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 Protection;
"Endangered species" means any species or subspecies of wildlife whose prospects of survival or recruitment are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors: (1) the destruction, drastic modification, or severe curtailment of its habitat, or (2) its over-utilization for scientific, commercial or sporting purposes, or (3) the effect on it of disease, pollution, or predation, or (4) other natural or manmade factors affecting its prospects of survival or recruitment within the State, or (5) any combination of the foregoing factors. The term shall also be deemed to include any species or subspecies of wildlife appearing on any federal endangered species list;
"Nongame species" means any wildlife for which a legal hunting or trapping season has not been established or which has not been classified as an endangered species by statute or regulation of this State;
"Take" means to harass, hunt, capture, kill, or attempt to harass, hunt, capture, or kill, wildlife;
"Wildlife" means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean or other wild animal or any part, product, egg or offspring or the dead body or parts thereof.
L.1973, c.309, s.3; amended 1981, c.281, s.1; 2016, c.6, s.2.
Structure New Jersey Revised Statutes
Title 23 - Fish and Game, Wild Birds and Animals
Section 23:1-2 - "Waters of this state" construed
Section 23:1-3 - Season includes date of beginning and end
Section 23:1-4 - Inapplicability to public museums or natural history societies
Section 23:2-2 - Powers and duties of board; annual report
Section 23:2-3 - Stocking with fish, birds and game restricted to certain places
Section 23:2-4 - Protector, assistant protector and wardens; appointment; compensation
Section 23:2-5 - Payment of compensation and expenses
Section 23:2-6 - Powers and duties of protector and wardens
Section 23:2-7 - Wardens may be armed
Section 23:2-8 - Summary arrest; aid by peace officers
Section 23:2-9 - Payment of appropriations
Section 23:2-10 - Deputy wardens; appointment
Section 23:2-11 - Power and authority.
Section 23:2-12 - Impersonating warden; penalty
Section 23:2-13 - Hooked on Fishing-Not on Drugs Program.
Section 23:2-14 - Collection, maintenance of data; annual report.
Section 23:2-15 - Rules, regulations.
Section 23:2A-2 - Legislative findings and declarations.
Section 23:2A-3 - Definitions.
Section 23:2A-4 - Investigations, list of endangered species.
Section 23:2A-4.1 - Diamondback terrapin designated nongame indigenous species.
Section 23:2A-5 - Rules, regulations; inspections; fees.
Section 23:2A-6 - Prohibitions relative to certain species.
Section 23:2A-6.2 - Activities permitted pursuant to conduct of biomedical research.
Section 23:2A-8 - Obstruction, hindrance or delay of personnel of department
Section 23:2A-9 - Investigation of suspected violators
Section 23:2A-10 - Violations; penalties; enforcement.
Section 23:2A-11 - Severability
Section 23:2A-12 - Functions, powers and duties of department under other laws
Section 23:2A-13 - Liberal construction of act
Section 23:2A-13.1 - Findings, declarations relative to ivory trafficking.
Section 23:2A-13.2 - Definitions relative to ivory trafficking.
Section 23:2A-13.3 - Additional prohibitions, penalties; exemptions.
Section 23:2A-13.4 - Additional penalties, degree of crime; disposition of seized ivory.
Section 23:2A-13.5 - Rules, regulations.
Section 23:2A-14 - Intentional feeding of black bears prohibited; violations, penalties
Section 23:2A-15 - Matching funds for certain federal grants to benefit wildlife, wildlife habitat.
Section 23:2B-2 - Legislative findings; state policy
Section 23:2B-4 - Marine Fisheries Council.
Section 23:2B-5 - Powers and duties of council
Section 23:2B-6 - Preparation of fisheries management plans; rules and regulations
Section 23:2B-7 - Powers and duties of commissioner
Section 23:2B-11 - Interference or damage to devices used to take fish
Section 23:2B-13 - Review of previously adopted rules and regulations.
Section 23:2B-14 - "Act" defined, penalties; enforcement.
Section 23:2B-15.1 - Division of Fish and Wildlife constituted.
