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    Endangered species in New Jersey

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    Public Policy Logo-one line.pngin New Jersey

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    Endangered species policy in New Jersey involves the identification and protection of endangered and threatened animal and plant species. Policies are implemented and enforced by both the state and federal governments.

    HIGHLIGHTS
  • As of July 2016, New Jersey was home to 16 species—six endangered species and 10 threatened species—listed under the federal Endangered Species Act (ESA).
  • Of these, 10 were animal species and six were plant species.

    • See the tabs below for further information:

    1. Background: This tab provides contextual information about the Endangered Species Act and key terms and concepts.
    2. Listed species: This tab provides information about endangered and threatened animal and plant species in New Jersey; information about the process of listing a species as endangered or threatened is also provided.
    3. Provisions: This tab provides information about legal provisions relating to private and governmental activities.
    4. Governance: This tab provides information about federal and state agencies and, where applicable, state laws.

    Background[edit]

    Overview[edit]

    See also: History of the Endangered Species Act

    The federal Endangered Species Act (ESA) of 1973 provides for the identification, listing, and protection of both threatened and endangered species and their habitats. According to the U.S. Fish and Wildlife Service, the law was designed to prevent the extinction of vulnerable plant and animal species through the development of recovery plans and the protection of critical habitats. ESA administration and enforcement are the responsibility of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.[1][2]

    The law authorizes the Secretary of the Interior to allocate funds to states for assisting in the recovery of threatened and endangered species. The law also created the Cooperative Endangered Species Conservation Fund to award grants to states for voluntary projects on non-federal lands.

    The law mandates that states adopt their own endangered and threatened species management programs subject to approval by the federal government. The law requires states to do the following:[3][4][3]

    1. Conserve the species of fish or wildlife determined by the state or federal government to be endangered or threatened
    2. Create conservation programs for all species of fish or wildlife identified by the federal government as endangered or threatened and provide detailed plans for these programs to the U.S. Department of Commerce
    3. Be authorized by the U.S. Fish and Wildlife Service to conduct investigations to determine the status and requirements for survival of resident species of fish and wildlife
    4. Be authorized before establishing programs to acquire land or aquatic habitats for conserving endangered or threatened species

    Key federal ESA terms[edit]

    See also: Glossary of Endangered Species Act terms
    • Candidate species: Animal and plant species for which the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS) has sufficient information to propose them as endangered or threatened, but for which a proposed listing has not been processed because of higher priority listings.
    • Critical habitat: Specific geographic areas, whether occupied by listed species or not, that are determined to be essential for the conservation and management of listed species.[5]
    • Delisting: The process of removing an animal or plant species from the threatened or endangered species list upon a determination that threats against it have been sufficiently reduced or eliminated.[6]
    • Endangered species: The classification provided to an animal or plant in danger of extinction within the foreseeable future throughout all or a significant portion of its range.[7]
    • Listed species: Species, subspecies, or a distinct vertebrate population segment that has been added to the federal lists of Endangered and Threatened Wildlife and Plants.[8]
    • Range: The geographic area a species is known or anticipated to occupy.[9]
    • Species recovery: The elimination or reduction in threats to an animal or plant species' survival. Once a species has recovered, it is removed from the federal list of endangered species.[10]
    • Taking a species: Taking a species generally includes causing any harm to a federally protected animal or plant species. Any individual that knowingly takes a listed species can be fined up to $25,000 by the federal government for each violation or instance. The text of the law outlining federal penalties can be accessed here.[11]
    • Threatened species: Any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

    Listed species[edit]

    Federally listed species in New Jersey[edit]

    There were 16 endangered and threatened animal and plant species believed to or known to occur in New Jersey as of July 2016.[12]

    The table below lists the 10 endangered and threatened animal species believed to or known to occur in the state. The word "entire" after a name indicates that the species occurs throughout the state.

