BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
 
     1.  Section 26 of P.L.1948, c.448 (C.13:1B-24) is amended to read as follows:
     26.  There shall be within the [Division of Fish, Game and Wildlife] Department of Environmental Protection, a Fish and Game Council which shall consist of [11] 13 members appointed and qualified as follows:
     a.  the Commissioner of Environmental Protection, ex officio, provided, however, that the commissioner may designate an officer or employee of the department to represent the commissioner at meetings of the council, and the designee may vote and otherwise act on behalf of the commissioner;
     b.  the chairperson, ex officio, of the committee established pursuant to section 7 of "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-7); and
     c.  11 members of the public , each of whom shall be chosen with due regard to [his] the person's knowledge of and interest in the conservation of fish and game.  Each public member of the council shall be appointed by the Governor, with the advice and consent of the Senate [.  Three] :
     (1)  two of [such] the members shall be farmers, recommended to the Governor for appointment to the council by the agricultural convention held pursuant to [the provisions of article 2 of chapter 1 of Title 4 of the Revised Statutes; six] R.S.4:1-5;
     (2)  two of [such] the members shall be sportsmen, recommended to the Governor for appointment to the council by the New Jersey State Federation of Sportsmen's Clubs; [one of such members shall be the chairman of the committee established pursuant to section 7 of the "Endangered and Nongame Species Conservation Act" (P.L.1973, c.309; C.23:2A-7), and one of such members shall be a person knowledgeable in land use management and soil conservation practices]
     (3)  two of the members shall be individuals with experience in environmental protection, recommended to the Governor for appointment to the council by the New Jersey Environmental Federation; and
     (4)  five of the members shall be individuals with experience in environmental protection or other fields relevant to animal welfare and with a background in the preservation of wildlife, recommended to the Governor for appointment to the council by the New Jersey Animal Rights Alliance, The Bear Education and Resource Group, and the Humane Society of the United States, and chosen with due consideration to achieve balanced geographic representation of all regions of the State .
     One of [such] the farmer representatives [and two] , one of [such] the sportsmen representatives [in] , and one of the environmental representatives appointed pursuant to paragraph (3) of this subsection on the council shall be chosen from among residents of any of the following counties--Bergen, Essex, Hudson, Hunterdon, Mercer, Morris, Passaic, Somerset, Sussex , Union and Warren;  and one of [such] the farmer representatives [and two] , one of [such] the sportsmen representatives [in] , and one of the environmental representatives appointed pursuant to paragraph (3) of this subsection on the council shall be chosen from among residents of any of the following counties-- [Hunterdon, Mercer] Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester ,Middlesex, Monmouth, Ocean, [Somerset and Union; and one of such farmer representatives and two of such sportsmen representatives shall be chosen from among residents of any of the following counties--Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester] and Salem.
     Each public member of the council shall be appointed for a term of [4] four years and shall serve at the pleasure of the Governor until [his] a successor has been appointed and has qualified.
(cf:  P.L.1979, c.199, s.72)
 
     2.  Section 28 of P.L.1948, c.448 (C.13:1B-26) is amended to read as follows:
     28.  [Each] The Governor shall designate one of the public members of the council as [chairman] chairperson of [such] the council.  Any member of the council so designated shall serve as [such chairman] the chairperson at the pleasure of the Governor [designating him] and until [his] a successor has been designated. The [chairman] chairperson of the council shall be its presiding officer.
     Any vacancies in the membership of [said] the council occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.  [Any member of the council may be removed from office by the Governor, for cause, upon notice and opportunity to be heard.]
     The members of the council shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.
     No person who has been appointed a member of the council for two successive terms, including an unexpired term, shall again be eligible for that office for four years next following the expiration of [his] the second successive term.
(cf:  P.L.1948, c.448, s.28)
 
     3.  Section 29 of P.L.1948, c.448 (C.13:1B-27) is amended to read as follows:
     29.  The Division of Fish and [Game] Wildlife shall be under the immediate supervision of a director, who shall be a person with special training and experience in [wild life] wildlife management and otherwise qualified to direct the work of [such] the division. The director of [such] the division shall be appointed by the [Fish and Game Council, subject to the approval of the Governor,] Commissioner of Environmental Protection and shall [, unless sooner removed by the Governor as hereinafter provided,] serve at the pleasure of [such council] the commissioner and until the director's successor is appointed [and has qualified] .  [He] The director shall receive such salary as [shall be] provided by law.
     The director shall administer the work of [such] the division under the direction and supervision of the commissioner.
(cf:  P.L.1948, c.448, s.29)
 