Section 23:2B-16 - Severability; liberal construction
Section 23:2B-17 - Pending actions or proceedings; preexisting orders, rules and regulations
Section 23:2B-18 - Saltwater recreational anglers license
Section 23:2B-19 - Taking, processing of fish on certain vessels in marine waters prohibited.
Section 23:2B-21 - Moratorium on taking of horseshoe crabs, exceptions; shorebird management plan.
Section 23:2B-22 - Registry program for saltwater recreational anglers; violations, penalties.
Section 23:2B-23 - Prohibition on sale, possession of shark fins; exceptions; violations, penalties.
Section 23:2B-24 - Possession in Excess of Daily Limit Vessel License.
Section 23:2B-25 - "Marine Fisheries Program Support Account."
Section 23:3-1 - License for hunting, fishing, or trapping; penalty; exceptions.
Section 23:3-1a - Fees; adjustment by council, once
Section 23:3-1b - "Free fishing" days
Section 23:3-1c - Application fee for each permit, license.
Section 23:3-1d - Pennsylvania fishing license holders permitted to fish in Delaware river
Section 23:3-1e - Members of New Jersey National Guard, disabled veterans exempt from certain fees.
Section 23:3-1g - Fee for hunting migratory birds.
Section 23:3-1.1 - "All Around Sportsman License."
Section 23:3-2 - Minimum age for issuance of license; misrepresentation; penalty.
Section 23:3-3 - Youth hunting license.
Section 23:3-3.1 - Issuance of apprentice firearm, bow and arrow licenses.
Section 23:3-4 - Types of licenses; fees.
Section 23:3-4.1 - One-day license; fee.
Section 23:3-4.2 - Applicants 10 or over; certificate showing completion of gun safety course.
Section 23:3-4.3 - Instructors of methods of handling firearms
Section 23:3-4.4 - Forwarding of certificates
Section 23:3-4.5 - Instruction and certificate to be without charge
Section 23:3-4.6 - Application to issuance of youth hunting licenses.
Section 23:3-4.7 - Conditions for issuance of firearm hunting license; fines.
Section 23:3-4.8 - Effective date
Section 23:3-4.9 - Special limited fishing licenses; issuance; fee
Section 23:3-4.10 - Migrant or farm labor camp resident; issuance of license
Section 23:3-4.11 - Rifle permit; fee.
Section 23:3-5 - Button or tag worn by licensee
Section 23:3-6 - License blanks and buttons or tags
Section 23:3-7 - Issuance of license and buttons or tags
Section 23:3-7.1 - Certificate of completion of bow and arrow safety course.
Section 23:3-7.2 - Instruction agents; issuance of certificates
Section 23:3-7.3 - Forwarding certificates to division
Section 23:3-7.4 - Charge for certificate or instruction
Section 23:3-7.5 - Application to issuance of youth hunting licenses.
Section 23:3-7.6 - Requirements for issuance of bow and arrow license; fines.
Section 23:3-7.7 - Effective date
Section 23:3-7.9 - Designation of agents to give instructions and issue certificates
Section 23:3-7.10 - Certificate; forwarding to division
Section 23:3-7.11 - No charge for certificate or instructions
Section 23:3-8 - Stubs attached to license; spoiled blanks
Section 23:3-9 - Monthly returns to division; retention of issuance fees
Section 23:3-10 - Division's monthly return to state treasurer
Section 23:3-11 - Disposition of fees
Section 23:3-12 - Hunters' and anglers' license fund
Section 23:3-12.1 - "Shellfisheries Management Account" established
Section 23:3-12.2 - "Oyster Resource Development Account."
Section 23:3-13 - Annual returns to division
Section 23:3-14 - Penalty for failure to make return or report
Section 23:3-15 - Failure to turn over moneys by clerk, warden or magistrate; misdemeanor
Section 23:3-16 - Licenses and buttons or tags to be issued promptly
Section 23:3-17 - Registrars of licenses
Section 23:3-18 - Antedating license a misdemeanor
Section 23:3-19 - Records open to public
Section 23:3-20 - Penalty for violations of article
Section 23:3-21 - Procuring license wrongfully; penalty
Section 23:3-21.1 - Pointed, metal tipped arrow, prohibition under certain circumstances.
