Winter, 2004

Eric Stiles, Vice President for Conservation & Stewardship
Troy Ettel, Director of Conservation & Stewardship
Ted Korth, Director of Policy
Jennifer Mattice, Important Bird and Birding Area Coordinator

A Tale of Two Cities: Trenton and Washington D.C.

Trenton, New Jersey and Washington, D.C. are indeed a tale of two cities.  A stark contrast exists between the efforts at the state level to enhance environmental protection and the national effort to derail air, water and wildlife protection.  In Trenton, we are seeing increased protection of isolated wetlands, progressive stream buffers, and efforts to comprehensively protect endangered species habitat.  New Jersey’s federal delegates are to be applauded for helping complement these state efforts through land acquisition funding and fighting a rear-guard battle in defense of national environmental protection.  However, our nation’s capital offers the “negative” to this image.  The administration is seeking to adopt rules gutting clean air and water standards, eliminating protection for endangered species and paving the way for forest removal.  Similarly, Congress is seeking to weaken environmental legislation and permanently roll back protections through eliminating funds for agencies which safeguard our national heritage – “a vision with no funding is a hallucination.”  Frankly, most of the state’s efforts have come through the executive branch.  New Jersey’s legislature needs to step-up to the plate and pass some critically needed legislation including the Transfer of Development Rights bill.  Meanwhile, we need to work with our federal delegation and conservation partners to bring about a fundamental philosophical change in “inside the Beltway” environmental policies.

Best Remnants of State’s Most Endangered Habitat Under Siege

Grasslands and other early successional habitats are New Jersey’s most critically endangered habitats. Because they lack trees, the agricultural landscapes of pastures and farmland that contain New Jersey’s grasslands are easier and cheaper to develop and are often targeted first by developers. This has resulted in a dramatic loss of grassland and other early successional habitats statewide, and major impacts to the species that use them. Forty-one percent of the birds on New Jersey’s Endangered list are grassland birds; 29% of the birds listed as Endangered, Threatened, or of Special Concern are early successional species.

Only a handful of intact grassland sites that can support multiple grassland species remain in New Jersey. These are also under tremendous pressure from development.

In Vernon Township, the Vernon Valley is home to bog turtles (federally threatened), nesting vesper sparrows (state endangered), bobolinks, savannah sparrows, and grasshopper sparrows (all state threatened) as well as eastern meadowlark and American kestrel (Special Concern). Despite this, the township is seeking approval from the Department of Environmental Protection for a land swap of 182-acre Maple Grange Park for 150 acres of the 560-acre VanDokkenburg Farm. The township wishes to develop the 150 acres into a recreational complex with a dozen athletic fields, floodlights, bleachers, and concession stands. The VanDokkenburg Farm is the last and largest unprotected farm in the Vernon Valley. Subdivision of this farm and its subsequent development for recreation will destroy critical habitat for threatened and endangered species and compromise the integrity of the greater Vernon Valley grassland complex by fragmenting remaining tracts. Although recreational needs within the township must be met, alternative sites exist that would not have such a severe impact on rare species.

In Pohatcong Township, the Alpha or Pohatcong Grasslands, widely viewed as some of the best grasslands in the state, are facing a similar threat. The Alpha Grasslands were permanently fragmented in the late 1980’s by the construction of Interstate 78. However, a large complex of grassland remained below the interstate, seemingly away from the advancing development moving south from the town of Alpha. Recent settlements between developers and the township to allow high density development north of Interstate 78 will not only destroy habitat there, but also south of the interstate. The township’s settlement with two developers mandates the construction of two additional houses in the heart of some of the best grassland tracts south of the interstate, effectively diminishing the habitat quality of the southern portion of the grasslands. The township appears to have sacrificed the northern portion of the Alpha Grasslands without affording adequate protection to the portion below Interstate 78.

Both of these sites are in the Highlands region and in desperate need of protection. Because they often occur in agricultural landscapes, grasslands often receive less attention during state protection efforts than other parcels. New Jersey’s grasslands have reached a critical juncture. Strong advocacy will be needed to protect these areas and prevent the large number of threatened and endangered species that use them from disappearing from the state.           

