An Act prohibiting the use of lead ammunition in hunting, amending R.S.23:1-1 and R.S.23:4-13, and supplementing Title 23 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.23:1-1 is amended to read as follows:

R.S.23:1-1. As used in this title:

"Ammunition" means an object consisting of all the following components: a fixed metallic or nonmetallic hull casing containing a primer; one or more projectiles, bullets, or shots; and gunpowder. All the specified components shall be present for an object to be ammunition. Ammunition shall not include, without limitation, blank ammunition, air gun pellets, flare gun ammunition, nail gun ammunition, paint ball ammunition, or any non-fixed ammunition;

"Apprentice license" means any resident's apprentice firearm hunting license, resident's apprentice bow and arrow license, nonresident's apprentice firearm hunting license, or nonresident's apprentice bow and arrow license issued pursuant to R.S.23:3-4;

"Assistant protector" or "assistant fish and game protector" means the Deputy Chief of the Bureau of Law Enforcement in the division;

"Closed season" means the date and time of year when wildlife may not be captured, taken, killed, or had in possession in the field;

"Code" means the State Fish and Game Code;

"Conservation police officer" means any sworn, salaried member of the Bureau of Law Enforcement in the division holding the titles of Conservation Police Officer I, II, or III, and includes the titles of Supervising Conservation Police Officer and Chief of the Bureau of Law Enforcement;

"Council" means the Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection;

"Delaware river" means the waters of the Delaware river from the Pennsylvania shore to the New Jersey shore, or in the case of any tributaries or inland bays on the New Jersey side, to the mouths of those tributaries or bays;

"Deputy warden" or "deputy fish and game warden" means any commissioned deputy conservation police officer of the Bureau of Law Enforcement in the division;

"Division," "Division of Fish, Game and Wildlife," "board," or "Board of Fish and Game Commissioners" means the Division of Fish and Wildlife in the Department of Environmental Protection;

"Fishing" means the possession of an instrument used to take fish in a condition that makes the instrument readily usable, while in a place or in proximity thereto where fish may be found;

"Hunting" means the possession of an instrument used to take wildlife in a condition that makes the instrument readily usable, while in a place or in proximity thereto where wildlife may be found;

"Nonlead ammunition" means ammunition that: contains no lead; is constituted of one percent or less of lead; or the federal government has approved as nonlead ammunition;

"Open season" means the date and time of year when wildlife may be captured, taken, killed, or had in possession;

"Protector" or "fish and game protector" means the Chief of the Bureau of Law Enforcement in the division;

"Warden" or "fish and game warden" means a conservation police officer;

"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.

(cf: P.L.2019, c.407, s.5)

2. R.S.23:4-13 is amended to read as follows:

23:4-13. A person shall not use in hunting any fowl or animals of any kind any ammunition or any firearm except as permitted by the provisions of the State Fish and Game Code, or, in the absence of [such] a provision related to firearms in [said] the code, except a shotgun being not larger than [ten] 10 gauge, and capable of holding not more than two cartridges at one time, or that may be fired more than twice without reloading, or use a silencer on any firearm when hunting for game or fowl, under a penalty of $100 for each offense.

The division in its discretion may issue permits for the use of a rifle for shooting woodchucks only. A person shall not use any missile larger than as permitted by the provisions of the State Fish and Game Code, or, in the absence of [such] a provision related to firearms in [said] the code, larger than number four shot in possession in the woods or fields at any time other than during the open season for killing deer, under a penalty of $100 for each offense.

A person shall not use in hunting any fowl or animals of any kind any ammunition except as permitted by the provisions of the State Fish and Game Code, under a penalty of not less than $100 or more than $1,500 for the first offense and not more than $4,000 for a second or subsequent offense.

(cf: P.L.2023, c.330, s.3)

3. (New section) a. The council shall phase in restrictions that increasingly limit the use of lead ammunition to hunt wildlife in the State and, within three years of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the council shall require that only nonlead ammunition be used to hunt wildlife in the State.

b. The council shall establish and annually update a list of certified nonlead ammunition. The list of certified nonlead ammunition shall include, but not be limited to, any federally approved nonlead ammunition.

c. This section shall not apply to government officials or their agents when carrying out a statutory duty required by law that is unrelated to the management of wildlife.

4. (New section) In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the council shall adopt rules and regulations as necessary to implement P.L. , c. (C. ) (pending before the Legislature as this bill).

5. This act shall take effect immediately.

STATEMENT

This bill requires the use of nonlead ammunition when hunting in the State. Nonlead ammunition includes ammunition that contains one percent of lead or less. Even if the ammunition contains more than one percent of lead, the ammunition is still considered nonlead if the federal government categorizes it as nonlead ammunition. The Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection (the council) is required to ban the use of lead ammunition in hunting within three years of the effective date of this bill. Before instituting the ban, the council is required to phase in restrictions that increasingly limit the use of lead ammunition in hunting. The council is also required to establish a list of certified nonlead ammunition. The requirements related to nonlead ammunition are not applicable to law enforcement officials or their agents when they are carrying out their statutory duties unrelated to the management of wildlife.

For each violation of the nonlead ammunition rules and regulations adopted by the council, a person receives a penalty of no less than $100 and no more than $1,500 for a first offense and a penalty of no more than $4,000 for a second or subsequent offense.