Section 23:3-21.2 - Shooting pointed, metal tipped arrow, prohibited under certain circumstances.
Section 23:3-22 - Subsequent convictions; penalty
Section 23:3-22.1 - Appeal to council by aggrieved person
Section 23:3-22.3 - Remedial sportsmen education program; established
Section 23:3-27 - Penalty for killing or having certain game
Section 23:3-27.1 - Wild turkey permits, fee.
Section 23:3-29 - Licenses for raising, selling game birds, animals.
Section 23:3-31 - Killing game; sale; conditions; license required
Section 23:3-33 - Shipment of killed game; regulations
Section 23:3-34 - Tag fee; rules, regulations
Section 23:3-36 - Expiration of licenses; renewal of propagating license
Section 23:3-37 - License displayed; record kept; certified copy sent to board
Section 23:3-38 - Counterfeiting tag or seal; affixing improperly
Section 23:3-41 - License to operate fishpound nets; requirement for; issuance
Section 23:3-46 - Use of shirred or purse seines, otter or beam trawls without license prohibited
Section 23:3-47 - Application for and granting of license; fee; term
Section 23:3-48 - Menhaden fishing excepted
Section 23:3-51 - License to take menhaden, prohibited takings.
Section 23:3-51.1 - Rules, regulations for taking of menhaden.
Section 23:3-51.2 - Definitions relative to taking of menhaden.
Section 23:3-51.3 - Menhaden Landing License.
Section 23:3-51.5 - Transfer of license.
Section 23:3-51.6 - Monthly report by licensee to commissioner.
Section 23:3-51.7 - Menhaden Dealer License.
Section 23:3-51.8 - Weekly report by holders of Menhaden Dealer License.
Section 23:3-51.9 - Permitted removal of fish harvested.
Section 23:3-51.10 - Requirements for licensees relative to littering, cleanup.
Section 23:3-51.11 - Annual State menhaden catch quota.
Section 23:3-51.12 - "Menhaden Marine Fisheries Management Account."
Section 23:3-51.13 - Violations, penalties.
Section 23:3-51.14 - Compliance with instructions, signals of law enforcement officer.
Section 23:3-51.15 - Modifications of requirements by commissioner.
Section 23:3-51.16 - Menhaden Personal Use and Limited Sale License.
Section 23:3-51.17 - Review of applicable laws, rules, regulations concerning menhaden.
Section 23:3-51.18 - Reporting procedures and methods.
Section 23:3-54 - Issuance of permit to take carp and suckers
Section 23:3-55 - Issuance of permit to take suckers, catfish, carp and eels
Section 23:3-56 - Penalty for noncompliance
Section 23:3-56.1 - Limited deer license, fees; exemption.
Section 23:3-56.2 - Possession, transfer and display of license; violations; penalty
Section 23:3-57 - "Special trout fishing stamp."
Section 23:3-58 - Form and issuance of stamps
Section 23:3-59 - Fee for trout stamps.
Section 23:3-60 - Altering or changing stamp
Section 23:3-61 - Effective date
Section 23:3-61.1 - "Special pheasant and quail stamp."
Section 23:3-61.3 - Fee for pheasant and quail stamps.
Section 23:3-61.4 - Violations; penalty
Section 23:3-62 - Fishing preserve waters defined
Section 23:3-63 - Fishing preserve license.
Section 23:3-64 - Taking of fish by licensee
Section 23:3-65 - Sale of fish by licensee or taking of fish by non-licensee
Section 23:3-66 - Tagging of fish, fee
Section 23:3-67 - Records; inspection; annual report
Section 23:3-68 - Use of toxins in licensed waters
Section 23:3-69 - Application of act
Section 23:3-70 - Rules and regulations by division
Section 23:3-71 - Violations; penalty
Section 23:3-72 - Necessity; fee
Section 23:3-73 - Rules and regulations
Section 23:3-74 - Violations; penalty
Section 23:3-76 - New Jersey Waterfowl Stamp.
