Additional Information from NJ Audubon Society:

The Solution: Habitat Protection Rules

Habitat protection rules would provide the NJ Department of Environmental Protection with a tool to prevent the continued loss of important habitat. Effective rules would regulate any activities that harass threatened and endangered species by altering or destroying their habitat, while standardizing critical habitat protections across permit programs.

More specifically, the habitat modification rules should:

• Identify habitat-modifying activities that would trigger application of the rule. The regulated activities should include land clearing, construction, excavating and dredging. Certain redevelopment, maintenance and agricultural activities could be excluded from the regulation;
• Apply species occurrence data and information system mapping to delineate areas presumed to be habitat for threatened or endangered species. The habitat presumption could be rebutted by showing that the area was incorrectly mapped or is not in fact habitat for the species;
• Create a permitting system to govern the extent of regulated activities in properly delineated species habitat; and
• Allow the development of regional habitat conservation plans that provide coordinated protection and planning of resources in a specific region. These plans would provide an overview of the habitat resources in a defined area and the general parameters of how that area could be used in conjunction with the wildlife resource.

Benefits of Protecting Habitat

Habitat protection rules would do more than protect wildlife and prevent the continued loss of their habitat. The rules provide significant benefits for New Jersey's communities by:

• Protecting a 3.9 billion dollar wildlife-related recreation industry. Each year, fishing, hunting and wildlife-watching activities create over 37,000 jobs and generate nearly $150 million in sales tax revenue for New Jersey. Please visit the Outdoor Recreation Alliance website to learn more about the economic benefits of wildlife conservation in New Jersey.
• Providing additional protection for areas critical to our water supply by further controlling ill-planned expansion. Critical species habitat occupies many of the same large forested tracts, headwaters, recharge areas and water supply streams essential for the protection of clean and plentiful drinking water.
• Ensuring a high quality of life for communities throughout the state. Preserving habitat through the habitat rules would safeguard the last remaining open spaces in our state for future generations.
• Creating stability and certainty in the land use decision-making process, which results in lowered development costs and decreased litigation.
• Adding a needed component to the municipal land-use decision-making process, by providing important informational tools to assist municipal officials in carrying out their public responsibilities under the Municipal Land Use Law.

The Governor's Campaign Commitment

After almost four years of public promises, it is high time for the proposal, public discussion and adoption of regulations to protect critical habitat. It has been well documented that the primary reason for loss of rare species is habitat fragmentation, alteration and elimination; we must act now to ensure that no additional habitat is destroyed.

The good news is that both Governor Corzine's office and NJ Department of Environmental Protection Commissioner Lisa Jackson recognize the need for additional measures to protect threatened and endangered species habitat and recently acknowledged their campaign commitment to proposing rules that provide this needed protection.

During his campaign, Governor Corzine outlined an environmental agenda that seeks to ensure that New Jersey remains a leader in protecting natural resources and preserving open space. A key element of this campaign was the adoption of regulations protecting endangered species habitat. Corzine reiterated this pledge to protect habitat during his October 7, 2005 speech on the environment, in which he stated the following: "If our goal is to save animals from extinction, we cannot allow their natural environment to be destroyed. That's why I'll extend protection under the Endangered Species Act to animal habitats for the first time..."

Furthermore, in the Final Report prepared for Governor Corzine, the Environment Transition Group recommended the adoption of critical habitat modification rules to protect endangered species' habitat as part of a six-month policy agenda. Members of the group who signed on to the report represent a diverse group of interests.

On June 7, 2006, a coalition of over 40 environmental and sportsmen's groups, affordablee housing advocates and environmental justice activists announced a campaign calling for regulations to protect the critical habitat of New Jersey's rare species and urged the Governor to fulfill his campaign promise to propose these rules before additional habitat is lost.