     4.  Section 30 of P.L.1948, c.448 (C.13:1B-28) is amended to read as follows:
     30.  In addition to its powers and duties otherwise hereinafter provided, the Fish and Game Council shall, subject to the approval of the commissioner, formulate comprehensive policies for the protection and propagation of fish, birds, and game animals and for the propagation and distribution of food fish and for the keeping up of the supply thereof in the waters of the State.
     The council shall also:
     a.  [Consult] consult with and advise the commissioner and director of the Division of Fish and [Game] Wildlife with respect to the work of [such] the division [.] ;
     b.  [Study] study the activities of the Division of Fish and [Game] Wildlife and hold hearings with respect thereto as it may deem necessary or desirable [.] ;
     c.  create a nonlethal alternatives committee within the council to investigate, recommend and expedite the use of non-lethal alternatives for dealing with wildlife conflicts, develop an integrated and biologically sound approach to white-tailed deer reproductivity and lowering fertility rates, study single-species management and propagation of game species on State and private lands, and promote public outreach and education; and
     [c.  Report] d.  report to the Governor and the Legislature annually, and at such other times as it may deem in the public
interest, with respect to its findings and conclusions.
(cf:  P.L.1948, c.448, s.30)
 
     5.  Section 31 of P.L.1948, c.448 (C.13:1B-29) is amended to read as follows:
     31.  As used in this article, unless otherwise specifically indicated:
     "Division" means the Division of Fish and [Game] Wildlife in the Department of [Conservation and Economic Development.] Environmental Protection;
     "Council" means the Fish and Game Council in the [Division of Fish and Game of the] Department of [Conservation and Economic Development.] Environmental Protection and established pursuant to section 26 of P.L.1948, c.448 (C.13:1B-24); and
     "Code" means the State Fish and Game Code established pursuant to section 32 of P.L.1948, c.448 (C.13:1B-30) .
(cf:  P.L.1948, c.448, s.31)
 
     6.  Section 32 of P.L.1948, c.448 (C.13:1B-30) is amended to read as follows:
     32.  For the purpose of providing an adequate and flexible system of protection, propagation, increase, control and conservation of [fresh water] freshwater fish, game birds, game animals, and fur-bearing animals in this State, [and for their use and development for public recreation and food supply,] the council , subject to the approval of the Commissioner of Environmental Protection, is hereby authorized and empowered to determine under what circumstances, when and in what localities, by what means and in what amounts and numbers such [fresh water] freshwater fish, game birds, game animals, and fur-bearing animals, or any of them, may be pursued, taken, killed, or had in possession so as to maintain an adequate and proper supply thereof, and may, subject to the approval of the Commissioner of Environmental Protection, after first having determined the need for such action on the basis of scientific investigation and research, adopt and from time to time amend and repeal such appropriate and reasonable regulations concerning the same, or any of them, penalties for the violation of which are prescribed by certain of the sections of Title 23 of the Revised Statutes amended herein, as it deems necessary to preserve, properly utilize or maintain the best relative number of any species or variety thereof, at the times, in the manner and to the extent hereinafter provided.  The regulations so established shall be called the State Fish and Game Code.
(cf:  P.L.1948, c.448, s.32)
 
     7.  Section 33 of P.L.1948, c.448 (C.13:1B-31) is amended to read as follows:
     33.  Any regulation of the council or amendment thereto , as approved by the Commissioner of Environmental Protection, adopted pursuant to the provisions of this article which relates to [fresh water] freshwater fish, or any species or variety thereof, after the council has first determined the need for such action on the basis of scientific investigation and research, may apply to all or any portion of the State, [at the discretion of the council,] and may do any or all of the following as to any or all species or varieties of [fresh water] freshwater fish:
     a.  [Establish] establish , extend, shorten or abolish open seasons and closed seasons [.] ;
     b.  [Establish] establish , change or abolish bag limits, possession limits and size limits [.] ;
     c.  [Establish] establish and change territorial limits for the pursuit, taking, or killing of any or all species or varieties [.] ; and
     d.  [Prescribe] prescribe the manner and the means of pursuing, taking, or killing any species or variety.
(cf:  P.L.1948, c.448, s.33)
 
