reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2A-13.1 - Findings, declarations relative to ivory trafficking.

23:2A-13.1 Findings, declarations relative to ivory trafficking.
1. The Legislature finds and declares that ivory trafficking is at the highest rate ever recorded, with an estimated confiscation of more than 41 tons of illegal ivory worldwide in 2013; that despite laws to protect elephants, more than 35,000 African elephants were slaughtered in 2012 and scientists expect the current levels of illegal trade in ivory will bring elephants to extinction within 20 years; that other species with ivory teeth and tusks - such as hippopotamuses, narwhals, walruses, and whales - are equally threatened and the protection of one species may inadvertently draw poachers' efforts to another species; that precious artifacts from prehistoric mammoths are also not safe and need protection from illegal ivory traffickers; that currently the population of all species of rhinoceros living in the wild worldwide has dwindled to 29,000 and, in February 2014, a federal ban on commercial trade of rhinoceros horn and elephant ivory has focused the need to protect rhinoceros populations from poachers as well; and that the most effective way to discourage the illegal trafficking is to eliminate markets and profits for the traffickers.
The Legislature therefore determines that it is an important public purpose to protect all species of rhinoceros and all species of animals with ivory teeth and tusks by prohibiting the import, sale, purchase, barter, or possession with intent to sell, of any ivory, ivory product, rhinoceros horn, or rhinoceros horn product.
L.2014, c.22, s.1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2A-13.2 - Definitions relative to ivory trafficking.

23:2A-13.2 Definitions relative to ivory trafficking.
2. As used in this act:
"Ivory" means any tooth or tusk composed of ivory from any animal, including, but not limited to, an elephant, hippopotamus, mammoth, narwhal, walrus, or whale, or any piece thereof, whether raw ivory or worked ivory, or made into, or part of, an ivory product.
"Ivory product" means any item that contains, or that is wholly or partially made from, any ivory.
"Raw ivory" means any ivory the surface of which, polished or unpolished, is unaltered or minimally changed by carving.
"Rhinoceros horn" means the horn, or any piece thereof, of any species of rhinoceros.
"Rhinoceros horn product" means any item that contains, or is wholly or partially made from, any rhinoceros horn.
"Total value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products" means the fair market value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products, or the actual price paid for the ivory, ivory products, rhinoceros horn, and rhinoceros products, whichever is greater.
"Worked ivory" means ivory that has been embellished, carved, marked, or otherwise altered so that it can no longer be considered raw ivory.
L.2014, c.22, s.2.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2A-13.3 - Additional prohibitions, penalties; exemptions.

23:2A-13.3 Additional prohibitions, penalties; exemptions.
3. a. In addition to the prohibitions established pursuant to, and the penalties imposed for violations of, R.S.23:4-27, "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), and any other applicable law, it shall be unlawful for any person to import, sell, offer for sale, purchase, barter, or possess with intent to sell, any ivory, ivory product, rhinoceros horn, or rhinoceros horn product, except as provided pursuant to this section.
b. It shall be presumptive evidence of possession with intent to sell when any ivory, ivory product, rhinoceros horn, or rhinoceros horn product is possessed in a retail or wholesale outlet commonly used for the buying or selling of similar products, provided, however, that nothing in this subsection shall preclude a finding of intent to sell based on any other evidence which may serve to independently establish such intent. The act of obtaining an appraisal of ivory, an ivory product, rhinoceros horn, or a rhinoceros horn product, alone shall not constitute possession with intent to sell.
c. A person may convey ivory, an ivory product, rhinoceros horn, or a rhinoceros horn product to the legal beneficiary of the ivory, ivory product, rhinoceros horn, or rhinoceros horn product which is part of an estate or other items being conveyed to lawful beneficiaries upon the death of the owner of the ivory, ivory product, rhinoceros horn, or rhinoceros horn product or in anticipation of that death.
d. None of the prohibitions set forth in this section shall apply to employees or agents of the federal or State government undertaking any law enforcement activities pursuant to federal or State law or any mandatory duties required by federal or State law.
e. The prohibition on import set forth in subsection a. of this section shall not apply where the import is expressly authorized by federal license or permit.
f. The Department of Environmental Protection may permit, under terms and conditions as the department may prescribe, the import, sale, offer for sale, purchase, barter, or possession with intent to sell, any ivory, ivory product, rhinoceros horn, or rhinoceros horn product for bona fide educational or scientific purposes, unless this activity is prohibited by federal law.
L.2014, c.22, s.3.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2A-13.4 - Additional penalties, degree of crime; disposition of seized ivory.

