This site will be continually under construction and changing as the states, counties and municipals continually change their regulations and laws. These are the current regulations for 1996 that we have received to date. If you have other information, please let us know the citations of those laws or regulations, the state and when the changes went or will go into effect by sending e-mail to lawschange@monkeymaddness.com.
Captive Game Animal and
Game Bird Regulations
(N.J.A.C. 7:25-10)
SUBCHAPTER 10. POSSESSION, PROPAGATION, LIBERATION, SALE AND IMPORTATION OF GAME ANIMALS AND GAME BIRDS
7:25-10.1 Scope
This subchapter shall constitute the rules governing the possession, propagation, liberation, sale and importation of game mammals and game birds pursuant to N.J.S.A. 23:3-28 through 39.
7:25-10.2 Construction
This subchapter shall be liberally construed to permit the department to discharge its statutory functions.
7:25-10.3 Purpose
This subchapter is promulgated to regulate the possession, propogation, liberation, sale, and importation of game mammals and game birds through a permit system, with conditions associated therewith, to be issued at the discretion of the division.
7:25-10.4 Definitions
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Department means the New Jersey Department of Environmental Protection.
Division means the Division of Fish, Game and Wildlife or its successor within the Department of Environmental Protection.
Director means the Director of Fish, Game and Wildlife or his successor within the Department of Environmental Protection.
Game animal means any mammal for which a legal hunting or trapping season has been established in New Jersey, identified in this subchapter, or designated a game animal by the Fish and Game Council in the annual game code.
"Person shall include, but is not limited to, corporations, companies, associations, societies including nonprofit organizations, firms, partnerships, joint stock companies, individuals, and governmental entities.
(a) Except as hereinafter provided, no person shall have in possession any game animal or game bird unless that person has first received a permit from the division. The permit form and permit application form shall be prescribed by and be obtainable from the division.
(b) No person shall liberate within this state any game animal or game bird unless that person has first received a permit therefor from the division.
(c) No person shall import into this state any game animal or game bird unless that person has first received a permit therefor from the division.
(d) The permit requirement pursuant to this section shall not apply to game animals and game birds legally taken or killed pursuant to the general hunting and fishing license statutes, N.J.S.A. 23:3-1 through 22, and during the season therefor.
(a) A permit shall be required for possession of game animals including the following mammals:
1 through 17 Omited
18. Coyote (Canis latrans);
19. Black bear (Ursus americanus);
20. Bobcat (Felis rufus);
21. White-Tailed deer (Odocoileus virginianus)
(b) A permit shall be required for possession of the following game birds: Omitted (c) The division may issue a permit for the possession of the mammals or birds listed in (a) and (b) above provided the applicant has satisfactorily met the criteria contained within N.J.A.C. 7:25-10.8.
(a) The division, when it appears to be in public interest, may issue the following permits:
1. "Individual Hobby may be issued to persons holding game animals or game birds for hobby purposes or as pets;
2. Scientific Holding may be issued to persons holding game animals or game birds for scientific observation, captive breeding attempts and other scientific or educational study;
3. "Zoological may be issued to private and public institutions which exhibit game animals or game birds and for possession, importation, exportation, and sale of species listed in the permit; 4. Propagation and Sales may be issued to persons engaged in the propagation and/or sale of game animals or game birds for importation, and exportation of species listed in the permit;
5. "Animal Exhibitor may be issued to exhibitors of game animals or game birds other than zoos, including traveling exhibits, small exhibitions not qualifying as zoos, and circuses;
6. "Animal Theatrical Agency" may be issued to persons owning game animals or game birds to be used for advertising, acting, or theatrical appearances, permitting importation, exportation, and sale of species listed in the permit;
7. "Fur Farming" may be issued to persons engaged in the business of fur farming the species listed at N.J.A.C. 7:25-10.6(a)7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 20; and
8. Cooperator may be issued to persons who are deemed qualified by the division under the criteria set forth in the most current edition of the "Cooperator's Manual or, in the absence of such manual, based on the need as determined by the division to rear orphaned juvenile wildlife species and rehabilitate injured wildlife species listed under N.J.A.C. 7:25-10.6(a) and (b). Persons issued this permit must also maintain applicable federal permits where required.
(b) All possession permits shall expire on December 31 of the year of issue.
(c) The license fee for each permit shall be $5.00 plus a $2.00 non-refundable processing fee for a total cost of $7.00; provided, however, that there shall be NO fee for the cooperator permit.
(d) All permits must be displayed in a prominent place. The sale of game animals or game birds to any person must be accompanied by a Game Animal or Game Bird Sales Receipt, the form of which shall be prescribed by and obtainable from the division, and which shall serve as a temporary possession permit for a period of 20 days after the date of sale.
(e) Propagation and sales dealers shall submit to the division an annual inventory of acquisitions, sales, and exchanges upon expiration or renewal of their permits.
(f) Zoological, Exhibitor, Theatrical, and Cooperator permit holders must submit quarterly reports of births, deaths, acquisitions, and disposals.
(g) Periodic inspections may be made by division-designated personnel and shall consist of examination of game animal or game bird, their food, facilities, holding pen and exhibit area, and a review of relevant records pertaining to these species.
(h) Animal exhibitors and animal theatrical agencies shall notify the division no less than two weeks prior to any scheduled activity in New Jersey covered by their permits in order to allow inspection of the activity by division personnel.
(a) Prior to the issuance of any permit under this subchapter, the applicant shall, on forms provided by the division, demonstrate that:
1. The origin of the animal is not from the wild stock of this state or any other state except where authorized by the division for rehabilitation or scientific purposes;
2. The animal will be fed an adequate diet;
3. The animal is housed or caged in a manner that:
i. Allows the animal to perform the normal behavior patterns of its species; and
ii. Prevents disease, liberation, or accidental injury to the animal and the public;
4. The method of acquisition did not violate the laws and regulations of this state, any other state, or the federal government;
5. Competent and adequate licensed veterinary services for the care and treatment of the animal are readily available; and
6. The animal is free of infectious diseases and parasites which may be dangerous to the animal, livestock or people of the State.
