N.J. Admin. Code § 7:25-5.37

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:25-5.37 - Special permit to inhibit wildlife reproduction

(a) No person shall administer or otherwise employ the use of fertility control materials and/or methodologies including, but not limited to, those which result in contraception, contragestation and/or sterilization to any species of free ranging wildlife without first procuring a permit approved by the Council and issued by the Division under this section. No person shall employ any physical alteration or device that would alter the reproduction potential of any free-ranging wildlife species without first procuring a permit as required. The possession of such unauthorized materials or devices in the field shall be considered the attempt to take wildlife contrary to the provisions of the code. Prior to submission of an application, applicants must first obtain any necessary Federal permits. Each permit applicant must provide a written proposal describing the fertility control procedure, the credentials of the person(s) who will administer the contraceptive procedure, the purpose or intent of the procedure and an assessment of environmental impacts. The Division in cooperation with the Department of Animal Science, Cook College-Rutgers University and other scientists who may be selected by the Division will review each application and determine whether or not a permit is granted based on the overall justification and need for conducting such procedures, the qualifications of the person(s) administering the procedure and the anticipated environmental impacts affecting both wildlife and humans and the probability of success in controlling free-ranging wildlife populations. The permit shall identify the time, place and methodology to be utilized and any special conditions established by the Council.

(b) The authority for the adoption of the foregoing subsection is found in 13:1B-30, 23:4-1, 23:4-11, 23:4-42, 24:4-488, and other applicable statutes.

New Rule, R.1996 d.404, effective 8/19/1996 (operative August 24, 1996).
See: 28 N.J.R. 2434(b), 28 N.J.R. 3934(a).
Former N.J.A.C. 7:25-5.37, "Fish and Game Law Enforcement Region Headquarters", recodified to 7:25-5.38.
Amended by R.1999 d.287, effective 8/16/1999 (operative August 21, 1999).
See: 31 N.J.R. 1231(a), 31 N.J.R. 2338(a).
In (a), rewrote the first and fifth sentences; and in (b), deleted a reference to N.J.S.A. 23:4-60.3.
Amended by R.2003 d.359, effective 9/2/2003 (operative September 7, 2003).
See: 35 N.J.R. 1804(a), 35 N.J.R. 4053(a).
Rewrote (a).
Petition for Rulemaking.
See: 36 N.J.R. 1128(a).