An Act concerning commercial deer harvesting licenses, amending R.S.23:4-27 and supplementing Titles 23 and 24 of the Revised Statutes.

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

1. (New section) a. The Division of Fish and Wildlife, in conjunction with the Fish and Game Council, shall develop and establish, within six months after the date of enactment of this act, requirements and procedures for the commercial harvesting of deer, and establish a commercial deer harvesting license to be issued to persons meeting those requirements. The division shall establish in conjunction with the commercial deer harvesting license, a license and deer registration system, which shall include a unique commercial deer harvesting license number for each license holder, and a tagging system with a unique number on each tag to be attached to each deer harvested. The tags shall be issued to each holder of a commercial deer harvesting license to be used for tracking and reporting the deer harvested by the license holder.

b. In addition to any other qualifications for obtaining a commercial deer harvesting license established pursuant to subsection a. of this section, an applicant for the license shall submit:

(1) a business plan, as provided for under section 2 of this act, establishing a relationship with a meat-processing facility that has proper food safety oversight and no record of violations concerning the handling of wildlife or other animals; and

(2) proof of insurance and assumption of liability for the harvest of deer and transport of the meat from such harvesting, proper training and proficiency in harvest techniques and proper handling of meat in the field, and completion of all relevant hunter education and firearm safety courses required by law.

c. A holder of a commercial deer harvesting license shall report to the division for each individual deer harvested, within 48 hours after harvesting the deer:

(1) the date of harvest;

(2) the location of harvest;

(3) the sex and age of the deer;

(4) the tag number for the deer; and

(5) the disposition of the deer.

Every two weeks after the season for commercial harvesting of deer has begun until the conclusion of the season, the holder of a commercial deer harvesting license shall file a report to the division, on the total number of deer harvested in the preceding two-week period, identified by the license holder's commercial deer harvesting license number and the correlating tag numbers for the deer, except if the season is an uneven number of weeks, the license holder shall make the final report for the final week of the season during the week immediately after the final week of the season.

d. The division, in consultation with the Fish and Game Council, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement this act. These rules and regulations shall include, but need not be limited to, provisions:

(1) regulating the time of day and time of year deer may be harvested, the area of the permitted harvest, harvest limits, registration procedures, background checks, required landowner approvals, restrictions on harvest methods, and appeals procedures;

(2) specifying personnel requirements for administration, record keeping, deer population management and law enforcement; and

(3) establishing fees to cover costs associated with administration, training, testing, licensing, deer population management, law enforcement, record keeping and reporting.

e. Any deer meat harvested by the holder of a commercial deer harvesting license may only be sold or distributed for commercial retail sale and use by a meat processing facility licensed to do so pursuant to section 2 of this act.

2. (New section) a. The Department of Health shall establish guidelines and adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), providing for:

(1) the proper and safe harvesting, handling, distribution, and storage of commercially harvested deer meat;

(2) the granting of licenses to meat processing facilities to handle commercially harvested deer meat; and

(3) the form and content of the business plan required for obtaining a commercial deer harvesting license pursuant to section 1 of this act.

b. While developing the guidelines established, and the rules and regulations adopted, pursuant to subsection a. of this section, the Department of Health shall consider, and shall ensure the guidelines, rules, and regulations are consistent with, federal guidelines and regulations promulgated by the United States Food and Drug Administration and the United States Department of Agriculture.

c. Any deer meat harvested by the holder of a commercial deer harvesting license shall only be sold or distributed for commercial retail sale and use by a meat processing facility licensed to do so pursuant to this section.

3. R.S.23:4-27 is amended to read as follows:

23:4-27. a. No person shall sell or purchase wildlife, except as authorized pursuant to this section, sections 1 and 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any other law or as may be authorized by rule or regulation adopted by the division pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

b. The provisions of subsection a. of this section shall not apply to the sale or purchase of wildlife authorized or regulated by chapter 2A or 2B of this title, R.S.23:3-28 through R.S.23:3-39, section 4 of P.L.1970, c.247 (C.23:3-65), R.S.23:4-50, R.S.23:5-2, or Title 50 of the Revised Statutes, or any rule or regulation adopted pursuant thereto, provided that the wildlife was taken and possessed in a lawful manner.