Section 23:3-77 - Procurement; fee for New Jersey Waterfowl Stamp
Section 23:3-77.1 - Annual fee adjustment.
Section 23:3-78 - Design and form of stamp; rules and regulations
Section 23:3-79 - New Jersey Waterfowl Stamp Account
Section 23:3-80 - Violations; penalties; enforcement
Section 23:3-81 - Migratory waterfowl advisory committee
Section 23:4-1 - Open and close seasons; federal regulations; penalty for violations
Section 23:4-2 - Bag limit; penalty
Section 23:4-3 - Bag limit for migratory birds to conform to federal regulations
Section 23:4-8 - Female English or ring-necked pheasant protected; exceptions
Section 23:4-9 - Trapping or shooting squirrels and rabbits by farmers and fruit growers
Section 23:4-10 - Shooting squirrel's nest prohibited; penalty
Section 23:4-11 - Hunting, except during seasons and in manner provided, prohibited
Section 23:4-13 - Regulations concerning guns
Section 23:4-13.1 - Clothing; outer garment of fluorescent hunter's orange
Section 23:4-14 - Use of ferrets prohibited; penalty
Section 23:4-15 - Baiting wild fowl prohibited; penalty
Section 23:4-16 - Prohibited hunting practices; penalty.
Section 23:4-18 - Hunting migratory waterfowl; lying in wait; hours; penalty
Section 23:4-19 - Pursuing game birds in power boats or aircraft prohibited; penalty
Section 23:4-20 - Trapped or snared game; possession or sale; setting traps
Section 23:4-21 - Trapping hare by children
Section 23:4-22 - "Pole traps" prohibited; penalty
Section 23:4-22.2 - Prohibition of taking or attempting to take any animal
Section 23:4-22.3 - Possession as prima facie evidence
Section 23:4-22.4 - Study to develop better trap; traps not classified as steel-jaw leghold traps
Section 23:4-22.5 - Allowable uses and possessions
Section 23:4-22.6 - Rules and regulations; contents
Section 23:4-22.7 - Violations; penalties
Section 23:4-22.8 - Confiscation of equipment, pelts or animals
Section 23:4-23 - Mutilating game prohibited; deer
Section 23:4-24 - Hunting, certain, prohibited on Sundays; penalty; exemptions.
Section 23:4-24.1 - Carrying loaded firearms in vehicle for hunting purposes prohibited; proof
Section 23:4-24.1a - Improper transportation of firearm in motor vehicle; penalty
Section 23:4-24.3 - Baited area defined
Section 23:4-24.4 - Hunting deer with bait; "baited area" defined.
Section 23:4-24.5 - Prohibition of computer-assisted remote hunting; definitions.
Section 23:4-24.6 - Violation, penalties.
Section 23:4-26 - Field days allowed; license
Section 23:4-27 - Unlawful sale, purchase of wildlife; penalties.
Section 23:4-28 - Bringing game into state; penalty
Section 23:4-29 - Taking game from state prohibited; penalty; exceptions
Section 23:4-30 - Application of law to game from without state
Section 23:4-32 - Possession of gun evidence of violation
Section 23:4-33 - Gun in house a violation
Section 23:4-34 - Notice of seizure of weapon; sale; proceeds
Section 23:4-35 - Search for gun; search warrant; right of entry
Section 23:4-36 - Gunning under influence of liquor or drugs prohibited; penalty
Section 23:4-37 - Protection of fur-bearing animals; taking by traps
Section 23:4-38.2 - Trap of conibear or killer type; restriction on use
Section 23:4-38.3 - Violations; penalty
Section 23:4-40 - Stealing traps or trapped animals
Section 23:4-42 - Killing deer, season, permit to kill on cultivated land.
Section 23:4-42.1 - Killing of deer causing crop damage permitted, conditions
Section 23:4-42.2 - Annual report to include number of deer killed pursuant to permits
Section 23:4-42.3 - Application for special deer management area designation.
Section 23:4-42.4 - Submission of deer management plan.
