SENATE, No. 3061

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED SEPTEMBER 22, 2011

 


 

Sponsored by:

Senator  RAYMOND J. LESNIAK

District 20 (Union)

 

Co-Sponsored by:

Senators Codey and Van Drew

 

 

 

 

SYNOPSIS

     Imposes certain registration and reporting requirements to prevent illegal trade of tigers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning tigers, supplementing Title 23 of the Revised Statutes, and amending P.L.1979, c.304. 

 

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

 

     1.    (New section)  As used in this act:

     “Application” means an application submitted to the department for a certificate of registration for a tiger.

     “Commissioner” means the Commissioner of Environmental Protection.

     “Department” means the Department of Environmental Protection.

     “Initial Application” means an application regarding a tiger for which no previous certificate of registration has been issued, or an application regarding a tiger for which a previous certificate of registration has been issued to a previous owner, but not to the current applicant.

     “Qualified disposal agent” means a licensed veterinarian or other person authorized by the department to dispose of a dead tiger, but shall not include any person who owns or possesses a tiger in, or outside of, this State.

     “Tiger” means an animal of the species Panthera tigris or any subspecies thereof.

 

     2.    (New section)  a.  A person who owns a tiger kept in this State shall apply for a certificate of registration by filing an application with the department, on a form prescribed by the department, which shall include: 

     (1)   the name, address, and telephone number of the owner of the tiger;

     (2)   the address and exact location where the tiger will be kept;

     (3)   the birth date, weight, and sex of the tiger;

     (4)   a description of any distinguishing marks and a digital color photograph of the tiger;

     (5)   a hair sample from the tiger sufficient to meet any future need for DNA analysis of the tiger; and

     (6)   any other information the department may require.

     b.    Upon review and approval of the owner’s application, the department shall issue a certificate of registration, which shall pertain only to one individual tiger, and which shall include thereon, in addition to the information required of an applicant pursuant to subsection a. of this section, a unique identification number assigned solely and specifically by the department to the individual tiger.  The unique identification number assigned to a tiger shall not change at any time during the tiger’s lifetime or at any time after the tiger’s death, notwithstanding any change in ownership or relocation of the tiger, or any other circumstance.

     c.     (1) No person may possess a tiger in this State unless the person holds a valid certificate of registration issued by the department.  A person possessing more than one tiger in this State shall hold a separate and distinct certificate of registration for each tiger.

     (2)   A person who possesses a tiger, for which an initial application for a certificate of registration is pending with the department, shall be exempt from the requirements of paragraph (1) of this subsection until the issuance or denial of a certificate of registration.

     d.    The commissioner may, by rule or regulation, adopted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), establish a schedule by which an owner of a tiger shall be required to periodically renew a certificate of registration, and in connection therewith, the commissioner may require the renewal applicant to resubmit any or all of the information and materials required of an owner of a tiger under subsection a. of this section.

 

     3.    (New section)  a.  Within 10 days of receiving a certificate of registration issued by the department pursuant to section 2 of this act, a person who possesses a tiger in this State shall have implanted in the tiger, by or under the supervision of a licensed veterinarian, a subcutaneous microchip containing the following information:

     (1)   a unique identification number issued pursuant to section 2 of this act;

     (2)   the name, address, and telephone number of the owner of the tiger;

     (3)   the address and exact location where the tiger is kept;

     (4)   the birth date, weight, and sex of the tiger; and

     (5)   any other information the department may require.

     b.    A person shall not remove a subcutaneous microchip from a tiger, whether living or deceased, without express authorization from the department or as provided pursuant to subsection c. of section 7 of this act; provided, however, a subcutaneous microchip may be temporarily removed, or replaced, by or under the supervision of a licensed veterinarian for the purpose of updating information on the subcutaneous microchip if necessary for compliance with this act or any rules or regulations adopted pursuant thereto.

 

     4.    (New section)  A person owning or possessing a newborn tiger shall be exempt from the requirements of section 2 of this act, as those requirements apply to the newborn tiger, for the first 10 days immediately following the birth of the newborn tiger. 

 

     5.    (New section)  a.  The commissioner shall establish a tiger registration and accounting system through which the following records shall be kept for each tiger in the State:

     (1)   a unique identification number issued pursuant to section 2 of this act;

     (2)   the name, address, and telephone number of the owner of the tiger;

     (3)   the address and exact location where the tiger is kept;

     (4)   the birth date, weight, and sex of the tiger;

     (5)   a description of any distinguishing marks and a digital color photograph of the tiger;

     (6)   a hair sample from the tiger sufficient to meet any future need for DNA analysis of the tiger;

     (7)   the date of death of the tiger, when applicable;

     (8)   the sworn affidavits submitted to the department upon the death of a tiger pursuant to section 7 of this act, when applicable; and

     (9)   any other information, data, or documentation the commissioner may deem necessary in order to maintain a comprehensive accounting system.

     b.    The commissioner shall monitor and periodically update records in the tiger registration and accounting system in a manner sufficient to ensure that tigers in this State, whether living or deceased, are not in any way used for the illegal trade of tigers or tiger parts.

 

     6.    (New section)  a. The owner of a tiger shall notify the department in writing no less than 10 days prior to the permanent or extended relocation of the tiger or change in ownership of the tiger.  The written notification shall include:

     (1)   the name, address, and telephone number of the person to whom ownership of the tiger will be transferred, if there is to be a change in ownership;

     (2)   the new address and exact location where the tiger will be kept, if there is to be a permanent or extended relocation; and

     (3)   any other information the department may require by rule or regulation.

     b.    Upon the lawful change in ownership of a tiger in this State, the new owner shall immediately submit an initial application for a certificate of registration pursuant to section 2 of this act.

     c.     Upon the lawful permanent or extended relocation of a tiger for which there is no change in ownership, the department shall issue a new certificate of registration reflecting the relocation of the tiger.

     d.    Upon the issuance of a new certificate of registration for a tiger, or the change in ownership of a tiger, any preexisting certificate of registration for that tiger shall permanently expire. 

