Bill Text: NJ S765 | 2024-2025 | Regular Session | Amended
Bill Title: Revises law prohibiting feeding of bears; establishes program in DEP for distribution of bear-proof garbage cans.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced) 2024-12-19 - Senate Amendment (Voice) (Ruiz) [S765 Detail]
Download: New_Jersey-2024-S765-Amended.html
[Second Reprint]
SENATE, No. 765
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator GORDON M. JOHNSON
District 37 (Bergen)
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Co-Sponsored by:
Senators Singer, Stack, Cryan, Greenstein, Gopal, Cruz-Perez, Diegnan and Mukherji
SYNOPSIS
Revises law prohibiting feeding of bears; establishes program in DEP for distribution of bear-proof garbage cans.
CURRENT VERSION OF TEXT
As amended by the Senate on December 19, 2024.
An Act concerning feeding of 1[black bear] bears1 and amending 2and supplementing2 P.L.2002, c.97.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
21. (New section) a. There is established in the Department of Environmental Protection a special, nonlapsing fund to be known as the "Bear Smart Fund." Moneys in the fund shall be held separately and be available solely for the purpose of providing bear-proof garbage cans to New Jersey residents pursuant to the provisions of this section.
b. The "Bear Smart Fund" shall be credited with:
(1) civil penalties collected by the department pursuant to section 1 of P.L.2002, c.97 (C.23:2A-14);
(2) any State or federal funds appropriated or otherwise made available for the purposes of this section; and
(3) any interest earnings or other investment income earned or received on the moneys in the fund.
c. All money appropriated or otherwise made available to the "Bear Smart Fund" shall be dedicated for the purposes of the fund. Pending use, moneys in the fund may be invested and reinvested in the same manner as other moneys of the State in the manner provided by law. All earnings received from the investment or deposit of such moneys shall be paid into and become a part of the fund and be available for use pursuant to this section.
d. The Department of Environmental Protection shall establish a program to purchase and distribute bear-proof garbage cans to New Jersey residents. The department may charge a small fee for a bear-proof garbage can under the program. The department may operate the program in cooperation with municipalities, counties, authorities, or private waste companies to reduce costs and assist with the distribution of bear-proof garbage cans.
e. Under the program, the department shall distribute bear-proof garbage cans in counties with large bear populations, including Sussex, Warren, Morris, and Passaic counties. The department shall prioritize the distribution of bear-proof garbage cans in such a way as to minimize the potential for human-bear conflicts.
f. The department shall utilize funds in the "Bear Smart Fund" established pursuant to subsection a. of this section in order to fund the bear-proof garbage can distribution program.2
2[1.] 2.2 Section 1 of P.L.2002, c.97 (C.23:2A-14) is amended to read as follows:
1. a. No person shall 2, in an area known to be frequented by bears2 1, 2and2 in a manner 2[potentially]2 accessible to bears1:
(1) feed, give, place, expose, deposit, distribute , or scatter any food, edible material , or 1bear1 attractant 1[with the intention of feeding, attracting , or enticing a black bear]1; or
(2) place or store any food, pet food, garbage , or other bear attractants 1[in a manner that will result in bear feedings when black bear are known to frequent the area]1 .
b. Subsection a. of this section shall not apply [in the case of an unintentional feeding of a black bear. "Unintentional feeding" means using or placing any material for a purpose other than to attract or entice black bears but which results in the attraction or enticement of a black bear, and shall include but need not be limited to the use and placement of bait for deer in accordance with section 1 of P.L.1997, c.424 (C.23:4-24.4) and the State Fish and Game Code] to:
(1) any person licensed pursuant to law to possess wildlife;
(2) any crop, agricultural product, or animal feed on the premises of any person engaged in agricultural or horticultural activities;
(3) a birdfeeder 2[maintained between the dates of 1December 1 through March 31. Subsection a. of this section shall not apply to a birdfeeder maintained between the dates of1 April 1 and November 30, provided that:
(a) the birdfeeder is suspended on a cable or other device at least 10 feet above the ground;
(b) the area below the birdfeeder is kept free from bird food, bird food debris, or any item that may be construed as bird food;
(c) the bird feeder is emptied or brought indoors every night; and
(d) if a bear gains access to the bird feeder, the condition allowing access shall be corrected or the bird feeder removed within 48 hours]2 ;
(4) the placement of food at a shelter or pound licensed by the Department of Health or a municipally approved managed cat colony, provided that any uneaten food is removed every night 1, and provided that, in areas known to be frequented by bears, feeding time is limited to a maximum of two hours daily and feed sites are actively monitored1;
(5) the feeding of companion animals, provided that any uneaten food is removed every night; 1[and]1
(6) any action by federal, State, or local authorities that requires feeding, baiting, or luring of wildlife for management or scientific purpose1;
(7) any properly licensed person engaged in legal hunting or trapping activities, 2including baiting,2 provided that the person uses the correct equipment and hunts 2[or] ,2 traps 2, or baits only2 during the correct time of year for the target species; 2[and]2
(8) the storage of food, pet food, garbage, bird seed, or other bear attractants in an outbuilding, shed, or garage when the door to the outbuilding, shed, or garage is closed1 2and
(9) the placement outdoors of a designated, appropriate garbage receptacle containing garbage, for the purposes of collection and disposal by the applicable local government or agent thereof2.
c. (1) If any person violates subsection a. of this section, the department may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations and the court may proceed in the action in a summary manner.
(2) 1[Any] A1 person 1[who violates] violating1 the provisions of subsection a. of this section shall be liable to a civil penalty of 1[up to] not less than $100 nor more than $500 for the first offense, and not less than $300 nor more than1 $1,000 for 1the second offense and1 each 1subsequent1 offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. Civil penalties recovered for violations hereof shall be remitted [as provided in R.S.23:10-19] 1[, within 30 days, by the court or by the clerk or court officer receiving the penalties to the municipality in which the violation occurred] 2[as provided in R.S.23:10-191] to the "Bear Smart Fund" established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill)2. The Superior Court and municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999."
If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
1[No person shall be assessed a civil penalty pursuant to this paragraph unless the person has first been issued a prior written warning for a violation of subsection a. of this section.]1
(3) The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.
d. The provisions of this section shall be enforced by all municipal police officers, the State Police, and law enforcement officers with the Division of Fish and Wildlife and the Division of Parks and Forestry in the Department of Environmental Protection.
e. [Nothing in this section shall be construed to restrict in any way the attraction, capture, or taking of black bears by or at the direction of the Division of Fish and Wildlife for management or research purposes.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(cf: P.L.2002, c.97, s.1)
2[2.] 3.2 This act shall take effect immediately.
