N.J. Admin. Code § 7:25-5.32

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:25-5.32 - Special Wildlife Management Permits

(a) Special permits, known as special wildlife management permits, may be issued by the Director, in his or her discretion for the taking of any game species, indigenous animal, exotic animal, potentially dangerous indigenous animal, or potentially dangerous exotic animal by any lawful manner and means and at any time subject to the requirements of this section. Such permits shall be valid for the times, conditions and areas or installations indicated thereon and need not conform to the provisions applicable to general permits.

(b) In granting this special wildlife management permit, the Director shall consider any data available to him including, but not limited to, damage being done to crops or property, the hazard posed to safe airport operations, the biological condition of the animal or any other special management problem. The permittee and their agent(s) shall adhere to the following conditions:

1. The permittee and their agents shall conform to applicable Federal, State, and local statutes, rules, codes, and ordinances pertaining to the use and discharge of firearms, and the setting of traps.

2. The permittee and their agents shall comply with the means, methods of take, dates, hours, recordkeeping requirements and other conditions prescribed by the Division and listed on the special wildlife management permit. Failure to comply with any of the conditions or requirements of the permit or the provisions of this subchapter may be cause for revocation of the permit and may cause denial of issuance of subsequent permits.

3. Only firearms prescribed by the Division may be used to kill wild deer, wild turkey, black bear, coyote, woodchuck, fox, raccoon, opossum, skunk or other wildlife listed on the permit. For situations involving the use of a firearm, the permit will not be issued until a field investigation is performed by Division personnel. Under exigent circumstances, the Division may issue a permit for one day only without prior confirmation of necessity by field investigation; provided that a field investigation can be performed by Division personnel within seven days.

4. Firearms shall not be discharged from any vehicle.

5. No loaded firearm shall be possessed and no firearm may be discharged within 450 feet of an occupied building or school playground unless the permittee or their agent has written authorization in hand from the owners or lessees of said building(s).

6. The permit is valid only for the lands, species, times and dates specified on the permit.

7. Permits issued to airports to control wildlife on or near runways will be valid only during the hours in which the airport runway(s) is/are operational, unless otherwise specified on the permit.

8. Permits must be made available for visual inspection to any interested party.

9. Division representatives must have access to lands listed on the permit at any reasonable time.

10. Permittees must keep written daily records of all shooting activity and mortality, including the date, species and sex of any animal killed. Said records must be available to the Division for inspection at any time.

11. Wildlife killed pursuant to the permit must be disposed of as prescribed by the permit. No wildlife killed under a permit may be sold or bartered; however, the Division may authorize the permittee to annually keep for consumption of meat only up to ten deer or five wild turkey or one black bear shot under a permit and/or may designate a not for profit or non-commercial organization that may receive deer killed under the permit. Wildlife taken on the permit and designated for consumption shall be tagged immediately with possession seals provided by the Division. A written record including the date, possession seal number and person or organization receiving wildlife shall be made and provided to the Division within two weeks of the expiration of the permit. Deer antlers, turkey feathers, skins and other inedible parts must be disposed of and may not be kept by the permittee or their agents.

12. Wildlife carcass disposal shall be the responsibility of the permittee and shall be in compliance with State and local statutes, rules, codes, ordinances and the conditions of the permit. Transportation of wildlife carcasses for disposal shall be as directed by the Division.

13. All agents listed on the permit who are involved in the handling or shooting of firearms under the permit must have a valid New Jersey firearm license and a valid State of New Jersey Firearms Purchaser Identification Card. Persons listed on the permit that do not have a valid New Jersey Firearm License and a valid State of New Jersey Firearms Purchaser Identification Card may assist by holding lights, driving a vehicle, or other ways, but are prohibited from handling or shooting of firearms.

14. Within two weeks of the expiration of the permit, the permittee shall file a written report of activities. The report shall include the date, species and number of wildlife taken; the sex of any deer, black bear or turkey killed; and any additional information that may be required.

15. Failure to comply with any of the provisions of the subchapter or requirements of the permit may be reason to cause revocation of the permit or denial of subsequent permits.

(c) Issuance of additional permit shotgun and muzzleloader season deer permits for specific farms within oversubscribed deer management zones shall be based on the following criteria:

1. The farm must include an area of 10 acres or more, produce a gross income in excess of $ 500.00, be assessed as farm land and have a documented history of deer damage;

2. The permit shall only be valid for the specific farm applied for and shall not be transferable; and

3. Site specific permits shall be issued for use only on farms with a history of deer damage. Site specific shotgun permits will only be issued if the regular permits are sold out. Site specific muzzleloader permits will only be issued if the regular quota of muzzleloader permits is sold out. There will be no limit on the number of site specific permits that can be issued. The permits shall be for antlerless deer only.

