An Act concerning the use of woodchuck management systems in cemeteries, supplementing Title 23 of the Revised Statutes, and amending R.S.23:3-1 and R.S.23:4-1.

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

1. (New section) a. The Legislature finds and declares that woodchucks are native to New Jersey and are ubiquitous throughout the State; that woodchucks are accomplished diggers and burrowers, having the capacity to dig extensive networks of underground tunnels; that each woodchuck burrow in an underground network can span up to 45 feet in length and up to five feet in depth, and have up to four to five entrances or exits; that the creation by woodchucks of extensive underground tunneling networks can lead to subsidence of the surrounding land, and cause damage to building foundations and structural framing; that because woodchucks have the potential to cause structural and economic damage to homeowners, business owners, and farmers, the laws of New Jersey have consistently allowed the State's citizens to use reasonable means to control and respond to damage caused by these animals; that woodchucks and their underground tunneling networks can cause significant damage to cemeteries in particular, with subsidence working to undermine the foundations of tombstones and frames around the graves, and the woodchucks themselves working to burrow through and nest in buried caskets and uncover human remains; and that evidence has shown that if woodchuck activity is allowed to continue on cemetery land over a course of years, and without the implementation of control measures, it may be possible for the woodchucks to obliterate entire cemeteries.

b. The Legislature therefore finds that it is both reasonable and necessary to prohibit the relocation of displaced woodchucks to areas on or near cemetery property, and to establish an integrated pest management strategy for implementation by cemetery owners and operators, which will enable them to utilize reasonable control methods in order to prevent the destruction of cemeteries and the desecration of human remains by woodchucks in the State.

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

"Box trap" means a trap constructed of steel or other metal framing; enclosed by woven or thick gauge wire or mesh; having three fixed sides and a single sliding or folding door or two fixed sides and two opposing sliding or folding doors; and which is equipped with a baited trip wire or other trigger mechanism that, when activated by an animal, will cause the trap door or doors to close, securing the animal alive, within the trap.

"Cemetery" or "cemetery property" means any land used or dedicated for use for the burial or interment below ground of human remains, and includes any roadways, pathways, or park areas that lie on, or that are directly associated with, used by visitors to, and possessed by the owner of, such land.

3. (New section) Within 90 days after the effective date of this act, the owner or operator of any cemetery in the State shall implement a system of woodchuck management to:

a. deter and prevent any woodchucks from entering onto the cemetery property; and

b. remove any woodchucks that are currently present on the cemetery property.

The system of woodchuck management that is implemented by a cemetery owner or operator pursuant to this section shall include, based upon the nature of the infestation, one or more methods of woodchuck control, as prescribed by section 4 of this act. The system of woodchuck management may additionally incorporate any other legal method of control, with the exception of control methods that would require the use of firearms or other projectile weapons within the cemetery, as is necessary to effectively manage the presence of woodchucks on the cemetery property.

4. (New section) a. A cemetery owner or operator implementing a system of woodchuck management in accordance with this act shall incorporate scent deterrence and repellent as the primary method of woodchuck control. The cemetery owner or operator shall:

(1) treat the cemetery property and, if applicable, the land within or in close proximity to any woodchuck burrow opening, with one or more scent deterrents that are designed to make the land unappealing to or uninhabitable by woodchucks; and

(2) treat the vegetation on the cemetery property and, if applicable, the vegetation lying within or in close proximity to any woodchuck burrow opening, with one or more scent repellents that are designed to render plants unappetizing or inedible to woodchucks.

Scent deterrents and scent repellents shall be reapplied to cemetery land and vegetation within 48 hours after any heavy rain event.

b. (1) A cemetery owner or operator shall, if there is any new evidence of woodchuck activity taking place on the cemetery property following the use for 30 days of the primary scent deterrence and repellent control method required by subsection a. of this section, incorporate into the cemetery's woodchuck management system a secondary method of woodchuck control, which shall consist of the erection of perimeter fencing along the property's boundary, in accordance with paragraph (3) of this subsection.