    The table below lists the six endangered and threatened plant species believed to or known to occur in the state.[13]

    The United States contained 2,389 species protected under the Endangered Species Act as of July 2016 (this includes the 50 states but not U.S. territories). The map below displays the number of species protected under the Endangered Species Act in each state as of July 2016.[14]

    Number of species protected under the Endangered Species Act by state (as of July 2016)

    State-listed species in New Jersey[edit]

    The New Jersey Division of Fish and Wildlife maintains a state-specific list of endangered and threatened species, including federally listed species. A complete list of the state's endangered and threatened species can be accessed here.[15]

    Listing a species[edit]

    Before a species is added to the federal threatened and endangered list, it is first placed on a list of candidate species. This placement happens in two ways. The public may petition to list a species, or biologists at the U.S. Fish and Wildlife Service (FWS) may study a species whose population is thought to be declining and decide themselves whether the species qualifies as a candidate. The law stipulates that FWS scientists must use accurate scientific information collected from several sources to back their candidate decisions.

    The U.S. Fish and Wildlife Service applies five criteria to label a species as endangered or threatened:

    “
    • the present or threatened destruction, modification, or curtailment of its habitat or range;
    • overutilization for commercial, recreational, scientific, or educational purposes;
    • disease or predation;
    • the inadequacy of existing regulatory mechanisms;
    • other natural or manmade factors affecting its survival.[16]
    		 ”
    —U.S. Fish and Wildlife Service[4]

    If one or more of these criteria are met, the agency can begin action to protect the species and its habitat.

    Petitioning to list a species[edit]

    See also: Listing petition
    The California condor has been on the U.S. Fish and Wildlife Service's list of endangered species since 1967.

    Any citizen or group may petition the federal government to list a species as endangered or threatened. The process occurs as follows:[17][18]

    1. Petitioners submit information on the biology, distribution, and threats to a species. The U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) Fisheries Office generally must respond to a petition within 90 days.
    2. Within one year of receiving the petition, the agencies must publish a finding on whether listing a particular species is warranted.
    3. If the agencies do not meet these timelines, citizens and groups are permitted under the Endangered Species Act to sue the agencies to enforce the timelines so that the species receives federal protection.
    4. When a species is listed, the government is required to review its status every five years.

    Delisting a species[edit]

    See also: Delisting a species
    The gray whale, which migrates south off the California coast, was removed from the federal endangered species list in 1994 due to recovery.

    Delisting is the process of removing the endangered or threatened status of species. Downlisting is a reclassification of status by the U.S. Fish and Wildlife Service or the National Oceanic and Atmospheric Administration (NOAA) from endangered to threatened. When the service delists or downlists a species, this generally means that the recovery or conservation of a species has been successful. To delist a species, the agencies must determine that the species is not threatened based on population size, stability of habitat quality and quantity, and control or elimination of threats to the species. Species are also delisted if they become extinct.[19][20][21]

    As of July 2016, 63 endangered or threatened species had been delisted. Of those species, 34 were delisted due to recovery, 19 species were listed in error (for scientific reasons or because new information about a species was discovered), and 10 species went extinct.[19]

    Provisions[edit]

    See also: Private property and the Endangered Species Act

    Taking a species[edit]

    The Endangered Species Act makes the taking of an animal on the endangered or threatened species list illegal. According to the act, to take is to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct." The U.S. Fish and Wildlife Service further defines harm to mean "an act which actually kills or injures wildlife." According to the act, harassment of a species is defined as "an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering." State governments may apply further restrictions on the taking of an endangered or threatened species. Any individual that knowingly takes a listed species can be fined up to $25,000 by the federal government for each violation. The text of the law outlining federal penalties can be accessed here.[4][22][23][24]

    Federal law prohibits individuals from engaging in interstate or foreign commerce with a federally protected plant species. Federal law also prohibits taking (e.g., moving, damaging or destroying) a protected plant on federal property. However, individuals may take, move, damage, or destroy a federally protected plant on private land, unless a state law prohibits such activity.[25]

    Private activities requiring permits[edit]

    In addition to taking a species, delivering, receiving, selling, purchasing, or transporting a threatened or endangered animal species is prohibited without a permit, whether the species is alive or dead. Permits are also required for individual or group activities that involve interfering with a species' habitat. Individuals engaging in activities that might result in the taking of a protected species must abide by a Habitat Conservation Plan (HCP), which includes information on how to mitigate or minimize any impacts to the species or its habitat.[26]

    Regional offices of the U.S. Fish and Wildlife Service (FWS) issue incidental take permits. An incidental take permit is required if an activity may result in the taking of a threatened or endangered species. Those who apply for this permit must submit a habitat conservation plan to the proper federal or state authority ensuring that the effects of taking the species will be minimized and mitigated.