23:2A-13.4 Additional penalties, degree of crime; disposition of seized ivory.
4. a. In addition to any applicable penalties which may be imposed pursuant to R.S.23:4-27, "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), or any other applicable law, a person violating any provision of section 3 of this act, or any rule or regulation adopted pursuant to section 5 of this act, shall be guilty of:
(1) for a first offense, a disorderly persons offense and, notwithstanding the provisions of N.J.S.2C:43-3, shall be fined not less than $1,000 or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved in the offense, whichever is greater; and
(2) for a second or subsequent offense, a crime of the fourth degree and, notwithstanding the provisions of N.J.S.2C:43-3, shall be fined not less than $5,000 or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved in the offense, whichever is greater.
b. Upon a conviction for violating the provisions of section 3 of this act, the court shall order the seizure of all ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved in the violation and determine the penalty for the violation based on the assessed value of the seized products pursuant to subsection a. of this section. After sentencing the defendant, the court shall order that the seized ivory, ivory products, rhinoceros horn, and rhinoceros horn products be transferred to the Department of Environmental Protection for proper disposition. The department, at its discretion, may destroy the ivory, ivory products, rhinoceros horn, and rhinoceros horn products or donate them to an educational or scientific institution or organization, including, but not necessarily limited to, a museum, university, or research group.
L.2014, c.22, s.4.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2A-13.5 - Rules, regulations.

23:2A-13.5 Rules, regulations.
5. The Department of Environmental Protection may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation and administration of this act.
L.2014, c.22, s.5.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2A-14 - Intentional feeding of black bears prohibited; violations, penalties

23:2A-14. Intentional feeding of black bears prohibited; violations, penalties
1. a. No person shall:
(1) feed, give, place, expose, deposit, distribute or scatter any edible material or attractant with the intention of feeding, attracting or enticing a black bear; or
(2) store pet food, garbage or other bear attractants in a manner that will result in bear feedings when black bear are known to frequent the area.
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.
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) Any person who violates the provisions of subsection a. of this section shall be liable to a civil penalty of up to $1,000 for each 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. 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.
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.
(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.
L.2002,c.97.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2A-15 - Matching funds for certain federal grants to benefit wildlife, wildlife habitat.

23:2A-15 Matching funds for certain federal grants to benefit wildlife, wildlife habitat.
1. a. There shall be appropriated each fiscal year to the Department of Environmental Protection a sum sufficient to provide the State match required to qualify for any federal grants or other assistance apportioned and made available to the State of New Jersey under the State Wildlife Grants Program or any similar program established pursuant to federal law, rule, or regulation for the purpose of benefitting wildlife and their habitat, including species that are not hunted or fished.
b. The annual State match appropriation requirement under subsection a. of this section shall be met through the appropriation, from the "Endangered and Nongame Species of Wildlife Conservation Fund" established by section 1 of P.L.1981, c.170 (C.54A:9-25.2), from the "Wildlife Conservation Fund" established by section 1 of P.L.1993, c.119 (C.39:3-33.10), or from any other fund or account established by law exclusively or primarily to fund the conservation of endangered or nongame wildlife and their habitat, of moneys, credited in such funds or accounts, that cumulatively exceed an amount equal to the total amount from those funds or accounts that was used in State fiscal year 2005 to support programs and activities related to the conservation of endangered or nongame wildlife and their habitat, which support is ineligible to meet the State match requirement under the State Wildlife Grants Program.
c. In any fiscal year, to the extent that funds directed to be appropriated under subsection b. of this section are insufficient to meet the annual State match appropriation requirement under subsection a. of this section, the remaining amount necessary to meet that requirement shall be made from the General Fund.
d. The sum appropriated under this section each fiscal year shall be expended by the Division of Fish and Wildlife in the Department of Environmental Protection for the purposes and in accordance with the requirements of the federal program and to allow the Endangered and Nongame Species Program in the division to perform its duties and responsibilities.
L.2005,c.211,s.1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2A-16 - Definitions relative to use of wild, exotic animals in traveling animal acts; exceptions; violations, penalties.