     8.  Section 34 of P.L.1948, c.448 (C.13:1B-32) is amended to read as follows:
     34.  Any regulation of the council or amendment thereto , as approved by the Commissioner of Environmental Protection, adopted pursuant to the provisions of this article which relates to game birds, game animals or fur-bearing animals, after the council has first determined the need for such action on the basis of scientific investigation and research, may apply to all or any part of the State, [at the discretion of the council,] and may do any or all of the following as to any or all species or varieties of game birds, game animals, and fur-bearing animals:
     a.  [Establish] establish, extend, shorten or abolish open seasons and closed seasons [.] ;
     b.  [Establish] establish, change or abolish bag limits and possession limits [.] ;
     c.  [Establish] establish and change territorial limits for the pursuit, taking, or killing of any or all species or varieties [.] ;
     d.  [Prescribe] prescribe the manner and the means of pursuing, taking, or killing any species or variety [.]; and
     e.  [Establish] establish, change or abolish restrictions based upon sex, maturity, or other physical distinction.
(cf:  P.L.1948, c.448, s.34)
 
     9.  Section 35 of P.L.1948, c.448 (C.13:1B-33) is amended to read as follows:
     35.  Prior to final adoption by the council and approval by the Commissioner of Environmental Protection of any regulation authorized to be established pursuant to the provisions of this article, or any amendment thereto or repealer thereof, the council shall hold a public hearing thereon.  Notice of [such] the hearing shall be filed with the [Secretary of State] Office of Administrative Law at least [twenty] 20 days prior to the hearing, and shall be published in the New Jersey Register [if such Register be then required to be published by the Secretary of State], and in [such] any other manner as the council shall determine, not less than [fifteen] 15 days prior to the hearing.  [Such] The notice shall specify the time when and the place where [such] the hearing will be held, together with the text of the proposed regulation, amendment or repealer.
(cf:  P.L.1948, c.448, s.35)
 
     10.  Section 36 of P.L.1948, c.448 (C.13:1B-34) is amended to read as follows:
     36.  If after [such] the hearing required pursuant to section 35 of P.L.1948, c.448 (C.13:1B-33) the council is satisfied that the proposed regulation, amendment or repealer, or any part of such regulation, amendment or repealer, is advisable, it may, subject to the approval of the Commissioner of Environmental Protection, adopt the [same] regulation, amendment or repealer , and if so, it shall state the date on which it takes effect and the council shall cause a true copy of the [same] regulation, amendment or repealer to be filed with the [Secretary of State] Office of Administrative Law.
     Every regulation, amendment or repealer adopted by the council and approved by the Commissioner of Environmental Protection pursuant to the provisions of this article shall become effective at the time specified therein but not sooner than [5] five days after its publication in the New Jersey Register [following such filing, if such register be then required to be published by the Secretary of State; or if such register is not then required to be published by the Secretary of State, then not sooner than 10 days after such filing].
     The council may publish and distribute summaries of [such] its regulations, amendments, and repealers in [such] any manner as it may from time to time determine.
     Copies of the State Fish and Game Code, and its amendments, duly certified by the [chairman] chairperson of the council shall be received in evidence in all court or other judicial proceedings in the State.
     If the Governor [shall find] determines that an emergency exists by reason of unusual snow, flood or other natural disaster, the council may, subject to the approval of the Commissioner of Environmental Protection, amend any regulation establishing open and closed seasons, to extend, shorten or abolish [such] any season, without public hearings, and [such] the amendment may become effective immediately.
     Notwithstanding the provisions of this section to the contrary, the Commissioner of Environmental Protection may suspend any season at any time, without public hearings, if the commissioner determines that it is necessary to do so to protect the species, public safety or the public interest.
(cf:  P.L.1960, c.149, s.1)
 
     11.  Section 37 of P.L.1948, c.448 (C.13:1B-35) is amended to read as follows:
     37.  Any regulation, or amendment thereto, or repealer thereof adopted by the council and approved by the Commissioner of Environmental Protection pursuant to the provisions of this article shall be subject to review on certiorari, or action or proceeding in lieu thereof, to any court of competent jurisdiction.
(cf:  P.L.1948, c.448, s.37)
 
