S4821

An Act concerning regulations of endangered and threatened species, amending P.L.1973, c.309 and P.L.1989, c.56, and supplementing Title 4 of the Revised Statutes.

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

1. Section 3 of P.L.1973, c.309 (C.23:2A-3) is amended to read as follows:

3. For the purposes of P.L.1973, c.309 (C.23:2A-1 et seq.), unless the context clearly requires a different meaning:

“Best available scientific and commercial data” means all relevant and objective empirical and commercial information available at the time of agency action, including credible and reliable data, quantitative analyses, conceptual and numerical models, and model results, that account for known or potential sources of error, are applied using prevailing principles, methods, tools, and professional standards of practice, and are impartially gathered and objectively applied without reliance on precautionary assumptions in favor of a species or other assumptions or policy prescriptions that bias the application;

"Commissioner" means the Commissioner of the Department of Environmental Protection;

"Department" means the Department of Environmental Protection;

"Endangered species" means any species or subspecies of wildlife whose prospects of survival or recruitment are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors: (1) the destruction, drastic modification, or severe curtailment of its habitat, or (2) its over-utilization for scientific, commercial or sporting purposes, or (3) the effect on it of disease, pollution, or predation, or (4) other natural or manmade factors affecting its prospects of survival or recruitment within the State, or (5) any combination of the foregoing factors. The term shall also be deemed to include any species or subspecies of wildlife appearing on any federal endangered species list;

“Foreseeable future” means as far into the future as the department can make reasonably reliable predictions, on a case-by-case basis, about the threats to a species and a species’ response to those threats, using the best available scientific and commercial data, and taking into account considerations including: (1) the species’ life-history characteristics, (2) the projected time-frame of the threat, and (3) environmental variability;

"Nongame species" means any wildlife for which a legal hunting or trapping season has not been established or which has not been classified as an endangered species by statute or regulation of this State;

"Take" means to harass, hunt, capture, kill, or attempt to harass, hunt, capture, or kill, wildlife;

"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.2016, c.6, s.2)

2. Section 4 of P.L.1973, c.309 (C.23:2A-4) is amended to read as follows:

4. a. The commissioner shall conduct investigations concerning wildlife indigenous to the State in order to develop information relating to populations, distribution, habitat needs, limiting factors and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully, without consideration to the economic or other impacts of determinations. On the basis of such determinations the commissioner shall develop management programs which shall be designed to insure the continued ability of wildlife to perpetuate themselves successfully.

b. On the basis of such investigations of wildlife and other available scientific and commercial data the commissioner may by rule or regulation promulgate a list of those species and subspecies of wildlife indigenous to the State which are determined to be endangered, giving their common and scientific names by species and subspecies. [The commissioner shall periodically review the State list of endangered species and may by regulation amend the list making such additions or deletions as are deemed appropriate.]

c. No later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and at least every 10 years thereafter, the commissioner shall review and, if warranted, subsequently amend or update the list required under this section with such additions or deletions as are deemed appropriate.

d. The commissioner shall delist a species if the Secretary determines, based on consideration of the factors and standards set forth in this section, that the best available scientific and commercial data substantiate that:

(1) the species is extinct;

(2) the species has recovered to the point that it no longer meets the definition of an endangered or threatened species;

(3) information has become available since the original listing decision that shows that the listed entity does not meet the definition of an endangered or threatened species; or

(4) information has become available since the original listing decision that shows that the listed entity no longer meets the definition of a species.

e. The commissioner shall establish programs necessary for the conservation of endangered or threatened species, including:

(1) acquisition of land or aquatic habitat or interests therein;

(2) designation of areas as essential habitats for endangered and threatened species;

(3) objective, incremental recovery goals for the species; and

(4) management protocols for designated essential habitats.

