As the nation's most densely populated state, New Jersey has 1,004 people per square mile. The overall risk to ecosystems is high. Population density has increased 5 percent since 1982. The amount of developed land increased 23 percent between 1982 and 1992. Approximately 40 percent loss of the state's pine barrens and wetlands have been lost. The state has 19 federally listed threatened and endangered species.
Biological Diversity Policy
New Jersey does not have a formal biodiversity policy established by law. However, it has a strategy that recognizes the importance of biodiversity protection. The New Jersey Preliminary State Development and Redevelopment Plan states that biological diversity should be protected to maintain biological, recreational, aesthetic and economic benefits. In addition, the legislature has declared that it is the policy of the state to manage all forms of wildlife to ensure their continued participation in the ecosystem. (N.J. Stat. Ann. 23:2A-2)
Status of Biodiversity Science
New Jersey does not have a coordinated assessment system in place. Instead, it relies on several separate assessment systems. The state has a GAP that is operated in conjunction with Maryland and Delaware and a Natural Heritage database. (N.J. Stat. Ann. 13:1B-15.146 et seq.) A database entitled Notable Information about New Jersey Animals is a computerized system that distributes information about fish and wildlife. A Breeding Bird Atlas will soon be available as an electronic database.
Endangered Species
New Jersey has an endangered species law, the Endangered and Nongame Species Conservation Act, that protects species and subspecies of indigenous wildlife. (N.J. Stat. Ann. 523:2A-1: et seq.) Listings are based on scientific and commercial data. Recovery plans, critical habitat designation and agency consultation are not required. Penalties include fines of $100 to $3000.
For plants, the Endangered Plant Species List Act protects native plant species. Listings are based on available scientific data. (N.J. Stat. Amm. 13:1B-15.151) No other protective measures were identified.
State Agency Management for Biodiversity
State-owned Lands
New Jersey requires some state agencies to plan and manage their lands in a biologically sustainable manner. The Department of Environmental Protection has the responsibility of acquiring, maintaining and preserving natural areas for their biological diversity. (N.J. Stat. Ann. 13:1B-15.5; N.J. Admin. Code 7:5A-1.4) State open space land is managed in part to protect wildlife and conserve natural resources.
Cooperative Efforts
Cooperative land management efforts include a comprehensive management plan for the preservation of shorebirds along the Delaware Bay in cooperation with the state of Delaware. The state also works with the U.S. Fish and Wildlife Service to maintain the biodiversity of important wildlife areas such as the Maurice River and Salem River.
State Agency Training
New Jersey does not have identified programs of agency personnel training for biodiversity.
Impact Assessment
New Jersey does not have a "little NEPA." However, an executive order requires all state agencies to submit environmental impact statements to the Department of Environmental Protection for major construction projects. The Freshwater Wetlands Protection Act requires mitigation of adverse environmental impacts as a permit condition for wetland dredging. (N.J. Stat. Ann. 13:9B-1 et seq.)
Habitat Acquisition
New Jersey has some programs to acquire lands for their wildlife and conservation values. (N.J. Admin. Code 7:35 et seq.) For example, the Green Acres Program awards loans and grants to local units for the acquisition of land for conservation purposes. The Natural Lands Trust was established by statute to preserve land in its natural state for the enjoyment of the public and biodiversity protection. Waterfowl habitat is acquired and protected with monies from the sale of waterfowl stamps. (N.J. Stat. Ann. 23:3-79) Specific levels of funding were not provided.
Private Land Conservation
New Jersey offers private land incentives for wildlife protection. Conservation easements are authorized by statute. (N.J. Stat. Ann. 13:8A-20) In addition, approved non-profit conservation organizations receive a tax exemption for land that is used for conservation purposes. A Farmland Preservation Program preserves land for agricultural use. Finally, the Forest Stewardship Program pays landowners for development rights to their property for the purpose of biodiversity protection.
Exotic Species
New Jersey has few provisions to control the introduction and spread of animal exotic species. (N.J. Stat. Ann. 23:4-48 et seq; 23:5-30; 4:7-5) For instance, a permit is required to import wild birds originating outside the U.S. A permit is also required to introduce fish or fish eggs into state waters. Violations result in a fine of $100. The possession or liberation of coyotes in the state is prohibited, resulting in fines of $100.
Predator or Animal Damage Control Activities
New Jersey has an animal damage control program that is operated in conjunction with the federal government. The federal agency concentrates on migratory bird problems while the state focus is on mammals. In addition, the owner or operator of a commercial farm has the authority to control pests and predators on the property. (N.J. Stat Ann. 4:1C-9)
Additional Legal Protections for Biodiversity
The public trust doctrine has been recognized by state courts as extending to recreational uses and environmental protection.
Related Issues
The state has extensive programs of environmental education, including Project WILD. New Jersey is expected to publish a wildlife viewing guide in 1996.
New Jersey has a statute that permits a civil action against persons that impair or destroy the environment. (N.J. Stat. Ann. 2A: 35A-4) The action may be for injunctive or other equitable relief to compel compliance with a statute, regulation or ordinance.
New Jersey also has a Pinelands Protection Act that protects areas of critical ecological importance in the national reserve. (N.J. Stat. Ann. 13:18A-1 et seq.)
New Jersey does not currently have a takings law. A bill was tabled in the 1995 legislative session that would have provided fair market value compensation for property devalued by more than 20 percent due to environmental regulations.
Contacts:
Department of Agriculture
CN 330
Trenton, NJ 08625
609-292-5530
Department of Environmental Protection
401 E. State St.
CN 402
Trenton, NJ 08625-0402
609-292-2885
New Jersey Pinelands Commission
P.O. Box 7
New Lisbon, NJ 08064
609-894-9342
State Extension Services
Rutgers, The State University
Cook College
P.O. Box 231
New Brunswick, NJ 08903
908-932-9306
New Jersey ADC State Director
140-C Locust Grove Road
Pittstown, NJ 08867-9529
908-735-5654
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu