S1576

An Act establishing wildlife rehabilitator licensing requirements and supplementing Title 23 of the Revised Statutes.

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

1. This act shall be known and may be cited as the “Licensed Wildlife Rehabilitator Act.”

2. The Legislature finds and declares that:

a. In the past decade, the number of wildlife encounters has increased while the number of volunteer wildlife rehabilitators in the State has decreased drastically, and seven counties in the State have no wildlife rehabilitators;

b. The wildlife rehabilitator permitting process was established by the Division of Fish and Wildlife, in the Department of Environmental Protection, in order to support and keep track of individuals rehabilitating wildlife;

c. Volunteer wildlife rehabilitators demonstrate an interest in helping injured, orphaned, or sick wildlife and are an asset to communities all over the State, providing an outlet for the public by responding to calls for help from veterinarians, police departments and State Police, fire departments, the United States Coast Guard, animal control officers, and private individuals, and rehabilitating thousands of animals each year; and

d. It is therefore in the best interest of the State to increase the number of wildlife rehabilitators and wildlife rehabilitation facilities located throughout the State by: creating an environment that encourages volunteers; eliminating any apparent and real conflicts with the Division of Fish and Wildlife; working with animal rescue groups, veterinarians, animal shelters, animal control officers, and others to establish fair and reasonable training and licensing requirements and educational programs; and supporting wildlife rehabilitation goals that protect the health and wellbeing of citizens and wildlife in this State.

3. As used in this act:

“Applicant” means a person who has applied to the department to become a wildlife rehabilitator or apprentice.

“Apprentice” means a person issued an apprentice license to perform wildlife rehabilitation under the supervision of a wildlife rehabilitator licensed pursuant to this act.

“Board” means the Wildlife Rehabilitation Board established pursuant to section 8 of this act.

“Department” means the Department of Environmental Protection.

“Wildlife rehabilitation” means the process of caring for an injured, orphaned, or sick wild animal, including providing food, shelter, and medical care to the animal, and returning the animal to the wild after treatment if appropriate.

“Wildlife rehabilitator” means a person who is trained to perform wildlife rehabilitation on specific animals and licensed pursuant to this act.

4. a. There is hereby established the Wildlife Rehabilitation Board in, but not of, the Department of Environmental Protection. The board shall be distinct and separate from the Division of Fish and Wildlife in the department. The board shall have full authority and responsibility for:

(1) providing professional oversight for the wildlife rehabilitation license and apprentice license established and authorized pursuant to this act;

(2) establishing and implementing inspection requirements;

(3) developing continuing education programs for wildlife rehabilitators;

(4) reviewing, and revising as necessary, applicant species lists submitted by the department and established in conjunction with a wildlife rehabilitation license application pursuant to section 8 of this act;

(5) determining if a license shall be denied, modified, suspended or revoked, or if a person may apply to become licensed without serving as an apprentice as provided pursuant to subsection f. of section 8 of this act; and

(6) reviewing, prior to any seizure or destruction of any animal, any seizure of animals or order for the destruction thereof, and validating or vacating any order for the destruction of animals.

b. The board shall consist of 10 members, nine of whom shall be voting members and State residents, to be selected within 120 days after the date of enactment of this act and qualified as follows:

(1) the Commissioner of Environmental Protection, or the commissioner’s designee who shall not be in the Division of Fish and Wildlife, who shall serve ex officio and who shall be a non-voting member;

(2) three members who shall be wildlife rehabilitators licensed in New Jersey and residents of the State, and appointed by the Governor from nominations by the Garden State Wildlife Rehabilitators Council and Cooperative, or, in the absence of timely nominations for the appointments, any wildlife rehabilitators;

(3) two members, with experience rehabilitating injured wildlife and preferably with experience in avian and exotic species, and appointed by the Governor with the advice and consent of the Senate from nominations by the New Jersey Veterinary Medical Association, in consultation with the New Jersey Veterinary Technicians and Assistants;

(4) two members appointed by the Governor from nominations by the New Jersey Society for the Prevention of Cruelty to Animals or the Associated Humane Societies of New Jersey; and

