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

23:4-35. Search for gun; search warrant; right of entry The board, protector and wardens may, when they suspect the concealment of guns of the kind mentioned in section 23:4-31 of this title by an unnaturalized, foreign-born person, apply to a justice of the peace in this state, …

23:4-36. Gunning under influence of liquor or drugs prohibited; penalty No person shall go into the woods or fields at any time with a gun or firearm when under the influence of a drug or intoxicating liquor, under a penalty of fifty dollars ($50.00) for each offense. Upon the co…

23:4-37. Protection of fur-bearing animals; taking by traps No person shall, by moonlight or with the aid or by use of any lamp, lantern or artificial light, shoot or kill with a rifle of any kind or description, or any firearm or shotgun, a mink, muskrat or otter in this State, …

23:4-38.2. Trap of conibear or killer type; restriction on use No trap of the conibear or killer type shall be used in trapping unless such trap is submerged under water in accordance with rules and regulations promulgated by the Department of Environmental Protection. L.1971, c.…

23:4-38.3. Violations; penalty Any person violating the provisions of section 3 of this act shall be subject to a fine of not more than $50.00 for each offense and to the forfeiture of his license to trap. L.1971, c. 405, s. 4. Amended by L.1984, c. 37, s. 9.

23:4-39. Mink, muskrat or otter; open season; destruction of muskrats damaging dams or canal banks; state owned grounds No person shall hunt, pursue, take or trap a mink or otter in this State at any time, except during such period as provided by the State Fish and Game Code, or,…

23:4-40. Stealing traps or trapped animals No person shall take, carry away or unlawfully appropriate or purloin, with intent to steal: a. A trap, the property of another, set along, by or in any of the public or private ditches, streams, ponds or waters in this state for the pur…

23:4-41. Penalties Except as otherwise specifically permitted by this article, any person hunting, pursuing, taking or trapping a mink, muskrat, or otter in this State at any time except during the period designated therefor by the State Fish and Game Code, or, in the absence of …

23:4-42 Killing deer, season, permit to kill on cultivated land. 23:4-42. a. Except as provided in subsection b. of this section, no person shall hunt for, pursue, shoot at, take, kill, wound or attempt to take, kill or wound a deer of any description prohibited by the provisions…

23:4-42.1 Killing of deer causing crop damage permitted, conditions 1. Notwithstanding the provisions of R.S.23:4-45 or any other law, rule, regulation, or provision of the State Fish and Game Code to the contrary, whenever a permit is issued by the State to a person to kill deer…

23:4-42.2 Annual report to include number of deer killed pursuant to permits 2. The Division of Fish, Game and Wildlife shall include in its annual report the number of deer killed pursuant to permits issued for the purposes set forth in R.S.23:4-42. L.1997,c.123,s.2.

23:4-42.3 Application for special deer management area designation. 1. a. Whenever a county board of agriculture determines that a farm or farms located within the county has incurred significant crop damage caused by deer, based on evidence submitted by the county board of agric…

23:4-42.4 Submission of deer management plan. 2. a. Upon submission of an application pursuant to section 1 of P.L.2000, c.46 (C.23:4-42.3), or at any time thereafter, a county board of agriculture, municipal governing body, owner or operator of an airport, or county governing bo…

23:4-42.5. Exemption, variation from certain laws, etc. for implementation of alternative control methods 3. a. The Fish and Game Council may authorize an exemption or variation from the following laws, rules or regulations to the extent necessary and appropriate to implement the…

23:4-42.6. Special deer management permit; issuance 4. a. The division shall issue a special deer management permit to any applicant authorized to implement an alternative control method set forth in an approved community based deer management plan. The permit shall identify the …

23:4-42.7. Venison, donation program, permanent 1. a. The Commissioner of Health and Senior Services, in consultation with the Commissioner of Environmental Protection, the Secretary of Agriculture and the chairman of the Fish and Game Council, shall establish a venison donation …

23:4-42.8 Guidelines for venison donation program. 3. The Commissioner of Health and Senior Services shall develop guidelines, in consultation with the Commissioner of Environmental Protection, the Secretary of Agriculture and the chairman of the Fish and Game Council, to effectu…

23:4-43 Possession of wild deer. 23:4-43. Except as provided by this section, no person shall have in possession in this State any wild deer other than during the open season for hunting deer as established in the State Fish and Game Code and such deer in possession must have bee…

23:4-44. Weapons authorized for hunting deer; kinds; caliber; size of shot. 23:4-44. A person engaged in hunting for wild deer shall not use a firearm except as may be prescribed by the State Fish and Game Code while engaged in hunting for deer during the open season. It shall be…

23:4-45. Deer-hunting restrictions a. No person shall hunt for, pursue, stalk, shoot at or attempt to take, kill, injure or destroy a wild deer, except by daylight on the days and at the times designated by the State Fish and Game Code. b. No person or persons while in or on a ve…

23:4-46 Use of dogs to track wild deer. 23:4-46. a. No person shall at any time, or for any reason, hunt for, track, search for, seek, capture, or kill a wild deer with a dog. b. Notwithstanding the provisions of subsection a. of this section to the contrary, a person permitted b…

23:4-47 Dead deer, tagging procedures, transportation; violations, penalties; rules, regulations. 23:4-47. A person who kills a deer in this State at any time during the legal seasons shall immediately attach thereto the deer transportation tag supplied with the hunting license a…

23:4-48. Penalties Except as otherwise specifically permitted by this article: any person hunting for, pursuing, shooting at, taking, killing, wounding, having in possession in this State or attempting to take, kill or wound a deer of any description other than as permitted by th…

