January 9, 1997

ASSEMBLY BILL NO. 1932

(Second Reprint)

To the General Assembly:

    Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Assembly Bill No. 1932 (Second Reprint) with my recommendations for reconsideration.

A. Summary of Bill

   This bill changes the authority currently vested in the Department of Environmental Protection’s Division of Fish, Game and Wildlife when issuing a crop depredation permit. The State currently issues permits to a person who owns or leases land under cultivation to kill deer causing crop damage provided that crop damage can be verified and certain safety conditions are met. Generally, each permit sets restrictions as to hours, season and occasionally the sex of the deer; approximately 400 such permits are issued annually, with an annual total harvest of approximately 1,800 deer.

   This bill permits any permit holder to transport uncased, loaded firearms outside the trunk of a vehicle while on the land or lands owned or leased by the permit holder, and to discharge the firearm, provided the vehicle has come to a complete stop. The permit holder could kill either sex deer at any time of day or night and could utilize an illuminating device, such as a spotlight, to locate and stun deer. The bill further provides that the permit holder could be assisted by a driver and by persons operating illuminating devices; these assistants would not be required to possess a firearms purchaser identification card.

   These actions would not be permissible on or along any public highway adjacent to the land of the permit holder.

B. Recommended Action

  I commend the sponsors and the Legislature for their recognition of concerns regarding the increasing damage done to agricultural crops by grazing deer and the frequency of vehicular accidents involving deer. Despite these concerns, however, the white-tailed deer resource is a valuable asset, both economically and aesthetically, to our State and intervention through conservation and responsible management is especially important.

  In determining appropriate management techniques, both the general public and the holders of crop depredation permits must be protected from harm. By allowing the discharge of a firearm from a vehicle, this bill increases the risk to the public and to any vehicle occupants of potentially fatal firearms accidents. In addition, the Department of Environmental Protection advises me that this bill restricts the authority of the Fish and Game Council when issuing crop depredation permits, reducing its ability to establish and enforce safety standards.

  Accordingly, I recommend that this bill be amended to eliminate the authorization for certain individuals to discharge a firearm from a vehicle. Also, in response to concerns raised regarding the carrying of loaded, uncased firearms in a moving vehicle, I further recommend that the bill be amended to only allow permittees or agents to transport and possess uncased firearms that are unloaded while in or on a vehicle. Additionally, I recommend that the bill be amended to provide discretion to the Fish and Game Council to issue crop depredation permits with conditions which appear necessary, on a case-by-case basis, to protect public safety.

  Although white-tailed deer are a valuable State resource, I am also cognizant of the harm these animals can wreak, particularly when the deer population is not properly managed in agricultural areas. I therefore direct the Department of Environmental Protection, in consultation with the Department of Agriculture, to perform a comprehensive analysis of the State’s deer population, identify problem areas and evaluate factors contributing to deer over-abundance. The Department will be required to develop a plan to address these factors and provide recommendations to help alleviate deer conflicts in the State, particularly with respect to the agricultural community for which farmland and crop preservation are critical. I direct the Department to submit its findings to me within one year.

  Therefore, I herewith return Assembly Bill No. 1932 (Second Reprint) and recommend that it be amended as follows:

Page 1, Section 1, Line 16:          After “night” insert “, except                                 that the Fish and Game Council                                 may impose such restrictions                                 thereon as may be necessary to                                 protect the general public”

Page 1, Section 1, Lines 17-19:   After “b.” delete in their entirety

Page 1, Section 1, Line 20:       Delete “c.”

Page 1, Section 1, Line 21:       After “uncased,” delete

                                  “loaded” and insert “unloaded”

Page 1, Section 1, Line 23:       After “vehicle” delete in its entirety

Page 1, Section 1, Line 24:       Delete “contrary”

Page 1, Section 1, Line 25:       Delete “d” and insert “c”

Page 1, Section 1, Line 29:       Delete “e” and insert “d”

                                  Respectfully,

                                  /s/ Christine Todd Whitman

                                  Governor

     [seal]

Attest:

/s/ Michael P. Torpey

Chief Counsel to the Governor