S4492

An Act concerning geese population control, and supplementing Title 4 of the Revised Statutes.

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

1. a. The Department of Agriculture shall:

(1) consult with the United States Department of Agriculture to identify nonlethal methods of geese population control, the circumstances under which such methods may be implemented, and, when lethal methods are necessary, humane lethal methods other than gassing that may be implemented; and

(2) propose the adoption of a memorandum of understanding with the United States Department of Agriculture providing for; (a) the implementation of the methods identified pursuant to paragraph (1) of this subsection, (b) the circumstances under which nonlethal and lethal methods may be implemented in New Jersey by either agency, (c) the humane lethal methods other than gassing that may be implemented, and (d) the limited circumstances under which gassing as a lethal method of geese population control may be implemented by either agency in New Jersey.

b. The department shall post on its Internet website a fact sheet describing the nonlethal and lethal methods of geese control and the circumstances for the implementation thereof, as identified pursuant to subsection a. of this section, and, as applicable, a copy of the executed memorandum of understanding.

2. a. Within 90 days after the execution of a memorandum of understanding between the Department of Agriculture and the United States Department of Agriculture pursuant to section 1 of this act, the Division of Fish and Wildlife in the Department of Environmental Protection shall consult with the Department of Agriculture concerning the determinations made in consultation with the United States Department of Agriculture pursuant to subsection a. of section 1 of this act and the provisions of the memorandum of understanding entered into with the United States Department of Agriculture pursuant to that section, as applicable.

b. The Division of Fish and Wildlife shall determine the nonlethal and lethal methods of geese control to be used by the division and the circumstances under which the division finds the use of lethal methods of geese control necessary. If appropriate and necessary, the division shall enter into a memorandum of understanding with the United States Department of Agriculture providing for the division’s findings and the coordination with the United States Department of Agriculture of implementation of necessary lethal methods of geese control as determined by the division.

c. The division shall post on its Internet website a fact sheet describing the nonlethal and lethal methods of geese control and the circumstances for the implementation thereof, as determined pursuant to subsection b. of this section, and a copy of an executed memorandum of understanding between the division and the United States Department of Agriculture pursuant to subsection b. of this section.

3. The Department of Health shall notify the Department of Agriculture, the Division of Fish and Wildlife in the Department of Environmental Protection, and the United States Department of Agriculture of any public health emergency requiring the use of lethal methods of population control on geese populations in the State and, to the greatest extent possible, shall implement humane lethal methods other than gassing identified pursuant to paragraph (1) of subsection a. of section 1 of this act for the population control of geese due to the public health emergency.

4. No later than 180 days after the effective date of this act, the Division of Fish and Wildlife in the Department of Environmental Protection shall adopt best management practices for the development and management of properties that are designed to discourage the development of resident Canada geese populations and to establish habitats that are inhospitable to geese. The standards in the best management practices shall minimize the use of natural turf grass and encourage the establishment of native plants, riparian buffers, and other plantings that do not provide food sources for geese.

5. This act shall take effect immediately.

STATEMENT

This bill directs the Department of Agriculture and the Division of Fish and Wildlife in the Department of Environmental Protection (DFW) to work with the United States Department of Agriculture (USDA) concerning the implementation of nonlethal and lethal methods of geese control to minimize the use of lethal methods of geese control, and whenever lethal methods are required, to implement humane lethal methods other than gassing whenever possible.

Specifically, the bill directs the Department of Agriculture to:

1) consult with the USDA to identify nonlethal methods of geese population control, the circumstances under which such methods may be implemented, and, when lethal methods are necessary, the humane lethal methods other than gassing that may be implemented; and

2) propose the adoption of a memorandum of understanding with the United States Department of Agriculture providing for the implementation of these methods and the circumstances under which specific methods would be used as enumerated in section 1 of the bill.

Within 90 days after the execution of a memorandum of understanding between the Department of Agriculture and the USDA, the bill requires the DFW to consult with the Department of Agriculture concerning nonlethal and lethal methods of geese population control and the provisions of the memorandum of understanding, and determine the methods of geese control to be used by the DFW and the circumstances under which it finds the use of lethal methods necessary. Furthermore, if appropriate and necessary, the bill directs the DFW to enter into a memorandum of understanding with the USDA providing for the DFW’s findings and the coordination with the USDA of implementation of necessary lethal methods of geese control as determined by the DFW.

The bill requires the DFW and the Department of Agriculture to each post on its website a fact sheet describing the nonlethal and lethal methods of geese control and the circumstances for their implementation thereof, and a copy of any executed memorandum of understanding between the Department of Agriculture and the USDA and between the DFW and the USDA, as applicable.

The bill requires the Department of Health to:

1) notify the Department of Agriculture, the DFW, and the USDA of any public health emergency requiring the use of lethal methods of population control on geese populations in the State; and

2) implement, to the greatest extent possible, humane lethal methods other than gassing identified by the Department of Agriculture and the USDA in their consultation pursuant to section 1 of the bill.

Finally, the bill requires the Division of Fish and Wildlife in the Department of Environmental Protection to adopt best management practices for the development and management of properties that are designed to discourage the development of resident Canada geese populations and to establish habitats that are inhospitable to geese. The standards in the best management practices are required to minimize the use of natural turf grass and encourage the establishment of native plants, riparian buffers, and other plantings that do not provide food sources for geese.