(d) Subject to the requirements of the subsection, the Director may, in his or her discretion, designate special deer management areas and issue Special Deer Management Permits to administer alternative deer control methods as part of an approved community based deer management plan.

1. As used in this section, except as otherwise noted:

"Agent" means a volunteer(s) or paid individual(s) listed by the cooperator on their Special Deer Management Permit to employ alternative deer control methods. Agents are restricted to weapons and/or ammunition as specified in the Game Code at N.J.A.C. 7.25-5.23 and 5.24.

"Alternative deer control methods" means those techniques other than traditional hunting employed to reduce deer populations, which techniques may include, but not be limited to, shooting by agents, capture and euthanize, capture and remove, the use of materials and methods to limit reproduction and controlled hunting.

"Biological carrying capacity" means the maximum number of deer that a given land area can support in good health over an extended period of time.

"Community based deer management plan" is a plan submitted by a cooperator in accordance with 23:4-42.4 and this section involving the use of alternate control methods to reduce the number of deer in an area designated as a special deer management area.

"Controlled hunting" means an alternative deer control method involving the capturing, taking or killing of deer during a modified season which is usually more restrictive then traditional hunting in terms of hunter density, methods of take, size of huntable area, etc. than deer hunting elsewhere in New Jersey as approved by the Council.

"Cooperator" means the local authority(ies), including airports, county boards of agriculture, county and municipal governing bodies, or a combination thereof, and/or instrumentalities thereof that have secured the approval of their applicable governing body(ies), cooperating in the administration of a community based deer management plan.

"Coordinator" means the Division of Fish and Wildlife employee(s) designated by the Director as the Division's official representative who with the local authority(ies) will develop and monitor the administration of the community based deer management plan.

"Council" means the Fish and Game Council which is an 11-member body which has legislative authority to determine seasons, bag limits and manners and means of take for game species, and establishes policy regarding these matters.

"Cultural carrying capacity" means the number of deer that can co-exist compatibly with the local human population in a given area.

"Deer" means white-tailed deer (Odocoileus virginianus).

"Director" means the Director of the Division of Fish and Wildlife.

"Division" means the New Jersey Department of Environmental Protection, Division of Fish and Wildlife.

"Huntable" means those sites on which, due to their size, location and available habitat, traditional or controlled deer hunting seasons can be conducted.

"Special Deer Management Area" is an area designated by the Division as an area having excessive agricultural or property damage caused by an over abundance of white-tailed deer or an area within and adjacent to an airport where deer constitute a hazard to the safe operation of aircraft.

"Special Deer Management Permit" is a permit issued to the cooperator by the Division upon approval of the community based deer management plan by the Division and the Council authorizing the reduction of a deer population within a designated special deer management area, subject to conditions set by the Division and Council.

"Traditional hunting" means the pursuit of deer by licensed hunters during annual prescribed open seasons as approved by the Council and provided by the game code (firearm and bow) without additional restrictions.

2. A cooperator experiencing significant agricultural or property damage caused by deer or a significant number of deer-vehicle collisions caused by deer or a hazard to the safe operation of aircraft caused by deer may request assistance from the Division in order to develop an application requesting designation of a special deer management area(s) for lands under their jurisdiction. Such applications shall contain a quantitative description of the significant damage caused by deer to agricultural crops or property, or the number of deer-vehicle collisions within the proposed special deer management area; and a map and description of the proposed deer management area, including the approximate acreage of the proposed deer management area. Whenever possible, the boundaries of the area shall coincide with readily recognizable boundaries such as roads, natural features such as streams or already established legal boundaries such as well posted property or administrative boundaries.

i. A cooperator may submit an application for designation as a special Deer Management Area concurrently with an application for approval of a community based deer management plan. Two or more municipalities may submit a single application for a special deer management area that covers more than one municipality.

ii. The Division or the county board of agriculture may request the Center for Wildlife Damage Control of Rutgers University to coordinate and facilitate the development of a special deer management area and a community based deer management plan for an agricultural area.

iii. After consultation with the cooperator, the Division and Council may modify the area proposed for designation in an application.

