Bill Text: NJ A2200 | 2012-2013 | Regular Session | Introduced
Bill Title: Imposes certain registration and reporting requirements to prevent illegal trade of tigers.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-05-24 - Substituted by S945 (3R) [A2200 Detail]
Download: New_Jersey-2012-A2200-Introduced.html
Sponsored by:
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
SYNOPSIS
Imposes certain registration and reporting requirements to prevent illegal trade of tigers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning tigers, supplementing Title 23 of the Revised Statutes, and amending P.L.1979, c.304.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in this act:
"Application" means an application submitted to the department for a certificate of registration for a tiger.
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Initial Application" means an application regarding a tiger for which no previous certificate of registration has been issued, or an application regarding a tiger for which a previous certificate of registration has been issued to a previous owner, but not to the current applicant.
"Qualified disposal agent" means a licensed veterinarian or other person authorized by the department to dispose of a dead tiger, but shall not include any person who owns or possesses a tiger in, or outside of, this State.
"Tiger" means an animal of the species Panthera tigris or any subspecies thereof.
2. (New section) a. A person who owns a tiger kept in this State shall apply for a certificate of registration by filing an application with the department, on a form prescribed by the department, which shall include:
(1) the name, address, and telephone number of the owner of the tiger;
(2) the address and exact location where the tiger will be kept;
(3) the birth date, weight, and sex of the tiger;
(4) a description of any distinguishing marks and digital color photographs of (a) the tiger's face, (b) the right side of the tiger's body, and (c) the left side of the tiger's body;
(5) a hair sample from the tiger sufficient to meet any future need for DNA analysis of the tiger; and
(6) any other information the department may require.
The department shall require an applicant to provide the department with the weight of the tiger, as provided in paragraph (3) of this subsection, and digital color photographs of the tiger, as provided in paragraph (4) of this subsection, to the department on an annual basis.
b. Upon review and approval of the owner's application, the department shall issue a certificate of registration, which shall pertain only to one individual tiger, and which shall include thereon, in addition to the information required of an applicant pursuant to subsection a. of this section, a unique identification number assigned solely and specifically by the department to the individual tiger. The unique identification number assigned to a tiger shall not change at any time during the tiger's lifetime or at any time after the tiger's death, notwithstanding any change in ownership or relocation of the tiger, or any other circumstance. The department may impose a reasonable fee upon the owner for the services rendered in connection with the department's costs in issuing a certificate of registration.
c. (1) No person may possess a tiger in this State unless the person holds a valid certificate of registration issued by the department. A person possessing more than one tiger in this State shall hold a separate and distinct certificate of registration for each tiger.
(2) A person who possesses a tiger, for which an initial application for a certificate of registration is pending with the department, shall be exempt from the requirements of paragraph (1) of this subsection until the issuance or denial of a certificate of registration.
d. The commissioner may, by rule or regulation, adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish a schedule by which an owner of a tiger shall be required to periodically renew a certificate of registration, and in connection therewith, the commissioner may require the renewal applicant to resubmit any or all of the information and materials required of an owner of a tiger under subsection a. of this section.
3. (New section) a. Within 30 days of receiving a certificate of registration issued by the department pursuant to section 2 of this act, a person who possesses a tiger in this State, other than any institution that has received accreditation by the Association of Zoos and Aquariums, shall have implanted in the tiger, by or under the supervision of a licensed veterinarian, a subcutaneous microchip; the cost of the microchip and its implantation shall be borne by the person. If the department deems it necessary, it may require the microchip to be purchased from a specific manufacturer or manufacturers. The microchip shall contain the following information:
(1) a unique identification number issued pursuant to section 2 of this act;
(2) the name, address, and telephone number of the owner of the tiger;
(3) the address and exact location where the tiger is kept;
(4) the birth date, weight, and sex of the tiger;
(5) the digital photographs of the tiger that were submitted to the department pursuant to paragraph (4) of subsection a. of section 2 of this act; and
(6) any other information the department may require.
b. A person shall not remove a subcutaneous microchip from a tiger, whether living or deceased, without express authorization from the department or as provided pursuant to subsection c. of section 7 of this act; provided, however, a subcutaneous microchip may be temporarily removed, or replaced, by or under the supervision of a licensed veterinarian for the purpose of updating information on the subcutaneous microchip if necessary for compliance with this act or any rules or regulations adopted pursuant thereto.