Section 23:4-42.6 - Special deer management permit; issuance
Section 23:4-42.7 - Venison, donation program, permanent
Section 23:4-42.8 - Guidelines for venison donation program.
Section 23:4-43 - Possession of wild deer.
Section 23:4-44 - Weapons authorized for hunting deer; kinds; caliber; size of shot
Section 23:4-45 - Deer-hunting restrictions
Section 23:4-46 - Use of dogs to track wild deer.
Section 23:4-49 - "Game bird" defined
Section 23:4-51 - Robbing nests or taking eggs prohibited; exception; penalty
Section 23:4-53 - Wild pigeons protected; penalty
Section 23:4-55 - Beaver trapping permits
Section 23:4-56 - Acquisition of land by United States for migratory bird reservations
Section 23:4-57 - Penalty for liberating foxes
Section 23:4-58 - Possession of live fox prohibited; penalty
Section 23:4-58.1 - Hunting foxes with hounds and firearms; penalty
Section 23:4-58.3 - Killing other game while hunting foxes; penalty
Section 23:4-62.2 - Bounties or premium for killing prohibition
Section 23:4-63.1 - Penalty for liberating coyotes
Section 23:4-63.2 - Possession of live coyote prohibited; penalty
Section 23:4-63.3 - Possession, release of certain animals, prohibited; terms defined
Section 23:4-63.4 - Violations; penalties
Section 23:4-63.5 - Right to use mechanical devices to repel marauding birds and other wildlife
Section 23:4-63.6 - Issuance of permits; cancellation; rules and regulations
Section 23:4-63.7 - Disposal of dead wildlife by authorized personnel
Section 23:4-64 - Sale of bittersweet prohibited; penalty; enforcement
Section 23:5-1 - Open season for certain fish; penalty
Section 23:5-2 - Sale of propagated trout or landlocked salmon; tagging
Section 23:5-3 - Fishing through ice
Section 23:5-7 - Minimum size of certain fish; penalty
Section 23:5-9 - Lobster restrictions
Section 23:5-10 - Trout, perch, pickerel, bass, crappie or salmon; limit
Section 23:5-11 - Fishing, except angling, prohibited; penalty; exceptions
Section 23:5-13 - Set lines in waters having certain fish prohibited; number of hooks
Section 23:5-14 - Carp or tench as bait; penalty
Section 23:5-15 - Artificial bait; number of hooks; penalty
Section 23:5-15.1 - Possession of unlawful bait; penalty
Section 23:5-16 - Taking eels in tidal waters with certain devices
Section 23:5-17 - Fishing at night for certain fish prohibited; penalty
Section 23:5-24.1 - License to fish with net; possession
Section 23:5-24.2 - Fish-netting license fees
Section 23:5-24.3 - Hauling seines; restrictions on use
Section 23:5-28 - Pollution of fresh or tidal waters, penalties
Section 23:5-29 - Shutting off, drawing off or screening waters prohibited; penalty
Section 23:5-29.1 - Fish ladder in dams required; penalty
Section 23:5-30 - Placing carp in public or private waters prohibited; penalty
Section 23:5-31 - Proceedings by persons aggrieved
Section 23:5-32 - Conviction no bar to civil action
Section 23:5-33 - Article inapplicable to certain private ponds.
Section 23:5-35.2 - Taking crabs; license; necessity; exceptions; fees; rules and regulations
Section 23:5-45.1 - Daily limit for taking striped bass.
Section 23:5-45.1a - Rules, regulations for taking, management of striped bass.
Section 23:5-45.2 - Closed season for striped bass, except Atlantic Ocean
Section 23:5-45.3 - Sale of striped bass prohibited
Section 23:5-47 - Lawful methods
Section 23:5-48 - Violations; penalties
Section 23:6-1 - Penalty for permitting; destruction of contrivances
Section 23:7-1 - Trespassing prohibited; posting notice; private notice; penalties
Section 23:7-1.1 - Littering prohibited; penalty
Section 23:7-1.2 - Archaeological findings in wildlife management area protected.