(5) two members of the public, appointed by the Governor, who are State residents with a demonstrated interest in the protection of wildlife from physical harm or injury, but who are not licensed or volunteer wildlife rehabilitators.

c. If a vacancy for any appointed member exists after the 120th day after the date of enactment of this act, the President of the Senate and the Speaker of the General Assembly shall fill any vacancy as soon as practicable by alternating appointing, beginning with the President of the Senate, appointing members with the appropriate qualifications for the member as specified in subsection b. of this section until all vacancies are filled. A member appointed pursuant to this subsection shall be subject to the appointment terms set forth in subsection d. of this section. Any person may apply for consideration to be appointed as a member of the board pursuant to this subsection, without being nominated or selected by a group or organization, if the person otherwise qualifies for the appointment under the specific qualifications set forth in subsection b. of this section for the member being appointed.

d. Of the nine voting members first appointed, three shall be appointed to a term of one year, three shall be appointed to a term of two years, and three shall be appointed to a term of three years. Thereafter, all appointments shall be for a term of three years, and a member shall not be appointed to serve more than three consecutive three-year terms.

e. Each appointed member shall serve for the term of the appointment and until a successor shall have been appointed and qualified.

f. No member may be appointed if found in violation of any law, rule, or regulation concerning animal cruelty, or this act or any rule or regulation adopted pursuant thereto. A member found in violation of any law, rule, or regulation concerning animal cruelty, or this act or any rule or regulation adopted pursuant thereto, shall be immediately removed by the Governor from the board and the vacancy shall be filled in the manner prescribed pursuant to subsection b. of this section.

g. The appointed members shall serve without compensation.

h. The board shall organize as soon as possible after the appointment of its members, but no later than 180 days after the appointment of its members, and shall select a chairperson from among its members, other than the commissioner or the commissioner’s designee, and a secretary who need not be a member of the board.

i. A majority of the nine voting members of the board shall constitute a quorum for the transaction of business. Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of the voting members present.

j. The board shall be entitled to the assistance and service of the employees of the Department of Environmental Protection, and any State, county or municipal department, board, bureau, commission or agency, or a public institution of higher education in the State, as it may require and as may be available to it for its purposes.

5. a. The Department of Environmental Protection, in collaboration with the Wildlife Rehabilitation Board established pursuant to section 4 of this act, shall administer a licensing program and licensing requirements for wildlife rehabilitators and apprentice wildlife rehabilitators.

b. An application for a wildlife rehabilitation license or an apprentice license, or a license renewal thereof, shall be made by an applicant on a standardized form, provided by the department and reviewed and revised as necessary by the board after the board has organized.

c. Each wildlife rehabilitation license or apprentice license issued pursuant to this act shall be issued to an individual, shall be valid only for the individual to whom it is issued, and shall not be transferable. There shall be no application or renewal fees charged for any wildlife rehabilitation license or apprentice license issued pursuant to this act.

d. No wildlife rehabilitation license or apprentice license issued pursuant to this act, or a renewal thereof, may be denied, modified, suspended, or revoked without a hearing and the Wildlife Rehabilitation Board expressly recommending to the department the denial, specific modification, suspension, or revocation of the specific license or renewal thereof, as applicable.

e. (1) No applicant may be denied a wildlife rehabilitation license if the applicant meets the requirements of section 8 of this act, except if the applicant has had a wildlife rehabilitation license or a required federal rehabilitation permit suspended or revoked after the effective date of this act.

(2) No applicant may be denied an apprentice license if the applicant meets the requirements of section 7 of this act, except if the applicant has had an apprentice license or other license or permit to rehabilitate wildlife suspended or revoked after the effective date of this act.

(3) Any applicant whose wildlife rehabilitator permit or other authorization to rehabilitate wildlife was denied, suspended, revoked, or expired in the 10 years preceding the effective date of this act may apply to the board for immediate consideration for issuance of an apprentice license or wildlife rehabilitation license, as applicable pursuant to this act, and may be immediately issued an apprentice license or wildlife rehabilitation license, as applicable, at the board’s discretion.

