N.J. Admin. Code § 7:25-5.6
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:25-5.6 - Black bear (Ursus americanus), bobcat (Felis rufus)(a) There is a closed season for bobcat. It shall be illegal to intentionally take, kill, or attempt to take or kill a bobcat in the State of New Jersey at any time. Trappers shall report any bobcat incidentally caught within 24 hours of discovery to 1-877-WarnDEP (1-877-927-6337). Bobcat, including any part thereof, legally harvested in other US states or Canadian provinces may be possessed provided they are affixed with a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) tag from the state or province of harvest. It shall be illegal to use dogs to pursue or run black bears. There may only be a season for black bears provided there is a valid comprehensive policy for the protection and propagation of black bear that has been approved by the Council and the Commissioner and adopted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., rulemaking procedures, and the Council determines that this subchapter comports with such policy. In the absence of such policy, there shall be no season for black bears. The Comprehensive Black Bear Management Policy (CBBMP) shall be published on the NJDEP Fish and Wildlife website at http://www.nj.gov/dep/fgw/ and available from the Office of Administrative Law at Rules Division, PO Box 049 Trenton, NJ 08625-0049 or oal.comments@oal.nj.gov. A season for black bears shall be consistent with the approved CBBMP. The season shall consist of two segments. Segment A shall be a period of six consecutive days beginning on the second Monday in October. Segment B shall be concurrent with the six-day firearm deer season as enumerated at N.J.A.C. 7:25-5.27(a). During each segment, black bear may only be harvested by the means specified at (a)4 below. Legal hunting hours for black bears shall be 1/2 hour before sunrise to 1/2 hour after sunset. Following the commencement of the season, the Director shall close the season if the harvest rate reaches 30 percent. The Director will announce such closure, which will become effective 24 hours from the daily legal closing time of the day on which the Division determines that the harvest rate reaches 30 percent, based upon data obtained and reviewed by the Division at the close of each day of the season. Harvest rate equals the number of harvested bears that were tagged in the current calendar year within bear management zones (BMZs) open to hunting divided by the number of bears that were tagged in the current calendar year that are available for harvest (total number of bears tagged in the current year within BMZs open to hunting minus known mortality of such tagged bears and number of such tagged bears known to have left the BMZs that are open to hunting). Season closure will be announced by news release, radio, the Fish and Wildlife website (www.njfishandwildlife.com), and other media. 1. Special black bear hunting permit requirement: All black bear hunters must have a current and valid firearm or archery hunting license and a current and valid special "black bear hunting permit" which will be issued by the Division. Apprentice licenses are not valid for the taking of black bear. A total of 11,000 special black bear hunting permits, allocated by bear management zone (BMZ), will be available to properly licensed hunters. Black bear hunting permits and special farmer black bear permits are not transferable and must be in the possession of the hunter while hunting black bears. Hunters are limited to hunting in no more than two BMZs per season. Hunters are limited to purchasing up to two black bear hunting permits per year, as per (a)1iii below, one for each BMZ hunted, until the end of Segment A. Juvenile hunters aged 10 through 13 years of age must have a black bear hunting permit and be under the direct supervision of a properly licensed adult (21 years of age or older) while bear hunting. The adult must also possess a black bear hunting permit. Direct supervision means the juvenile hunter and the supervising adult are together at the same location. The juvenile hunter may not hunt independently of the adult. i. Black bear hunting permits will be issued on an individual basis to holders of valid and current firearm and/or archery hunting licenses. Apprentice licenses are not valid for the taking of black bear. Black bear hunting permits and special farmer black bear permits are valid only in the BMZ and year designated on the permit, and are not transferable.ii. Black bear hunting permits consist of a back display and include a "Black Bear Transportation Tag." The back display