4. (New section) A person owning or possessing a newborn tiger shall be exempt from the requirements of section 2 of this act, as those requirements apply to the newborn tiger, for the first 10 days immediately following the birth of the newborn tiger.
5. (New section) a. The commissioner shall establish a tiger registration and accounting system through which the following records shall be kept for each tiger in the State:
(1) a unique identification number issued pursuant to section 2 of this act;
(2) the name, address, and telephone number of the owner of the tiger;
(3) the address and exact location where the tiger is kept;
(4) the birth date, weight, and sex of the tiger;
(5) a description of any distinguishing marks and a digital color photograph of the tiger;
(6) a hair sample from the tiger sufficient to meet any future need for DNA analysis of the tiger;
(7) the date of death of the tiger, when applicable;
(8) the sworn affidavits submitted to the department upon the death of a tiger pursuant to section 7 of this act, when applicable; and
(9) any other information, data, or documentation the commissioner may deem necessary in order to maintain a comprehensive accounting system.
b. The commissioner shall monitor and periodically update records in the tiger registration and accounting system in a manner sufficient to ensure that tigers in this State, whether living or deceased, are not in any way used for the illegal trade of tigers or tiger parts.
6. (New section) a. The owner of a tiger shall notify the department in writing no less than 14 days prior to the permanent or extended relocation of the tiger or change in ownership of the tiger. The written notification shall include:
(1) the name, address, and telephone number of the person to whom ownership of the tiger will be transferred, if there is to be a change in ownership;
(2) the new address and exact location where the tiger will be kept, if there is to be a permanent or extended relocation; and
(3) any other information the department may require by rule or regulation.
b. The owner of a tiger shall notify the department in writing of any planned surgical procedure, such as castration or spaying, within 72 hours prior to the procedure. The tiger's testicles, uterus, and ovaries, as applicable, shall be placed in formalin and then submitted to a qualified disposal agent. Declawing of a tiger shall be permitted only if the tiger's claw or digit is creating a health risk to the tiger and the amputated digit or claw shall then be submitted to a qualified disposal agent.
c. Upon the lawful change in ownership of a tiger in this State, the new owner shall immediately submit an initial application for a certificate of registration pursuant to section 2 of this act.
d. Upon the lawful permanent or extended relocation of a tiger for which there is no change in ownership, the department shall issue a new certificate of registration reflecting the relocation of the tiger.
e. Upon the issuance of a new certificate of registration for a tiger, or the change in ownership of a tiger, any preexisting certificate of registration for that tiger shall permanently expire.
7. (New section) a. Except as provided in subsection b. of this section, a person shall not dispose of a deceased tiger, or otherwise in any manner relinquish possession of a deceased tiger, or any part thereof, without the express authorization of the department.
b. Upon the death of a tiger, the owner of the tiger shall within five days:
(1) submit the remains of the tiger to a qualified disposal agent for removal of the subcutaneous microchip and permanent disposal of the tiger and all of its constituent parts in a manner prescribed by the department; and
(2) provide the department with a sworn affidavit which shall include the time of death, cause of death, the tiger's unique identification number, the name, address, and telephone number of the qualified disposal agent, and a statement affirming that the tiger and all of its constituent parts have been disposed of in a manner prescribed by the department.
c. A qualified disposal agent who disposes of a tiger shall extract the subcutaneous microchip from the tiger at the time of disposal and shall, no later than 10 days after conducting the disposal, deliver to the department:
(1) the subcutaneous microchip; and
(2) a sworn affidavit which shall include the exact method of disposal utilized, the name and address of the facility at which the disposal took place, the date of the disposal, and a statement affirming that the tiger and all of its constituent parts have been disposed of in a manner prescribed by the department.
d. The commissioner shall prescribe, by rule or regulation, acceptable methods of disposal of a tiger that will ensure the tiger is not in any way used for the illegal trade of tigers or tiger parts.