23:2A-16 Definitions relative to use of wild, exotic animals in traveling animal acts; exceptions; violations, penalties.
1. a. As used in this section:
"Mobile or traveling housing facility" means a vehicle, including a truck, trailer, or railway car, used to transport or house an animal used for performance.
"Performance" means any animal act, carnival, circus, display, exhibition, exposition, fair, parade, petting zoo, presentation, public showing, race, ride, trade show, or similar undertaking in which animals perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience.
"Traveling animal act" means any performance which requires an animal to be transported to or from the location of a performance in a mobile or traveling housing facility.
"Wild or exotic animal" means any live animal that is classified into any of the following scientific classifications:
(1) Artiodactyla, excluding domestic cattle, bison, American buffalo, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, or alpacas;
(2) Camelidae;
(3) Canidae, including any hybrids thereof, but excluding domestic dogs;
(4) Crocodilia;
(5) Elephantidae;
(6) Felidae, including any hybrids thereof, but excluding domestic cats;
(7) Marsupialia;
(8) Non-human primate;
(9) Perissodactyla, excluding domestic horses, ponies, donkeys, or mules;
(10) Pinnipedia;
(11) Ursidae; and
(12) Elasmobranchii, excluding rays.
b. Notwithstanding any other law, rule, or regulation adopted pursuant thereto, to the contrary, no person shall use a wild or exotic animal in a traveling animal act.
c. Any person who violates this section shall be subject to the penalties provided for in section 10 of P.L.1973, c.309 (C.23:2A-10), except that the criminal penalties provided in subsection f. of that section shall not apply.
d. This section shall not apply to:
(1) exhibitions at a non-mobile, permanent institution or facility licensed by the United States Department of Agriculture and permitted by the Division of Fish and Wildlife in the Department of Environmental Protection;
(2) outreach programs for bona fide educational or conservation purposes conducted by, or affiliated with, a non-mobile, permanent institution or facility that meets the requirements described in paragraph (1) of this subsection;
(3) an institution of higher education exhibiting wild or exotic animals for research or education purposes; or
(4) outreach programs conducted by governmental entities.
L.2018, c.141, s.1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-2 - Legislative findings; state policy

23:2B-2. Legislative findings; state policy
a. The Legislature hereby finds that:
(1) The fisheries resources of the State make a material contribution to our economy and food supply, as well as to the health, recreation, and well-being of our citizens; and,
(2) The fisheries resources of the State are a living, renewable form of wealth capable of being maintained and greatly increased with proper management, but equally capable of destruction if neglected or unwisely exploited.
b. It is hereby declared to be the policy of this State to:
(1) Provide an organizational framework that will permit the State to manage more effectively its fisheries resources with the following objectives:
(a) The conservation of fisheries resources and their habitat to promote their continued productivity;
(b) The maintenance and enhancement of fisheries resources to support a recreational use where a species is the object of recreational fishing;
(c) The maintenance and enhancement of fisheries resources to support a commercial use where a species is the object of commercial fishing;
(d) The management, on a basis of scientific information, of the fisheries resources under the State's jurisdiction, and the participation in the management of other fisheries in which New Jersey fishermen are engaged, with the objective of optimum yield;
(2) Develop an active and modern commercial fisheries fleet, docks, freezing, processing and marketing facilities;
(3) Encourage citizen participation through advisory councils and otherwise, since decisions concerning the distribution and allocation of fisheries resources have important consequences for all citizens of this State; and,
(4) Provide for conservation and management measures involving a reciprocal and cooperative relationship among States and between States and the Federal Government, and between States and the fisheries management councils established pursuant to the "Federal Fisheries Conservation and Management Act of 1976" (16 USC s.s. 1801 to 1882), since many species of fisheries resources travel across state and state-federal boundaries;
(5) Develop a viable aquaculture industry in the State, utilizing existing Federal and other programs where appropriate, and necessary supportive infrastructure.
L.1979, c. 199, s. 2, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-3 - Definitions