(2) A cemetery owner or operator may, at any time, incorporate the erection of perimeter fencing into the cemetery's system of woodchuck management, in accordance with paragraph (3) of this subsection, and notwithstanding the length of time that scent deterrence and repellent methods have been used on the cemetery property, if such action is deemed thereby to be necessary and appropriate in fulfilling the goals identified in section 3 of this act.

(3) Perimeter fencing that is erected in accordance with this subsection shall extend along all open boundary lines of the cemetery property, and may incorporate one or more gates to allow for visitor access to the cemetery. The fencing shall be at least five feet high, constructed of a strong, woven wire, and, except where gates have been incorporated, include a skirt or hardware cloth, which shall extend at least one foot underground from the bottom of the fence, and which shall be angled outward and away from the property boundary to prevent burrowing.

c. (1) A cemetery owner or operator shall, if there is any new evidence of woodchuck activity taking place on the cemetery property following the combined use for 60 days of both scent deterrence and repellent and perimeter fencing control methods, as required by subsections a. and b. of this section, incorporate into the cemetery's system of woodchuck management the use of box traps, in accordance with the provisions of paragraph (3) of this subsection and section 5 of this act, to capture and remove woodchucks from the property.

(2) A cemetery owner or operator may, upon discovering any evidence of woodchuck activity taking place on the cemetery property, incorporate the use of box traps into the cemetery's woodchuck management system, in accordance with paragraph (3) of this subsection and section 5 of this act, and notwithstanding the length of time that scent deterrence and repellent and perimeter fencing control methods have been utilized on the cemetery property, if such action is deemed thereby to be necessary and appropriate in fulfilling the goals identified in section 3 of this act.

(3) Any box traps placed on cemetery property in accordance with this subsection shall be checked at least once every 24 hours. When feasible, box traps shall be set near any woodchuck burrow opening on the cemetery property.

d. The owner or operator of any cemetery in the State shall, if any woodchuck burrow openings are observed on the cemetery property, test for occupancy and permanently seal the openings in accordance with this subsection. A woodchuck burrow opening shall be tested and sealed as follows:

(1) Prior to the permanent sealing of any observed burrow opening, the owner or operator of the cemetery, or an authorized representative thereof, shall conduct a preliminary occupancy test in order to determine whether the burrow has been abandoned. In conducting this test, the burrow opening shall be loosely packed with hay, grass, straw, dirt, or other similar packing material. If, after two days, the hay, grass, straw, dirt, or other packing material within the burrow opening remains undisturbed, the burrow shall be deemed unoccupied, and the burrow opening shall be permanently sealed in accordance with paragraph (2) of this subsection. If an occupancy test conducted in accordance with this paragraph shows that a burrow has not yet been abandoned, the burrow opening shall not be sealed, and the opening shall be retested on a monthly basis thereafter, in accordance with this paragraph, until the burrow is deemed to be unoccupied.

(2) After a burrow has been deemed to be unoccupied in accordance with the occupancy testing procedures prescribed by paragraph (1) of this subsection, the cemetery owner or operator, or an authorized representative thereof, shall permanently seal the burrow opening. Permanent sealing shall be accomplished by pouring concrete cement into the burrow opening, or by partially excavating the burrow opening and burying, at a one foot depth, and extending across and well past the edges of the opening, a section of heavy-gauge welded wire.

5. (New section) a. The owner or operator of any cemetery in the State who uses box traps as a part of the cemetery's system of woodchuck management shall, prior to placing any box trap on the property, submit to the Division of Fish and Wildlife, a certification stating that such trapping is necessary because woodchucks (1) have damaged graves, headstones, or caskets on the property, (2) have disturbed human remains on the property, or (3) are present on and likely to cause damage to the property. The certification shall be resubmitted to the Division of Fish and Wildlife on an annual basis thereafter, in every year in which traps will be utilized as part of the cemetery's system of woodchuck management. The Division of Fish and Wildlife shall maintain a record of any and all such certifications that are submitted thereto by a cemetery owner or operator in accordance with this subsection.

