Endangered Species - Listing Authority and Process - New Jersey

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. 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.

Citation: N.J.S.A. 23:2A-4.

...e. The commissioner shall appoint a committee of experts to advise and assist the commissioner in carrying out the intent of P.L.1973, c. 309 (C.23:2A-1 et seq.). These experts shall include persons actively involved in the conservation of wildlife.

Citation: N.J.S.A. 23:2A-7.

Within one year of the effective date of this act, 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, 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.

Citation: N.J.S.A. 13:1B-15.154.

Within the limits of funds appropriated or otherwise made available to the department for this purpose, the commissioner shall direct research and investigations relating to historical records, populations, distribution, critical habitat needs, limiting factors, and other biological and ecological data that will aid in determining the eligibility of a plant species for inclusion on the endangered plant species list.

Citation: N.J.S.A. 13:1B-15.155.

The department shall, within 90 days of the effective date of this act and pursuant to the “Administrative Procedure Act,” propose rules and regulation governing the formulation, and any revision, of the endangered plant species list to be adopted pursuant to section 4 of this act.

Citation: N.J.S.A. 13:1B-15.158.