Bill > A1997

Introduced Session

This bill, named the "New Jersey Endangered and Threatened Plant Protection Act," would prohibit certain actions relative to endangered and threatened plant species, and would direct the Commissioner of Environmental Protection to establish programs for protection of endangered and threatened plant species. The bill would define "endangered and threatened plant species" as any species on the respective lists developed by the Division of Parks and Forestry in the Department of Environmental Protection (DEP) pursuant to the "Endangered Plant Species List Act," P.L.1989, c.56 (C.13:1B-15.151 et seq.). The bill would create a new category of protection under that act named "threatened plant species" which is defined as any native plant species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, including, but not limited to, plant species designated as listed, proposed, or under review by the federal government as threatened throughout its range in the United States pursuant to the federal "Endangered Species Act of 1973." Consequently, the bill would also rename the State law to be the "Endangered and Threatened Plant Species List Act." The bill would prohibit the following actions relative to endangered and threatened plant species, without a permit: transport, export, import; willfully damaging, or destroying a listed plant species on State property; removing, cutting, digging up, damaging or otherwise intentionally destroying a listed plant species if the person knows, or should have known, that the species is a listed plant species; damaging or destroying a listed plant species during the course of a criminal trespass; and selling or offering to sell a listed plant species. The bill includes exceptions for typical and existing agricultural and aquacultural operations, and allows the commissioner to allow exceptions for research, educational, and other purposes consistent with the bill. The bill would require the commissioner to establish programs, including the acquisition of land or aquatic habitats, as are deemed necessary for the conservation and management of endangered and threatened plant species. The bill provides that the commissioner may receive money from the federal government, private sources, and others to be deposited into the fund created by the "Endangered Plant Species List Act," to be used for the purposes of the bill. The bill would also direct the commissioner to establish the "Endangered and Threatened Plant Species Advisory Committee" for advising and assisting the commissioner. The committee would be comprised of three members of the State's academic community, three members from environmental organizations, and three members of the public at large, who may also be affiliated with the academic community or an environmental organization. The committee members would be appointed by the commissioner and be required to have expertise, knowledge, or experience in endangered and threatened species protection or the native plants of New Jersey. The commissioner would also be required to develop conservation plans for the conservation and survival of endangered plant species in conjunction with the "Endangered and Threatened Plant Species Advisory Committee." The bill would provide for public comment on each conservation plan, and require the commissioner to create a system for the prioritization of the creation and implementation of conservation plans. The bill provides substantially similar violation and enforcement provisions as used in the "Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.). All moneys collected for a violation would be deposited into the fund created by the "Endangered Plant Species List Act." The bill would also amend the "Endangered Plant Species List Act" to provide that monies in the fund created pursuant to that act may also be used to implement this bill. Additionally, the bill amends provisions of law to clarify the responsibilities of the Natural Heritage Program in developing and maintaining the list of endangered and threatened plant species, and plant species of concern. The Natural Heritage Program established by statute in 1988, requires the DEP to identify the most critically important natural areas in the State.

AI Summary

Committee Categories

Clinton Calabrese (D)*,  Herbert Conaway (D)*,  Kevin Rooney (R)*, 

Introduced, Referred to Assembly Agriculture and Food Security Committee (on 01/11/2022)

Official Document