N.J. Admin. Code § 7:25-5.13

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:25-5.13 - Migratory birds

(a) Should any open season on migratory game birds, including waterfowl, set by Federal regulation include the opening day of the pheasant season (see N.J.A.C. 7:25-5.2(d) ), the starting time for hunting of the migratory game bird season on such date will be 8:00 A.M. to coincide with the opening of the pheasant season on that date on Wildlife Management areas stocked with pheasants and quail as enumerated in N.J.A.C. 7:25-5.33(a)2. However, this shall not preclude the hunting of migratory game birds, including waterfowl, on the tidal marshes of the State as regularly prescribed throughout the season by Federal regulations.

(b) Unless otherwise provided, methods for taking migratory birds shall be in accordance with the code of Federal hunting regulations described in the current regulatory announcement, U.S. Department of the Interior, U.S. Fish and Wildlife Service.

(c) A person shall not take, attempt to take, hunt for, or have in possession, any migratory game birds, including waterfowl, except at the time and in the manner prescribed in the Code of Federal Regulations by the U.S. Department of the Interior, U.S. Fish and Wildlife Service, for the current hunting season or during the period that a U.S. Department of Interior, U.S. Fish and Wildlife Service Conservation Order or Managed Take Option is in effect. During the period that any Federal Conservation Order or Managed Take Option for Canada geese is in effect, the take of Canada geese will be limited to private, agricultural lands during August 1-31. For the purposes of this section, agricultural lands means an area of five acres or more, producing a gross income in excess of $ 500.00 and tax assessed as farmland. Any Federal Conservation Order or Managed Take Option for Canada geese would be implemented only after the Division requests, and is granted authority from, the U.S. Department of the Interior. Farmers or other individuals participating in any Federal Conservation Order or Managed Take Option for Canada geese shall obtain a permit from the Division of Fish and Wildlife. The species of migratory game birds, including waterfowl, that may be taken or possessed and, unless otherwise provided, the daily bag limits shall be the same as those prescribed by the U.S. Department of the Interior, U.S. Fish and Wildlife Service for the current hunting season or during the period that a Conservation Order or Managed Take Option is in effect. Anyone engaged in hunting migratory birds including waterfowl, woodcock, mourning doves, rails, gallinules, and light geese under a Conservation Order must comply with the rules of the Migratory Bird Harvest Information Program (HIP) as specified in 50 C.F.R. § 20.20 Migratory Bird Harvest Information Program; Final Rule, incorporated herein by reference, wherein licensed hunters are required to supply their names, addresses, and migratory bird harvest information to the hunting license authority of the state in which they hunt. Hunters are required to have evidence of participation in the Migratory Bird Harvest Information Program on their person while hunting migratory game birds. Evidence of participation shall include a HIP certification on his or her valid hunting license. The HIP certification shall be obtained via the Division's ELS.

(d) Herring Island: There shall be no open season for hunting any game birds or animals, including migratory waterfowl, in the following designated area of Barnegat Bay including all of Herring Island in the Township of Brick and that portion of Barnegat Bay lying between the northern and southern tips of Herring Island easterly to the adjacent shoreline of the Borough of Mantaloking in the County of Ocean.

(e) Shark River: There shall be no open season for hunting any game birds or animals, including migratory waterfowl, on the Shark River in Monmouth County, or the shores thereof.

(f) State laws and regulations can be more stringent but not more lenient than the time and manner prescribed by the Code of Federal Regulations (Title 50) for taking migratory birds during a hunting season or the period that a Conservation Order or Managed Take Option is in effect.

(g) Hunting hours for waterfowl shall be those hours that are prescribed by the Department of the Interior, United States Fish and Wildlife Service for the current hunting season or during the period that a Conservation Order or Managed Take Option is in effect except that hunting hours for snow geese shall end at sunset from October 1 until the closing of the special winter Canada goose season.