6. a. A person issued a wildlife rehabilitator permit by the department on or before the effective date of this act shall be deemed to be licensed as a wildlife rehabilitator for up to two years after the effective date of this act. Thereafter, the person shall apply to the department for a wildlife rehabilitation license renewal pursuant to this act.

b. A person performing wildlife rehabilitation as an apprentice on or before the effective date of this act shall be deemed to be an apprentice for up to two years after the effective date of this act. Thereafter, the person shall apply to the department for an apprentice license renewal pursuant to this act.

7. a. An applicant shall be eligible to be issued an apprentice license by the department provided that the applicant:

(1) is 18 years of age or older;

(2) has not been found in violation of any law, rule, or regulation concerning animal cruelty, or this act or any rule or regulation adopted pursuant thereto; and

(3) has fulfilled the other requirements for an apprentice license, as set forth in this section.

b. In order for an applicant to apply for an apprentice license, a licensed wildlife rehabilitator shall nominate an applicant to assist the wildlife rehabilitator. The wildlife rehabilitator may be assisted by the apprentice, shall provide training to the apprentice, and shall be responsible for the proper performance of the duties of the apprentice. The wildlife rehabilitator shall submit a letter to the board and the department affirming and attesting to the wildlife rehabilitator’s intended supervision and training of the apprentice, and provide a copy thereof to the apprentice license applicant.

c. Upon nomination and receipt of a copy of the letter pursuant to subsection b. of this section, the apprentice license applicant shall submit the appropriate form required pursuant to subsection b. of section 5 of this act, with a copy of the letter and any other required documentation, to the board and the department. Upon confirmation of the receipt of the required documentation and the applicant’s eligibility, the board shall recommend to the department issuance of an apprentice license to the applicant, and the department shall issue the license.

d. The applicant shall obtain an apprentice license pursuant to this section prior to assisting the wildlife rehabilitator in any capacity other than that of a volunteer, as set forth in subsection b. of section 10 of this act.

e. To qualify for a wildlife rehabilitation license, an apprentice is required to:

(1) obtain an apprentice license;

(2) serve under the supervision and training of a wildlife rehabilitator for at least one year;

(3) complete at least 100 hours of wildlife rehabilitation with the wildlife rehabilitator; and

(4) obtain written documentation of the required service and hours described in paragraphs (3) and (4) of this subsection, attested to by the wildlife rehabilitator.

f. An apprentice license issued pursuant to this section shall be valid for three years and shall be automatically renewed every three years upon:

(1) submission to the department of a letter from a wildlife rehabilitator licensed pursuant to this act attesting to supervision and training of the apprentice as required pursuant to this section;

(2) submission of an application for an apprentice license renewal, as established by the board and the department; and

(3) verification by the board that the apprentice has not been found in violation of any law, rule, or regulation concerning animal cruelty, or this act or any rule or regulation adopted pursuant thereto.

8. a. Except as otherwise provided in subsection f. of this section, an applicant shall be eligible to be issued a wildlife rehabilitation license provided that the applicant:

(1) is 18 years of age or older;

(2) has not been found in violation of any law, rule, or regulation concerning animal cruelty, or this act or any rule or regulation adopted pursuant thereto;

(3) has served as an apprentice under an apprentice license; and

(4) has fulfilled the other requirements for a wildlife rehabilitation license set forth in this section.

b. Except as provided in subsection f. of this section, prior to applying for a wildlife rehabilitation license pursuant to this act, an applicant shall:

(1) obtain an apprentice license and serve as an apprentice pursuant to the requirements established in section 7 of this act;

(2) obtain and receive a federal rehabilitation permit from the United States Fish and Wildlife Service in the United States Department of the Interior or from the National Marine Fisheries Service in the National Oceanic and Atmospheric Administration, if necessary or applicable;

(3) serve under the supervision and training of a wildlife rehabilitator for at least one year;

(4) complete at least 100 hours of wildlife rehabilitation with the wildlife rehabilitator; and

(5) obtain written documentation of the required service and hours described in paragraphs (3) and (4) of this subsection, attested to by the wildlife rehabilitator.

c. A wildlife rehabilitation license applicant shall submit the form provided pursuant to subsection b. of section 5 with any documentation obtained pursuant to subsection b. of this section, required for establishing the list of species pursuant to subsection d. of this section, or otherwise required by the board or the department. Upon confirmation of the receipt of the required documentation and the applicant’s eligibility, the board shall recommend to the department issuance of a wildlife rehabilitation license to the applicant, and the department shall issue the license.