23:4-49. "Game bird" defined As used in this article, "game bird" includes the following: The anatidae, commonly known as geese, brant and river and sea ducks but excepting swans; rallidae, commonly known as rails, gallinules, coots and mud hens; limicolae, commonly known as shor…

23:4-50. Wild birds other than game birds; capturing; killing; possession; sale; penalties; enforcement 23:4-50. a. As used in this section, except as otherwise noted: "Department" means the Department of Environmental Protection. "Wild bird" means any bird other than a native, i…

23:4-51. Robbing nests or taking eggs prohibited; exception; penalty No person shall rob the nests or take or destroy the eggs of any wild bird other than the English sparrow, under a penalty of twenty dollars for each nest robbed and each egg so removed or destroyed.

23:4-52. Collecting mammals, reptiles, amphibians, fish and birds, and their nests and eggs for scientific purposes; certificate The Division of Fish, Game and Shellfisheries may grant to a properly accredited person, 18 years of age or over, a certificate permitting him to colle…

23:4-53. Wild pigeons protected; penalty Any provision of law or of the State Fish and Game Code to the contrary notwithstanding, no person shall capture, kill, injure or have in possession, living or dead, or attempt to capture, kill or injure, a wild or passenger pigeon, or des…

23:4-55. Beaver trapping permits 23:4-55. No person shall trap, take, capture, kill or have in possession a beaver, except as authorized by a valid permit at a time and in a manner prescribed by the State Fish and Game Code. In the absence of provisions for a season and limit in …

23:4-56. Acquisition of land by United States for migratory bird reservations Consent of this state is given to the acquisition by the United States by purchase, gift, devise or lease of any areas of land or water, or of land and water, in this state which the United States deems…

23:4-57. Penalty for liberating foxes No person shall liberate a fox within this state, under a penalty of one hundred dollars for each offense.

23:4-58. Possession of live fox prohibited; penalty No person shall have a live fox in possession in this state except by permission of the board, under a penalty of one hundred dollars for each live fox so had in possession.

23:4-58.1. Hunting foxes with hounds and firearms; penalty No person shall hunt foxes with hounds and firearms except during such time and period prescribed by the State Fish and Game Code, and, in the absence of such provisions in said code, no person shall hunt foxes with hound…

23:4-58.3. Killing other game while hunting foxes; penalty Any person hunting foxes who shall kill, injure, destroy or have in possession any bird or animal the killing of which is prohibited shall be liable to a penalty of one hundred dollars for each bird or animal killed, inju…

23:4-62.2. Bounties or premium for killing prohibition No county or municipality shall hereafter pay any premium or bounty for the killing of any fox or woodchuck. L.1975, c. 164, s. 1, eff. July 23, 1975.

23:4-63.1. Penalty for liberating coyotes No person shall liberate a coyote within this State, under a penalty of one hundred dollars ($100.00) for each offense. L.1939, c. 42, p. 61, s. 1.

23:4-63.2. Possession of live coyote prohibited; penalty No person shall have a live coyote in possession in this State except by permission of the board, under a penalty of one hundred dollars ($100.00) for each live coyote so had in possession. L.1939, c. 42, p. 61, s. 2.

23:4-63.3. Possession, release of certain animals, prohibited; terms defined 1. a. No person may possess any live indigenous animal, live exotic animal, live potentially dangerous indigenous animal, or live potentially dangerous exotic animal except as authorized pursuant to a pe…

23:4-63.4. Violations; penalties 2. a. If any person violates any provision of section 1 of P.L.1962, c.127 (C.23:4-63.3), or any permit issued or rule or regulation adopted pursuant thereto, the Department of Environmental Protection may institute a civil action in a court of co…

23:4-63.5. Right to use mechanical devices to repel marauding birds and other wildlife 1. Any provision of law or municipal ordinance to the contrary notwithstanding, any owner of lands used for agricultural purposes, shall pursuant to rules and regulations promulgated by the Div…

23:4-63.6. Issuance of permits; cancellation; rules and regulations 2. The Division of Fish and Wildlife is authorized to issue permits to the owners of lands used for agricultural purposes for the use of such devices and no such device shall be used by any person without first o…

23:4-63.7. Disposal of dead wildlife by authorized personnel Except as provided in R.S. 23:4-23, nothing contained in the provisions of this Title shall be construed so as to prohibit or limit the disposal, by State or municipal police officers, or by personnel authorized thereby…

23:4-64. Sale of bittersweet prohibited; penalty; enforcement It shall be unlawful to take for the purpose of sale, sell, or expose for sale, any bittersweet growing in the wild, under a penalty of ten dollars for each offense. This section shall not apply to the sale of this vin…

23:4-8. Female English or ring-necked pheasant protected; exceptions No person shall hunt for, pursue, capture, kill, possess, injure or destroy any female English or ring-necked pheasant under a penalty of $20.00 for each female pheasant hunted for, pursued, captured, killed, po…

23:4-9. Trapping or shooting squirrels and rabbits by farmers and fruit growers Nothing contained in this Title or in any provision of the State Fish and Game Code shall be construed as to prevent farmers or fruit growers from shooting, or trapping by means of box traps, gray squ…

23:5-1. Open season for certain fish; penalty No person shall catch, take, kill or have in possession any: a. Black bass, Oswego bass, white bass, rock bass, calico bass or crappie, except during such period as prescribed by the respective provisions of the State Fish and Game Co…