(h) A special swan permit shall be required to hunt swans, if the appropriate prescribed special season is established by Federal regulations. If a special season for swan is established by Federal regulations, the special swan hunting area shall be that portion of the State designated by Federal regulations. The September Canada Goose hunting area shall be that portion of the State designated by Federal regulations. The late season Canada goose hunting areas shall be that portion of the State established by Federal regulations. Hunting areas for any other migratory bird special season shall be that portion of the State designated by Federal regulations. Permitting requirements for pursuing snow geese and/or Canada geese will conform to requirements prescribed in the Code of Federal Regulations during the period of any Conservation or Managed Take Option, authorized by Federal Regulations, is in effect.

(i) Valid and signed Federal and State waterfowl stamps are required for hunting ducks and geese for everyone 16 years of age or over. Federal stamp requirements for pursuing snow geese and/or Canada geese during any period that a Conservation Order or Managed Take Option is in effect will be as prescribed by Federal Regulations. State stamps are required for pursuing snow geese and/or Canada geese during any period that a Conservation Order or Managed Take Option is in effect. Regular state valid hunting license is also required to hunt ducks and geese and to pursue snow geese and/or Canada geese during the period that a Conservation Order or Managed Take Option is in effect that may be authorized by Federal Regulations.

(j) Waterfowl hunting on Delaware River is governed by State boundaries and restricted to respective State seasons.

(k) The prohibition against shooting waterfowl or placing a boat or other structure at a greater distance than 100 feet from shore shall not apply in all the waters of the State and Atlantic Ocean.

(l) A person shall not take or attempt to take migratory game birds:

1. With a shotgun capable of holding more than three shells at one time or that may be fired more than three times without reloading except as may be provided for by Federal regulations during a hunting season or period that a Conservation Order or Managed Take Option is in effect;

2. With a trap, net, cable restraint, rifle, pistol, shotgun larger than 10 gauge, fish hook, poison, drug, or explosive;

3. From a sinkbox (a low floating device affording the hunter a means of concealment beneath the surface of the water);

4. From any motorboat or sailboat unless the motor has been shut off and/or the sail furled and the boat has stopped. However, crippled birds may be shot from craft under power in the sea duck area;

5. From a car or other motor-driven conveyance, or any aircraft;

6. Using live birds as decoys, or by the use or aid of livestock as a blind or means of concealment;

7. Using records or tapes of migratory birdcalls, or electrically amplified imitations of birdcalls, except for snow geese and/or Canada geese as provided for by Federal regulations and for crows;

8. By driving or chasing birds with any motorized conveyance or any sailboat to put them in range of hunters;

9. By the aid of baiting (placing feed seeds such as corn, wheat, salt, or other feed to constitute a lure or enticement) in or over any baited area. The prohibition contained in this paragraph does not apply to crows (Corvus spp.). A baited area is considered to be baited for 10 days after the removal of the bait;

10. Without making reasonable effort to retrieve dead or crippled birds and including them in the daily limit, crippled birds must be immediately killed;

11. Before 8:00 A.M. on the opening day of the pheasant season (see N.J.A.C. 7:25-5.2(d) ) on Wildlife Management areas stocked with pheasants and quail as enumerated in N.J.A.C. 7:25-5.33(a)2. However, this shall not preclude the hunting of migratory game birds on tidal waters or tidal marshes of the State;

12. In or on the shores of Shark River;

13. In that portion of the Manasquan River from the ocean inlet upstream to Route 70 bridge;

14. Except at the time and manner prescribed by the State or Federal regulation, or by the current Game Code;

15. With shotgun shells loaded with pellets larger than No. 4 fine shot except those persons engaged in hunting waterfowl may use nothing larger than T (.200 inch) steel shot and nothing larger than T (.200 inch) fine shot for other forms of non-toxic shot authorized by Federal regulations;

16. And possess more than one daily bag while in the field or while returning from the field to one's car, hunting, camping, home, etc.;

17. And leave them at any place or in the custody of another person unless the birds are tagged by the hunter with the following information:

i. The hunter's signature and address.

ii. The total number and species of birds involved.

iii. The date such birds were killed.