d. A wildlife rehabilitation license issued pursuant to this act shall list the species that the wildlife rehabilitator is authorized to handle. Prior to the issuance of a wildlife rehabilitation license, the department shall establish the list of species that the license applicant is authorized to handle, and shall submit the license application, species list, and applicant information, including documentation of the requirements set forth in subsection b. of this section, to the Wildlife Rehabilitation Board for review and approval. If no action is taken by the board within 60 days after the submittal of these materials by the department, the department shall determine that the license application and species list are approved and shall issue the wildlife rehabilitation license to the applicant, authorizing the wildlife rehabilitator to handle the species on the list. Within the 60 days, the board may act by revising or requiring additional information of the applicant or the department before approving the applicant’s species list.

e. To maintain the validity of the wildlife rehabilitation license, a wildlife rehabilitator shall keep a record of any wild animal that is a rabies vector species accepted for rehabilitation, in addition to any records, tallies or logs or other information required pursuant to a federal rehabilitation permit. The record shall include information concerning: (1) the date the wild animal was received; (2) the name, address, and phone number of the person the wild animal was received from, if applicable; (3) the species; (4) the reason for admittance, including the type of injury or illness, if applicable; and (5) the status and final disposition report, including the location of release or relocation, or transfer. The wildlife rehabilitator shall maintain an initial exam record and a medical sheet for each wild animal. The department may require additional information related to rabies vector species, such as a rabies vector species log or tally.

f. A person with significant experience related to animal biology, health, safety, or welfare, including a full-time, part-time, retired, or out-of-State veterinarian, veterinary technician, wildlife rehabilitator, zoologist, or other animal specialist, may apply for a wildlife rehabilitation license in this State by:

(1) demonstrating, to the satisfaction of the Wildlife Rehabilitation Board, that the person has relevant and necessary experience related to wildlife rehabilitation, and by providing any documentation related thereto; and

(2) completing at least 10 hours of wildlife rehabilitation or more, as determined by the board, with a wildlife rehabilitator licensed pursuant to this act, to be documented and attested to by the wildlife rehabilitator.

g. A wildlife rehabilitation license issued pursuant to this act shall be valid for three years and shall be automatically renewed every three years upon:

(1) fulfillment by the wildlife rehabilitator of continuing education requirements and documentation thereof, as provided pursuant to section 9 of this act;

(2) submission of an application form for license renewal required pursuant to subsection b. of section 5 of this act;

(3) submission of records for any wild animal that is a rabies vector species accepted for rehabilitation, pursuant to subsection e. of this section; and

(4) verification by the board that the wildlife rehabilitator has not been found in violation of any law, rule, or regulation concerning animal cruelty, or this act or any rule or regulation adopted pursuant thereto.

9. a. The Wildlife Rehabilitation Board, in consultation with the Department of Environmental Protection, shall establish continuing education requirements for a wildlife rehabilitator. A wildlife rehabilitator shall fulfill specific criteria, as set forth pursuant to this section, prior to renewal of a wildlife rehabilitation license issued pursuant to this act.

b. A wildlife rehabilitator shall complete at least 12 hours of instruction in each three-year license cycle.

c. Upon fulfillment of the continuing education requirements, a wildlife rehabilitator shall provide verification to the board and the department that the continuing education coursework is complete. The board shall accept any certificate of completion issued by a college or other education provider for the purposes of renewing a license issued pursuant to section 9 of this act. If such a certificate is not provided, the board may specify other documentation that is acceptable for the verification required pursuant to this section.

10. a. In pursuing the amount of hours of wildlife rehabilitation required for a license or a permit pursuant to this act, an applicant may complete a basic training course for wildlife rehabilitation. A basic training course may be substituted for no more than 40 hours of the minimum hours required pursuant to this act, as applicable, and which shall be determined by the board on a case-by-case basis.

b. A person who has not been issued a wildlife rehabilitation license or apprentice license may volunteer to assist a wildlife rehabilitator if the person is under the direct supervision of the wildlife rehabilitator. If a volunteer subsequently applies for an apprentice license, the volunteer may be credited up to 10 hours towards the minimum amount of hours of wildlife rehabilitation required pursuant to this act, subject to the discretion of the board and with the recommendation from the supervising wildlife rehabilitator.