The division may request certification from a licensed New Jersey veterinarian or a person recognized as qualified by the director to make such certification that the animal for which the permit is being sought is free from infectious diseases and parasites.
(a) Persons may temporarily possess without permit a game animal or game bird, other than a potentially dangerous species defined at N.J.A.C. 7:25-10.10, which is orphaned, injured, or displaced provided that:
1. The division law enforcement office of jurisdiction, DEP Emergency Hotline, or the Wildlife Control Unit is notified of such emergency possession within 12 hours of acquisition;
2. The Division Wildlife Control Unit reviews the case for the purpose of prescribing a course of action that is in the best interest of the animal or bird so possessed; and
3. The emergency possession of the game animal or game bird does not violate any local ordinances or requirements.
4. Contact phone numbers for cases of emergency possession are as follows: i. Northern Region Law Enforcement Office (201) 735-8240; ii. Central Region Law Enforcement Office (201) 259-2120; iii. Southern Region Law Enforcement Office (609) 629-0555; iv. DEP Emergency Action Hotline (24 hours) (609) 292-7172; and v. Wildlife Control Unit (201) 735-8793.
(b) The game animal or bird held without a permit therefor shall be surrendered upon demand by the division.
(a) Potentially dangerous species" is defined as any game animal or game bird which, in the opinion of the division, is potentially capable of inflicting serious or fatal injuries, of being an agricultural pest, of being detrimental to existing or future wild populations, or of being a menace to public health, including, but not limited to, the following:
Order Family Carnivora Canidae - Nondomestic dogs Ursidae - Bears
Artiodactyla Felidae - Nondomestic cats Cervidae - Deer
(b) The division, in its discretion, may issue a permit for possession of a potentially dangerous game animal or game bird only after a clear showing that the criteria for the possession of such potentially dangerous game animal or game bird have been met.
(a) In addition to the general criteria enumerated in N.J.A.C. 7:25-10.8, every person applying for a permit to possess potentially dangerous species shall meet each of the following criteria to the satisfaction of the divison:
1. Education and background: Persons wishing to apply for a permit to possess a potentially dangerous species must have extensive experience in maintaining the species desired or related species;
2. Knowledge: Persons wishing to apply for a permit to possess potentially dangerous species must demonstrate a working knowledge and expertise in handling and caring for each of the species desired;
3. Other licenses and permits: Persons applying to possess potentially dangerous species must obtain, in addition to New Jersey Captive Game Animal or Game Bird Permit, all other applicable permits covering the possession of such species. Any permit issued for the possession of such animal by the division shall not exempt an applicant from compliance with any other law of the State, or subdivision of the State, any municipality, or the Federal government, regarding construction necessary to house the animal, or other local requirements;
4. Purpose and intent: Persons applying to possess potentially dangerous species must submit a written statement of the purpose and intent of keeping the species;
5. Housing and feeding: Persons applying for a permit to possess a potentially dangerous species must supply a written description of the housing and caging facilities for the species required including a summary detailing a continuous source of food appropriate for the specific diet of the animals. Facilities must be constructed to prevent the possible escape of the animal. Division personnel may inspect the completed facilities to determine if the facilities are suitable for the game animal or game birds; and
6. Protection of the public: The housing facilities must also be constructed to prevent public access to, and contact with, the animal. The potentially dangerous species may not be kept as a household pet except when compelled by the infancy of the animal. The public must not be allowed access to the animal, including animals used for exhibition purposes.
(a) Any person who transfers possession, as distinguished from ownership, or location of any game animal or game bird for which a permit has been issued, shall, within 48 hours, report in writing to the division exactly which animal(s) was transferred, the name and address of the person to whom the animal(s) was transferred and the location to which the animal(s) was transferred. No transfer shall be permitted without prior written approval of the division of a potentially dangerous species as defined at N.J.A.C. 7:25-10.10.
(b) Any person, issued a permit, who violates or fails to continually conform to the criteria established for the issuance of his permit, shall be considered to have violated an express condition of the permit and shall be deemed to be in possession of the animal or bird without a permit. Permit violators shall be subject to prosecution for possession of the animal or bird without a permit, and may be subject to the penalty prescribed by the statute.
(c) No person shall acquire additional game animals or game birds under any one permit without prior written permission from the division. Progeny of permitted captive game animals or game birds are exempt from this requirement provided the permittee can biologically substantiate the increase in numbers from permitted captive game animals or game birds and reports the increase on the annual inventory report.
(d) As a condition of any permit issued under this subchapter the division may require the permitted game animal or game bird be quarantined for the period specified by the division.
(e) Any permittee shall allow division personnel, at any reasonable time, to inspect the housing facilities of the permitted species to determine compliance with the permit requirements and criteria.
(f) Nothing in this subchapter relative to the possession of Game Animals and Game Birds is intended to preempt any federal, state, or local requirement that is more stringent nor exempt any person from obtaining any permit required by these governmental entities.
For further information contact:
N.J. Division of Fish, Game and Wildlife CN 400 Trenton, N.J. 08625
If you have any questions, we are available at 609-292-9591.
(1996 GOW)
The Exotic and Nongame Species Possession Permit Program of NJ Reprinted from NJ DEP Information Packet The possession of animals always creates unavoidable and sometimes unique problems. 7. Animal Theatrical Agencies-issued to persons owning exotic or nongame species to be hired for advertising, acting, or theatrical appearances, including importation, exportation and sale of species listed.