Franklin Township Biodiversity Inventory Takes Off

Over the past four months NJAS staff and volunteers have continued to collect information on the resident fauna and flora of two large open space tracts in Franklin Township, Somerset County. Facilitated outings offered by NJAS have included Owl Prowls, Winter Hikes, Woodcock Walks, Frog Counts and other exciting experiences. The project will continue through June with additional outings being offered to view migratory birds and butterflies over the next two months. Data collected during the outings will be used in the development of a natural area management and passive recreation plan to be submitted to the township. Funding for the project is provided by Franklin Township and the Mushett Family Foundation. Click Here to download a brochure and schedule of events (in PDF format). Participants can register for programs by calling the Plainsboro Preserve at 609.897.9400/

Stewardship Project Involves NJAS Sanctuaries, Corporate and Municipal Partners

A grant from the Mushett Family Foundation has allowed NJAS to export its knowledge in land management and stewardship to partners. As part of this project, NJAS has been working to development stewardship plans for open space in Franklin Township and on its own Scherman-Hoffman Sanctuary and Plainsboro Preserve. NJAS has also partnered with Merck & Co. at its Whitehouse Station campus to provide programming for employees and make recommendations for land management.

Through the project, NJAS has offered educational programming in both Franklin Township and at Merck and expanded upon existing programming at both Scherman-Hoffman and Plainsboro to catalog threatened, endangered, and special concern species on the focal areas. The information collected will be used in the development of habitat management and passive recreational plans for each area. If you are interested in joining NJAS for facilitated outings that inventory species for the project, Click Here to download a brochure and schedule of events (in PDF format).  

Court Upholds Improved Wetland Classification Method

As part of NJAS’s ongoing defense of our State’s wetland habitats, NJAS countered a lawsuit brought by the New Jersey Builders Association challenging the use of the Landscape Project to identify and classify wetlands which support critical habitat for threatened and endangered species.  NJAS and its partners acted quickly to defend this protection through our legal counselors at the Rutgers Environmental Law Clinic.  By its December 23, 2003 ruling, the state Appellate Court upheld use of the Landscape Project to identify habitats associated with wetlands that are used by threatened or endangered species, and thus to classify wetland resource values.

For impact-permitting purposes, wetlands are classified into three groups: exceptional resource value, intermediate resource value, and ordinary resource value.  Wetlands identified as having higher resource values receive greater protection from encroachment.  Wetlands associated with habitats used by threatened or endangered species are deemed to have exceptional resource value.

In 2002, the Department of Environmental Protection revamped its antiquated, species-sighting method for classifying wetland values by allowing use of the Landscape Project to identify wetlands associated with critical habitats.  Rather than taking sight-specific endangered species sightings, and drawing a “critical habitat area” around that sighting (a method which disregarded the actual nature of the landscape), the Landscape Project identifies areas which actually have those habitat characteristics that threatened or endangered species require for survival.  Whereas prior to 2002 high value habitat could easily be lost and low value habitat erroneously protected, use of the Landscape Project allows for precise critical habitat identification, and efficient, accurate wetland classification.

Approval of the Landscape Project as a permitting/land-planning tool represents an important step as we strive to promote smart growth and conserve critical resources.  The accuracy of critical habitat identification provided through the Landscape Project will result in an increase in the ecological value of habitat that is protected, prevent marginal habitat from being designated as critical, decrease habitat fragmentation, and help focus development in areas appropriate for that purpose.

Grasslands Protected at Atlantic City Airport

Over the past year, NJAS has participated in the review process of the proposed expansion of Atlantic City International Airport.  The land around the airport is home to many rare plant and animal species, and includes several hundred acres of grassland habitat which support populations of upland sandpiper, grasshopper sparrow and other rare grassland birds.  Loss of this critical grassland habitat during expansion of the airport was a great concern to NJAS.

We are glad to report that through the mutual efforts of state and federal agencies, the South Jersey Transportation Association, New Jersey Audubon and Pinelands Preservation Alliance, a large area of grassland habitat was included in the airport expansion design.  Several hundred acres of grassland habitat will be restored, protected and maintained on airport grounds, and the airport’s area needs will be met. 

The airport/grassland issue is a good example of how through honest effort and open communication parties with seemingly diverging needs can gain mutually beneficial outcomes.  And if you fly out of ACY next summer, bring your binoculars.   You may get to see some of our rare grassland birds as you taxi out. 

Legislative 50/50

This winter’s lame-duck session in Trenton held great promise for two bills designed to protect New Jersey’s environment.  After a great effort led by our friends at New Jersey Public Interest Research Group (NJPIRG), the New Jersey Environmental Federation (NJEF) and the Sierra Club, the Legislature passed a bill to implement a low emission vehicle program in New Jersey.  The “Clean Car” bill was signed into law by the Governor on January 14.  The clean car bill establishes a time table for vehicles sold in New Jersey to meet the California vehicle emission standards, and will decrease the toxins, carcinogens and particulates coming from our tailpipes.  Good news for our health and environment.