b. Any person trapping a woodchuck on cemetery property shall keep the woodchuck alive, and the cemetery owner or operator, or an authorized representative thereof, shall remove the trapped woodchuck from the cemetery property: (1) by relocating the woodchuck into suitable habitat, either in accordance with the Division of Fish and Wildlife's policy on wildlife relocation, or in compliance with directions issued by a conservation officer; or (2) by euthanizing the woodchuck using methods that have been approved by the American Veterinary Medical Association and that are permitted by State law or regulation. No woodchuck that is being relocated in accordance with the provisions of this subsection shall be released within three miles of the cemetery property on which the woodchuck was trapped, or within 1,000 yards of any other cemetery in the State.

c. The treatment of any woodchuck trapped on cemetery property shall, at all times, conform with the laws and regulations pertaining to the humane treatment of animals.

6. (New section) a. The owner or operator of any cemetery in the State, or an authorized representative thereof, shall conduct a general inspection of the cemetery property at least once every 30 days during the months from March through November, in order to determine whether, and the extent to which, woodchucks are present on the property. The cemetery owner or operator shall maintain and regularly update an inspection log, which identifies the date and results of any such inspection, and which includes, in particular, an indication as to the number of burrow holes and the number of woodchucks observed on the property during any such inspection. The log shall be maintained as a permanent record and shall be made available to the public by posting it in a conspicuous location within a cemetery office building, or by posting it on an Internet website to which cemetery visitors can be directed.

b. The owner or operator of any cemetery in the State shall maintain, and shall update as necessary, a woodchuck management log detailing the actions that have been taken to manage the presence of woodchucks on the cemetery property. The woodchuck management log shall identify, in particular, the date and time that action was taken, and the specific control method that was utilized. The woodchuck management log shall be maintained as a permanent record, and shall be made available to the public, to the Department of Environmental Protection, or to any conservation officer, upon request.

7. (New section) The owner or operator of any cemetery in the State shall post, at a clearly visible location either on the cemetery property or within a cemetery office building, a sign that provides appropriate contact information for the Division of Fish and Wildlife in the Department of Environmental Protection, and which notifies visitors to the cemetery both that the cemetery owner or operator may be held liable under P.L. , c. (C. ) (pending before the legislature as this bill) for failing to comply with the law pertaining to woodchuck management in cemeteries, and that any person who has reason to believe that this law is being violated may submit a complaint to the Division of Fish and Wildlife.

8. (New section) a. No person shall release any live woodchuck within 1,000 yards of any cemetery in the State.

b. No permit or license for the release of wildlife shall be issued by the Department of Environmental Protection or by the Fish and Game Council if such permit or license will authorize the release of a live woodchuck within 1,000 yards of any cemetery in the State.

9. (New section) Any person who violates any provision of this act shall be liable to a civil penalty of not less than $500 nor more than $1,000 for the first offense, and not less than $1000 nor more than $1,500 for any subsequent offense, to be collected by and in the name of the Commissioner of Environmental Protection in a civil action by a summary proceeding, pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal courts shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999." Each release of a single live woodchuck in violation of the provisions of subsection b. of section 5 or subsection a. of section 8 of this act shall constitute an additional, separate, and distinct offense.

10. R.S.23:3-1 is amended to read as follows:

23:3-1. a. A person shall not at any time hunt, take or attempt to take, kill or pursue, with a gun or any firearm of any kind or character, or with longbow and arrow, a wild bird, animal or fowl, or take or attempt to take any skunk, mink, muskrat, or other fur-bearing animal by means of a trap, or set a trap for any fur-bearing animal, nor shall any person above the age of 16 years at any time take or attempt to take fish in any of the fresh waters of this State by the method commonly known as angling with a hand line or rod and line, or with longbow and arrow, unless he has first procured a proper license.

b. A person shall not engage in hunting, fishing or trapping unless the appropriate license or tag as prescribed hereunder is visibly displayed in a holder in a conspicuous place on the outer clothing at the time of such hunting, fishing or trapping. A licensee shall exhibit his license and tag for inspection to any conservation officer, deputy conservation officer, police officer or other person requesting to see it.