3. Following the designation of a Special Deer Management Area or concurrent with the application for such an area, the cooperator, with the Division coordinator and, if applicable, the Center for Wildlife Damage, may submit for approval by the Division and Council a community based deer management plan. Such plan shall be submitted to the Division 120 days prior to the proposed date of implementation and shall:

i. Include a quantitative estimate of the current deer population or deer population density and the intended target population or density necessary to reduce the damage caused by deer;

ii. Describe the proposed alternative control methods to reduce the number of deer in the special deer management area including the extent to which traditional hunting is or is not applicable. The description of the proposed alternative method shall include detailed information, including but not limited to, the capture methodology, the type of traps and destination of deer to be removed or the method of euthanasia; the culling methodology including type of weapons, type of ammunition, hours of culling activities, shooting methodology such as baiting, shooting from platforms or detailed information on other methods to be employed. Any proposal for reduction by limiting reproduction shall also adhere to the provisions of 7:25-5.37, in addition to those applicable provisions of this section 7:25-5.32;

iii. Identify any organization that shall participate in the implementation of the alternative control methods proposed in the plan, and describe their qualifications. Cooperators shall include documentation denoting that volunteers or employees of the cooperator, or their agents which will cull deer using firearms possess a valid firearm hunting license, a valid rifle permit if required, and a valid New Jersey Firearms Purchaser Identification Card or proof that the person is in compliance with the applicable laws of the person's state of residence. Cooperators shall provide a notarized letter that all agents involved in culling deer using firearms have passed the following shooting qualifications. Agents using rifles are required to pass that portion of the New Jersey Division of Criminal Justice, Scoped Rifle Qualifications from 50 and 25 yards which requires shooting two-inch and one and one-half inch targets from a sitting or kneeling position with artificial support. Agents using shotguns with slugs must be able to shoot a three-inch group, twice at 40 yards. Unless otherwise authorized, qualified agents using rifles must shoot deer at no more than 50 yards. Unless otherwise authorized, qualified agents using shotguns must shoot deer at no more than 40 yards;

iv. Describe the methods and timing thereof that shall be used to notify the public, including residents located within and adjacent to the special deer management area, of the alternative control methods proposed in the plan and the specific times and places when and where they will be used. Such methods shall at a minimum include written notice to adjacent landowners when the control method includes culling deer;

v. Describe the precautions that will be taken to ensure the safety of the public. Such provisions shall at a minimum include the use of local police or appropriate law enforcement authority to enforce the closure of roads if necessary, the restriction of the normal use of public land not normally open to hunting, when deemed necessary by the Division or Council, or if required by the county prosecutor as a condition for the use of silencers or suppressors;

vi. Document the written consent of each affected landowner for access to that person's land if access to private property is necessary to implement the plan;

vii. Attach a resolution adopted by the cooperator's governing body endorsing the application for approval of a community based deer management plan and special deer management permit. If the proposed alternate control methods require exemptions from restrictions concerning traditional weapons and/or ammunition used for deer hunting, exemptions regarding the hunting by the aid of lights and/or motor vehicles, the transportation of weapons within motor vehicles and/or the normal hours authorized for hunting deer, a resolution endorsing the plan adopted by the governing body of the municipality(ies) in which the special deer management area is located shall also be included;

viii. Include a description of a plan to implement the following measures: discouragement of deer feeding, support of traditional hunting where practicable, reasonable efforts to utilize deer killed by non-traditional means, including a plan by the cooperator to ensure donation of venison to the needy;

ix. If the alternate deer control includes the use of silencers or suppressors, include prior written authorization from the county prosecutor of the county in which the special deer management area is located; and

x. Include such additional information as the Division or the Council may determine to be necessary to properly review a community based deer management plan.

4. All costs associated with the application of alternative deer control options, including, but not limited to, those associated with the processing of venison, shall be borne by the Cooperator.

5. Fertility control methodologies, including contraception, contragestation and sterilization materials and procedures, may be used by the cooperator and/or its agents who have been issued the Special Permit to Inhibit Wildlife Reproduction approved by the Council and issued by the Division at N.J.A.C. 7:25-5.37. Approval for such efforts shall be restricted to bona fide researchers, following review and approval of a study plan by the Council and the Department of Animal Science, Cook College-Rutgers University. Any experimental use of chemicals and vaccines to inhibit wildlife reproduction on free-ranging deer populations shall be restricted to those individuals granted an Investigational Exemption for a New Animal Drug (INAD) by the U.S. Food and Drug Administration and the Special Permit to Inhibit Wildlife Reproduction, for use of those specific substances at specified locations.

