Assembly Commerce, Economic Development and Agriculture Committee Statement to Assembly, No. 360 (September 12, 2024)

Summary

Assembly Commerce, Economic Development and Agriculture Committee statement to Assembly, No. 360, State of New Jersey, dated September 12, 2024. The committee reports favorably Assembly Bill No. 360, which would amend the law concerning the feeding of black bear. The statement says the bill clarifies that the prohibition applies to any food and includes the placement of food, and deletes the exemption for, and the definition of, “unintentional feeding,” replacing it with a specific list of activities that are not considered to be the feeding of black bear. It says any penalties collected would be remitted to the municipality in which the violation occurred, rather than paid to the Division of Fish and Wildlife as under current law.

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ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND
           AGRICULTURE COMMITTEE

                           STATEMENT TO

                       ASSEMBLY, No. 360

       STATE OF NEW JERSEY
                         DATED: SEPTEMBER 12, 2024

          The Assembly Commerce, Economic Development and
      Agriculture Committee reports favorably Assembly Bill No. 360.
          This bill would amend the law concerning the feeding of black
      bear. Under current law, the prohibition on the feeding of black bear
      does not apply in the case of an unintentional feeding of a black bear.
      "Unintentional feeding" is defined in the law as using or placing any
      material for a purpose other than to attract or entice black bears but
      which results in the attraction or enticement of a black bear, and
      includes the use of bait for deer in accordance with section 1 of
      P.L.1997, c.424 (C.23:4-24.4) and the State Fish and Game Code.
          This bill clarifies that the prohibition applies to any food and
      includes the placement of food. The bill deletes the exemption for,
      and the definition of, "unintentional feeding," and replaces it with a
      specific list of activities or actions that are not considered to be the
      feeding of black bear. The bill provides that the following activities
      would not be subject to the prohibition 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 April 1 and November 30, provided that certain
      conditions are met; (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; (5) the feeding of companion animals, provided that any uneaten
      food is removed every night; and (6) any action by federal, State, or
      local authorities that requires feeding, baiting, or luring of wildlife for
      management or scientific purpose.
          The bill would also amend the current law concerning the use of
      civil penalties recovered for violations. Under current law, any
      penalties are to be paid to the Division of Fish and Wildlife. Under
      this bill, any penalties collected would be remitted to the municipality
      in which the violation occurred.
          This bill was pre-filed for introduction in the 2024-2025 session
      pending technical review. As reported, the bill includes the changes
      required by technical review, which has been performed.


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