Section 23:7-2 - Arrest of offender; trial; failure to show permit
Section 23:7-3 - Causing injury to property while hunting or fishing; penalties
Section 23:7-5 - Disposition of fines collected
Section 23:7-6 - Posting by other than owner or lessee prohibited
Section 23:7-7 - Legal notices
Section 23:7-9 - Actions forbidden on property under State control; penalty.
Section 23:7A-2 - Prevention of lawful taking of wildlife prohibited.
Section 23:7A-3 - Violations, penalties
Section 23:8-1 - Acquiring real estate; management and personnel; salaries; expenses
Section 23:8-4 - Trespass on hatchery or game land; penalty
Section 23:8-6 - Disposition of fish, game and eggs; use of proceeds
Section 23:8-7 - Lands for game refuges; acquisition
Section 23:8-8 - Fencing and notices
Section 23:8-9 - Lands of board deemed refuges
Section 23:8-10 - Hunting or carrying gun in preserve prohibited
Section 23:8-11 - Violations; penalty
Section 23:8-12 - Investigations as to fish culture by United States
Section 23:8-13 - Fishing by fish cultural stations
Section 23:8A-1 - Sale, lease or exchange by commissioner; terms and conditions
Section 23:8A-2 - Title in name of state; use
Section 23:8A-3 - Disposition of proceeds from sale, lease or exchange; use
Section 23:9-3 - Waters affected by article
Section 23:9-4 - Common rights to fish
Section 23:9-5 - Game, bait and food fish defined
Section 23:9-6 - Manner and means of fishing for game fish; fine
Section 23:9-7 - Manner and means of fishing for bait fish; fine
Section 23:9-8 - Manner and means of fishing for food fish; fine
Section 23:9-10 - Use of certain nets prohibited; fine; forfeiture of appliances
Section 23:9-11 - Prohibited hours for fishing; fine; forfeiture of appliances
Section 23:9-12 - Catching food fish with lines; season for game fish; fine
Section 23:9-13 - Bag limit on game fish
Section 23:9-14 - Use of eelpots and fyke nets; fine; forfeiture of appliances
Section 23:9-15 - Use of parallel nets prohibited; fine; forfeiture of appliances
Section 23:9-16 - Size of certain fish; fine
Section 23:9-17 - Interference with or injury to nets; fine
Section 23:9-19 - Purchase, sale or possession of fish except during lawful period prohibited; fine
Section 23:9-20 - Concurrent jurisdiction of states; procedure for violations
Section 23:9-21 - Interference with officers; fine
Section 23:9-114 - License to take shad with net required
Section 23:9-115 - License fee; season; lift period from Friday noon until Saturday midnight
Section 23:9A-1 - Penalty for injury or death caused by negligent use of weapon
Section 23:9A-2 - Misuse of weapon while hunting; penalty
Section 23:10-1 - Provisions of title enforced and penalties recovered in accordance with chapter
Section 23:10-2 - Jurisdiction
Section 23:10-3 - Who may institute proceedings
Section 23:10-4 - Process and proceedings on Sunday
Section 23:10-5 - Arrest on view without warrant; interference with or resisting officer
Section 23:10-12 - Incriminating testimony
Section 23:10-14 - Commitment for nonpayment of penalties
Section 23:10-15 - Release on probation; payment of fine in installments
Section 23:10-17 - Powers and fees for service of process of certain officers
Section 23:10-19 - Use of moneys recovered for violations
Section 23:10-20 - Searches and seizures; immunity from civil suit.
Section 23:10-21 - Forfeiture of apparatus; procedure
Section 23:10-21.1 - Illegal apparatus used for fishing; confiscation
Section 23:12-1 - Assent of state to Federal act pertaining to wildlife restoration
Section 23:13-1 - Enactment, entry into Interstate Wildlife Violator Compact.
Section 23:13-2 - Compliance with compact; authority of division.
Section 23:13-3 - Suspension of privileges.
Section 23:13-4 - Failure of resident to comply; violations, penalties.
Section 23:13-5 - Contents of suspension notification letter.