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

Summary

Statement of the Assembly Commerce, Economic Development and Agriculture Committee, State of New Jersey, dated September 12, 2024, reporting favorably Assembly Bill No. 360, which would amend the law on the feeding of black bear. The bill clarifies that the prohibition applies to any food and its placement, and deletes the exemption for "unintentional feeding," replacing it with a list of activities not considered feeding. The list includes a birdfeeder maintained between April 1 and November 30 under certain conditions, and the feeding of companion animals if uneaten food is removed every night. Penalties collected would be remitted to the municipality in which the violation occurred rather than the Division of Fish and Wildlife.

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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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