11. a. The department may recommend to the board that the license of a wildlife rehabilitator or an apprentice be suspended or revoked pursuant to the provisions of this section. The board shall determine if a license shall be suspended or revoked.

b. Whenever, on the basis of available information, the department finds that a wildlife rehabilitator or an apprentice is in violation of this act, or any rule or regulation adopted pursuant thereto, or knowingly has made any false statement, representation, or certification in any documents or information required to be submitted to the department, the department may recommend to the board that the license of the wildlife rehabilitator or apprentice, or the renewal thereof, be denied, suspended, or revoked.

c. (1) The board is authorized to deny, suspend, or revoke a license of a wildlife rehabilitator or an apprentice after receipt of any recommendations from the department and after a hearing, pursuant to the process set forth in this section.

(2) Upon determination by the board that an applicant is not qualified or is ineligible to become licensed or have a license renewed, the board shall provide to the applicant a written statement setting forth the reasons for the denial of the license.

(3) Upon determination by the board that a license shall be suspended or revoked, the board shall provide to the wildlife rehabilitator or apprentice a written statement setting forth the reasons for the suspension or revocation.

(4) The written statement, which shall be provided to the applicant, wildlife rehabilitator, or apprentice by certified mail or personal service, shall: (a) identify the statutory or regulatory basis of the violation; (b) identify the specific act or omission constituting the violation; and (c) affirm the right of the violator to a hearing on any matter contained in the notice and the procedures for requesting a hearing, pursuant to subsection d. of this section.

d. Upon determination by the board that an applicant shall be denied a license or that a wildlife rehabilitation license or an apprentice license shall be suspended or revoked, an applicant, wildlife rehabilitator, or apprentice may, within 30 days after the date of receipt of the written statement, request a hearing for a review of the determination. The board shall grant a hearing to the applicant, wildlife rehabilitator or apprentice within 30 days after receipt of the request for a hearing.

After a hearing and upon finding that a violation has occurred and the denial, suspension or revocation is justified, the board shall issue a final order denying, suspending, or revoking the license. If a violator does not request a hearing pursuant to this subsection, or fails to satisfy the requirements for requesting a hearing, the notice of intent to deny, suspend, or revoke the license shall become final after the expiration of the 30-day period, and the license shall be denied, suspended or revoked, as applicable.

e. Upon a recommendation of the department that the conduct of the wildlife rehabilitator or apprentice is so egregious as to pose an imminent threat to public health or safety or to the health or safety of the animals if the wildlife rehabilitator or apprentice is allowed to continue conducting wildlife rehabilitation activities or otherwise caring for the animals pending a hearing on a revocation of the license, the board may suspend the license prior to the outcome of the hearing and relocate the animals to a secure and appropriate wildlife rehabilitation facility if appropriate, pending the hearing and final determination concerning the license.

f. Any order issued by the board suspending or revoking a license shall provide for the obligations of a wildlife rehabilitator regarding the disposition of any wildlife in the possession of the wildlife rehabilitator and the maintenance and preservation of records regarding the wildlife rehabilitation activities.

g. A wildlife rehabilitator wishing to retain a license, prior to suspension or revocation, shall allow an inspector, authorized by the board pursuant to subsection b. of section 13 of this act, to inspect, at a reasonable time, the wildlife rehabilitation facility in which the wildlife rehabilitator performs wildlife rehabilitation and any wild animal therein, to determine compliance with license and inspection requirements as set forth by the board.

h. At the discretion of the board, a wildlife rehabilitator or an apprentice may not apply for a new license for up to two years following the date of revocation of a license by the board if the violation is of a severe nature. At the conclusion of the license revocation period, the formerly licensed wildlife rehabilitator or apprentice shall follow the application procedures for licensure in accordance with this act.

i. Upon the second revocation of a license, a wildlife rehabilitator or an apprentice shall be permanently prohibited from holding a wildlife rehabilitation license or apprentice license in the State.

