NJAC 7:25-5.22

7:25-5.22 Wild animals; possession, killing

  1. No person shall have in possession, kill, attempt to take, hunt for, pursue, shoot, shoot at, trap, or attempt to trap any wild mammal or wild birds unless an open season for the taking of such birds or mammals has been declared by the New Jersey Fish and Game Laws or Code and then only during the respective open seasons fixed by the New Jersey Fish and Game Laws or Code, except as provided in 7:25-5.15(a), (b) and (c).

  2. This section shall not apply to the taking of English sparrows, European starlings, or blackbirds that are doing damage to crops or property; nor shall it apply to the taking of household pests such as Norway rats and house mice.

    1. Under Federal regulations, a person may kill yellow-headed, red-winged, bicolored red-winged, tricolored red-winged, and Brewer's blackbirds, cow-birds, all grackles, common crows and magpies when found committing or about to commit serious depredations upon any ornamental or shade tree, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. None of the birds killed, nor their plumage, shall be sold or offered for sale, but may be possessed, transported, and otherwise disposed of or utilized.

    2. Nothing in this section shall preclude a person from taking resident Canada geese or their nests or eggs as permitted by 50 CFR 21.49 through 21.61 as authorized by the U.S. Department of the Interior, Fish and Wildlife Service. Persons taking resident Canada geese or their nests or eggs under this section may be required to report on or keep a log of their activities if authorized by the U.S. Department of the Interior, Fish and Wildlife Service, as defined in 50 CFR Part 21.49 through 21.61. Methods and circumstances established by the U.S. Department of the Interior, Fish and Wildlife Service governing where Canada geese, or their nests or eggs, may be taken will be authorized by the Director, with the approval of the Council.

  3. Persons holding valid permits issued by the New Jersey Division of Fish and Wildlife for the possession or taking of any specific bird or mammal shall not be in violation of this section.

  4. The fact that a bird or mammal is not native to this State shall not constitute a defense to the possession, taking or attempting to take any wild bird or mammal in violation of this section.

  5. No person shall have in possession a deer, bear or turkey, or the parts thereof including the meat of a deer, bear or turkey, that he himself or she herself did not kill unless it has a tag or label bearing the date of harvest, possession seal number, and the name, address, telephone number, and license number of the person who killed the deer, bear or turkey.

    1. Those in the business of processing deer, bear or turkey, that is butchers, taxidermists, etc., shall keep a ledger of all of their customers. Each customer's name, current address, day and evening telephone number, hunting license number and the possession seal number of any black bear, deer or turkey being processed shall be included in the ledger. This ledger shall be made available for inspection upon request made during the hours of 9:00 A.M. to 5:00 P.M. by any law enforcement officer or employee of the Division of Fish and Wildlife.

    2. The possession seal which is issued at a designated black bear, deer or turkey check station shall always stay with the carcass, and with the meat after processing. If the black bear, deer or turkey is to be mounted by a taxidermist, the antlers, or in the case of a black bear, an antlerless deer or turkey, those parts of the animal being mounted, shall be labeled with the possession seal number and the name and address of the owner.

    3. Nothing in this section shall preclude a person from collecting and possessing naturally shed deer antler(s).

  6. Not for profit and non-commercial organizations, including civic associations, volunteer fire departments and first aid squads, the New Jersey State Federation of Sportsmen's Clubs and their county affiliates, sportsmen's clubs and other conservation organizations, may conduct "wild game or venison dinner" fund raising events. These dinners/events may include prepared and ready-to-eat game and furbearing animal meat on a per serving basis. The game meat, the sale of which is otherwise prohibited, and fur-bearer animal meat, must be harvested, registered if required, stored and processed in accordance with applicable State, county, and local laws and regulations.

  7. In addition to the wildlife species and/or parts listed in N.J.S.A. 23:4-27, the pelt including the tail of the eastern gray squirrel (Sciurus carolinensis) may be sold, as defined in N.J.S.A. 23:4-27.

  8. The authority for the adoption of the foregoing section is found in N.J.S.A. 13:1B-30, 23:4-43, 23:4-47, 23:4-48, 23:4-50 and other applicable statutes.

HISTORY: Amended by R.1997 d.327, effective August 4, 1997 (operative August 9, 1997). See: 29 N.J.R. 2213(a), 29 N.J.R. 3462(a). Inserted new (e); recodified former (e) as (f); and in (f), inserted additional N.J.S.A. references. Amended by R.1999 d.287, effective August 16, 1999 (operative August 21, 1999). See: 31 N.J.R. 1231(a), 31 N.J.R. 2338(a). In (e)1, inserted "and the possession seal number of any deer or turkey being processed" following "license number" in the second sentence; and in (f), inserted a reference to N.J.S.A. 23:4-48. Amended by R.2000 d.365, effective September 5, 2000 (operative September 10, 2000). See: 32 N.J.R. 1673(a), 32 N.J.R. 3294(a). In (e), inserted references to black bears throughout. Amended by R.2002 d.272, effective August 19, 2002, (operative August 24, 2002). See: 34 N.J.R. 1504(a), 34 N.J.R. 2973(a). Added (e)3; inserted a new (f) and (g) and recodified former (f) as (h). Amended by R.2003 d.359, effective September 2, 2003 (operative September 7, 2003). See: 35 N.J.R. 1804(a), 35 N.J.R. 4053(a). Amended by R.2005 d.321, effective September 19, 2005 (operative September 24, 2005). See: 37 N.J.R. 1959(a), 37 N.J.R. 3657(a). In (a), added 2; rewrote (e). Amended by R.2007 d.239, effective August 6, 2007. See: 39 N.J.R. 587(a), 39 N.J.R. 3324(a). In (b)2, inserted "Part 21.49 through" two times. Administrative correction. See: 39 N.J.R. 3737(b).