New Jersey-2016-A430-Introduced

An Act concerning tigers, supplementing Title 23 of the Revised Statutes, and amending P.L.1979, c.304.

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

1. (New section) As used in this act:

"Application" means an application for an Exotic and Nongame Wildlife Possession permit issued pursuant to "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), or P.L.1962, c.127 (C.23:4-63.3 et seq.) as required pursuant to section 2 of this act.

"Commissioner" means the Commissioner of Environmental Protection.

"Department" means the Department of Environmental Protection.

"Qualified disposal agent" means a licensed veterinarian or other person authorized by the department to dispose of a dead tiger, but shall not include any person who owns or otherwisepossesses a tiger in, or outside of, this State.

"Tiger" means an animal of the species Panthera tigris or any subspecies thereof.

2. (New section) a. A person who owns or otherwisepossesses a tiger kept in this State shall apply for an Exotic and Nongame Wildlife Possession permit issued by the department pursuant to "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), or P.L.1962, c.127 (C.23:4-63.3 et seq.). The application shall be submitted on a form and in a manner prescribed by the department, and shall contain information required by the department for an Exotic and Nongame Wildlife Possession permit issued pursuant to P.L.1973, c.309 or P.L.1962, c.127, including but not limited to:

(1) the name, Social Security number,address, and telephone number of the person who owns or otherwise possesses the tiger;

(2) the address and exact location where the tiger will be kept;

(3) the birth date, weight, and sex of the tiger;

(4) the tiger's current name and any former names of the tiger;

(5)a description of any distinguishing marks and digital color photographs of (a)the tiger's face, (b) the right side of the tiger's body, and (c) the left side of the tiger's body;

(6) a hair sample, or a sample of other tissue as required by the department, from the tiger which is sufficient to conduct a DNA analysis of the tiger;

(7) the name, address, and telephone number of the licensed veterinarian who provides veterinary care for the tiger; and

(8) any other additionalinformation the department may require.

The department, as part of the annual permit renewal process pursuant to subsection d. of this section, shall require an applicant to provide the weight of the tiger, as provided in paragraph (3) of this subsection, and digital color photographs of the tiger, as provided in paragraph (5) of this subsection, to the department on an annual basis.

b. Upon review and approval of an application submitted pursuant to subsection a. of this section, the department shall issue an Exotic and Nongame Wildlife Possession permit, which shall pertain only to one individual tiger, and which shall include thereon, in addition to the information required of an applicant pursuant to subsection a. of this section, a unique identification number assigned solely and specifically by the department to the individual tiger. The unique identification number assigned to a tiger shall not change at any time during the tiger's lifetime or at any time after the tiger's death, notwithstanding any change in ownership, possession, or relocation of the tiger, or any other circumstance. The department may impose a reasonable fee upon the person who owns or otherwise possesses the tiger for the services rendered in connection with the department's costs in issuing, managing, maintaining and renewing a permit.

c. No person may own or otherwise possess a tiger in this State unless the person holds a valid Exotic and Nongame Wildlife Possession permit issued by the department.

d. Any person who has received an Exotic and Nongame Wildlife Possession permit or other permit to own or otherwise possess a tiger shall apply for renewal of such permit annually. In connection therewith, the commissioner may require the renewal applicant to resubmit any or all of the information and materials required of a person who owns or otherwise possesses a tiger under subsection a. of this section.

e. No person who has been issued an Exotic and Nongame Wildlife Possession permit for a tiger pursuant to "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), or P.L.1962, c.127 (C.23:4-63.3 et seq.) on or before the effective date of this act, shall be required to submit an application pursuant to this section. However, if the person has such a permit issued for the tiger but the permit was not issued to the person who currently owns or otherwise possesses the tiger, the person who currently owns or otherwise possesses the tiger shall apply for an Exotic and Nongame Wildlife Possession permit pursuant to this section.