 

     7.    (New section)  a.  Except as provided in subsection b. of this section, a person shall not dispose of a deceased tiger, or otherwise in any manner relinquish possession of a deceased tiger, or any part thereof, without the express authorization of the department.

     b.    Upon the death of a tiger, the owner of the tiger shall within five days:

     (1)   submit the remains of the tiger to a qualified disposal agent for removal of the subcutaneous microchip and permanent disposal of the tiger and all of its constituent parts in a manner prescribed by the department; and

     (2)   provide the department with a sworn affidavit which shall include the time of death, cause of death, the tiger’s unique identification number, the name, address, and telephone number of the qualified disposal agent, and a statement affirming that the tiger and all of its constituent parts have been disposed of in a manner prescribed by the department.

     c.     A qualified disposal agent who disposes of a tiger shall extract the subcutaneous microchip from the tiger at the time of disposal and shall, no later than 10 days after conducting the disposal, deliver to the department:

     (1)   the subcutaneous microchip; and

     (2)   a sworn affidavit which shall include the exact method of disposal utilized, the name and address of the facility at which the disposal took place, the date of the disposal, and a statement affirming that the tiger and all of its constituent parts have been disposed of in a manner prescribed by the department. 

     d.    The commissioner shall prescribe, by rule or regulation, acceptable methods of disposal of a tiger that will ensure the tiger is not in any way used for the illegal trade of tigers or tiger parts. 

 

     8.    (New section)  A person who possesses a living or deceased tiger in this State, whether as an owner, qualified disposal agent, caretaker, or otherwise, shall, upon the presentation of official credentials by any department employee or other duly authorized representative of the commissioner, present the representative with a valid certificate of registration and allow the representative to enter the premises where the tiger is kept, examine the tiger, take biological samples from the tiger, and take any other action necessary to ensure full compliance with this act. 

 

     9.    (New section)  The requirements and provisions of this act, or any rule or regulation adopted pursuant thereto, shall be in addition to those concerning the procurement, possession, permitting, treatment, or release of tigers, as may be established by any other law or any permit issued or rule or regulation adopted pursuant thereto, including but not limited to “The Endangered and Nongame Species Conservation Act,” P.L.1973, c.309 (C.23:2A-1 et seq.), or P.L.1962, c.127 (C.23:4-63.3 et seq.).

 

     10.  (New section)  a.  The department shall adopt a penalty schedule for specific violations of the provisions of this act or any rule or regulation adopted pursuant thereto. Penalties shall be set between a minimum of $100 to a maximum of $3,000 per violation. 

     b.    Penalties shall be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-12 et seq.). The Superior Court or any municipal court where the defendant may reside, or where the violation was detected, or where the defendant was apprehended shall have jurisdiction to enforce this act and any regulations adopted thereunder.

     c.     The department may bring an administrative action before an administrative law judge to enforce the provisions of this act or any rule or regulation adopted pursuant thereto. Any final determination and penalty assessment by an administrative law judge may be enforced in the Superior Court in an action brought for that purpose by the Attorney General on behalf of the department.

     d.    Any violation of the provisions of this act or any rule or regulation adopted pursuant thereto may be restrained by the Superior Court in an action brought for that purpose by the Attorney General on behalf of the department. 

 

     11.  Section 2 of P.L.1979, c.304 (C.23:4-63.7) is amended to read as follows: 

     2.    Except as provided in R.S.23:4-23 and section 7 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), nothing contained in the provisions of this Title shall be construed so as to prohibit or limit the disposal, by State or municipal police officers, or by personnel authorized thereby, of any wild bird, animal, fowl, or fur-bearing animal found dead on or along any public highway or on any private property, upon request of the owner thereof.

(cf:  P.L.1979, c.304, s.2)

 

     12.  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 create a tiger registration system to be administered by the Department of Environmental Protection (department) in order to ensure that New Jersey tigers are not entered into the illegal tiger trade.    

     As the Chinese government faces increasing internal pressure to legalize tiger farming, recent reports on the illegal tiger trade indicate that such action could cause a sharp rise in international demand for illegal tiger products and derivatives.  At particular risk of being drawn into the trade are U.S. tigers, which are not sufficiently accounted for, especially with regard to the use of their remains after death.  

     Under current New Jersey law, a person may not possess a tiger without a permit issued by the department.  However, this permitting program is aimed at protecting the animal and preserving public safety, not preventing the illegal use or trade of tiger parts.  The result is that unless a more comprehensive approach to monitoring tigers is implemented, New Jersey tigers are susceptible to being entered into the illegal tiger trade. 

     In light of the need for greater oversight, this bill would establish certain mechanisms and procedures that would enable the department to identify and systematically account for all tigers in the State, whether living or deceased.  Among these measures would be a requirement that tiger owners register their tigers with the department by applying for and obtaining a separate certificate of registration for each tiger.  In addition, owners would be subject to certain reporting requirements if the tiger is permanently relocated or transferred to another owner, or at such time the tiger dies. 

     Similarly, a person or entity possessing a tiger, whether as the tiger’s owner or otherwise, would be required to hold a valid certificate of registration at the premises where the tiger is kept.  Moreover, both the tiger and the certificate would be subject to inspection by the department at all times.  

     In addition, upon the death of a tiger, the owner would be required to submit the remains of the tiger to a “qualified disposal agent,” a term defined in the bill.  Moreover, the department would be charged with prescribing acceptable methods of disposal sufficient to ensure a tiger’s remains do not enter the illegal tiger trade.