Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Prohibits member of incorporated fish and game protective association or society from enforcing fish and game laws.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the authority of members of fish and game protective associations and game protective societies, and amending R.S.23:10-3 and R.S.23:10-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.23:10-3 is amended to read as follows:
23:10-3. Proceedings for the recovery of penalties for the violation of any provision of [this] Title 23 of the Revised Statutes, [any provision of] any law supplementary thereto, or [any provision of] the State Fish and Game Code shall be brought in the name of the State [,] by a [duly commissioned warden, deputy warden, police officer, constable or a member of any regularly incorporated fish and game protective association, or the fish and game protector] conservation officer, deputy conservation officer, police officer, or other person authorized to make arrests for such violations as prosecutor, and no such proceeding shall be instituted by any other person unless specifically authorized by law.
(cf: P.L.1948, c.448, s.79)
2. R.S.23:10-5 is amended to read as follows:
23:10-5. [Any constable, police officer, fish and game warden, protector,
or deputy warden, or any officer or member of any incorporated game protective
society may, for a violation of any provision of this Title, or any provision
of any law supplementary thereto, or of any provision of the State Fish and
Game Code] A conservation officer, deputy
conservation officer, police officer, or other person authorized to make
arrests for the violation of any provision of Title 23 of the Revised Statutes,
any law supplementary thereto, or the State Fish and Game Code may, for any
such violation committed within the view of [any
such] the officer or person, arrest,
without warrant, the offender and [carry] bring [him] the offender before a court in the county
wherein [such] the
arrest is made. [Any person or persons] A person who shall, by threat, menace or
force, or in any manner, attempt to deter or prevent [any
fish and game warden] a conservation officer,
deputy conservation officer, police officer, or other person authorized to
make such arrests [for violation of the
fish and game laws of this State, or any provision of any law supplementary
thereto, or any provision of the State Fish and Game Code] or who shall resist arrest or the seizure of boats
or nets or other apparatus illegally used, shall be subject to a fine of [one hundred dollars
($100.00)] between $200 and $500 for each
offense .
(cf: P.L.1953, c.23, s.7)
3. This act shall take effect immediately.
STATEMENT
This bill would remove the authority of members of an incorporated fish and game protective association or an incorporated game protective society to enforce the State's fish and game laws and regulations. The bill would also increase the amount of the fine for a violation of the law from the current $100 to between $200 and $500 for each offense.
This bill would thus ensure that only individuals who have appropriate training in law enforcement, natural resource management, environmental enforcement activities, and wildlife sciences would have the power to enforce laws concerning natural resource protection. It is in the best interest of the State that only professionally trained and specialized individuals enforce fish and game laws.