shall be conspicuously worn in the middle of the back in addition to the valid firearm or archery license.iii. Black bear hunting permits shall be issued on an individual basis to holders of valid and current firearm or archery hunting licenses, including juvenile licenses, via the Division's ELS or, in the event of ELS operating difficulties, by providing the same information at ELS locations through such alternate system as may be designated by the Division. All persons, while their hunting licenses are void under authority of law or as imposed by a court, are prohibited from procuring a black bear hunting permit. Any permit obtained by fraud shall be void.iv. Special Farmer Black Bear Permits shall be applied for as follows: (1) Only the owner or lessee of a farm, who resides thereon, or immediate members of his family 10 years of age or older who also reside thereon, may apply on forms provided for a special farmer black bear permit. Under this section a farm is an area of five acres or more and producing a gross income in excess of $ 500.00 and is tax assessed as farmland. Special farmer black bear permits will be issued only in those Black Bear Management Zones where a season is prescribed.(2) Application forms may be obtained from the Division of Fish and Wildlife, MC 501-03, PO Box 420, Trenton, N.J. 08625-0420.(3) The application shall be filled in to include Conservation ID Number or name, age, address, and any other information requested thereon. Properly completed application forms will be accepted in the Trenton office no later than August 31. There is no fee required and all qualified applicants will receive a Special Farmer Black Bear Permit delivered by mail. Information and instructions on whether permits are to be mailed or claimed will be posted on the Division's website at www.njfishandwildlife.com and in the Hunting and Trapping Digest.(4) Application for a farmer black bear permit shall not preclude a farmer from procuring, as stated in (a)1iii above, a regular black bear season permit as a holder of a valid hunting license.2. Bag limit: One bear of either sex and any age with a live weight greater than 75 pounds or a dressed weight greater than 50 pounds may be harvested per permit. No adults accompanying cubs under 75 pounds may be taken. Only one bear may be harvested per segment, regardless of the number of permits the hunter holds. It is unlawful to take or attempt to take or continue to hunt for more than the number of black bear permitted. Properly licensed hunters who harvest a black bear shall immediately complete and affix to the bear the "Black Bear Transportation Tag" from their Black Bear Hunting Permit. Information included on the black bear transportation tag shall include: the hunters name, address, and current firearm or archery license number; date and time of kill; BMZ, county, and municipality of kill; and the sex of the black bear. Successful hunters must take the black bear to a designated check station by 9:00 P.M. on the day of the kill during Segment A or by 7:00 P.M. on the day of the kill during Segment B. Hunters shall surrender the black bear transportation tag and will be issued a legal possession tag. Any legally killed black bear recovered too late to be brought to a designated black bear check station by 9:00 P.M. on the day of the kill during Segment A or by 7:00 P.M. on the date of the kill during Segment B must be reported immediately by telephone to the nearest regional Bureau of Law Enforcement office. Hunters must provide their name, address, and a telephone number where they can be reached on the telephone message recording device, if a Division representative is not available. Said black bear must be brought to a designated black bear check station on the next weekday to be registered and to receive a legal possession tag.3. The black bear management zones are located as follows: i. Zone 1. That portion of Warren and Sussex Counties lying within a continuous line beginning at the intersection of the Portland Bridge and the Delaware River at Columbia; then northward along the east bank of the Delaware River to the New York State Line; then east along the New York State Line to Rt. 519; then south along Rt. 519 to its intersection with Rt. 627; then south along Rt. 627 to its intersection with Rt. 626; then south along Rt. 626 to its intersection with Rt. 521; then southwest along Rt. 521 to its intersection with Rt. 94 in Blairstown; then southwest along Rt. 94 to the Portland Bridge, the point of beginning in Columbia. The islands of Labar, Tocks, Poxono, Depew, Namanock, Minisink and Mashipacong lying in the Delaware