23:2B-3. Definitions
As used in this act:
a. "Aquaculture" means the propagation and rearing of aquatic species in controlled or selected environments;
b. "Commissioner" means the Commissioner of Environmental Protection;
c. "Council" means the Marine Fisheries Council created pursuant to this act, except in those sections of this act amending sections of Title 50 of the Revised Statutes;
d. "Department" means the Department of Environmental Protection;
e. "Fish" means any marine or anadromous animal or plant, or part thereof, excepting mammals and birds;
f. "Fisheries management plans" means plans to prevent overfishing, achieve optimal yield from each fishery on a continuing basis, which are based on the best scientific information available, are in accordance with management plans promulgated pursuant to the Fisheries Conservation and Management Act of 1976 and any appropriate interstate programs, provide for the management of stock as a unit throughout their range, and allow for flexibility management; provided, however, that such plans, where practicable and feasible, give preference to the interests and concerns of fishermen in this State;
g. "Marine waters" means all the salt waters of this State, and none of the fresh waters of this State as defined in R.S. 23:1-2. Specifically it includes the waters of the Atlantic ocean, and all bays, inlets and estuarine waters located below the mouth of any fresh water river, stream or creek;
h. "Optimum yield" means the amount of fish from a fishery which will provide the greatest overall benefit to the State, with particular reference to food production and recreational opportunities, and the amount of fish which is prescribed as such on the basis of the maximum sustainable yield from such fishery as modified by any relevant economic, social or ecological factor;
i. "Processing" means handling, storing, freezing, preparing, preserving, packing, transporting, holding, or selling fish or fish products;
j. "Taking" means to catch, net, capture, possess, or collect any fish or to attempt to engage in any such conduct;
k. "Fishery" means one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational and economic characteristics and any fishing for such stocks.
L.1979, c. 199, s. 3, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-4 - Marine Fisheries Council.

23:2B-4 Marine Fisheries Council.
4. There is hereby created in the department a Marine Fisheries Council, which shall consist of 11 members, nine of whom shall be appointed by the Governor, with the advice and consent of the Senate, of whom four shall represent and be knowledgeable of the interests of sports fishermen, two shall be active commercial fin fishermen, one shall be an active fish processor, and two shall represent the general public; the other two members shall be the chairmen of the two sections of the Shellfisheries Council.
Of the nine members first to be appointed by the Governor, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Thereafter, all appointments shall be made for terms of three years. All appointed members shall serve after the expiration of their terms until their respective successors are appointed and shall qualify, and any vacancy occurring in the appointed membership of the council, by expiration of term or otherwise, shall be filled in the same manner as the original appointment for the unexpired term only, notwithstanding that the previous incumbent may have held over and continued in office as aforesaid. The Governor may remove any member of the council for cause upon notice and opportunity to be heard.
Members of the council shall serve without compensation, but shall be reimbursed for expenses actually incurred in attending meetings of the council and in the performance of their duties as members thereof.
The Governor shall appoint a chairman, from the citizen members of the council, who shall serve at the Governor's pleasure. Six members of the council shall constitute a quorum to transact its business.
L.1979, c.199, s.4; amended 2007, c.338, s.2.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-5 - Powers and duties of council