18. And ship them unless the package is marked on the outside with:

i. The name and address of person sending the birds.

ii. The name and address of the person to whom the birds are being sent.

iii. The number of each species contained in the package.

19. And completely field dress them and transport them from the field. The head or one fully feathered wing must remain attached to all such birds while being transported from the field to one's home or to a commercial preservation facility.

20. On the non-tidal waters of the Cox Hall Creek Wildlife Management Area.

21. In the waters or shoreline of Barnegat Inlet. For the purpose of this section, Barnegat Inlet is defined as the shoreline and waters westward from the International Regulations for Preventing Collisions at Sea (COLREGS) Demarcation Line as designated at 33 CFR 80.501; to the north end of Broadway in Barnegat Light (39.763133 N; 074.108317 W); then northwest to Red Buoy 14 in the channel (39.763783 N; 074.109283 W); then northeast to the westernmost section of rock jetty at Island Beach State Park (39.771617 N; 074.103017 W).

(m) Seasons and bag limits are as follows:

1. Mourning dove (Zenaida macroura) and sandhill crane (Grus canadensis) are protected. There is a closed season for mourning dove and sandhill crane.

2. The duration of the season and bag limits for hunting clapper rail (Rallus longirotstris), Virginia rail (Rallus limicola), sora rail (Porzana carolina), and woodcock (Scolopax minor) are as prescribed by the Code of Federal Regulations by the U.S. Department of the Interior, U.S. Fish and Wildlife Service, for the current hunting season. The bag limit for common gallinule or moorhen (Gallinula chloropus) is one bird per day.

(n) American woodcock zones and hunting hours are as follows:

1. North Zone: That portion of the State situated north of Route 70 from Point Pleasant west to Camden.

2. South Zone: That portion of the State situated south of Route 70 from Point Pleasant west to Camden.

3. Hunting hours for American woodcock are sunrise to sunset except on the opening day of pheasant season, as specified in N.J.A.C. 7:25-5.2(d), when the hunting hours are 8:00 A.M. to sunset.

(o) The special sea duck hunting area for New Jersey is defined as all coastal waters seaward from the International Regulations for Preventing Collisions at Sea (COLREGS) Demarcation Lines shown on National Oceanic and Atmospheric Administration (NOAA) Nautical Charts and further as designated at 33 CFR 80.165, 80.501, 80.502, and 80.503.

(p) The special scaup hunting area for New Jersey is defined as the Delaware Bay, Delaware River and tidal waters east of the Garden State Parkway (tributaries of the Delaware Bay, Delaware River, or the non-tidal section of the Delaware River above Trenton Falls are not included).

(q) Parker Creek and Oceanport Creek: There shall be no open firearm season for hunting any game bird or mammal including waterfowl on Parker Creek and Oceanport Creek, Monmouth County, or the shores thereof, southwest or upstream of the Conrail R.R. bridge.

(r) Special Youth Waterfowl Hunting Days will be held on the dates and in the manner prescribed at 50 CFR Part 20 for the current hunting season. Youth hunters must possess a current and valid youth firearms license or be less than 16 years of age on the season date and qualified to hunt without a license under the farmer license exemption. All youth hunters must be under the direct supervision of a licensed, non-hunting adult 21 years of age or older. Direct supervision means the youth hunter and the supervising adult are together at the same location. The youth hunter may not hunt independently of the supervising adult.

(s) Authority: The authority for the adoption of the foregoing section is found in 23:4-1, 23:4-11, 23:4-12, 23:4-15, 23:4-18, 23:4-19, 23:4-24.2, 23:4-24.3, 23:4-27, 23:4-30 and 23:4-3, 50 C.F.R. Parts 10.1 and 20.1 et seq. and other applicable statutes.

N.J. Admin. Code § 7:25-5.13

Amended by 47 N.J.R. 2264(a), effective 9/8/2015

Amended by 49 N.J.R. 2921(a), effective 9/5/2017

Amended by 53 N.J.R. 683(b), effective 5/3/2021 (operative May 8, 2021)