c. A person under 12 years of age shall not be issued a trapping license.

d. A person who is on active duty with any branch or department of the armed service of the United States shall be entitled to hunt or fish upon obtaining the proper resident license therefor.

e. (1) Nothing in this section shall prevent the occupant of a farm in this State, who actually resides thereon, or the immediate members of his family who also reside thereon, from hunting for, taking, killing or pursuing with a gun or firearm or a longbow and arrow on the farm a wild bird, animal or fowl, from taking any skunk, mink, muskrat, or other fur-bearing animal by means of a trap or from setting a trap for a fur-bearing animal on the farm, or from taking fish on the farm with hand line, rod and line, or longbow and arrow in the manner provided by law during the time when it is lawful so to do, without being licensed hereunder. The exemption provided pursuant to this subsection shall not apply to a person residing on the farm or in a tenant house thereon who is not a member of the occupant's family, nor to a servant of the occupant.

(2) Nothing in this section shall prevent the owner or operator of a cemetery in the State from trapping woodchucks by means of box traps during the entire year on the cemetery property, without being licensed under this section, provided that the trapping is conducted in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

f. (1) Any person found hunting, fishing or trapping without the proper license or tag as may be required conspicuously displayed pursuant to subsection b. of this section shall be liable to a penalty of $10 and costs, to be recovered pursuant to the provisions of Title 23, chapter 10, of the Revised Statutes.

(2) Any person who violates any provision of this section for which a penalty is not otherwise expressly provided, shall be liable to a penalty of not less than $50 nor more than $200 for each offense.

(cf: P.L.1999, c.282, s.3)

11. R.S. 23:4-1 is amended to read as follows:

23:4-1. No person shall capture, kill, injure, destroy or have in possession or hunt, hunt for, or attempt to capture, kill, injure or destroy any reedbird, wild swans, wood duck, wild geese, brant, wild ducks, rails or marsh hens, gallinules, coot (commonly known as crow duck), upland plover, black-bellied plover, golden plover, greater or lesser yellowlegs, willets, sandpipers, dowitchers or robin snipe, brown backs, curlews, turnstones or calico backs, godwits or marlin, tattlers, Wilson snipe or jacksnipe, woodcock or any other birds commonly known as shore birds, surf snipe or bay snipe, unless an open season is prescribed therefor by the regulations of the United States Department of the Interior, made under the provisions of an Act of Congress relating to migratory birds, and then only during the respective open seasons fixed for such birds by such regulations.

[No] Except as provided by P.L. , c. (C. ) (pending before the Legislature as this bill), no person shall capture, kill, injure, destroy or have in possession any quail, rabbit, hare, gray, black or fox squirrel, raccoon, woodchuck, English or ring-necked pheasant, ruffed grouse, wild turkey, partridge, or any other game bird or game animal, other than those mentioned in the first paragraph of this section, unless an open season is prescribed therefor by the State Fish and Game Code, and then only during the respective open seasons fixed by such code; or, in the absence of such provision in said code, unless an open season is prescribed therefor by law, and then only during the respective open seasons fixed by this section.

Unless otherwise prescribed by the State Fish and Game Code, the open season for quail, rabbit, hare, gray, black or fox squirrel, male English or ring-necked pheasant, ruffed grouse, or partridge, except as hereinafter in this article is restricted, shall be from November 10 to December 10; provided, however, no person shall capture, kill, injure, destroy or have in his possession any of the birds or animals mentioned in this paragraph on the first day of any open season for such birds and animals before 9 a.m.

Unless otherwise prescribed by the State Fish and Game Code, the open season for woodchuck shall be from May 1 to September 30; between sunrise and sunset only.

Unless otherwise prescribed by the State Fish and Game Code, the open season for raccoon shall be from November 1 to January 15, between sunset and sunrise only, except during the open season for deer.