3. (New section) a. Within 30 days of receiving an Exotic and Nongame Wildlife Possession permit issued by the department pursuant to section 2 of this act, a person who owns or otherwise possesses a tiger in this State, other than any institution that has received accreditation by the Association of Zoos and Aquariums, shall have implanted in the tiger, by or under the supervision of a licensed veterinarian, a subcutaneous microchip, unless the person who owns or otherwise possesses the tiger provides information required by the department demonstrating to the satisfaction of the department that a microchip that meets the standards required by the department has already been implanted in the tiger. The cost of the microchip and its implantation shall be borne by the person who owns or otherwise possesses the tiger. If the department deems it necessary, it may require the microchip to be purchased from a specific manufacturer or manufacturers. The microchip shall allow the department the ability to access the following information:

(1) the unique identification number issued pursuant to section 2 of this act;

(2) the name, address, and telephone number of the person who owns or otherwise possesses the tiger;

(3) the address and exact location where the tiger is kept;

(4) the birth date, weight, and sex of the tiger;

(5) the tiger's current name and any former names of the tiger;

(6)the digital photographs of the tiger that were submitted to the department pursuant to paragraph (5) of subsection a. of section 2 of this act;

(7) the name, address, and telephone number of the licensed veterinarian who provides veterinary care for the tiger; and

(8) any other information the department may require.

b. A person shall not remove a subcutaneous microchip from a tiger, whether living or deceased, without express authorization from the department or as provided pursuant to subsection c. of section 7 of this act; provided, however, a subcutaneous microchip may be temporarily removed, or replaced, by or under the supervision of a licensed veterinarian for the purpose of protecting the health of the tiger or for updating information on the subcutaneous microchip if necessary for compliance with this act or any rules or regulations adopted pursuant thereto.

4. (New section) a. A person owning or otherwisepossessing a newborn tiger shall be exempt from the requirements of section 2 of this act, as those requirements apply to the newborn tiger, for the first 10 days immediately following the birth of the newborn tiger.

b. A person who owns or otherwise possesses a tiger in this State for a period of less than 60 consecutive days who is a licensed exhibitor under the "Animal Welfare Act," 7 U.S.C. s.2131 et seq., and who possesses an appropriate permit under N.J.A.C. 7:25-4.2 from the department, as listed in N.J.A.C. 7:25-4.6(a), as well as any other State, municipal, or federal permits or licenses which may be required to own or possess a tiger, shall be exempt from the requirements of this act.

5. (New section) a. The commissioner shall establish a tiger permitting and accounting system through which the following records shall be kept for each tiger in the State:

(1) the unique identification number issued pursuant to section 2 of this act;

(2) the name, address, and telephone number of the person who owns or otherwise possesses the tiger;

(3) the address and exact location where the tiger is kept;

(4) the birth date, weight, and sex of the tiger;

(5) the tiger's current name and any former names of the tiger;

(6) a description of any distinguishing marks and a digital color photograph of the tiger;

(7) a DNA analysis of the tiger;

(8)the date of death of the tiger, when applicable;

(9) the name, address, and telephone number of the licensed veterinarian who provided the most recent veterinary care for the tiger prior to its death;

(10)the sworn affidavits submitted to the department pursuant to section 7 of this act upon the death of a tiger, when applicable; and

(11)any other information, data, or documentation the commissioner may deem necessary in order to maintain a comprehensive tiger permitting and accounting system.

b. The commissioner shall monitor and periodically update records in the tiger permittingand accounting system in a manner sufficient to ensure that tigers in this State, whether living or deceased, are not in any way used for the illegal trade of tigers or tiger parts.