12. a. The department, in collaboration with the Wildlife Rehabilitation Board established pursuant to section 4 of this act, shall establish a permit for the possession of permanently injured wildlife or endangered or threatened permanently injured wildlife species. There shall be no application or renewal fee for the permit. No wildlife rehabilitator may possess permanently injured wildlife or endangered or threatened permanently injured wildlife species without the permit established pursuant to this section, and no wildlife rehabilitator may be issued a permit pursuant to this section unless the wildlife rehabilitator has a valid wildlife rehabilitation license.

b. Prior to applying for the permit established pursuant to this section, a wildlife rehabilitator shall:

(1) obtain any necessary federal permit therefor from the United States Fish and Wildlife Service in the United States Department of the Interior or the National Marine Fisheries Service in the National Oceanic and Atmospheric Administration, if appropriate or applicable;

(2) establish an agreement in writing with a nearby veterinarian for consultation or services for the wildlife in the care of the wildlife rehabilitator;

(3) allow and provide for an inspector, authorized by the board pursuant to section 13 of this act, to inspect the rehabilitation facility to determine if it is suitable for the intended species.

c. For the purposes of the inspection required pursuant to paragraph (3) of subsection b. of this section, the wildlife rehabilitator shall demonstrate to the satisfaction of the inspector that the security of the housing, caging and other containment areas of the facility, as applicable, sufficiently protects the animal and the public. The inspector shall verify the facilities are constructed to prevent: (1) possible escape of the animal; and (2) public access to the animal, except for those animals that are used for educational purposes.

d. Upon completion of the inspection, the inspector shall provide the wildlife rehabilitator with documentation of the inspection and its outcome. After the initial inspection for the permit application, the inspector may inspect the facility once each year thereafter.

e. A wildlife rehabilitator shall provide the board and the department with the documentation obtained pursuant to subsections b. and d. of this section and shall submit to the board the proposal required pursuant to subsection f. of this section. After the board receives the proposal, the board shall determine the eligibility of the wildlife rehabilitator for the permit and shall notify the department of its determination. The department shall issue a permit to the wildlife rehabilitator upon a satisfactory determination by the board, or shall deny the permit if the board determines the permit applicant to be unsatisfactory.

f. The board shall require a wildlife rehabilitator, as part of the application for the permit established pursuant to this section, to submit to the board a detailed written proposal, including the results of the inspection conducted pursuant to subsections b., c., and d. of this section. As part of the proposal, the board may request that the wildlife rehabilitator submit information detailing the wildlife rehabilitator’s relevant education, experience, research, publications, funding, equipment and any other information, to demonstrate to the satisfaction of the board that the wildlife rehabilitator has the knowledge and expertise in handling and caring for the specific species, and that it is reasonably probable that the wildlife rehabilitator will accept guidance from the board to improve upon that expertise.

g. In order to retain a permit issued pursuant to this section, a wildlife rehabilitator shall submit to the board a report on the disposition of each animal processed pursuant to the permit, no later than 180 days after the date of issuance of the permit for the first year, and biennially on the date of issuance of the initial permit thereafter.

h. Upon determination by the board that the wildlife rehabilitator has failed to comply with the conditions set forth in this section, the board shall suspend or revoke the permit and immediately seize the animal and place it under the care of another wildlife rehabilitator, pending permanent forfeiture of the animal and any other animals from the possession of the wildlife rehabilitator by the board and at the wildlife rehabilitator’s expense.

i. The wildlife rehabilitator shall, in writing at the time of application, release the board, the department, any sponsoring organization, or any professional monitoring the wildlife rehabilitator’s work from liability for any damages arising from the suspension or revocation of a permit issued by the department pursuant to this section. Upon the suspension, revocation, or expiration of the permit, the wildlife rehabilitator shall be solely responsible for all costs of maintaining and relocating, at the discretion of the board, all the animals possessed under the permit.

j. If the wildlife rehabilitation license or license renewal of a wildlife rehabilitator is denied, suspended, or revoked, then the permit issued pursuant to this section shall be correspondingly and automatically denied, suspended, or revoked.