    According to the U.S. Fish and Wildlife Service, nearly half of all federally protected threatened and endangered species have at least 80 percent of their habitats on private land. This means that private landowners, which include private citizens, businesses, and organizations, must cooperate with federal agencies to conserve listed species.[27]

    Private parties may be required to work with the Fish and Wildlife Service in the following ways:

    • Habitat Conservation Plans (HCPs) are implemented by non-federal groups (state governments, private individuals, and groups) in consultation with the Fish and Wildlife Service. The plans are required in order to obtain incidental take permits. Habitat Conservation Plans contain information on the predicted effects of taking a species, how these effects will be minimized or mitigated, and how the plan will be funded. Meanwhile, the U.S. Fish and Wildlife Service attempts to assure property owners that they will not face additional land restrictions beyond those outlined in their Habitat Conservation Plans. The plans can be applied to listed species, candidate species, species proposed for listing, and non-listed species (usually for the purpose of preventing future listing).[28]
    • Candidate Conservation Agreements are made by the Fish and Wildlife Service with non-federal property owners to provide incentives for conserving candidate species so that they are not listed as endangered or threatened.[29]

    Affected governmental activities[edit]

    Federal law requires conservation programs for all listed endangered and threatened species and their habitats. This requirement can affect all federal agencies.

    • Consultations are partnerships between the Fish and Wildlife Service and federal agencies. Federal law requires all federal agencies to participate in conserving listed species, stipulating that agency activities must not be "likely to jeopardize the continued existence of listed species or adversely modify designated critical habitats." Consultations can involve recovering the habitats of listed species, addressing threats to listed species from federal programs or actions, and coordinating projects and resources between federal agencies. Examples of federal activities that require require consultations include oil and natural gas drilling on federal land, offshore drilling in areas owned by the federal government, and oil and gas activities affecting wetlands or other waters of the United States.[30] [31]
    • Recovery is a process to halt the decline of endangered or threatened populations by removing or reducing threats. In its recovery efforts, the Fish and Wildlife Service collaborates with federal, state, and local agencies, as well as conservation groups, businesses, private individuals, and volunteers. According to the Fish and Wildlife Service, recovery plans are implemented "to stabilize, recover, and ultimately delist" threatened and endangered species.[32]

    Governance[edit]

    Federal and state agencies[edit]

    • The U.S. Fish and Wildlife Service (FWS) is a federal agency responsible for the Endangered Species Act. The agency recovers and conserves endangered or threatened species. The agency also classifies endangered or threatened species. The agency's enacted budget for fiscal year 2014 totaled $2.79 billion.[33][34]
    • The New Jersey Department of Environmental Protection is responsible for managing and conserving the state's endangered species.[35]

    State laws[edit]

    • The New Jersey Endangered Species Conservation Act (1973) was adopted the same year as the federal Endangered Species Act. The law authorized the New Jersey Division of Fish and Wildlife (a part of the Department of Environmental Protection) to designate and protect endangered and threatened species affected by habitat loss, pollution, hunting, and other activities.[36]

    Recent news[edit]

    The link below is to the most recent stories in a Google news search for the terms New Jersey endangered species. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    Endangered species in New Jersey - Google News

    See also[edit]

    External links[edit]

    Footnotes[edit]