23:2B-5. Powers and duties of council
The Marine Fisheries Council shall:
a. Contribute to the preparation and revision of fisheries management plans;
b. Be empowered to disapprove, within 60 days of the proposal thereof and the submittal thereto, any rule or regulation or any amendment thereto proposed by the commissioner pursuant to this act except for any rule or regulation adopted pursuant to subsection (c) of section 4 of the "Administrative Procedure Act," (C. 52:14B-4);
c. Advise the commissioner on policies of the department and in the planning, development, and implementation of all departmental programs related to this act;
d. Examine, consider and make recommendations in any matters pertaining to the conservation and management of fisheries resources throughout the State;
e. From time to time submit to the commissioner any recommendation for new rules and regulations or revision to existing rules and regulations which it deems necessary for the proper operation of an effective marine fisheries program;
f. Hold periodic public hearings in regard to current issues affecting the operation of the marine fisheries program;
g. Recommend the convening of species related citizen panels where appropriate;
h. Study and analyze economic, social and ecological data relating to the operation of the marine fisheries program.
L.1979, c. 199, s. 5, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-6 - Preparation of fisheries management plans; rules and regulations

23:2B-6. Preparation of fisheries management plans; rules and regulations
The commissioner shall prepare fisheries management plans for each major fishery in the State, with the advice and assistance of the council, and if deemed necessary, advisory species related citizen panels. The citizen panels shall be composed of persons appointed by the commissioner. They shall review suggested management plans and any rules and regulations implementing said plans. Such management plans shall be coordinated with and take into consideration the appropriate Federal, Federal-State, regional management council and interstate programs.
The commissioner, subject to the disapproval of the council as hereinbefore provided, shall prepare and promulgate and may amend and repeal rules and regulations to carry out the intent of this act and to implement the provisions of the fisheries management plans. Any such rules and regulations shall be promulgated in accordance with the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.). Such rules and regulations may:
a. Prohibit, limit, condition, require or establish the use of specified types of fishing gear; the size, number and quantity of specific species that may be taken; the areas to be opened or closed to their taking, the time and manner of their taking; and may prescribe such other limitations, conditions, requirements, or restrictions as is necessary and appropriate to the policy and purposes of this act;
b. Establish and develop fisheries management areas and prescribe rules governing the use of such areas;
The commissioner may not regulate, pursuant to this section, any species in any body of water which is regulated pursuant to Title 50 of the Revised Statutes.
L.1979, c. 199, s. 6, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-7 - Powers and duties of commissioner

23:2B-7. Powers and duties of commissioner
The commissioner shall have the following powers and duties:
a. Administer and enforce the laws, rules and regulations relating to fisheries resources;
b. Appoint the chief administrative officer of the marine fisheries program and all other necessary employees, including enforcement personnel, within the limits of available revenues;
c. Develop and implement a program for the management of fisheries resources, including such species related management plans as may be appropriate;
d. Acquire by gift or purchase and hold real property in the name of the State, or any right or interest therein, including, but not limited to, easements or rights of access;
e. Accept for the State any Federal funds apportioned under Federal law related to authorized programs of the department and to do such acts as are necessary for the purpose of carrying out such Federal laws; and to accept from any other agency or government, individual, group, or corporation, such funds, gifts, or devises as may be available to carry out the purposes of this act;
f. Make periodic reports to the Governor and the Legislature, including therein such recommendations for changes and amendments in existing law and licensing procedures as are warranted by investigations and research;
g. Conduct or sponsor a program or programs for research and development of fisheries resources of the State, in cooperation, where appropriate, with Rutgers, The State University, the Marine Sciences Consortium, and other responsible research or academic agencies, which programs shall include, but not be limited to biological, chemical, technological, hydrological, processing, marketing, financial, economic, and promotional research and development. The department may carry out such a program or programs in cooperation with other State agencies, Federal, regional, and local governmental entities, or with private institutions or persons;
h. Establish programs for public education concerning the conservation, utilization, development, and enhancement of fisheries resources;
i. Acquire, introduce, and propagate marine fish species in such manner as will carry out the fisheries resources management programs;
j. To coordinate and integrate the marine fisheries program established herein with the activities of all other State agencies which affect fisheries resources, and access thereto including but not limited to, freshwater fisheries, coastal zone management, water pollution control and marine law enforcement; and,
k. To encourage every agency which operates a bridge or road over any of the marine waters of this State to construct a fishing platform on each such bridge.
L.1979, c. 199, s. 7, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-8 - Management of shared fisheries resources; cooperation to develop integrated management plans; reciprocal agreements with other jurisdictions