13. a. The Wildlife Rehabilitation Board shall develop wildlife rehabilitation facility inspection requirements for any size facility, including home-based facilities and facilities specializing in a particular species, and shall use the National Wildlife Rehabilitators Association guidelines as the basis therefor. The requirements shall include inspection of the space, and cage if applicable, for an animal, and the capacity of the facility for rehabilitating multiple animals.

b. The board shall establish requirements for any person authorized to conduct inspections of wildlife rehabilitation facilities. Each inspector shall serve at the discretion of the board.

c. Each wildlife rehabilitation facility shall be inspected twice during a three-year period, in conjunction with the three-year period of the license of the wildlife rehabilitator, except as provided pursuant to subsection g. of section 11 of this act, section 12 of this act, and subsection g. of this section. An inspector shall only inspect areas where animals are present, are expected to be present, or are reasonably presumed to be present based on evidence discovered at the facility.

d. At the time of an inspection, the inspector shall provide a copy of the inspection documentation to the wildlife rehabilitator. The inspection documentation shall include space for the inspector to remark on any deficiencies found and what corrective actions are required. The inspector shall submit the inspection documentation to the board within three days after the date of inspection.

e. Upon failure to satisfactorily fulfill inspection requirements, and within 15 days after the date of inspection, a wildlife rehabilitator shall submit a letter to the board indicating the wildlife rehabilitator’s response to any inspection violation, an explanation of the facility conditions cited in the inspection documentation, and the intended corrective action to be taken by the wildlife rehabilitator.

f. All reasonable corrective action, as determined by the board, shall be completed by a wildlife rehabilitator within 30 days after the board’s receipt of a letter submitted pursuant to subsection e. of this section, except as agreed to otherwise by the board. The board may agree to the completion of the corrective action after the 30 days if the wildlife rehabilitator provides proper documentation indicating that the corrective action will be completed and submits it to the board within the 30 days, including a contractor quote for cost and timeframe of completion of the work necessary to meet the inspection requirement if applicable.

g. A wildlife rehabilitator shall notify the board after completion of all corrective action. Within 30 days after the board’s receipt of this notification, an authorized inspector shall re-inspect the wildlife rehabilitation facility to ensure completion of the corrective action for the original violations only.

h. When an inspector attempts an inspection of a wildlife rehabilitation facility and no person is present to grant access, the inspector shall post a notice on an entrance to the facility demanding access within three days. Failure to permit an inspection within three days, as indicated in the posted notice, shall constitute a refusal of entry for purposes of this section, unless there are no animals at the facility, or the wildlife rehabilitator and the inspector who posted the notice agree within the three days indicated in the posted notice to permit an inspection at a time agreed to by both parties.

i. A violation of this section may be used by the board to determine if denial of a license renewal or suspension or revocation of a license, pursuant to section 11 of this act, is appropriate.

j. A wildlife rehabilitator may report a complaint about an inspector or an inspection to the board. Within 30 days after receipt of a complaint, the board may conduct a hearing to review the complaint. After a hearing and upon a finding that an inspector has not performed an inspection in a professional manner, or has violated any provision of this section, the board may suspend or remove the inspector, or determine that the inspector shall remain authorized to perform inspections pursuant to this section.

14. No animal may be seized or destroyed under any circumstances, unless the Wildlife Rehabilitation Board, established pursuant to section 4 of this act, specifically orders and directs the seizure or the destruction of the animal.

15. a. A wildlife rehabilitator may release an animal within 10 miles of where the animal was found, and may release an animal at a State park or forest, with the approval of the Division of Parks and Forestry in the Department of Environmental Protection, or in a wildlife management area if the animal was originally found near or in the park, forest, or wildlife management area.

b. A wildlife rehabilitator may recommend placement of a non-releasable animal to a zoo and, upon approval by the board in consultation with the zoo, may place the animal at the zoo.

