thereon, permits shall be limited to a total of five, one each for the qualified farmer or farmers and their spouses and children, for the property described in subparagraph (b) of paragraph (4) of this subsection.

      If the qualified farmer's acreage is located in multiple deer management zones, the qualified farmer shall choose one deer management zone for which the qualified farmer and the spouse and children of that farmer may obtain permits pursuant to this subsection.

      (2) An application for a permit issued to a qualified farmer or the spouse or a child of that farmer pursuant to this subsection shall be made on a form supplied by the division and shall include, in the case of leased land, a copy of all leases authorizing the agricultural and hunting uses of the land.

      (3) Permits issued pursuant to this subsection shall be valid only for the property described in subparagraphs (a) or (b), as appropriate, of paragraph (4) of this subsection.

      (4) For purposes of this subsection, "qualified farmer" means a person who:

      (a) owns or leases a farm on which that person resides that: (i) is at least six acres in area; (ii) produces a gross annual income of at least $500; and (iii) is valued, assessed and taxed as land actively devoted to agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.); or

      (b) owns or leases a farm on which that person does not reside, provided that: (i) the person actively farms at least 30 acres, which may be noncontiguous but each parcel thereof shall be at least five acres in area; and (ii) the farm, or each parcel in the case of noncontiguous parcels, is valued, assessed and taxed as land actively devoted to agricultural or horticultural use pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).

      c. The division may 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 the provisions of this section .

(cf: P.L.1991, c.286, s.9)

      2.   This act shall take effect immediately.

Defines who may qualify as farmer for license fee exemption for either sex deer hunting season.