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New Jersey

New Jersey Statutes Annotated Currentness. Title 23. Fish and Game, Wild Birds and Animals. Chapter 7A. Preventing Lawful Taking of Wildlife.

Statute Details
Printable Version
Citation: NJ ST 23:7A-1 to 23:7A-3

Citation: N. J. S. A. 23:7A-1 to 23:7A-3


Last Checked by Web Center Staff: 01/2014

Summary:   This set of New Jersey laws comprises the state's hunter harassment provisions. No person may, for the purpose of hindering or preventing the lawful taking of wildlife. A person who violates this act shall be liable to a civil penalty of not less than $100 nor more than $500 for each offense. In addition to bringing a civil action for injunctive relief or any other relief provided by law, a person who is adversely affected by a violation of this act may bring a civil action for damages, including punitive damages and special damages, against the violator.


Statute in Full:


 

23:7A-1. Definitions

As used in this act:

“Taking” means to hunt, capture, kill, trap, catch, net, possess, or collect, or to attempt to hunt, capture, kill, trap, catch, net, possess, or collect, wildlife.

“Wildlife” means any wild mammal, bird, reptile, amphibian, fish, shellfish, mollusk, crustacean, or other wild animal, or any part, product, egg, or offspring, or the dead body or parts, thereof.

CREDIT(S)

L.1993, c. 11, § 1, eff. Jan. 15, 1993.

 

23:7A-2. Hindering or preventing the lawful taking of wildlife prohibited; specific acts prohibited

No person may, for the purpose of hindering or preventing the lawful taking of wildlife:

a. block, obstruct, or impede, or attempt to block, obstruct, or impede, a person lawfully taking wildlife;

b. erect a barrier with the intent to deny ingress to or egress from areas where wildlife may be lawfully taken;

c. make, or attempt to make, unauthorized physical contact with a person lawfully taking wildlife;

d. engage in, or attempt to engage in, theft, vandalism, or destruction of personal or real property;

e. disturb or alter, or attempt to disturb or alter, the condition or authorized placement of personal or real property intended for use in the lawful taking of wildlife;

f. enter or remain upon public lands or waters, or upon private lands or waters without permission of the owner thereof or an agent of that landowner, where wildlife may be lawfully taken;

g. make or attempt to make loud noises or gestures, set out or attempt to set out animal baits, scents, or lures or human scent, use any other natural or artificial visual, aural, olfactory, or physical stimuli, or engage in or attempt to engage in any other similar action or activity, in order to disturb, alarm, drive, attract, or affect the behavior of wildlife or disturb, alarm, disrupt, or annoy a person lawfully taking wildlife; or

h. interject himself into the line of fire of a person lawfully taking wildlife.

Subsections a., b., e., f., and g. of this section shall not apply to a law enforcement officer or conservation officer enforcing the laws of this State or any local ordinance, or a private landowner or agent thereof on land or waters owned by that private landowner.

CREDIT(S)

L.1993, c. 11, § 2, eff. Jan. 15, 1993.

 

23:7A-3. Violations; penalties; civil actions for injunctive relief, other relief provided by law and damages

a. The Director of the Division of Fish, Game and Wildlife may institute a civil action in the Superior Court for injunctive and other relief for a violation of this act, and the court may proceed in the action in a summary manner.

b. A person who violates this act shall be guilty of a petty disorderly persons offense.

c. A person who violates this act shall be liable to a civil penalty of not less than $100 nor more than $500 for each offense, to be collected in a summary proceeding under “the penalty enforcement law,” N.J.S. 2A:58-1 et seq. The Superior Court and the municipal court for the municipality in which the violation occurred shall have jurisdiction to enforce “the penalty enforcement law.”

d. For the purposes of subsections b. and c. of this section, if the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.

e. In addition to bringing a civil action for injunctive relief or any other relief provided by law, a person who is adversely affected by a violation of this act may bring a civil action for damages, including punitive damages and special damages, against the violator. Special damages may include, but need not be limited to, expenditures of the affected person for license and permit fees, travel expenses, guide fees and expenses, and the cost of special equipment and supplies, to the extent any such expenditures were rendered futile by the action or activities of the violator.

CREDIT(S)

L.1993, c. 11, § 3, eff. Jan. 15, 1993.

 

 



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