8. (New section) A person who possesses a living or deceased tiger in this State, whether as an owner, qualified disposal agent, caretaker, or otherwise, shall, upon the presentation of official credentials by any department employee or other duly authorized representative of the commissioner, present the representative with a valid certificate of registration and allow the representative to enter the premises where the tiger is kept, examine the tiger, take biological samples from the tiger, and take any other action necessary to ensure full compliance with this act.
9. (New section) The requirements and provisions of this act, or any rule or regulation adopted pursuant thereto, shall be in addition to those concerning the procurement, possession, permitting, treatment, or release of tigers, as may be established by any other law or any permit issued or rule or regulation adopted pursuant thereto, including but not limited to "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), or P.L.1962, c.127 (C.23:4-63.3 et seq.).
10. (New section) a. A person who violates the provisions of this act or any rule or regulation adopted pursuant thereto shall be subject to the penalties applicable pursuant to section 10 of P.L.1973, c.309 (C.23:2A-10).
b. Penalties shall be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court or any municipal court where the defendant may reside, or where the violation was detected, or where the defendant was apprehended shall have jurisdiction to enforce this act and any regulations adopted thereunder.
c. The department may bring an administrative action before an administrative law judge to enforce the provisions of this act or any rule or regulation adopted pursuant thereto. Any final determination and penalty assessment by an administrative law judge may be enforced in the Superior Court in an action brought for that purpose by the Attorney General on behalf of the department.
d. Any violation of the provisions of this act or any rule or regulation adopted pursuant thereto may be restrained by the Superior Court in an action brought for that purpose by the Attorney General on behalf of the department.
11. Section 2 of P.L.1979, c.304 (C.23:4-63.7) is amended to read as follows:
2. Except as provided in R.S.23:4-23 and section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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, of any wild bird, animal, fowl, or fur-bearing animal found dead on or along any public highway or on any private property, upon request of the owner thereof.
(cf: P.L.1979, c.304, s.2)
12. This act shall take effect on the 180th day after the date of enactment, but the Commissioner of Environmental Protection may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill establishes a registration system and reporting requirements for owners of tigers to be administered by the Department of Environmental Protection ("DEP") in order to ensure that tigers kept in New Jersey are not used in the illegal trade of tigers or tiger body parts.
Under current New Jersey law, a person may not possess a tiger without a permit issued by the DEP. However, this permitting program is aimed at animal protection and preserving public safety, not at preventing the illegal use or trade of tiger parts.
The bill establishes certain owner certification requirements and procedures that will enable the DEP to identify and systematically account for each tiger in the State, whether living or deceased. Among these measures is a requirement that tiger owners register their tigers with the DEP by applying for and obtaining a separate certificate of registration for each tiger. Upon receipt of the certificate, a tiger owner, at their expense, would be required to have implanted subcutaneously in the tiger a microchip containing unique identifying information concerning the owner and the tiger, including face and side body views of the tiger in digital photographs. The requirement that a subcutaneous microchip be implanted in a tiger would not apply to any institution that has received accreditation by the Association of Zoos and Aquariums. Annually, the tiger owner must provide photographs and the tiger's weight to the DEP. In addition, tiger owners would be subject to certain reporting requirements if the tiger were permanently relocated or transferred to another owner, or when the tiger dies. A tiger owner must provide the DEP with advance written notice of any planned surgical procedure for the tiger.
The bill requires a person or entity possessing a tiger, whether as the tiger's owner or otherwise, to hold a valid certificate of registration at the premises where the tiger is kept. A credentialed representative of DEP must be permitted to enter the premises, review the certificate, examine the tiger, take biological samples from the tiger, and take any other action necessary to ensure full compliance with the bill.
Upon the death of a tiger, the bill requires the tiger owner to submit the remains of the tiger to a "qualified disposal agent," defined as a licensed veterinarian or other person authorized by the DEP, but who is not a tiger owner. Moreover, the department would be charged with prescribing acceptable methods of disposal sufficient to ensure a tiger's remains do not enter the illegal tiger trade.
The bill also provides that administrative remedies and civil and criminal penalties for a violation of the provisions of the bill are subject to the penalties applicable under "The Endangered and Nongame Species Conservation Act" pursuant to section 10 of P.L.1973, c.309 (C.23:2A-10).