Unless otherwise provided by the State Fish and Game Code, the birds and animals for which an open season is prescribed by this section may be possessed during the respective open seasons therefor and for the additional period of 10 days immediately succeeding the open seasons.

Except as otherwise specifically provided by this act or any other law, for capturing, killing, injuring, destroying, or having in possession or hunting, hunting for, or attempting to capture, kill, injure or destroy any of the game birds or game animals mentioned in this section, or any other game bird or game animal, other than during the respective open seasons, if any, and at the times, if any, fixed therefor by the respective provisions of the State Fish and Game Code, or, in the absence of any such provisions in said code, fixed therefor by this section, or for violating any other provision of this section, a person shall be liable to a penalty of not less than $20.00 and not more than $100.00 for each bird or animal or part thereof unlawfully captured, killed, injured, destroyed, had in possession, or hunted, hunted for, attempted to be captured, killed, injured or destroyed; provided, however, that a person shall be liable to a penalty of not less than $100.00 and not more than $300.00 for each wild turkey, black bear, coyote, bobcat, otter, or part thereof, unlawfully captured, killed, injured, destroyed, possessed, or hunted, hunted for, attempted to be captured, killed,
injured or destroyed.

(cf: P.L.1979, c.385, s.3)

12. This act shall take effect immediately.

STATEMENT

This bill would require the owner or operator of every cemetery in the State to implement a system of woodchuck management that is designed to (1) deter and prevent woodchucks from entering onto the cemetery property, and (2) remove any woodchucks that may be currently present on the property. The bill would allow for some discretion in the development of these woodchuck management systems, but it would require the graduated incorporation of various woodchuck control methods, based on the severity and continuing nature of each cemetery's woodchuck infestation. Due to the proliferation of headstones and the consistent presence of visitors on cemetery property, however, the bill would prohibit the incorporation into a cemetery's woodchuck management system of any control methods that would require the use of firearms or other projectile weapons.

While the bill would require every cemetery's woodchuck management system to incorporate the use of scent deterrence and repellent control methods, whether or not there is evidence of woodchuck activity taking place on the cemetery property, it would require the use of additional control methods only in certain specified circumstances. In particular, if woodchuck activity is evident on cemetery property following the use for 30 days of the primary scent deterrence and repellent control method, the cemetery owner or operator would be required to erect a perimeter fence along the property boundary, which would be designed, in accordance with specific construction guidelines, to prevent woodchucks from crossing over or burrowing under the property line. If woodchuck activity is still evident on the cemetery property following the combined use for 60 days of both scent deterrence and repellent and fencing control methods, the cemetery owner or operator would further be required to incorporate the use of box traps into the system of woodchuck management, in order to capture and remove woodchucks from the property. The bill would additionally grant cemetery owners and operators the discretion to incorporate these secondary or tertiary control methods into their systems of woodchuck management in circumstances where their use is not required, and it would also give cemetery owners and operators the discretion to incorporate any other lawful methods of control, which are deemed thereby to be necessary in order to effectively manage the presence of woodchucks on the property.

If any burrow openings are observed on cemetery property, the bill would further require the cemetery owner or operator to incorporate into the system of woodchuck management a method for permanently sealing such openings. The bill would authorize permanent sealing to take place only after the results of an initial occupancy test have indicated that the burrow is no longer occupied by any woodchucks. Occupancy testing of a burrow opening would be required to take place on a monthly basis until such time as the burrow is deemed abandoned and the opening fit for sealing. This sealing of uninhabited burrow openings is intended to prevent any new woodchucks (or any other large pests) from moving into the uninhabited burrows that are left behind following the successful use of the control methods, and to prevent any further subsidence of the land from occurring at the burrow openings.

