Title 23, Title 23: FISH AND GAME, WILD BIRDS AND ANIMALS

23:2A-13. Liberal construction of act This act shall be liberally construed to effectuate the purpose and intent thereof. L.1973, c. 309, s. 13, eff. Dec. 14, 1973.

23:2A-13.1 Findings, declarations relative to ivory trafficking. 1. The Legislature finds and declares that ivory trafficking is at the highest rate ever recorded, with an estimated confiscation of more than 41 tons of illegal ivory worldwide in 2013; that despite laws to protect…

23:2A-13.2 Definitions relative to ivory trafficking. 2. As used in this act: "Ivory" means any tooth or tusk composed of ivory from any animal, including, but not limited to, an elephant, hippopotamus, mammoth, narwhal, walrus, or whale, or any piece thereof, whether raw ivory o…

23:2A-13.3 Additional prohibitions, penalties; exemptions. 3. a. In addition to the prohibitions established pursuant to, and the penalties imposed for violations of, R.S.23:4-27, "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), and any …

23:2A-13.4 Additional penalties, degree of crime; disposition of seized ivory. 4. a. In addition to any applicable penalties which may be imposed pursuant to R.S.23:4-27, "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), or any other appl…

23:2A-13.5 Rules, regulations. 5. The Department of Environmental Protection may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation and administration of this act. L.2014, c.22, s.5.

23:2A-14. Intentional feeding of black bears prohibited; violations, penalties 1. a. No person shall: (1) feed, give, place, expose, deposit, distribute or scatter any edible material or attractant with the intention of feeding, attracting or enticing a black bear; or (2) store p…

23:2A-15 Matching funds for certain federal grants to benefit wildlife, wildlife habitat. 1. a. There shall be appropriated each fiscal year to the Department of Environmental Protection a sum sufficient to provide the State match required to qualify for any federal grants or oth…

23:2A-16 Definitions relative to use of wild, exotic animals in traveling animal acts; exceptions; violations, penalties. 1. a. As used in this section: "Mobile or traveling housing facility" means a vehicle, including a truck, trailer, or railway car, used to transport or house …

23:2A-17 Short title. 1. This act shall be known and may be cited as the "Invasive Species Management Act." L.2025, c.290, s.1.

23:2A-18 Findings and declarations. 2. a. The Legislature finds and declares that non-native invasive species of plants, animals, and other organisms, which were intentionally or accidentally introduced into habitats and geographical areas where they did not evolve, possess the a…

23:2A-19 Definitions. 3. As used in this act: "Commissioner" means the Commissioner of Environmental Protection. "Council" means the New Jersey Invasive Species Council established by section 5 of this act. "Conditional use waiver" means an authorization issued by the Department …

23:2A-2 Legislative findings and declarations. 2. The Legislature hereby finds and declares the following: a. That it is the policy of this State to manage all forms of wildlife to insure their continued participation in the ecosystem; b. That species or subspecies of wildlife in…

23:2A-20 Prohibited invasive species. 4. a. The following species shall be considered prohibited invasive species: (1) Norway maple (Acer platanoides); (2) tree of heaven (Ailanthus altissima); (3) mimosa tree or Persian silk tree (Albizia julibrissin); (4) porcelain berry (Ampel…

23:2A-21 Establishing the New Jersey Invasive Species Council. 5. a. There is established in the department a New Jersey Invasive Species Council. The council shall consist of 19 members as follows: (1) the Commissioner of Environmental Protection or the commissioner's designee, …

23:2A-22 Recommendations to the commissioner, secretary; other responsibilities. 6. a. The New Jersey Invasive Species Council shall make recommendations to the Commissioner of Environmental Protection and the Secretary of Agriculture regarding invasive species. When determining …

23:2A-23 Rules and regulations. 7. a. No later than 12 months after the effective date of this act, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and in consultation with the Department of Agriculture, rules and r…

23:2A-24 Relation to contradictory ordinances, resolutions, rules, or regulations. 8. The provisions of this act and the rules and regulations adopted pursuant thereto shall supersede any contradictory ordinances, resolutions, rules, or regulations, which are, or have been, adopt…

23:2A-25 Enforcement of provisions; violations; penalties. 9. a. The Department of Agriculture and the Department of Environmental Protection shall jointly enforce the provisions of this act. For violations that involve the sale, offer for sale, propagation for sale, or importati…

23:2A-26 Adoption of rules and regulations; imposition of fees. 10. a. The Department of Agriculture shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning the enforcement of the prohibitions on the sale…

23:2A-3 Definitions. 3. For the purposes of P.L.1973, c.309 (C.23:2A-1 et seq.), unless the context clearly requires a different meaning: "Commissioner" means the Commissioner of the Department of Environmental Protection; "Department" means the Department of Environmental Protec…

23:2A-4 Investigations, list of endangered species. 4. a. The commissioner shall conduct investigations concerning wildlife indigenous to the State in order to develop information relating to populations, distribution, habitat needs, limiting factors and other biological and ecol…

23:2A-4.1 Diamondback terrapin designated nongame indigenous species. 1. a. Notwithstanding any law, rule, or regulation to the contrary, the diamondback terrapin shall be designated as a nongame indigenous species and shall be subject to the laws, rules, and regulations governin…

23:2A-5 Rules, regulations; inspections; fees. 5. a. The commissioner shall have the power to formulate and promulgate, adopt, amend and repeal rules and regulations, limiting, controlling and prohibiting the taking, possession, transportation, importation, exportation, sale or o…

23:2A-6 Prohibitions relative to certain species. 6. Except as otherwise provided in P.L.1973, c.309 (C.23:2A-1 et seq.) or the rules or regulations adopted thereunder, no person shall take, possess, transport, import, export, process, sell or offer for sale, or ship, and no comm…

23:2A-6.1 Prohibitions relative to products, parts of certain species; exceptions; rules, regulations; definitions. 6. a. Notwithstanding the provisions of section 6 of P.L.1973, c.309 (C.23:2A-6) or any other law, or any rule or regulation adopted pursuant thereto, to the contra…

23:2A-6.2 Activities permitted pursuant to conduct of biomedical research. 7. Notwithstanding the provisions of section 6 of P.L.1973, c.309 (C.23:2A-6), section 6 of P.L.2016, c.6 (C.23:2A-6.1), or any other State law, or any rule or regulation adopted pursuant thereto, to the c…

23:2A-7 Programs for conservation and management of nongame and endangered species of wildlife. 7. a. The commissioner shall establish such programs, including acquisition of land or aquatic habitats, as are deemed necessary for the conservation and management of nongame and enda…

23:2A-7.1 "Wildlife Corridor Action Plan," definitions. 1. a. As used in this section: "Action plan" means the "Wildlife Corridor Action Plan" developed pursuant to subsection b. of this section. "Crossing project" means a project within a wildlife corridor that incorporates addi…

23:2A-8. Obstruction, hindrance or delay of personnel of department No person shall obstruct, hinder or delay, or interfere with by force or otherwise, the performance by the department or its personnel of any duty under the provisions of this act, or refuse to permit such person…

23:2A-9. Investigation of suspected violators Whenever the department has cause to believe that any person is violating any provision of this act, or a rule or regulation promulgated pursuant to the provisions of this act, the department shall cause a prompt investigation to be m…