SENATE ECONOMIC GROWTH COMMITTEE
STATEMENT TO
SENATE, No. 765
with committee amendments
STATE OF NEW JERSEY
DATED: OCTOBER 10, 2024
The Senate Economic Growth Committee reports favorably and with committee amendments Senate Bill No. 765.
As amended and reported, this bill amends the law concerning the feeding of black bears. Under current law, the prohibition on the feeding of black bears does not apply in the case of an unintentional feeding of a black bear. The bill replaces current definitions of “unintentional feeding” and replaces it with a specific list of activities or actions that are not considered feeding bears. This bill also clarifies that this law prohibits certain actions taken in a manner that may potentially make certain bear attractants accessible to bears. The bill renders this prohibition applicable to any food and includes the placement of food, pet food, garbage, or other bear attractants.
The bill provides that the following activities are not subject to the prohibitions in the bill: (1) any person licensed pursuant to law to possess wildlife; (2) any crop, agricultural product, or animal feed on the premises of any person engaged in agricultural or horticultural activities; (3) a birdfeeder maintained between the dates of December 1 through March 31, as well as a birdfeeder maintained, provided certain conditions are met, between the dates of April 1 and November 30; (4) the placement of food at a shelter or pound licensed by the Department of Health or a municipally approved managed cat colony, provided that any uneaten food is removed every night, and provided that, in areas known to be frequented by bears, feeding time is limited to a maximum of two hours daily and feed sites are actively monitored; (5) the feeding of companion animals, provided that any uneaten food is removed every night; (6) any action by federal, State, or local authorities that requires feeding, baiting, or luring of wildlife for management or scientific purpose; (7) any properly licensed person engaged in legal hunting or trapping activities, provided that the person uses the correct equipment and hunts or traps during the correct time of year for the target species; and (8) the storage of food, pet food, garbage, bird seed, or other bear attractants in an outbuilding, shed, or garage when the door to the outbuilding, shed, or garage is closed.
The bill also amends the current law concerning the use of civil penalties recovered for violations. Under current law, a person is liable for up to $1,000 for a violation, provided that the person first has been issued a prior written warning for a violation. The bill removes the requirement for a prior written warning, providing instead for a civil penalty of $100 to $500 for a first violation and for a civil penalty of $300 to $1,000 for the second and each subsequent violation.
This bill was prefiled for introduction in the 2024-2025 session pending technical review. As amended and reported, the bill includes the changes required by technical review, which has been performed.
COMMITTEE AMENDMENTS:
The committee amended the bill to:
(1) prohibit a person from, in a manner potentially accessible to bears, either: (a) feeding, giving, placing, exposing, depositing, distributing, or scattering any food, edible material, or bear attractant or (b) placing or storing any food, pet food, garbage, or other bear attractants. Under the bill, as introduced, a person is prohibited from feeding, giving, placing, exposing, depositing, distributing, or scattering any food, edible material, or bear attractant with the intention of feeding, attracting, or enticing a black bear; or placing or storing any food, pet food, garbage, or other bear attractants in a manner that will result in bear feedings when black bear are known to frequent the area;
(2) provide that the bill’s prohibitions do not apply to a birdfeeder maintained between the dates of December 1 through March 31;
(3) require that, in areas known to be frequented by bears, to avoid becoming subject to this bill’s prohibitions, a managed cat colony is required to limit feeding time to a maximum of two hours daily and to actively monitor feed sites;
(4) provide that the bill’s prohibitions do not apply to any properly licensed person engaged in legal hunting or trapping activities, provided that the person uses the correct equipment and hunts or traps during the correct time of year for the target species;
(5) provide that the bill’s prohibitions do not apply to the storage of food, pet food, garbage, bird seed, or other bear attractants in an outbuilding, shed, or garage when the door to the outbuilding, shed, or garage is closed;
(6) include a civil penalty of $100 to $500 for a person’s first violation of the bill’s provisions and a civil penalty of $300 to $1,000 for the second and each subsequent violation, rather than the civil penalty of up to $1,000 provided for under current law;
(7) require that civil penalties recovered for violations of prohibitions against feeding bears be paid to the Division of Fish and Wildlife in the Department of Environmental Protection, as required under current law, rather than to the municipalities where violations occurred as previously provided in the bill;
(8) remove a requirement under existing law providing that a person is to be issued a written warning for violations of prohibitions against feeding black bears prior to being assessed a civil penalty; and
(9) update the title and synopsis to reflect changes to the bill.