The bill would establish specific requirements with regard to the incorporation of box traps into any system of woodchuck management. In particular, prior to the actual placement of any box traps on cemetery property, the bill would require a cemetery owner or operator to submit to the Division of Fish and Wildlife in the Department of Environmental Protection a certification stating that woodchucks (1) have damaged graves, headstones, or caskets on the property, (2) have disturbed human remains on the property, or (3) are present on and likely to cause damage to the property. The bill would require a cemetery owner or operator to resubmit the certification to the Division on an annual basis, in every year in which traps will be used as part of the cemetery's woodchuck management plan. This certification and recertification requirement simply ensures that the Division of Fish and Wildlife will be made aware of any trapping activity that is taking place on cemetery lands.

The bill would further provide that, upon the successful trapping of any woodchuck, the cemetery owner or operator must keep the woodchuck alive, and must treat the woodchuck humanely at all times. The cemetery owner or operator, or an authorized representative thereof, would be required to remove the trapped woodchuck from the cemetery property (1) by relocating the woodchuck into suitable habitat, either in accordance with the division's policy on wildlife relocation, or in conformity with directions issued by a conservation officer; or (2) by euthanizing the woodchuck through the use of a legally acceptable method.

In order to prevent a relocated woodchuck from returning to its home at the cemetery or from establishing a new home at a different cemetery location, the bill would prohibit any woodchuck trapped on cemetery property from being released within three miles of that same cemetery property, or within 1,000 yards of any other cemetery in the State. Although 1,000 yards is generally a sufficient buffer zone to ensure that relocated woodchucks will not elect to set up house in a new cemetery, the bill requires a larger buffer zone of three miles from the cemetery of origin, in order to ensure that a woodchuck trapped on cemetery property will not return to the home it has already established at that particular cemetery. In a similar vein, and in order to prevent other persons from releasing woodchucks on or near cemetery property, the bill would prohibit, in general, and for any and all actors, the release of any live woodchuck within 1,000 yards of any cemetery in the State, and it would further prohibit the Department of Environmental Protection and the Fish and Game Council from authorizing any such release.

The bill would provide that a cemetery owner or operator, or their authorized representative, must conduct a general inspection of the cemetery property at least once every 30 days during the months from March through November, in order to determine whether, and to what extent, woodchucks are present thereon. The cemetery owner or operator would be required maintain, regularly update, and make available to the public, an inspection log that identifies the date and results of any such inspection, and which notes, in particular, the number of woodchuck burrows and the number of woodchucks actually observed on the property during the course of each inspection. A cemetery owner or operator would additionally be required to maintain and to update as necessary, a woodchuck management log, which details the actions that have been taken to manage the presence of woodchucks on the cemetery property. The bill would require the management log to be made available to the public, the Department of Environmental Protection, or any conservation officer, upon request.

Any person who violates a provision of this bill would be subject to a civil penalty of not less than $500 nor more than $1,000 for the first offense, and not less than $1,000 nor more than $1,500 for any subsequent offense. Each release of a live woodchuck in violation of the bill's provisions would be understood to constitute a separate and distinct offense.

In order to facilitate enforcement of the bill's provisions, the bill would require a cemetery owner or operator to post, at a clearly visible location either on the cemetery property or within a cemetery office building, a sign that provides contact information for the Division of Fish and Wildlife, and which states both that the cemetery owner or operator may be held liable for failing to comply with this bill's provisions, and that any person who has reason to believe that the bill's provisions are being violated may submit a complaint to the division.

Without the use of appropriate control methods, woodchucks have the potential to destroy entire cemeteries. They and their extensive underground tunneling networks have already caused significant damage to cemeteries across the United States, with subsidence working to undermine the foundations of tombstones and frames around the graves, and the woodchucks themselves working to burrow through and nest in buried caskets and uncover human remains. This woodchuck activity is highly upsetting to relatives of deceased persons whose remains have been disturbed, and it poses a religious concern for those who believe that the deceased should be honored. Furthermore, there may be health concerns associated with the consistent uncovering of decaying human remains. Accordingly, it is both reasonable and necessary to prohibit the release of live woodchucks on or near cemetery property and to require and authorize cemetery owners and operators to utilize a variety of reasonable pest management techniques as a means to prevent the destruction of cemeteries and the desecration of human remains by woodchucks in the State.