23:2B-8. Management of shared fisheries resources; cooperation to develop integrated management plans; reciprocal agreements with other jurisdictions
In the management of fisheries resources which are shared by the State of New Jersey with other states or with other states and the Federal Government, the commissioner shall cooperate with the appropriate agencies of said states, the Federal Government and the regional fisheries management councils established under the Federal Fisheries Conservation and Management Act of 1976, and any appropriate interstate programs to develop integrated management plans for such shared resources.
The commissioner is empowered to make the following reciprocal agreements with other jurisdictions:
a. Rules and regulations with respect to fishing in boundary waters after consultation with the appropriate body in the neighboring states;
b. A procedure whereby valid fishing license issued by the parties to the reciprocal agreements may be used by their licensees within the jurisdiction of either in accordance with the terms of such agreements;
c. Any individual from a state who has the responsibility of enforcing that state's marine fisheries laws may pursue any person found fishing in the coastal waters of such state in violation of the marine fisheries laws thereof onto adjacent waters of this State and there arrest him and return him to the state where the violation occurred for the purpose of prosecuting him for such violation; provided, that such other state shall have enacted legislation giving substantially similar authority to individuals in this State who have responsibility for enforcing the marine fisheries laws of this State relative to persons found fishing in the coastal waters of this State in violation of the marine fishing laws thereof.
L.1979, c. 199, s. 8, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-9 - Disclosure of information by persons taking fisheries resources; records, books or accounts; audits

23:2B-9. Disclosure of information by persons taking fisheries resources; records, books or accounts; audits
a. The commissioner may by regulation require that every person, who takes fisheries resources, provide information on the species, number, weight, and any other information pertinent to management of the resources taken in a manner prescribed and on forms supplied by the department.
b. Every person engaged in the commercial buying, packing, storing, wholesaling, marketing, or processing of any fisheries resources within the State shall keep accurate records, books or accounts showing the species, quantity, and source of fisheries resources.
c. Every record, book, or account referred to in subsection b. shall be open for inspection by the department at reasonable hours.
d. The department may audit the records, books, or accounts of any person referred to in subsection b., and of anyone who takes fisheries resources and ships directly to market in order to determine the quantity of resources taken and other information pertinent to management.
e. The records obtained by the department, and the information contained therein, shall except as otherwise provided in this section, be confidential, and the records shall not be public records and insofar as possible, the information contained in the records shall be compiled or published in such a manner so as not to disclose the business record of any person.
f. The information in the above records can be provided to other states, Federal agencies and regional fisheries agencies provided that those entities have similar confidentiality provisions that do not disclose the business record of any person.
L.1979, c. 199, s. 9, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-10 - Aquaculture task force; commercial fisheries development task force; members; duties; report

23:2B-10. Aquaculture task force; commercial fisheries development task force; members; duties; report
For a period of 2 years from the effective date of this act the Commissioner of Labor and Industry, the Commissioner of Environmental Protection, the Secretary of Agriculture, the Executive Director of the Economic Development Authority and the Director of the Division of Fish, Game and Wildlife shall serve on an Aquaculture Task Force to be chaired by the Secretary of Agriculture and a Commercial Fisheries Development Task Force to be chaired by the Commissioner of Environmental Protection. The task forces shall be assigned to the Governor's office and shall promote the development of aquaculture, of the commercial fisheries industry, and of the commercial aspects of fish products. The task forces shall, to the extent practicable, encourage the growth and expansion of piers and docks, processing and storage facilities, fishing equipment and vessels and marketing facilities and the development of aquaculture, personnel training programs, research, or any other procedures designed to stimulate, expand and promote the commercial fisheries industry and the commercial aspects of recreational fishing and the development of processing and marketing facilities for fish and fish products. The task forces shall define the roles of the various concerned State agencies in carrying out a permanent program to promote the development of an aquaculture program and of a commercial fisheries industry. The task forces shall report to the Governor and Legislature on their findings and conclusions, and shall recommend whatever legislative changes are necessary for a permanent program prior to the termination of the 2-year period.
L.1979, c. 199, s. 10, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-11 - Interference or damage to devices used to take fish