(cf: P.L.2016, c.6, s.3)

3. Section 3 of P.L.1989, c.56 (C.13:1B-15.153) is amended to read as follows:

3. As used in [this act] P.L.1989, c.56 (C.13:1B-15.151 et seq.):

"Commissioner" means the Commissioner of the Department of Environmental Protection;

"Department" means the Department of Environmental Protection;

"Endangered species" means any native plant species whose survival in the State or the nation is in jeopardy, including, but not limited to, plant species designated as listed, proposed, or under review by the federal government as endangered or threatened throughout its range in the United States pursuant to the "Endangered Species Act of 1973," Pub.L.93-205 (16 U.S.C. s. 1533), any additional species known or believed to be rare throughout its worldwide range, and any species having five or fewer extant populations within the State;

"Plant" means any member of the Plant Kingdom, including all roots, stems, leaves, flowers, fruits, seeds, spores, gametophytes and other parts thereof;

"Species" means any species, subspecies, or variety of plant.

(cf: P.L.1989, c.56, s.3)

4. Section 4 of P.L.1989, c.56 (C.13:1B-15.154) is amended to read as follows:

4. a. Within one year of the effective date of [this act] P.L.1989, c.56 (C.13:1B-15.151 et seq.), the Division of Parks and Forestry in the Department of Environmental Protection shall, on the basis of research and investigations and other available scientific data on plant species, [and] with the benefit of public comment, and without consideration to the economic or other impacts of determinations, develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a list of plant species occurring in the State which are endangered, either by the destruction, drastic modification, or severe curtailment of their habitat; their over-collection for aesthetic, commercial, educational, recreational, or scientific purposes; the effect on them of disease, pollution, or predation; or any other factor or combination of factors, natural or man-made.

b. No later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and at least every 10 years thereafter, the commissioner shall review and, if warranted, subsequently amend or update the list required under this section, with such additions or deletions as are deemed appropriate.

c. The commissioner shall delist a plant species if the Secretary determines, based on consideration of the factors and standards set forth in this section, that the best available scientific and commercial data substantiate that:

(1) the species is extinct;

(2) the species has recovered to the point that it no longer meets the definition of an endangered or threatened species;

(3) information has become available since the original listing decision that shows that the listed entity does not meet the definition of an endangered or threatened species; or

(4) information has become available since the original listing decision that shows that the listed entity no longer meets the definition of a plant species.

d. The commissioner shall establish programs necessary for the conservation of endangered plant species, including:

(1) acquisition of land or interests therein;

(2) designation of areas as essential habitats for endangered and threatened plant species;

(3) objective, incremental recovery goals for the species; and

(4) management protocols for designated essential habitats.

(cf: P.L.1989, c.56, s.4)

5. (New Section) If the United States Fish and Wildlife Service removes the black vulture from the list of protected species under the federal “Migratory Bird Treaty Act” (16 U.S.C. s.703 et seq.), or if the federal “Migratory Bird Treaty Act” is repealed, the department shall promulgate rules and regulations authorizing the taking of black vultures in a similar manner and with the same authorizations as a Migratory Bird Depredation Permit issued by the United States Fish and Wildlife Service.

6. This act shall take effect immediately.

STATEMENT

This bill requires the Commissioner of Environmental Protection to review, and if necessary, update, the lists of endangered wildlife and plant species, within one year after the bill’s enactment, and at least every 10 years thereafter. This aligns State standards with existing federal regulations.

The commissioner would be directed to delist a wildlife or plant species if: (1) the species becomes extinct; (2) the species recovers to the point that it no longer meets the definition of an endangered or threatened species; (3) information becomes available showing that the listed entity no longer meets the definition of an endangered or threatened species; or (4) information becomes available showing that the listed entity no longer meets the definition of a species. The commissioner would be required to make this determination without consideration to the economic or other impacts of adding or delisting a wildlife or plant species.

The commissioner would be required to establish programs for the conservation of endangered wildlife and plant species, including the acquisition of land or aquatic habitats, the designation of certain areas as essential habitats, and the adoption of habitat management protocols.

Finally, the bill would require the Department of Environmental Protection (DEP) to promulgate rules and regulations authorizing the taking of black vultures, if the black vulture is delisted as a protected species under the federal “Migratory Bird Treaty Act” (16 U.S.C. s.703 et seq.), or if the federal “Migratory Bird Treaty Act” is repealed.