New Jersey-2010-S411-Amended

An Act concerning fees for fishing, hunting, and trapping licenses, and amending R.S.23:3-1 ¹[, P.L.1983, c.324,]¹ and P.L.1993, c.303.

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

1. R.S. 23:3-1 is amended to read as follows:

23:3-1. a. A person shall not at any time hunt, take or attempt to take, kill or pursue, with a gun or any firearm of any kind or character, or with longbow and arrow, a wild bird, animal or fowl, or take or attempt to take any skunk, mink, muskrat, or other fur-bearing animal by means of a trap, or set a trap for any fur-bearing animal, nor shall any person above the age of 16 years at any time take or attempt to take fish in any of the fresh waters of this State by the method commonly known as angling with a hand line or rod and line, or with longbow and arrow, unless he has first procured a proper license.

b. A person shall not engage in hunting, fishing or trapping unless the appropriate license or tag as prescribed hereunder is visibly displayed in a holder in a conspicuous place on the outer clothing at the time of such hunting, fishing or trapping. A licensee shall exhibit his license and tag for inspection to any conservation officer, deputy conservation officer, police officer or other person requesting to see it.

c. A person under 12 years of age shall not be issued a trapping license.

d. A person who is on active duty with any branch or department of the [armed service] Armed Forces of the United States shall be entitled to hunt [or] , fish , or trap upon obtaining the proper resident license therefor and paying the corresponding fee charged of residents, except as provided otherwise pursuant to section 1 of P.L.1993, c.303 (C.23:3-1e) .

e. Nothing in this section shall prevent the occupant of a farm in this State, who actually resides thereon, or the immediate members of his family who also reside thereon, from hunting for, taking, killing or pursuing with a gun or firearm or a longbow and arrow on the farm a wild bird, animal or fowl, from taking any skunk, mink, muskrat, or other fur-bearing animal by means of a trap or from setting a trap for a fur-bearing animal on the farm, or from taking fish on the farm with hand line, rod and line, or longbow and arrow in the manner provided by law during the time when it is lawful so to do, without being licensed hereunder. The
exemption provided pursuant to this subsection 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, nor to a servant of the occupant.

f. (1) Any person found hunting, fishing or trapping without the proper license or tag as may be required conspicuously displayed pursuant to subsection b. of this section shall be liable to a penalty of $10 and costs, to be recovered pursuant to the provisions of Title 23, chapter 10, of the Revised Statutes.

(2) Any person who violates any provision of this section for which a penalty is not otherwise expressly provided, shall be liable to a penalty of not less than $50 nor more than $200 for each offense.

(cf: P.L.1999, c.282, s.3)

2. Section 1 of P.L.1993, c.303 (C.23:3-1e) is amended to read as follows:

1. a. Notwithstanding any law, rule, or regulation to the contrary, no fee, including application fees and issuance fees, may be charged of an applicant for a license, permit, stamp, tag, or certificate to hunt, fish, trap, or otherwise lawfully take fish, game, or any other wildlife in the State, who is :

(1) an active member of the New Jersey National Guard who has completed Initial Active Duty Training [or who is] ;

(2) a disabled veteran ; or

(3) a retired member of any branch or department of the Armed Forces of the United States and residing in the State .

The Division of Fish and Wildlife shall prescribe by regulation the types of evidence that may be used to qualify persons for the benefits of this section.

b. As used in this act:

"Disabled veteran" means any resident of the State who has been honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and who has been declared by the United States Department of Veterans Affairs, or its successor, to have a service-connected disability of any degree; and

"Initial Active Duty Training" means Basic Military Training, for members of the New Jersey Air National Guard, and Basic Combat Training and Advanced Individual Training, for members of the New Jersey Army National Guard.

(cf: P.L.1999, c.282, s.5)

3. Section 2 of P.L.1993, c.303 (C.23:3-1f) is amended to read as follows:

2. At the end of each fiscal year, the Director of the Division of Fish [, Game] and Wildlife shall certify to the Director of the Division of Budget and Accounting in the Department of the Treasury the amount that the "hunters' and anglers' license fund" has been reduced as a result of any license issued without charge pursuant to section 1 of [this act] P.L.1993, c.303 (C.23:3-1e) . An amount equal to the amount certified shall be appropriated each year from the General Fund to the "hunters' and anglers' license fund" for additional operating costs.

(cf: P.L.1993, c.303, s.2)

4. This act shall take effect on January 1 next following the date of enactment.