SENATE, No. 1334

STATE OF NEW JERSEY

INTRODUCED JUNE 20, 1996

By Senators HAINES and CAFIERO

An Act concerning hunting with bait, supplementing Title 23 of the Revised Statutes, and repealing P.L.1970, c.180.

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

    1. a. Except as may be otherwise provided with respect to waterfowl hunting pursuant to R.S.23:4-15 or any rule or regulation adopted pursuant thereto, it shall be lawful to: (1) use bait to attract, entice, or lure a game bird or game animal; and (2) kill, destroy, injure, shoot, shoot at, take, wound, or attempt to take, kill, or wound, a game bird or game animal, or have in possession or control any firearm or other weapon of any kind for such purposes, within any distance of a baited area. A person may be elevated in a standing tree or in a structure of any kind when using a baited area for hunting, and the baited area may be within any distance of the standing tree or structure.

    The provisions of this subsection shall not apply in counties of the first class except in such game management zones therein as may be designated therefor by the Division of Fish, Game and Wildlife and approved by the Fish and Game Council.

    b. For the purposes of this section, "baited area" means the presence of placed, exposed, deposited, distributed, or scattered agricultural products, salt, or other edible lure whatsoever capable of attracting, enticing, or luring game birds or game animals.

    2. P.L.1970, c.180 (C.23:4-24.2 and C.23:4-24.3) is repealed.

    3. This act shall take effect immediately.

STATEMENT

    This bill would generally authorize the use of bait when hunting and repeal current law enacted in 1970 that places certain requirements and restrictions on the practice.

    Current law allows the use of bait when hunting if the hunter is on the ground and is not hunting from a structure such as a blind. However, if the hunter is elevated in a standing tree, or is in a structure such as a blind, the use of bait is not allowed unless the hunter is at least 300 feet from the baited area.

    The bill would remove all conditions on this hunting method and again allow hunting with bait without restriction, as was the case prior to 1970 (except with regard to waterfowl). However, the bill would not rescind or otherwise affect restrictions on the baiting of waterfowl as set forth in R.S.23:4-15 and any rules or regulations adopted pursuant thereto. In addition, the bill's provisions would not allow hunting with bait in counties of the first class (Bergen, Essex, and Hudson) except in such game management zones therein as may be designated therefor by the Division of Fish, Game and Wildlife and approved by the Fish and Game Council.

    This bill is necessary because of the extensive deer population in the State that is damaging crops and landscape plants in many areas. The bill will make it easier for hunters to control the excess deer population.

Expands conditions allowed for use of bait when hunting.