The bad news is that a bill which would have allowed municipalities across the state to incorporate transfer of development rights (TDR) programs into their zoning laws died in committee.  Despite the best efforts of the coalition of municipalities, social policy groups and environmental groups which supported this needed legislation, the opposition of the builder’s league and farm lobby proved too great.  TDR programs allow for a market to help set land preservation initiatives, and have received great acclaim for their ability to promote smart growth while deregulating land use.  Unfortunately, it appears that even accepted, conservative land planning initiatives will receive some opposition from the development lobbyists.

New Jersey Institutes the Most Comprehensive Water Protections in the Nation

We are happy to report that the Department of Environmental Protection recently adopted two sets of stormwater rules which will protect water quality and preserve the integrity of our drinking water supplies statewide.  The new rules will minimize the unnecessary impact of new development projects, encourage aquifer recharge, and help controlling land disturbance by creating a 300-foot buffer around more than 6,000 miles of high quality waterways.  These vegetated buffers also protect critical habitat for a variety of species including Louisiana Waterthrush, Red-shouldered Hawk and Wood Turtle.

These rules are the most comprehensive set of water protections in the nation.  While some other states do provide for protective buffers or groundwater recharge, no other state calls for a 300-foot buffer around all of its high quality (“C1”) waterbodies as well as no net loss of recharge into underground aquifers.  Once again, New Jersey, this time through Governor McGreevey, has proved to be a forerunner in environmental and resource protection initiatives.

As a bonus, the rules (which may be waived in urban areas to promote redevelopment) will reduce polluting, non-point source runoff and promote smart growth techniques, and will contain a public education element designed to help citizens realize that every person plays a critical role in keeping our drinking water safe and clean by protecting habitat and wildlife. 

Global Bird Conservation Realized through NJ IBBA

Exciting opportunities for collaboration abound with the NJ Important Bird and Birding Areas Program, at both the state and national level.  Our IBBA Coordinator and a biologist from the NJ Endangered and Non-game Species Program spent several days in Massachusetts at the NE Regional U.S. Fish and Wildlife office, working closely with biologists in the Division of Migratory Birds. While there, we developed priority species lists and population objectives for New Jersey based on large scale bird conservation plans.   

Randy Dettmers, U.S. Fish and Wildlife Service Regional Landbird Coordinator remarked that “By linking the New Jersey IBA criteria to bird population targets and habitat objectives developed at regional and continental scales by existing bird conservation initiatives, New Jersey Audubon Society will be actively pursuing habitat conservation that contributes to goals at these larger scales.  This kind of on-the-ground work at the local and state scale is critical to addressing global bird conservation objectives.”

We are also fortunate to have a valuable relationship with the National Audubon Society’s IBA staff, as well as with the active National Audubon chapters here in NJ.  Said John Cecil, Director of Important Bird Areas, "The National Audubon Society is excited to be partnering with the New Jersey Audubon Society and the New Jersey Endangered and Non-game Species Program on implementing the NJ Important Bird and Birding Areas Program.”  He also observed, “New Jersey is initiating the program at a unique time in bird conservation.  With a tremendous emphasis on partnerships for all-bird conservation and an increase in efforts to identify specific bird population and habitat objectives, the ability for the NJ IBBA program to define measurable bird population goals has been substantially increased." 

We’ve also been busy collaborating with our NJAS Education Department, developing ideas and writing grants to help fund new education and outreach projects within the context of the IBBA Program.  Feedback from attendees at our IBBA presentations has been overwhelmingly positive and public support for the program has flourished.   The website has been updated with a calendar of IBBA events, and new information on the site nomination process (Click Here).  We appreciate the many offers of help from volunteers, and look forward to working together to make the IBBA Program in New Jersey the best yet.

NJAS Seeks Habitat Protection … and Protection of Ratepayers’ Interests at the Holly Farm

On December 1st, NJ Audubon Society joined with several other organizations and the Department of Environmental Protection to comment to the Board of Public Utilities regarding the potential sale and development of a 1400-acre tract east of Millville, Cumberland County.  The “Conectiv tract”, a home for many threatened and endangered plant and animal species, sits in the middle of thousands of acres of preserved, high-quality habitat, between two National Wild and Scenic Rivers.  Because the tract is owned by a public utility, the BPU must approve the proposed sale as being in the ratepayers’ interest. 