River are also included within this Hunting Area.ii. Zone 2. That portion of Sussex, Warren and Morris Counties lying within a continuous line beginning at Portland Bridge in Columbia; then northward along Rt. 94 to its intersection with Rt. 521 in Blairstown; then north along Rt. 521 to its intersection with Rt. 626; then north along Rt. 626 to its intersection with Rt. 627; then north along Rt. 627 to its intersection with Rt. 519 in Branchville; then north along Rt. 519 to the New York State Line; then southeast along the New York State line to Rt. 517; then south along Rt. 517 to its intersection with Rt. 94; then south on Rt. 94 to its intersection with Rt. 23 in Hamburg Borough; then south along Rt. 23 to its intersection with Rt. 517 in Franklin; then south along Rt. 517 to its intersection with Rt. 15 in Sparta; then south along Rt. 15 to its intersection with Interstate 80 in Dover; then west along interstate 80 to its intersection with Rt. 94; then south along Rt. 94 to the intersection with the Portland Bridge and the Delaware River located in Columbia, the point of beginning.iii. Zone 3: That portion of Sussex, Passaic, Morris, and Bergen Counties lying within a continuous line beginning at the intersection of Rt. 80 and Rt. 15 in Dover; then north along Rt. 15 to its intersection with Rt. 517 in Sparta; then north along Rt. 517 to its intersection with Rt. 23 in Franklin; then north along Rt. 23 to its intersection with Rt. 94 in Hamburg Borough; then north along Rt. 94 to its intersection with Rt. 517; then north along Rt. 517 to the New York State Line; then east along the New York State Line to its intersection with Rt. 287; then south along Rt. 287 to its intersection with Rt. 80; then west along Rt. 80 to its intersection with Rt. 15 the point of beginning in Dover.iv. Zone 4. That portion of Sussex, Warren, Morris, Somerset and Hunterdon Counties lying within a continuous line beginning at the intersection of Route 78 and the Delaware River; then north along the east bank of the Delaware River to the Portland Bridge at Columbia; then northeast along Rt. 94 to its intersection with Rt. 80; then east along Rt. 80 to its intersection with Rt. 287; then southwest along Rt. 287 to its intersection with Rt. 78; then west along Rt. 78 to the Delaware River the point of beginning.v. Zone 5. That portion of Hunterdon, Mercer, Morris, Passaic, Somerset, and Warren Counties lying within a continuous line beginning at the intersection of Rt. 78 and the Delaware River; then east along Rt. 78 to its intersection with Rt. 287; then northeast along Rt. 287 to its intersection with Rt. 202 in Oakland; then south along Rt. 202 to its intersection with Rt. 23; then south along Rt. 23 to its intersection with Rt. 80; then west along Rt. 80 to its intersection with the Passaic River; then west along the north bank of the Passaic River to its intersection with Rt. 80; then west on Rt. 80 to its intersection with Rt. 280; then south along Rt. 280 to its intersection with Rt. 632; then south along Rt. 632 to its intersection with Rt. 608; then south along Rt. 608 to its intersection with Rt. 124; then southeast along Rt. 124 to its intersection with Rt. 638; then south along Rt. 638 to its intersection with Rt. 531; then south along Rt. 531 to its intersection with Rt. 527; then south along Rt. 527 to its intersection with Rt. 533; then south along Rt. 533 to its intersection with Rt. 206; then south along Rt. 206 to its intersection with Rt. 518; then west along Rt. 518 to its intersection with Rt. 165; then west along Rt. 165 to its intersection with Rt. 179; then west along Rt. 179 to the Delaware River; then north along the east bank of the Delaware River to its intersection with Rt. 78, the point of beginning.vi. Zone 6. That portion of Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Somerset, and Union Counties lying within a continuous line beginning at the intersection of Rt. 287 and the New York state line; then southeast along the New York state line to the Hudson River; then south along the west shore of the Hudson River to Upper New York Bay; then south along the shore of Upper New York Bay to the Kill Van Kull; then west along the north shore of the Kill Van Kull to Newark Bay; then west across Newark Bay to its confluence with the Arthur Kill; then south along the west shore of the Arthur Kill to its intersection with Route 440; then west along Route 440 to its intersection with Route 287; then west along Route 287 to its intersection with Rt. 533; then north along Rt. 533 to its intersection with Rt. 527; then north along Rt. 527 to its intersection with Rt. 531; then