ANIMAL PROTECTION LEAGUE OF NEW JERSEY, ET AL. VS. NEW JERSEY FISH AND GAME COUNCIL, ET AL. (NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION) - Published
New Jersey's black bear hunt has drawn considerable public and judicial scrutiny over the years. At issue on this appeal is the validity of the emergency rule that precipitated the December 2022 hunt.
On November 15, 2022, the State authorized the adoption of a new Comprehensive Black Bear (Ursus americanus) Management Policy (CBBMP) and related amendments to the State Fish and Game Code (Game Code), N.J.A.C. 7:25-5.1 to -5.39, pursuant to its emergency rulemaking authority under the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -15, thereby permitting a two-week black bear hunt that was scheduled to commence three weeks later on December 5, 2022. The emergency rule was approved by respondents New Jersey Fish and Game Council (Council); Council Chairman Frank J. Virgilio; New Jersey Department of Environmental Protection (DEP); DEP Commissioner Shawn M. LaTourette; and Governor Philip D. Murphy.
Following the November 30, 2022 emergent application of appellants Animal Protection League of New Jersey, Angela Metler, Doreen Frega, and others to move for a stay of the November 15, 2022 concurrent emergency rule and proposed 2022 CBBMP, the court temporarily stayed the hunt and considered appellants' application. On December 5, 2022, the court denied appellants' motion and lifted the stay; the Supreme Court denied appellants' ensuing emergent application for relief. The black bear hunt thus proceeded. Thereafter, the 2022 CBBMP and amendments to the Game Code rule were adopted pursuant to formal rulemaking.
Noting the issues raised on appeal concern matters of public interest, the court considered the merits of appellants' contentions on a full record and concludes the State violated the emergency rulemaking requirements under section N.J.S.A. 52:14B-4(c) of the APA, both by failing to demonstrate enactment of the rule was necessary on fewer than thirty days' notice and the hunt was necessary to avert imminent peril. Accordingly, the court reverses the State's emergency rulemaking.