S2745

An Act concerning feeding of bears and amending and supplementing P.L.2002, c.97.

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

1. (New section) a. There is established in the Department of Environmental Protection a special, nonlapsing fund to be known as the "Bear Smart Fund." Moneys in the fund shall be held separately and be available solely for the purpose of providing bear-proof garbage cans to New Jersey residents pursuant to the provisions of this section.

b. The "Bear Smart Fund" shall be credited with:

(1) civil penalties collected by the department pursuant to section 1 of P.L.2002, c.97 (C.23:2A-14);

(2) any State or federal funds appropriated or otherwise made available for the purposes of this section; and

(3) any interest earnings or other investment income earned or received on the moneys in the fund.

c. All money appropriated or otherwise made available to the "Bear Smart Fund" shall be dedicated for the purposes of the fund. Pending use, moneys in the fund may be invested and reinvested in the same manner as other moneys of the State in the manner provided by law. All earnings received from the investment or deposit of such moneys shall be paid into and become a part of the fund and be available for use pursuant to this section.

d. The Department of Environmental Protection shall establish a program to purchase and distribute bear-proof garbage cans to New Jersey residents. The department may charge a small fee for a bear-proof garbage can under the program. The department may operate the program in cooperation with municipalities, counties, authorities, or private waste companies to reduce costs and assist with the distribution of bear-proof garbage cans.

e. Under the program, the department shall distribute bear-proof garbage cans in counties with large bear populations, including Sussex, Warren, Morris, and Passaic counties. The department shall prioritize the distribution of bear-proof garbage cans in such a way as to minimize the potential for human-bear conflicts.

f. The department shall utilize funds in the "Bear Smart Fund" established pursuant to subsection a. of this section in order to fund the bear-proof garbage can distribution program.

2. Section 1 of P.L.2002, c.97 (C.23:2A-14) is amended to read as follows:

1. a. No person shall, in an area known to be frequented by bears, and in a manner accessible to bears:

(1) feed, give, place, expose, deposit, distribute , or scatter any food, edible material , or bear attractant [with the intention of feeding, attracting , or enticing a black bear]; or

(2) place or store any food, 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] to:

(1) any person licensed pursuant to law to possess wildlife;

(2) any crop, agricultural product, or animal feed on the premises of any person engaged in agricultural or horticultural activities;

(3) a birdfeeder;

(4) the placement of food at a shelter or pound licensed by the Department of Health or a municipally approved managed cat colony, provided that any uneaten food is removed every night, and provided that, in areas known to be frequented by bears, feeding time is limited to a maximum of two hours daily and feed sites are actively monitored;

(5) the feeding of companion animals, provided that any uneaten food is removed every night;

(6) any action by federal, State, or local authorities that requires feeding, baiting, or luring of wildlife for management or scientific purpose;

(7) any properly licensed person engaged in legal hunting or trapping activities, including baiting, provided that the person uses the correct equipment and hunts, traps, or baits only during the correct time of year for the target species;

(8) the storage of food, pet food, garbage, bird seed, or other bear attractants in an outbuilding, shed, or garage when the door to the outbuilding, shed, or garage is close; and

(9) the placement outdoors of a designated, appropriate garbage receptacle containing garbage, for the purposes of collection and disposal by the applicable local government or agent thereof.

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] A person [who violates] violating the provisions of subsection a. of this section shall be liable to a civil penalty of [up to] not less than $100 nor more than $500 for the first offense, and not less than $300 nor more than $1,000 for the second offense and each subsequent 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] to the "Bear Smart Fund" established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). 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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2002, c.97, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill amends the law concerning the feeding of black bears. Under current law, the prohibition on the feeding of black bears does not apply in the case of an unintentional feeding of a black bear. The bill replaces current definitions of “unintentional feeding” and replaces it with a specific list of activities or actions that are not considered feeding bears. This bill also clarifies that this law prohibits certain actions taken in a manner that may potentially make certain bear attractants accessible to bears. The bill renders this prohibition applicable to any food and includes the placement of food, pet food, garbage, or other bear attractants.

The bill provides that the following activities are not subject to the prohibitions in the bill: (1) any person licensed pursuant to law to possess wildlife; (2) any crop, agricultural product, or animal feed on the premises of any person engaged in agricultural or horticultural activities; (3) a birdfeeder (4) the placement of food at a shelter or pound licensed by the Department of Health or a municipally approved managed cat colony, provided that any uneaten food is removed every night, and provided that, in areas known to be frequented by bears, feeding time is limited to a maximum of two hours daily and feed sites are actively monitored; (5) the feeding of companion animals, provided that any uneaten food is removed every night; (6) any action by federal, State, or local authorities that requires feeding, baiting, or luring of wildlife for management or scientific purpose; (7) any properly licensed person engaged in legal hunting or trapping activities, provided that the person uses the correct equipment and hunts or traps during the correct time of year for the target species; and (8) the storage of food, pet food, garbage, bird seed, or other bear attractants in an outbuilding, shed, or garage when the door to the outbuilding, shed, or garage is closed.

The bill also amends the current law concerning the use of civil penalties recovered for violations. Under current law, a person is liable for up to $1,000 for a violation, provided that the person first has been issued a prior written warning for a violation. The bill removes the requirement for a prior written warning, providing instead for a civil penalty of $100 to $500 for a first violation and for a civil penalty of $300 to $1,000 for the second and each subsequent violation.

This bill also establishes a program in the Department of Environmental Protection for the distribution of bear-proof garbage cans and a permanent fund, the “Bear Smart Fund,” to support the program.