north along Rt. 531 to its intersection with Rt. 638; then north along Rt. 638 to its intersection with Rt. 124; then northwest along Rt. 124 to its intersection with Rt. 608; then north along Rt. 608 to its intersection with Rt. 632; then north along Rt. 632 to its intersection with Rt. 280; then northwest along Rt. 280 to its intersection with Rt. 80; then east along Rt. 80 to its intersection with the Passaic River; then east along the north bank of the Passaic River to its intersection with Rt. 80; then east along Rt. 80 to its intersection with Rt. 23; then north along Rt. 23 to its intersection with Rt. 202; then north along Rt. 202 to its intersection with Rt. 287; then north along Rt. 287 to its intersection with the New York state line, the point of beginning.vii. Zone 7. That portion of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Salem, and Somerset Counties lying within a continuous line beginning at the intersection of Rt. 179 and the Delaware River; then east along Rt. 179 to its intersection with Rt. 165; then east along Rt. 165 to its intersection with Rt. 518; then east along Rt. 518 to its intersection with Rt. 206; then north along Rt. 206 to its intersection with Rt. 533; then north along Rt. 533 to its intersection with Rt. 287; then east along Rt. 287 to its intersection with Rt. 440; then east along Rt. 440 to its intersection with the Arthur Kill at Perth Amboy; then south along the west shore of the Arthur Kill to Raritan Bay, then south and east along the shore of Raritan Bay to Sandy Hook; then north along the east shore of Sandy Hook Bay to the tip of Sandy Hook; then south along the Atlantic Ocean to the Delaware Bay shore; then north and west along the shore of Delaware Bay to its intersection with the Delaware River; then north along the east bank of the Delaware River to its intersection with Rt. 179, the point of beginning.4. During the entirety of Segment A, bows as described in N.J.A.C. 7:25-5.24 may be used. During the last three days of Segment A, muzzleloader rifles of .44 or larger caliber may also be used. During Segment A, no shotgun shall be used to hunt black bears. During Segment B, only shotguns no smaller than 20 gauge or larger than 10 gauge with rifled slugs, and/or muzzleloader rifles of .44 or larger caliber shall be used. In either segment, persons hunting with muzzleloader rifle must also possess a current and valid rifle-hunting permit.5. Hunting manner shall be by stand hunting, still-hunting, or drive hunting with bow, shotgun, or muzzle-loader rifle. Black bears may not be taken from dens. No person shall attempt to take or kill a black bear or have in their possession or control any firearm, or other weapon of any kind within 300 feet of a baited area (N.J.S.A. 23:4-24.2). Persons hunting black bears with a firearm must wear a cap made of daylight fluorescent orange or an outer garment containing at least 200 square inches of fluorescent orange material visible from all sides at all times while hunting.6. A Black Bear Management Zone Map is on file at the Office of Administrative Law and is available from the Division. The Black Bear Hunting Season Permit Quotas are as set forth by Zone as follows: BLACK BEAR HUNTING SEASON PERMIT QUOTAS
| Bear Management Zone | Hunting Season Permit Quota | Portions of Counties Involved |
| 1 | 2,000 | Sussex, Warren |
| 2 | 3,000 | Sussex, Warren, Morris |
| 3 | 3,000 | Sussex, Passaic, Morris, Bergen |
| 4 | 2,000 | Warren, Hunterdon, Morris, Somerset, Sussex |
| 5 | 1,000 | Hunterdon, Mercer, Morris, Passaic, Somerset, and Warren |
| 6 | 0 | Somerset, Union, Middlesex, Bergen, Essex, Hudson, Morris, Passaic |
| 7 | 0 | Hunterdon, Mercer, Somerset, Ocean Middlesex, Monmouth, Burlington, Camden, Gloucester, Atlantic Salem, Cumberland, Cape May |
(b) If the season harvest rate of black bears is less than 20 percent at the conclusion of the last day of Segment B, the season shall be extended for four additional consecutive days, beginning the Wednesday after the six-day firearm season as enumerated in N.J.A.C. 7:25-5.27(a), as an extension of Segment B. This extension shall be announced by press, radio, the Division's website (www.njfishandwildlife.com), and other media.(c) Authority: The authority for the adoption of the foregoing section is found in N.J.S.A. 23:4.1 and other applicable statutes.N.J. Admin. Code § 7:25-5.6
Amended by 47 N.J.R. 2264(a), effective 9/8/2015Amended by 47 N.J.R. 2753(c), effective 11/16/2015Amended by 49 N.J.R. 2921(a), effective 9/5/2017Amended by 53 N.J.R. 683(b), effective 5/3/2021 (operative May 8, 2021)Amended by 55 N.J.R. 2056(a), effective 10/2/2023