A3813

An Act transferring the Division of Fish and Wildlife and other related entities from the Department of Environmental Protection to the Department of Agriculture, and supplementing Title 4 of the Revised Statutes.

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

1. The Legislature find and declares that agriculture plays an integral role in the prosperity and well-being of the State and the use of the State natural resources to provide food and recreation to its residents and visitors alike; that New Jersey is blessed with an abundance of these rich natural resources, including fish, wildlife, and the habitat in which they flourish; that the protection and proper management of these resources and habitat is an essential governmental function which will help ensure that these resources will be enjoyed by future generations; that the management of these resources may be better served by the Department of Agriculture and the Department of Environmental Protection would be able to focus more efficiently on its other responsibilities.

The Legislature therefore determines it is in the best interest of the State and the preservation of these resources to transfer the Division of Fish and Wildlife and related entities from the Department of Environmental Protection to the Department of Agriculture.

2. The Division of Fish and Wildlife in the Department of Environmental Protection, together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Division of Fish and Wildlife in the Department of Agriculture. Whenever in any law, rule, regulation, or order the term Division of Fish and Wildlife in the Department of Environmental Protection is used, the term shall mean the Division of Fish and Wildlife in the Department of Agriculture. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the division, that review, control, or power shall be exercised by the Department of Agriculture, or the secretary thereof.

3. The Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection, established pursuant to section 26 of P.L.1948, c.448 (C.13:1B-24), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Fish and Game Council in the Division of Fish and Wildlife in the Department of Agriculture. Whenever in any law, rule, regulation, or order the term Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection is used, the term shall mean the Fish and Game Council in the Division of Fish and Wildlife in the Department of Agriculture.

4. The Marine Fisheries Council in the Department of Environmental Protection, created pursuant to section 4 of P.L.1979, c.199 (C.23:2B-4), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Marine Fisheries Council in the Department of Agriculture. Whenever in any law, rule, regulation, or order the term Marine Fisheries Council in the Department of Environmental Protection is used, the term shall mean the Marine Fisheries Council in the Department of Agriculture. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Agriculture, or the secretary thereof.

5. The Shellfisheries Council in the Department of Environmental Protection, established pursuant to R.S.50:1-18, together with all its functions, powers, duties, subdivisions, and other entities, including the Atlantic Coast Section and the Delaware Bay Section of the council, is continued as the Shellfisheries Council in the Department of Agriculture. Whenever in any law, rule, regulation, or order the term Shellfisheries Council in the Department of Environmental Protection is used, the term shall mean the Shellfisheries Council in the Department of Agriculture. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Agriculture, or the secretary thereof.

6. The New Jersey Migratory Waterfowl Advisory Committee in the Division of Fish and Wildlife in the Department of Environmental Protection, established pursuant to section 7 of P.L.1983, c.504 (C.23:3-81), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the New Jersey Migratory Waterfowl Advisory Committee in the Division of Fish and Wildlife in the Department of Agriculture. Whenever in any law, rule, regulation, or order the term New Jersey Migratory Waterfowl Advisory Committee in the Division of Fish and Wildlife in the Department of Environmental Protection is used, the term shall mean the New Jersey Migratory Waterfowl Advisory Committee in the Division of Fish and Wildlife in the Department of Agriculture. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the committee, that review, control, or power shall be exercised by the Department of Agriculture, or the secretary thereof.

7. The transfers provided for pursuant to this act shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). All records, equipment and other personal property, appropriations, and any unexpended balances of funds appropriated or otherwise available to the division or other transferred entity, shall be transferred to the Department of Agriculture pursuant to the "State Agency Transfer Act."

8. This act shall take effect immediately.

STATEMENT

This bill transfers from the Department of Environmental Protection to the Department of Agriculture:

1) the Division of Fish and Wildlife;

2) the Fish and Game Council in the Division of Fish and Wildlife;

3) the Marine Fisheries Council;

4) the Shellfisheries Council; and

5) the New Jersey Migratory Waterfowl Advisory Committee in the Division of Fish and Wildlife.