23:2B-11. Interference or damage to devices used to take fish
No person shall, willfully and without reasonable cause, interfere with, break, damage or destroy any net, trap, seine, fyke pot or any other device used to take fish, which is being utilized in a lawfully authorized manner.
L.1979, c. 199, s. 12, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-12 - Enforcement of marine management statutes, rules and regulations; duties and training of marine police; reports

23:2B-12. Enforcement of marine management statutes, rules and regulations; duties and training of marine police; reports
The marine police shall devote a sufficient number of hours and sufficient resources to the enforcement of the marine management statutes and rules and regulations promulgated pursuant thereto to assure compliance therewith. The chief administrative officer of the marine fisheries program and of the marine police shall jointly work out an effective marine fisheries enforcement program. The two chief administrative officers shall periodically report to the Marine Fisheries Council on enforcement activities, whether completed, underway or contemplated. Each marine policeman shall be trained for a minimum of one full work week on marine resources management procedures during his first year on the job and for a minimum of one working day every year thereafter.
L.1979, c. 199, s. 13, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-13 - Review of previously adopted rules and regulations.

23:2B-13 Review of previously adopted rules and regulations.
63. Within one year after the effective date of P.L.1979, c.199 (C.23:2B-1 et al.), the commissioner shall review all rules and regulations previously adopted pursuant to the provisions of Title 50 of the Revised Statutes for conformance to the revisions to that Title contained herein and shall, after consultation with the Shellfisheries Council, amend or repeal any rules and regulations which are not in conformance herewith.
L.1979, c.199, s.63; amended 2007, c.338, s.3.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-15 - Division of fish, game and wildlife; fish and game council; continuance of functions, powers and duties

23:2B-15. Division of fish, game and wildlife; fish and game council; continuance of functions, powers and duties
a. The Division of Fish, Game and Shellfisheries is continued and constituted as the Division of Fish, Game and Wildlife in the Department of Environmental Protection. Except as otherwise provided by this act, all the functions, powers and duties of the existing Division of Fish, Game and Shellfisheries, and the director, thereof, are continued in the Division of Fish, Game and Wildlife and the director thereof, and whenever the term "Division of Fish, Game and Shellfisheries" occurs or any reference is made thereto in any law, contract or document, the same shall be deemed or mean to refer to the Division of Fish, Game and Wildlife.
b. The Fish and Game Council, together with all its functions, powers and duties, is continued as the Fish and Game Council in the Division of Fish, Game and Wildlife in the Department of Environmental Protection.
L.1979, c. 199, s. 74, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-15.1 - Division of Fish and Wildlife constituted.

23:2B-15.1 Division of Fish and Wildlife constituted.
2. a. The Division of Fish, Game and Wildlife is continued and constituted as the Division of Fish and Wildlife in the Department of Environmental Protection. All the functions, powers, and duties of the existing Division of Fish, Game and Wildlife and the director thereof are continued in the Division of Fish and Wildlife and the director thereof, and whenever the term "Division of Fish, Game and Wildlife" occurs or any reference is made thereto in any law, contract, or document, it shall be deemed or mean to refer to the Division of Fish and Wildlife.
b. The Fish and Game Council, together with all its functions, powers and duties, is continued as the Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection.
L.1999,c.282,s.2.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-16 - Severability; liberal construction

23:2B-16. Severability; liberal construction
If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. This act shall be liberally construed to effectuate the purpose and intent thereof.
L.1979, c. 199, s. 75, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-17 - Pending actions or proceedings; preexisting orders, rules and regulations