    1. ↑ U.S. Fish and Wildlife Service, "Improving ESA Implementation," accessed May 15, 2015
    2. ↑ U.S. Fish and Wildlife Service, "ESA Overview," accessed October 1, 2014
    3. ↑ 3.0 3.1 Cornell University Law School, "16 U.S. Code, Section 1535 (Endangered Species Act)," accessed September 26, 2014
    4. ↑ 4.0 4.1 4.2 U.S. Fish and Wildlife Service, "ESA Basics," accessed September 26, 2014
    5. ↑ U.S. Fish and Wildlife Service, "Candidate Species: Section 4 of the Endangered Species Act," accessed November 1, 2015
    6. ↑ U.S. Fish and Wildlife Service, "Delisting a Species - Section 4 of the Endangered Species Act," accessed August 27, 2015
    7. ↑ U.S. Fish and Wildlife Service, "Glossary," accessed November 17, 2014
    8. ↑ U.S. Fish and Wildlife Service, "Summary of Listed Species Listed Populations and Recovery Plans," accessed December 1, 2015
    9. ↑ U.S. Fish and Wildlife Service, "Glossary," accessed September 5, 2017
    10. ↑ U.S. Fish and Wildlife Service, "Recovery," accessed October 13, 2015
    11. ↑ U.S. Fish and Wildlife Service, "Endangered Species Act - Section 3," accessed October 7, 2015
    12. ↑ U.S. Fish and Wildlife Service, "Endangered and threatened species in New Jersey," accessed July 6, 2016
    13. ↑ U.S. Fish and Wildlife Service, "Endangered and threatened species in New Jersey," accessed July 6, 2016
    14. ↑ U.S. Fish and Wildlife Service, "Species listed in each state based on published historic range and population data," accessed May 30, 2016
    15. ↑ New Jersey Division of Fish and Wildlife, "NJ Endangered and Nongame Species Program Species Status Listing," accessed July 25, 2016
    16. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    17. ↑ U.S. Government Printing Office, "U.S. 16 §1533. Determination of endangered species and threatened species (under the Endangered Species Act," accessed April 1, 2015
    18. ↑ Earth Justice, "Citizens' Guide to the Endangered Species Act," accessed April 7, 2015
    19. ↑ 19.0 19.1 U.S. Fish and Wildlife Service, "Delisted Species Under the Endangered Species Act (ESA)," accessed May 18, 2015
    20. ↑ U.S. Fish and Wildlife Service, "Section 4 of the Endangered Species Act," accessed September 26, 2014
    21. ↑ Regional Perspectives in Marine Biology, "Recruitment in Coral Reef Fish Populations," accessed July 8, 2015
    22. ↑ U.S. Environmental Protection Agency, " Endangered Species Act (ESA) Requirements for Construction Activities," accessed September 26, 2014
    23. ↑ National Wildlife Service, "Endangered Species Act," accessed January 29, 2015
    24. ↑ Lieberman & Belcher, "What Constitutes Harassment of an Endangered Species," March 17, 2015
    25. ↑ U.S. Fish and Wildlife Service, "The Application of the Endangered Species Act with Respect to Plants in Virginia," accessed July 2, 2015
    26. ↑ U.S. Fish and Wildlife Service, "Permits," accessed January 8, 2015
    27. ↑ U.S. Fish and Wildlife Service, "Our Endangered Species Program and How It Works with Landowners," accessed July 1, 2015
    28. ↑ U.S. Fish and Wildlife Service, "Habitat Conservation Plans (Section 10 of the Endangered Species Act)," accessed July 7, 2015
    29. ↑ U.S. Fish and Wildlife Service, "Candidate Conservation Agreements Fact Sheet," accessed July 8, 2015
    30. ↑ Houston Bar Association, "The Endangered Species Act and the Oil and Gas Industry," November 13, 2013
    31. ↑ U.S. Fish and Wildlife Service, "Consultations with Federal Agencies (Section 7 of the Endangered Species Act)," accessed July 7, 2015
    32. ↑ U.S. Fish and Wildlife Service, "Endangered Species Recovery Program," accessed July 7, 2015
    33. ↑ U.S. Department of the Interior, "Fiscal Year 2015: The Interior Budget in Brief," March 2014
    34. ↑ U.S. Fish and Wildlife Service, "Overview," accessed November 17, 2014
    35. ↑ New Jersey Department of Environmental Protection, "About NJDEP," accessed December 15, 2014
    36. ↑ New Jersey Department of Environmental Protection, "Endangered Species Conservation Act," accessed July 29, 2015
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