ACR164

A Concurrent Resolution concerning the review of certain Fish and Game Council regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

Whereas, The Game Code, adopted by the Fish and Game Council, at N.J.A.C.7:25-5.1 et seq., sets forth the regulations governing hunting and trapping in the State, including season dates, bag limits, and the means by which game and furbearing animals may be taken and possessed; and

Whereas, In 1984, in order to protect animal welfare and prevent cruelty in trapping, P.L.1984, c.37 (C.23:4-22.1 et seq.) was enacted in this State to prohibit the use of animal traps of the steel-jaw leghold type; and

Whereas, A regulation in the Game Code, N.J.A.C.7:25-5.12(g), allows the use of “enclosed foothold traps,” which, despite being defined therein as a live-capture trap with a trigger which is activated by pulling, is, in fact, an animal trap of the steel-jaw leghold type prohibited pursuant to P.L.1984, c.37 (C.23:4-22.1 et seq.) because, when the trap is triggered, a steel jaw clamps the animal’s limb against another steel surface or co-acting jaw, thereby restraining the animal; and

Whereas, Enclosed foothold traps, like other animal traps of the steel-jaw leghold type, trap the limb of an animal with a clamping force that inflicts trauma, restricts blood flow, and results in significant injury to the animal, and therefore are cruel and inhumane; and

Whereas, Many non-target species, such as mink, river otter, and the domestic cat, are equally as dexterous as target species such as raccoon and opossum, and therefore can also be wrongly captured by enclosed foothold traps; and

Whereas, Raccoons, opossums, and other similarly sized species can be caught easily by using cage and box type traps rather than enclosed foothold traps; and

Whereas, The regulation in the Game Code, N.J.A.C.7:25-5.12(g), that allows the use of enclosed foothold traps is inconsistent with the plain language and intent of the Legislature expressed in P.L.1984, c.37 (C.23:4-22.1 et seq.); and

Whereas, Article V, Section IV, paragraph 6 of the New Jersey Constitution provides that upon a finding that an existing or proposed rule or regulation is not consistent with legislative intent, the Legislature shall transmit this finding in the form of a concurrent resolution to the Governor and the head of the Executive Branch agency which promulgated or plans to promulgate, the rule or regulation; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature as expressed in the language of the statute that the rule or regulation is intended to implement.

2. The regulation, N.J.A.C.7:25-5.12(g), adopted by the Fish and Game Council, to allow the use of enclosed foothold traps is contrary to the intent and plain meaning of the provision expressed in P.L.1984, c.37 (C.23:4-22.1 et seq.).

3. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Assembly or the Clerk of the General Assembly to the Governor and Lieutenant Governor of the State of New Jersey, the Chair of the Fish and Game Council, and the Commissioner of Environmental Protection.

4. The Fish and Game Council and the Commissioner of Environmental Protection, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, shall have 30 days following transmittal of this resolution to amend or withdraw the adopted regulation or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulation in whole or in part.

STATEMENT

This concurrent resolution embodies the finding of the Legislature that the regulation adopted by the Fish and Game Council in the Game Code to allow the use of “enclosed foothold traps” is not consistent with the plain language and intent of the Legislature as expressed in P.L.1984, c.37 (C.23:4-22.1 et seq.). An enclosed foothold trap is a type of steel-jaw leghold trap, the use of which has been banned in the State since 1984 because it is cruel and inhumane.

The Fish and Game Council will have 30 days from the date of transmittal of this resolution to amend or withdraw the adopted regulation, or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulation in whole or in part.