On August 20, 2018, Governor Murphy issued Executive Order No. 34  grossly limiting the hunting of black bears in the State.

“The Commissioner shall take all necessary and appropriate actions within the Commissioner’s authority to protect black bears on lands controlled by the State of New Jersey, including deciding whether to close said lands to the hunting of black bears pursuant to the Commissioner’s authority at N.J.S.A. 13:1B-5 et seq., as clarified and confirmed in Safari Club International v. New Jersey Department of Environmental Protection, 373 N.J. Super. 515 (App. Div. 2004).”

The New Jersey Division of Fish and Wildlife (DFW), within the Department of Environmental Protection, issued a “Status Report On the Implementation of the 2015 Comprehensive Black Bear Management Policy,” dated January 4, 2018.   The report describes the evolution of bear management control in New Jersey, set forth in the “Comprehensive Black Bear Management Policy (CBBMP),” last updated in 2015.

DFW “manages black bears according to its . . . CBBMP to ensure the continued survival of black bears in New Jersey,” based on research conducted by the agency since 1980.

According to DFW, the following significant accomplishments obtained since the 2015 CBBMP was approved include:

• “DFW presented educational programs to nearly 15,000 people in 19 counties.

• “DFW partnered with “Untamed Science” to produce more than 200 copies of the Understanding Black Bears educational kits to schools.

• “DFW partnered with Untamed Science to convert the Understanding Black Bears curriculum to a web-based portal, which K-8 teachers and students can use free of charge.

• “DFW updated content on the NJDFW website.

• “DFW has updated, produced, and distributed 1,000 “Living in Bear Country” DVDs, 150,000 Know the Bear Facts brochures (40,000 in Spanish), 1,000 educational magnets, and 6,500 Bear Safety Signs for State Park trailheads.

• “DFW increased its presence on social media, specifically Facebook, to increase public awareness about bears.

• “DFW biologists captured 436 bears for research tagging and biological sampling, 77% of which were not previously tagged.

• “DFW worked on 96 bears in winter dens for ongoing fecundity measurements.

• “DFW biologists handled 2 adult female bears with a 6-cub litters.

• “DFW continues to provide samples to East Stroudsburg University for DNA analysis and research on black bear diseases and parasites.

• “DFW cooperated with University of WV and University of Utah on two research studies involving bear-human interaction.

• “DFW is collaborating with Stockton University on a research review of bear birth control efficacy.

• “DFW and Colorado State University are initiating research on bear-human conflicts.

• “DFW cooperated with PA and WV and West Virginia University on a habitat use study in the urban-wild land interface.

Despite these accomplishments, Governor Murphy, through his executive order will “limit the use of State lands for the black bear hunt” based, in part, on purported “considerable public outcry against a hunt.”  If the new test for regulation of animal issues is “public outcry” all animal-related industries should be concerned.

It appears that such limitations would not affect Special Farmer Black Bear Permits, even if the farm is a preserved farm pursuant to the State’s farmland preservation laws, since the holding of the lawsuit cited in the executive order, Safari Club International v. New Jersey Department of Environmental Protection, 373 N.J. Super. 515 (App. Div. 2004), only permitted the Commissioner of the Department of Environmental Protection to limit hunting on lands owned or controlled by the Department of Environmental Protection, not the State of New Jersey.

The protection of livestock from bears remains a concern of farmers in the State.  I personally observed the lethal results of bear attacks on my patients when I was practicing as a large animal veterinarian and to horses when I served as the State Veterinarian.

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