16. a. A wildlife rehabilitator shall be allowed to care for an injured, orphaned, or sick wild animal outside of the scope of the species authorized under the license pursuant to subsection d. of section 8 of this act or the permit required pursuant to section 12 of this act, if:

(1) no other wildlife rehabilitator is available and able to care for the injured, orphaned, or sick wild animal at the time it is discovered;

(2) no other wildlife rehabilitator in the State has been issued a license which includes such species;

(3) the nearest wildlife rehabilitator with a license to care for that species of wild animal is located more than 25 miles away; or

(4) the transportation of the wild animal to another wildlife rehabilitator would jeopardize the health, safety, or general wellbeing of the wild animal at that time.

b. For any injured, orphaned, or sick wild animal being temporarily cared for by a wildlife rehabilitator pursuant to subsection a. of this section, the wild animal shall be transferred to a wildlife rehabilitator with a license to care for that species within a reasonable and practicable period of time, but no longer than 30 days, except if the board determines that transferring the wild animal within that timeframe would be impracticable or unfeasible.

c. The Wildlife Rehabilitation Board, established pursuant to section 4 of this act, shall review the reporting requirements for licensed veterinarians and may make recommendations to the State Board of Veterinary Medical Examiners for revision of the requirements concerning injured or orphaned wildlife, as deemed necessary by the board.

d. Notwithstanding any other provision of law, or rules or regulations adopted pursuant thereto to the contrary, a licensed veterinarian may possess and hold a wild animal for as long as the licensed veterinarian determines necessary for the animal’s proper care and treatment.

17. Notwithstanding the provisions of any law, or rule or regulation adopted pursuant thereto, to the contrary, any person, who in good faith renders emergency care to an animal at the scene of a natural accident or emergency, or while transporting an animal to a veterinary hospital or other facility where treatment or care is to be rendered, shall not be liable for any civil damages as a result of any acts or omissions by the person rendering the emergency care, so long as the person contacts a wildlife rehabilitator or licensed veterinarian as soon as possible and the animal is transported within 48 hours to a wildlife rehabilitator or licensed veterinarian. This section shall apply to, but shall not necessarily be limited to, a volunteer member of an animal rescue organization or shelter or a person licensed to practice any method of treatment of animal ailments, disease, pain, injury, deformity, or mental or physical condition, or licensed to render services ancillary thereto.

18. The Department of Environmental Protection shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as recommended by the Wildlife Rehabilitation Board, as necessary for the implementation and administration of this act.

19. Section 4 of this act shall take effect immediately and the remainder of 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 require the Department of Environmental Protection (DEP) to establish a licensing program and requirements for wildlife rehabilitators, including an apprenticeship requirement and licensing requirements for apprentices. Each wildlife rehabilitation license would list the species that the licensee is authorized to handle. The bill also directs the DEP, in consultation with the Wildlife Rehabilitation Board established under section 4 of the bill, to establish a permit for the possession of permanently injured wildlife and permanently injured endangered or threatened wildlife species, in addition to the wildlife rehabilitation license.

The bill establishes the Wildlife Rehabilitation Board in, but not of, the Department of Environmental Protection. The board would be distinct and separate from the Division of Fish and Wildlife, with full authority and responsibility for:

1) providing professional oversight for the wildlife rehabilitation license and apprentice license established and authorized pursuant to this act;

2) establishing and implementing inspection requirements;

3) developing continuing education programs for wildlife rehabilitators;

4) reviewing, and revising as necessary, applicant species lists submitted by the department and established in conjunction with a wildlife rehabilitation license application;

5) determining if a license shall be denied, modified, suspended or revoked, or if a person may apply to become licensed without serving as an apprentice as provided pursuant to subsection f. of section 8 of this substitute; and

6) reviewing, prior to any seizure or destruction of any animal, any seizure of animals or order for the destruction thereof, and validating or vacating any order for the destruction of animals.

The board would consist of 10 members, nine of whom would be voting members and State residents, to be selected within 120 days after the enactment date of the bill and qualified as specified in section 4 of the bill.

The bill specifically prohibits any animal from being seized or destroyed under any circumstances, unless the Wildlife Rehabilitation Board specifically orders and directs the seizure or the destruction of the animal. The bill also prohibits any license or permit established under the bill from being denied, suspended or revoked without the board’s specific recommendation and direction to do so. Finally, the bill provides for the application and issuance process for the apprentice and wildlife rehabilitation licenses and permit for permanently injured endangered species and wildlife, and establishes requirements and restrictions concerning inspections of wildlife rehabilitation facilities.