NJAS and other groups have been working preservation of this important site for more than a decade.  The National Park Service has described the area as "possessing numerous outstandingly remarkable natural ... resources that are important at the local, regional and international levels."  Development of this tract would fragment a large contiguous block of habitat and threaten rare plant and animal species. 

Arguing that the tract should be purchased under an existing offer from the state’s land acquisition program - Green Acres, NJAS presented the BPU with evidence of the value of the tract as critical species habitat and water resource area, and, through expert economic testimony, made it clear that the purchase contract offered by the potential developer was actually less valuable to ratepayers than the existing offer from Green Acres. 

There is no reason the Conectiv tract should not be protected.  The outcome is pending.

Activists Win Victory to Protect Isolated Wetlands

Due to an overwhelmingly negative response, the Environmental Protection Agency rescinded their proposal to exempt “isolated” bodies of water from protection under the Clean Water Act (see our Spring 2004 issue for details).  The suggested regulatory changes, which would have removed federal protection from approximately twenty million acres of wetlands, were strongly opposed by the environmental community, sportsmen’s groups, and most state governments, and were in conflict with several lower court decisions favoring broad protections for streams and wetlands.  NJAS is relieved that the Clean Water Act remains intact and we will continue to work to defend our water resources.

A New Era Dawns on the Hackensack Meadowlands (Courtesy of Captain Bill Sheehan, Hackensack Riverkeeper)

On January 8, the New Jersey Meadowlands was given its rightful place among our state’s natural treasures. On that historic day, the NJ Meadowlands Commission unanimously approved a new Master Plan that places all of the region’s remaining wetlands – some 8,400 acres – off limits to development. For the first time since Europeans sailed up the river known to the Lenape as Atchensehacki, the estuary of that river has finally been recognized as the place its first inhabitants knew it to be – a unique habitat teeming with life.

Not bad for a place that only a few years ago was vilified as a “polluted swamp” full of nothing but “reeds and rats” with Hackensack Riverkeeper a lone (but loud) voice trying to save its urban wilderness. What caused the change? In a word, people. Folks like Rich Kane, Audubon’s VP-emeritus, whose Hackensack River Migratory Bird Report proved the value of the Meadowlands as critical wildlife habitat; Representative Steve Rothman, for whom the Meadowlands Estuary Preserve will be his greatest Congressional legacy; and the people of Little Ferry, NJ, who decided that the highest and best use of the wetlands and waterways of the Meadowlands was as wetlands and waterways. Together we listened, we learned, we acted and we won.

But the victory would never have been possible without the actions of thousands of people from all across New Jersey – including many NJAS members – who wrote, phoned, faxed, e-mailed and stood tall throughout the long, drawn-out fight that ended on January 8. On that day I stood before the NJMC and declared that the war was over and the time to police the peace had begun. Please take some time and visit the Meadowlands this year. Bird the trails, paddle its creeks and enjoy the peace. After all, it’s yours.

Decoy Carvers Aid Red Knot Conservation Efforts (courtesy of Donna Field)

Biologists with the Endangered and Nongame Species Program (ENSP), hope to have better luck capturing Red Knots this year in South America, thanks to skilled woodcarvers from Tuckerton Seaport. A unique partnership between the ENSP and the woodcarvers has revived an old craft and may help scientists collect data needed to better understand reasons behind alarming declines in this shorebird’s population.

The Red Knot is a shorebird that navigates over 20,000 miles twice annually between its wintering grounds at the tip of South America in Tierra Del Fuego to Artic nesting grounds. Wintering populations of the Red Knot have declined by more than 80% over the past 12 years. ENSP’s project is gathering information that will help identify causes for the decline. Red Knots captured in South America are banded and important data, such as weight and sex, collected.

However, capture of the birds is difficult, as biologists must deal with the expansive mud flats, 30-foot tides and inclement weather characteristic of the region. This year, with help from wooden Red Knot decoys donated by the Tuckerton Seaport woodcarvers, team leader Dr. Larry Niles is more optimistic about luring birds into their nets.  According to Dr. Niles, “the decoy carvers at the Tuckerton Seaport have given us a new opportunity to catch Red Knots in Bahia Lomas, which has proven to be one of the most challenging places in the hemisphere to capture and study shorebirds.”

Dick Jesson, a woodcarver and organizer of the event, says the woodcarvers are excited to revive an old craft and lend a hand. “Decoy carving originated in the 1800s, but shorebird carving stopped in 1918 because there was no longer a need for it. Our carvers are focused on the historical perspective of this project and are thrilled to be a part of something so vital. We are all so excited in trying to make a difference and do something positive for our environment.”