6. (New section) a. A person who owns or otherwise possesses a tiger shall, in a form specified by the commissioner, obtain written approval of the department prior to the permanent relocation of the tiger or change in ownership or possession of the tiger. In requesting such approval from the department, the person who owns or otherwise possesses a tiger shall demonstrate that the person is, and shall continue to be, in compliance with all necessary conditions pursuant to N.J.A.C.7:25-4.1 et seq. The person shall provide, in a form specified by the commissioner, written notification and information concerning the relocation or change in ownership or possession of the tiger, which shall include:

(1) the name, address, and telephone number of the person to whom ownership or possession of the tiger will be transferred;

(2) the new address and exact location where the tiger will be kept;

(3) the name, address, and telephone number of the licensed veterinarian who shall provide veterinary care for the tiger upon relocation, or change in ownership or possession of the tiger; and

(4) any other information the department may require by rule or regulation.

b. The person who owns or otherwise possesses a tiger shall notify the department in writing of any planned surgical procedure, such as castration or spaying, within 72 hours prior to the procedure. The procedure shall be conducted in a manner deemed acceptable to the department, and any organs or parts that are removed pursuant to the procedure, such as testicles, uteruses, or ovaries, shall be submitted to a qualified disposal agent. Declawing of a tiger shall be permitted only if the tiger's claw or digit is creating a health risk to the tiger and the amputated digit or claw is submitted to a qualified disposal agent.

c. Prior to the lawful change in ownership or possession of a tiger in this State, the person assuming new ownership or possession of the tiger shall immediately:

(1) notify the department of the person's intent to take ownership or possession and demonstrate current compliance with all applicable laws, rules and regulations, including but not limited to N.J.A.C.7:25-4.1 et seq.; and

(2) submit to the department all applicable information required for an Exotic and Nongame Wildlife Possession permit pursuant to section 2 of this act.

d. Upon the lawful relocation of a tiger for which there is no change in ownership or possession, the department shall issue a new Exotic and Nongame Wildlife Possession permit reflecting the relocation of the tiger.

e. Upon the issuance of a new Exotic and Nongame Wildlife Possession permit for a tiger, or the change in ownership or possession of a tiger, any preexisting permit authorization for that tiger shall permanently expire.

7. (New section) a. Except as provided in subsection b. of this section, a person shall not dispose of a deceased tiger, or otherwise in any manner relinquish possession of a deceased tiger, or any part thereof, without the express authorization of the department.

b. Upon the death of a tiger, the person who owns or otherwise possesses the tiger at the time of its death shall within five days:

(1) submit the remains of the tiger to the department, in a manner prescribed by the department, for permanent disposal of the tiger and all of its constituent parts; or

(2) dispose of the remains of the tiger under the supervision of the department or a qualified disposal agent; and

(3) provide the department with a sworn affidavit which shall include the time of death, cause of death, the tiger's unique identification number, and a certification that the tiger has not in any way been used for the illegal trade of tigers or tiger parts.

c. When receiving tiger remains for permanent disposal or supervising the disposal of such remains pursuant to subsection b. of this section, the department or a qualified disposal agent, as the case may be, shall obtain evidence from the tiger's subcutaneous microchip or, if inaccessible, other specific evidence connected with the tiger, which is sufficient to confirm the identity of the deceased tiger for the purposes of updating the tiger's profile in the permitting and accounting system established pursuant to section 5 of this act.

d. The person who owns or otherwise possesses the tiger at the time of its death shall be liable for all costs incurred by the department in transporting, evaluating, and disposing of the deceased tiger.

8. (New section) A person who owns or otherwise possesses a living or deceased tiger in this State, whether as an owner, qualified disposal agent, caretaker, or otherwise, shall, upon the presentation of official credentials by any department employee or other duly authorized representative of the commissioner, present the representative with a valid Exotic and Nongame Wildlife Possession permit and allow the representative to enter the premises where the tiger is kept, examine the tiger, take biological samples from the tiger, and take any other action necessary to ensure full compliance with this act.

9. (New section) The requirements and provisions of this act, or any rule or regulation adopted pursuant thereto, shall be in addition to those concerning the procurement, possession, permitting, treatment, or release of tigers, as may be established by any other State or federal law or any permit issued or rule or regulation adopted pursuant thereto, including but not limited to "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), or P.L.1962, c.127 (C.23:4-63.3 et seq.).

