For Immediate Release
Contact: Jeff Tittel, Director of the New Jersey Sierra Club
The NJ Division of Fish and Game Council have proposed amendments to Game Code, N.J.A.C 7:25-5. The proposed 2020-21 Game Code, N.J.A.C. 7:25-5, provides when, under what circumstances, in what location, by what means, and what amounts and numbers, game-birds, game animals and fur-bearing animals may be pursued, taken, killed or had in possession. The Council believes that removal of the CBBMP as an appendix in the Game Code is appropriate because adopting a final CBBMP requires both Council and Commissioner approval, while the Game Code is within the Council’s sole authority.
“We are concerned the Murphy Administration is playing games with the game code. Despite their touting to end the bear hunt, we are not sure if this rule will actually end it. They currently have the power to end the bear hunt. By separating the CMP from the Game Code may not actually stop the hunt. Instead, it will create legal confusion and the hunting group will be able to challenge the rule. The rule change is giving the DEP authority that they already have. Why would they do that. We also don’t believe that the Game Council would pass a rule from having the hunt,” said Jeff Tittel, Director of the New Jersey Sierra Club. “By giving authority of the Game Code completely over to the Fish and Game violates the law and court cases. It also takes away one of the strongest tools for the Commissioner to stop the bear hunt. Governor Whitman was able to stop the hunt in 1999 by saying she was going to veto the entire Game Code.”
Existing N.J.A.C. 7:25-5.6(a) states that there is a season for black bears in accordance with the Comprehensive Black Bear Management Policy (CBBMP), included as an appendix to that section of the Game Code. The Council proposes to amend N.J.A.C. 7:25- 5.6(a) to clarify that, pursuant to United States Sportsmen’s Alliance Foundation v New Jersey Department of Environmental Protection, 182 N.J. 461 (2005), the Council may only authorize a black bear hunting season consistent with a current comprehensive policy for the protection and propagation of the black bear population developed by the Council and approved by the Commissioner.
“The authority of the Game Code lies solely on the Fish and Game. By doing this The DEP Commissioner is giving away her authority over the Game Code, even though that authority is in the law and has already been upheld in Supreme Court under the Safari International Case. By granting blanket authority to the Fish and Game Council to control the Game Code instead of the DEP means all activities for hunting does not need the Commissioner’s approval. It’s not only bad for bears, but for all other hunted species. In separating the Bear Management Plan from the Game Code, it gives hunters a chance to sue and overturn the BMP. This will then allow the Game Council control over bears and can add the bear hunt to the Game Code. DEP is technically removing the bears as a games species in the Game Code which they cannot do because they are names as game species in the law,” said Tittel. “Murphy’s attempt to cancel the hunt will only be for the next year when the adopt the management plan. Then it will most likely be overturned by the Fish and Game when they get authority and have a hunt for the next 6 years.”
In August, a coalition of twelve organizations including the NJ Sierra Club, the Humane Society of the United States and The Animal Legal Defense Fund filed a petition with the New Jersey Department of Environmental Protection under the Administrative Procedures Act to repeal rules permitting bear hunting and the Department’s Comprehensive Bear Management Policy. The coalition also sent a letter to Governor Murphy asking him to issue an Executive Order to stop the bear hunt. By stopping the hunt, it would allow the state to come up with a better management plan that actually manages bears, not just hunting them.
“Separating the Comprehensive Black Bear Management Policy from the Game Code looks like the administration is doing something when actually may not be. They have the ability to stop the hunt or accept our petition but they haven’t done so. We petitioned the DEP Commissioner for a rule change that would stop the bear hunt. The Murphy administration said we should not petition the DEP Commissioner even though that is what the law says. The administration said to go to Fish & Game, however the Safari case clearly states that the DEP Commissioner has responsibility over all rules and regulations like the bear hunt. It’s their way of rejecting our petition to stop the hunt and allow a private one to go forward,” said Tittel. “Why would the Game Council who want to continue a hunt support a rule that would end the hunt. They will just overturn the rule in court. The Commissioner is just trying to manipulate the public.”
New Jersey needs to teach people how to bear-proof their properties, including the importance of having no garbage out at night and using bear-proof containers and locked dumpsters. In order to properly manage black bears we need to regulate food sources for the black bears such as garbage. When bears see homes and humans as a source of food this is what creates not only nuisance bears but bear-human conflict.
“The new amendments to the CBBMP are just more spin, just like the Governor’s plan of prohibiting the hunt on public land. They both won’t work and will end doing more damage and killing more bears. The state needs to transition from hunting to a real management plan, one that includes strong education and uses warning signs in the region, education materials at trail heads, enforcing not feeding bears, and garbage management. There needs to be warning signs in bear country with posts at all trail heads with Do’s and Don’ts in bear country. We also need to teach people how to bear-proof their property, including the importance of having no garbage at night and bear proof containers. This will help avoid incidents and bear encounters in people’s homes,” said Tittel.
In light of the unprecedented circumstances of the COVID-19 pandemic, including the need to restrict unnecessary travel and adopt/adhere to social distancing practices, the public hearing will no longer be held live in Trenton. Rather, the hearing will be conducted virtually via the Department’s video conferencing software (Go To Webinar) on Wednesday, November 4, 2020 at 2 p.m.
“The Murphy Administration is misrepresenting the facts to go forward with another hunt. What’s even worse is that they still permit baiting and killing bear cubs. Without a real management plan, bears will change from a nuisance bear to an aggressive bear and will be put down. This will be an excuse to justify the hunt, even if the hunt takes place in areas where there aren’t nuisance bears. The black bear is a symbol that we still have wild places left in the state and that we haven’t completely given over to sprawl. The Governor's job is to control Fish and Game, not have them control the agenda for this Administration,” said Jeff Tittel, Director of the New Jersey Sierra Club.