N.J. Admin. Code § 7:7-9.36

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:7-9.36 - Endangered or threatened wildlife or plant species habitats

(a) Endangered or threatened wildlife or plant species habitats are terrestrial and aquatic (marine, estuarine, or freshwater) areas known to be inhabited on a seasonal or permanent basis by or to be critical at any stage in the life cycle of any wildlife or plant identified as "endangered" or "threatened" species on official Federal or State lists of endangered or threatened species, or under active consideration for State or Federal listing. The definition of endangered or threatened wildlife or plant species habitats includes a sufficient buffer area to ensure continued survival of the population of the species as well as areas that serve an essential role as corridors for movement of endangered or threatened wildlife. Absence of such a buffer area does not preclude an area from being endangered or threatened wildlife or plant species habitat.

1. Areas mapped as endangered or threatened wildlife species habitat on the Department's Landscape Maps of Habitat for Endangered, Threatened and Other Priority Wildlife (known hereafter as Landscape Maps) are subject to the requirements of this section unless excluded in accordance with (c)2 below. Buffer areas, which are part of the endangered or threatened wildlife species habitat, may extend beyond the mapped areas. The Department's Landscape Maps, with a listing of the endangered and threatened species within a specific area, are available from the Department's Division of Fish and Wildlife, Endangered and Nongame Species Program at http://www.nj.gov/dep/fgw/ensp/landscape/index.htm.

2. Information on the areas mapped as endangered or threatened plant species habitat on the Department's Landscape Maps and the occurrence of endangered or threatened plant species habitat is available from the Department's New Jersey Natural Heritage Program, Office of Natural Lands Management, Natural Heritage Data Request Form at Mail Code 501-04, PO Box 420, Trenton, New Jersey 08625-0420.

3. The required endangered or threatened wildlife or plant species habitat buffer area shall be based upon the home range and habitat requirements of the species and the development's anticipated impacts on the species habitat.

(b) Development of endangered or threatened wildlife or plant species habitat is prohibited unless it can be demonstrated, through an endangered or threatened wildlife or plant species impact assessment as described at N.J.A.C. 7:7-11, that endangered or threatened wildlife or plant species habitat would not directly or through secondary impacts on the relevant site or in the surrounding area be adversely affected.

(c) Applicants for development of sites that contain or abut areas mapped as endangered or threatened wildlife species habitat on the Landscape Maps shall either:

1. Demonstrate compliance with this rule by conducting an endangered or threatened wildlife species impact assessment in accordance with 7:7-11.2; or

2. Demonstrate that the proposed site is not endangered or threatened wildlife species habitat and this rule does not apply by conducting an endangered or threatened wildlife species habitat evaluation in accordance with 7:7-11.3.

(d) If the Department becomes aware of an occurrence of an endangered or threatened wildlife species on a site that is not mapped as endangered or threatened wildlife species habitat on the Department's Landscape Maps, and the Department determines that the habitat may be suitable for that species, the Department shall notify the applicant and the applicant shall demonstrate compliance with or inapplicability of this rule in accordance with (c) above.

(e) If the Department becomes aware of an occurrence of an endangered or threatened plant species on a site that is not in the Natural Heritage Database, the Department will notify the applicant and the applicant shall demonstrate compliance with this rule in accordance with (b) above.

(f) The Department is responsible for the promulgation of the official Endangered and Threatened Wildlife lists pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq. These lists include wildlife species that are endangered and threatened in New Jersey as well as wildlife species officially listed as endangered or threatened pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq. Because the lists are periodically revised by the Department in accordance with N.J.S.A. 23:2A-1et seq., the lists are not published as part of this rule. The lists are found at N.J.A.C. 7:25-4.13 and 4.17, the rules adopted pursuant to the Endangered and Nongame Species Conservation Act. To obtain a copy of the most current Endangered and Threatened Wildlife lists, please contact the Department, Division of Fish and Wildlife, Endangered and Nongame Species Program at the Division's web address, http://www.nj.gov/dep/fgw/ensphome.htm or by writing to the Division at Mail Code 501-03, PO Box 420, Trenton, New Jersey 08625-0420.

(g) The Department is responsible for promulgation of the official Endangered Plant Species List pursuant to N.J.S.A. 13:1B-154. The Endangered Plant Species List, 7:5C-5.1, includes plant species determined by the Department to be endangered in the State as well as plant species officially listed as endangered or threatened or under active consideration for Federal listing as endangered or threatened. Because the Endangered Plant Species List is periodically revised based on new information documented by the Department, it is not published as part of this rule. To obtain the most current Endangered Plant Species List, please contact the Department, Division of Parks and Forestry, Office of Natural Land Management, Mail Code 501-04, PO Box 420, Trenton, NJ 08625-0420.

(h) For sites located within the Pinelands National Reserve and the Pinelands Protection Area, the plant species listed in the Pinelands Comprehensive Management Plan (7:50-6.24 ) are also considered endangered or threatened plant species.

(i) Rationale: Endangered and threatened species are organisms which are facing possible extinction in the State in the immediate future due to loss of suitable habitat, and past overexploitation through human activities or natural causes. Extinction represents a loss of biodiversity, which would adversely affect education, research and the interrelationship of all living creatures within the coastal ecosystem.

N.J. Admin. Code § 7:7-9.36

Renumbered from 7:7E-3.38 by 47 N.J.R. 1392(a), effective 7/6/2015

Administrative Change, 51 N.J.R. 1193(a).