10. (New section) A person who violates the provisions of this act or any rule or regulation adopted pursuant thereto shall be subject to the penalties applicable pursuant to section 10 of P.L.1973, c.309 (C.23:2A-10), to be enforced in the manner and in accordance with the authority provided therein.

11. Section 2 of P.L.1979, c.304 (C.23:4-63.7) is amended to read as follows:

2. Except as provided in R.S.23:4-23 and section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), nothing contained in the provisions of this Title shall be construed so as to prohibit or limit the disposal, by State or municipal police officers, or by personnel authorized thereby, of any wild bird, animal, fowl, or fur-bearing animal found dead on or along any public highway or on any private property, upon request of the owner thereof.

(cf: P.L.1979, c.304, s.2)

12. This act shall take effect on the 180th day after the date of enactment, but the Commissioner of Environmental Protection may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill would establish a permitting system and reporting requirements for persons who own or otherwise possess tigers in the State. The permitting and reporting system would be administered by the Department of Environmental Protection ("DEP"), for the purposes of ensuring that tigers kept in New Jersey are not used in the illegal trade of tigers or tiger body parts. Current State law prohibits a person from possessing a tiger without a DEP permit, but it does not specifically address, or work to prevent, the illegal use or trade of tiger parts.

The bill would establish permitting requirements and procedures to enable the DEP to identify and systematically account for each tiger in the State, whether living or deceased. The bill would provide, in particular, that any person who owns or otherwise possesses a tiger must register the tiger with the DEP by applying for and obtaining an Exotic and Nongame Wildlife Possession permit for the tiger, pursuant to "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), or P.L.1962, c.127 (C.23:4-63.3 et seq.). A separate permit would be required for each tiger that is owned or possessed by a person, and each permitted tiger would be assigned a unique identifying number.

The bill would exempt from its permitting requirements:

1) a person owning or possessing a new born tiger for the first 10 days immediately following the birth of the newborn tiger; and

2) a person who (a) is a licensed exhibitor under the federal "Animal Welfare Act," (b) has the appropriate DEP and any other required permits or licenses, and (c) owns or otherwise possesses the tiger in the State for less than 60 consecutive days.

Upon receipt of an Exotic and Nongame Wildlife Possession permit for a tiger, the person who owns or possesses the tiger would be required, at their own expense, to have implanted subcutaneously in the tiger, a microchip containing unique identifying information about the tiger and the owner or possessor thereof. The information would include the assigned DEP identifying number for the tiger, the tiger's birth date, weight, sex, and current and former names, as well as digital photographs showing the tiger's face and left and right sides of the body. The requirement that a subcutaneous microchip be implanted in a tiger would not apply to any institution that has received accreditation by the Association of Zoos and Aquariums. A person who owns or possesses a tiger would also be required to annually renew the permit and provide the DEP, on an annual basis, with photographs of the tiger and an indication of the tiger's weight. The person who owns or possesses a tiger would also be subject to certain reporting requirements when the tiger is permanently relocated, when ownership or possession of the tiger is transferred from one person to another, or when the tiger dies. The person would further be required to provide the DEP with advance written notice of any planned surgical procedure for the tiger.

The bill would require a person who owns or possesses a tiger to hold a valid Exotic and Nongame Species Possession permit for the tiger at the premises where the tiger is kept. A credentialed representative of the DEP must be permitted to enter the premises, review the certificate, examine the tiger, take biological samples from the tiger, and take any other action necessary to ensure full compliance with the bill.

Upon the death of a tiger, the bill would require the person who owns or possesses the tiger to submit the remains of the tiger to the DEP for permanent disposal, or to dispose of the remains under the supervision of the department or a "qualified disposal agent" - defined by the bill as a licensed veterinarian or other person authorized by the DEP, but who is not the person who owns or possesses the tiger. The person who owns or possesses the tiger would, at the time of the tiger's death, also be required to certify to the department that the tiger has not been used in the illegal tiger trade.

A person who violates the bill's provisions would be subject to the penalties applicable under "The Endangered and Nongame Species Conservation Act."