23:2B-17. Pending actions or proceedings; preexisting orders, rules and regulations
This act shall not affect, impair or invalidate any action or proceeding, civil or criminal, brought by or against the department, pending on the effective date of this act, and all such actions or proceedings may and shall be continued to final judgment, decree or decision, as if the foregoing provisions had not taken effect; nor shall this act affect orders, rules and regulations heretofore made, promulgated or issued by the department or other matters or proceedings pending before the department on the effective date of this act. Such orders, rules, regulations, matters or proceedings shall continue in full force and effect until amended or repealed pursuant to law.
L.1979, c. 199, s. 76, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-18 - Saltwater recreational anglers license

23:2B-18. Saltwater recreational anglers license
Nothing in this act shall authorize the imposition of a saltwater recreational anglers license on any person.
L.1979, c. 199, s. 82, eff. Sept. 19, 1979.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-19 - Taking, processing of fish on certain vessels in marine waters prohibited.

23:2B-19 Taking, processing of fish on certain vessels in marine waters prohibited.
1. No person may take or process fish while on a vessel greater than 165 feet in length while in marine waters.
For the purpose of this section, "process" means to clean and freeze, can, or otherwise process and package fish for sale.
L.2006,c.18,s.1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-20 - Findings, declarations, determinations relative to horseshoe crab and shorebird conservation.

23:2B-20 Findings, declarations, determinations relative to horseshoe crab and shorebird conservation.
1. The Legislature finds and declares that each spring more than a million shorebirds of six species, including the red knot, ruddy turnstone, sanderling, semipalmated sandpiper, short-billed dowitcher, and dunlin, stop at Delaware Bay beaches and feed upon horseshoe crab eggs; that the red knot was once considered one of New Jersey's most abundant shorebirds; that this critical food source of horseshoe crab eggs consumed during the stopover of the red knot in New Jersey and Delaware is needed for the birds to gain sufficient weight to continue their migration north to breeding grounds in the Canadian Arctic, survive until food becomes available, and successfully reproduce ; that surveys have shown that red knots migrating through the bay region have declined by more than 75 percent since 2000; and that state and international biologists fear that the red knot will become extinct as soon as 2010.
The Legislature further finds and declares that the numbers of shorebirds other than the red knots that feed on horseshoe crab eggs on the Delaware Bay have declined by a highly significant 64 percent during the period of 1998 through 2007.
The Legislature further finds and declares that shorebird populations have continued to decline, despite the fact that over the past two decades more than $3 million in public funds have been spent on the protection and restoration of shorebird populations and their habitats on New Jersey's Delaware Bay shore.
The Legislature therefore determines that a moratorium on the harvest, landing and possession of horseshoe crabs is critical to ensure that more horseshoe crab eggs will be available as a food source, thus increasing the likelihood of survival of these shorebirds.
L.2008, c.1, s.1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:2B-25 - "Marine Fisheries Program Support Account."

23:2B-25 "Marine Fisheries Program Support Account."
2. a. There is established within the General Fund, a separate, dedicated, and non-lapsing account to be known as the "Marine Fisheries Program Support Account." This account shall be credited with all revenues received from the issuance of Possession In Excess of Daily Limit Vessel Licenses pursuant to section 1 of P.L.2019, c.477 (C.23:2B-24).
b. The moneys in the Marine Fisheries Program Support Account shall be allocated to the Division of Fish and Wildlife, Marine Fisheries Administration within the Department of Environmental Protection, and shall be dedicated for the purposes of marine fisheries programs within the department.
L.2019, c.477, s.2.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:3-1 - License for hunting, fishing, or trapping; penalty; exceptions.

23:3-1 License for hunting, fishing, or trapping; penalty; exceptions.
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 police officer, deputy conservation police 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 of the United States shall be entitled to hunt or fish upon obtaining the proper resident license therefor.
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.
amended 1945, c.116; 1948, c.226, s.1; 1951, c.226, s.1; 1953, c.425; 1971, c.405, s.1; 1975, c.81; 1975, c.116, s.1; 1979, c.385, s.2; 1993, c.20, s.2; 1999, c.282, s.3; 2019, c.407, s.9.