Bill Text: NJ ACR25 | 2016-2017 | Regular Session | Introduced
Bill Title: Determines that Fish and Game Council's adopted rule to allow use of enclosed foothold traps is inconsistent with plain language and legislative intent of 1984 law banning animal traps of steel-jaw leghold type.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2016-11-03 - Received in the Senate, Referred to Senate Environment and Energy Committee [ACR25 Detail]
Download: New_Jersey-2016-ACR25-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 25
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Determines that Fish and Game Council's adopted rule to allow use of enclosed foothold traps is inconsistent with plain language and legislative intent of 1984 law banning animal traps of steel-jaw leghold type.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
A Concurrent Resolution concerning legislative review of certain adopted Fish and Game Council regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.
Whereas, Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey provides that the Legislature may review any rule or regulation adopted or proposed by an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature as expressed in the language of the statute which the rule or regulation is intended to implement and, upon a finding that the rule or regulation is not consistent with legislative intent, may transmit the finding to the Governor and the head of the agency; and
Whereas, On March 16, 2015, the Fish and Game Council proposed for public comment in the New Jersey Register the 2015-2016 Game Code, N.J.A.C.7:25-5.1 et seq., and subsequently adopted on August 8, 2015 and published in the New Jersey Register on September 8, 2015 the 2015-2016 Game Code; and
Whereas, The Game Code sets forth the regulations governing hunting and trapping in the State, including season dates, bag limits, and the means by which game and furbearing animals may be taken and possessed; and
Whereas, In 1984, in order to protect animal welfare and prevent cruelty in trapping, P.L.1984, c.37 (C.23:4-22.1 et seq.) was enacted in this State to prohibit the use of animal traps of the steel-jaw leghold type; and
Whereas, Among the amendments for the 2015-2016 Game Code is a provision to allow the use of "enclosed foothold traps," which, despite being defined therein as a live-capture trap with a trigger which is activated by pulling, is, in fact, an animal trap of the steel-jaw leghold type prohibited pursuant to P.L.1984, c.37 (C.23:4-22.1 et seq.) because, when the trap is triggered, a steel jaw clamps the animal's limb against another steel surface or co-acting jaw, thereby restraining the animal; and
Whereas, Enclosed foothold traps, like other animal traps of the steel-jaw leghold type, trap the limb of an animal with a clamping force that inflicts trauma, restricts blood flow, and results in significant injury to the animal, and therefore are cruel and inhumane; and
Whereas, Many non-target species, such as mink, river otter, and the domestic cat, are equally as dexterous as target species such as raccoon and opossum, and therefore can also be wrongly captured by enclosed foothold traps; and
Whereas, Raccoons, opossums, and other similarly sized species can be caught easily by using cage and box type traps rather than enclosed foothold traps; and
Whereas, The adopted amendments to the 2015-2016 Game Code, specifically N.J.A.C.7:25-5.12(g), to allow the use of enclosed foothold traps are inconsistent with the plain language and intent of the Legislature expressed in P.L.1984, c.37 (C.23:4-22.1 et seq.); now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The Legislature declares that the rules and regulations proposed in the New Jersey Register on March 16, 2015, adopted on August 8, 2015, and published in the New Jersey Register on September 8, 2015 by the Fish and Game Council to allow the use of enclosed foothold traps are not consistent with the plain language and intent of the Legislature as expressed in P.L.1984, c.37 (C.23:4-22.1 et seq.).
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate or the Clerk of the General Assembly to the Chair of the Fish and Game Council and the Commissioner of Environmental Protection.
3. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Fish and Game Council and the Commissioner of Environmental Protection shall have 30 days following transmittal of this resolution to amend or withdraw the adopted rules and regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the rules and regulations in whole or in part.
STATEMENT
This concurrent resolution embodies the finding of the Legislature that the amendments proposed and adopted by the Fish and Game Council to the 2015-2016 Game Code to allow the use of "enclosed foothold traps" are not consistent with the plain language and intent of the Legislature as expressed in P.L.1984, c.37 (C.23:4-22.1 et seq.). An enclosed foothold trap is a type of steel-jaw leghold trap, the use of which has been banned in the State since 1984 because it is cruel and inhumane.
The Fish and Game Council will have 30 days from the date of transmittal of this resolution to amend or withdraw the adopted rules and regulations, or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the rules and regulations in whole or in part.