6. Upon approval of the Special Deer Management Area and community based deer management plan by the Division and the Council, the Division shall issue a special deer management permit authorizing the cooperator to implement the alternate control method(s). The permit shall incorporate the community based deer management plan by reference and shall identify duration of the permit, the time, place and alternate control method authorized by the Division and Council, the name of each individual authorized to administer the alternate control method, any exemption or variance from a law, rule or regulation authorized by the Council and any special conditions established by the Council.

i. Individuals administering the alternative control method must not have been convicted of any violation of the fish and game laws of this State or any other state, or of any violation of any provision of the New Jersey Fish or Game Codes within five years of the issuance of the special deer management permit; or of violation of any law or rules authorized by these statutes included in 23:4-16.d, 23:7-1, 23:7-3, 23:9A-1 or 23:9A-2, or 23:4-42, 23:4-43, 23:4-44, 23:4-45, 23:4-46, 23:4-47, 23:4-47.1, or 23:4-48, within 10 years of issuance of the special deer management permit. Any individual who has been convicted of said laws or regulations shall be ineligible to administer alternate control methods as provided for in the deer management permit.

7. No person shall implement an alternate control method except when in possession of a Special Deer Management Permit issued by the Division. The permittee shall provide a copy of the permit issued by the Division to that individual named in the permit that is authorized to administer the alternate control method.

8. During the implementation of the alternate control method, the Division may monitor operations in order to ensure compliance, ensure public safety, ensure the proper treatment of any animals captured, ensure proper disposition of deer remains, carcasses and/or venison. Unless otherwise authorized on the permit, antlers and other parts not disposed of are the property of the State.

9. Upon expiration of a special deer management permit, the cooperator shall file a report, which shall include information on the costs, and efficacy of the alternate control method(s) employed to reduce the deer population and reduce deer damage.

10. Failure to comply with any of the provisions or requirements as contained in the Special Deer Management Permit and any applicable law may be cause for revocation of the permit or denial of subsequent permits.

(e) Authority: The authority for the adoption of the foregoing section is found in 13:1B-27 et seq., 13:1B-30, 23:4-1 et seq., 23:4-42, 23:4-43, 23:4-44, 23:4-45, 23:4-47, 23:4-52, 23:4-63.3 and other applicable statutes.

N.J. Admin. Code § 7:25-5.32

Amended by R.1995 d.427, effective 8/7/1995.
See: 27 N.J.R. 1897(a), 27 N.J.R. 2889(a).
Amended by R.1999 d.287, effective 8/16/1999 (operative August 21, 1999).
See: 31 N.J.R. 1231(a), 31 N.J.R. 2338(a).
Rewrote the section.
Amended by R.2000 d.365, effective 9/5/2000 (operative September 10, 2000).
See: 32 N.J.R. 1673(a), 32 N.J.R. 3294(a).
Amended by R.2001 d.300, effective 8/20/2001 (operative August 25, 2001).
See: 33 N.J.R. 1527(a), 33 N.J.R. 2829(a).
Rewrote section.
Amended by R.2002 d.272, effective 8/19/2002, (operative August 24, 2002).
See: 34 N.J.R. 1504(a), 34 N.J.R. 2973(a).
Added (d)6i.
Amended by R.2003 d.359, effective 9/2/2003 (operative September 7, 2003).
See: 35 N.J.R. 1804(a), 35 N.J.R. 4053(a).
In (d), rewrote 3iii and inserted "approved by the Council and" following "Reproduction" and substituted "Council" for "Division" preceding "and the Department of Animal Science" in 5.
Amended by R.2005 d.321, effective 9/19/2005 (operative September 24, 2005).
See: 37 N.J.R. 1959(a), 37 N.J.R. 3657(a).
Rewrote (b), adding 1-15.
Amended by R.2007 d.239, effective 8/6/2007.
See: 39 N.J.R. 587(a), 39 N.J.R. 3324(a).
In (a), inserted ", indigenous animal, exotic animal, potentially dangerous indigenous animal, or potentially dangerous exotic animal".
Amended by R.2011 d.237, effective 9/6/2011 (operative September 11, 2011).
See: 43 N.J.R. 1112(a), 43 N.J.R. 2307(a).
In (d)1, in definition "Cooperator", inserted "county and".