     12.  Section 2 of P.L.1999, c.282 (C.23:2B-15.1) is amended to read as follows:
     2.  a.  The Division of Fish, Game and Wildlife is continued and constituted as the Division of Fish and Wildlife in the Department of Environmental Protection.  All the functions, powers, and duties of the existing Division of Fish, Game and Wildlife and the director thereof are continued in the Division of Fish and Wildlife and the director thereof, and whenever the term "Division of Fish, Game and Wildlife" occurs or any reference is made thereto in any law, contract, or document, it shall be deemed or mean to refer to the Division of Fish and Wildlife.
     b.  The Fish and Game Council, together with all its functions, powers and duties, is continued as the Fish and Game Council in the [Division of Fish and Wildlife in the] Department of Environmental Protection.
(cf:  P.L.1999, c.282, s.2)
 
     13.  This act shall take effect January 1 next following the date of enactment, but the Governor, the Senate, the Department of Environmental Protection, the Division of Fish and Wildlife, and the Fish and Game Council may take such action in advance thereof as shall be necessary for the implementation of this act.
 
 

STATEMENT

 
     This bill would increase the membership, change the composition, and revise the authority of the Fish and Game Council.  Current law provides for 11 members on the council as follows:  three farmers, recommended to the Governor for appointment by the agricultural convention held pursuant to statute; six sportsmen, recommended to the Governor for appointment by the New Jersey State Federation of Sportsmen's Clubs; one member "knowledgeable in land use management and soil conservation practices"; and the chairperson of the Endangered and Nongame Species Advisory Committee established pursuant to "The Endangered and Nongame Species Conservation Act."
     This bill would change the composition and increase the membership of the council from 11 members to 13 members.  The new membership is as follows: the Commissioner of Environmental Protection, ex officio, or a designated representative;  the chairperson, ex officio, of the committee established pursuant to "The Endangered and Nongame Species Conservation Act"; two farmers; two sportsmen; two individuals with experience in environmental protection, recommended to the Governor for appointment to the council by the New Jersey Environmental Federation; and five individuals with experience in environmental protection or other fields relevant to animal welfare and with a background in the preservation of wildlife, recommended to the Governor for appointment to the council by the New Jersey Animal Rights Alliance, The Bear Education and Resource Group, and the Humane Society of the United States.  Of the farmer representatives, the sportsmen representatives, and the environmental representatives, one representative of each group would be a resident of any of the following counties--Bergen, Essex, Hudson, Hunterdon, Mercer, Morris, Passaic, Somerset, Sussex, Union and Warren; and one representative of each group would be a resident of any of the following counties--Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester , Middlesex, Monmouth, Ocean, and Salem.  The remaining five members appointed by the Governor would be chosen with due consideration to achieve balanced geographic representation of all regions of the State.
     The bill would provide that the public members of the council serve at the pleasure of the Governor.  Current law provides that members of the council may be removed by the Governor, for cause, upon notice and the opportunity to be heard.  The bill also would amend current law to place the Fish and Game Council within the Department of Environmental Protection generally, rather than specifically within the Department's Division of Fish and Wildlife.
     The bill would amend current law to provide that the Commissioner of Environmental Protection shall select the Director of the Division of Fish and Wildlife, and the director shall serve at the pleasure of the commissioner.  Under current law, the Director of the Division of Fish and Wildlife is selected by the Fish and Game Council, subject to the approval of the Governor and serves at the pleasure of the council.
     The bill would also amend current law to make all regulatory and policy decisions of the Fish and Game Council subject to the approval of the Commissioner of Environmental Protection.
     The bill also would create a nonlethal alternatives committee within the council charged with investigating, recommending and expediting the use of non-lethal alternatives for dealing with wildlife conflicts, developing an integrated and biologically sound approach to white-tailed deer reproductivity and lowering fertility rates; studying single-species management and propagation of game species on State and private lands; and promoting public outreach and education.
     Lastly, the bill makes various technical amendments to the statutory text to update references to the Department of Environmental Protection and the Division of Fish and Wildlife, and to update statutory references.