c. Unless prohibited or restricted by rule or regulation adopted by the division, the raw or processed hide of the white-tailed deer (Odocoileus virginianus), the tail of the white-tailed deer, the portion of the front leg of a white-tailed deer limited to the carpal, metacarpal, and phalange bones, or the portion of the hind leg of a white-tailed deer limited to the tarsus, metatarsus, and phalange bones may be sold or purchased, provided that those parts or products are from a white-tailed deer that was taken and possessed in a lawful manner.

d. Notwithstanding the provisions of subsection a. of this section to the contrary:

(1) the dead body or any part or product thereof of the following wildlife may be sold or purchased, provided that the wildlife was taken and possessed in a lawful manner:

Virginia Opossum Didelphis virginiana

Beaver Castor canadensis

Muskrat Ondatra zibethicus

Nutria Myocaster coypus

Coyote Canis latrans

Red Fox Vulpes vulpes

Gray Fox Urocyon cinereoargenteus

Raccoon Procyon lotor

Long Tail Weasel Mustela frenata

Short Tail Weasel Mustela erminea

Mink Mustela vison

Striped Skunk Mephitis mephitis

River Otter Lutra canadensis

(2) wildlife not native to this State that originated from a state or other jurisdiction where it is legal to sell or purchase that wildlife and the wildlife was sold or purchased in accordance with the laws of that state or other jurisdiction, may be sold or purchased in this State unless prohibited by federal law, rule or regulation; provided that the wildlife is labeled with the state or other jurisdiction of origin, the name and address of the exporter, and all applicable permit numbers until the expected final retail transaction has been made.

e. The division shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement this section and to otherwise provide for the control and regulation of the sale and purchase of wildlife, including but not limited to wildlife not specifically listed in this section.

f. In addition to any penalties that may be prescribed by any other applicable law:

(1) a person who violates this section shall be:

(a) subject to a civil penalty of not less than $200 and not more than $1,000 for the first offense, and not less than $500 and not more than $3,000 for each subsequent offense. If the violation involves the sale or purchase of a black bear (Ursus americanus), turkey (Meleagris gallapavo), white-tailed deer (Odocoileus virginianus), bobcat (Felis rufus), or illegally taken river otter (Lutra canadensis), the civil penalty shall be not less than $1,000 and not more than $2,000 for the first offense, and not less than $1,500 and not more than $3,000 for each subsequent offense; and

(b) assessed the replacement value of the animal, as prescribed by section 10 of P.L.1990, c.29 (C.23:3-22.2); and

(2) a person who purposely violates this section when the total value of the sale or purchase is:

(a) less than $200 shall be guilty of a disorderly persons offense;

(b) $200 or more, but less than $500, shall be guilty of a crime of the fourth degree;

g. For the purposes of this section, "sell or purchase" means to sell or offer for sale, possess for sale, purchase or agree to purchase, receive compensation, barter or offer to barter, trade or offer to trade, or transfer or offer to transfer, or conspire for any of those purposes.

(cf: P.L.1997, c.291, s.2)

4. This act shall take effect immediately.

STATEMENT

The bill directs the Division of Fish and Wildlife in the Department of Environmental Protection, in conjunction with the Fish and Game Council, to develop and establish, within six months after the date of enactment of this act, requirements and procedures for the commercial harvesting of deer, and establish a commercial deer harvesting license. The bill also directs the Department of Health to establish guidelines and adopt regulations, providing for:

1) the proper and safe harvesting, handling, distribution, and storage of commercially harvested deer meat;

2) the granting of licenses to meat processing facilities to handle commercially harvested deer meat; and

3) the form and content of the business plan required for obtaining a commercial deer harvesting license.

In addition to the requirements and procedures to be developed by the Division of Fish and Wildlife, the bill establishes qualifications for obtaining a commercial deer harvesting license, enumerated in subsection b. of section 1 of the bill, including a business plan establishing a relationship with a meat processing facility that has proper food safety oversight and no record of violations concerning the handling of wildlife or other animals, and proof of various types of insurance, training, and education connected with hunting and handling meat in the field.

The bill provides for certain details and the adoption of regulations addressing a number of issues enumerated in the bill. The holder of a commercial deer harvesting license would be required to report to the division the number of deer harvested, identified by the license holder's license number and, for each deer harvested:

1) the date of harvest;

2) the location of harvest;

3) the sex and age of the deer;

4) the tag number for the deer; and

5) the disposition of the deer.

Finally, only licensed meat processing facilities would be able to sell or distribute for commercial sale or use deer meat harvested by the holder of a commercial deer harvesting license.