The Big Picture

NJAS has long pushed to reform the state endangered species laws and regulations to protect critical habitat (NJAS Opinion Spring 2002). Without this protection, state-listed species like the Red-headed Woodpecker and Bobcat are destined to disappear from New Jersey. The only habitat protection now afforded to state threatened and endangered species is a crude patchwork of state land use regulations (e.g. the Freshwater Wetlands Protection Act and Pinelands Comprehensive Management Plan), which are failing to protect our rich natural heritage. NJ also lacks a stable source of funding for conservation. Other states have adopted funding mechanisms (e.g. Missouri's 1976 Design for Conservation Act), and it is high time NJ pay for conservation that benefits all residents. We are currently working with other conservation organizations to fill this void. Stay tuned, as Audubon member support will be critical to its success.

The Highlands region of New Jersey, home to our highest concentration of biodiversity, is being decimated by asphalt and development. The good news is it's not too late if we act now. Audubon is working with other Highland Coalition members to champion a state Highlands Greenbelt Conservation bill, which will establish a regional planning authority to protect the area's watershed, wildlife, farms and forest. The only landscapes between Washington D.C. and Boston, Massachusetts with protected intact ecosystems are the Pinelands of NJ, Cape Cod, Catskills, and Adirondacks - all of which are protected through proactive, natural resource based planning and zoning.

The consulting system in New Jersey has foxes in the hen house. Audubon and other conservation organizations are advocating for instituting substantive reforms to this broken system. First, standard species survey protocols are needed. Consultants should not be allowed to look for Pine Barrens treefrogs, which breed in late spring through summer, in November! Second, consultants should have to be "certified" for endangered species field investigations. Lastly, the state and other land use regulatory agencies and boards need an ESCROW account to pay for consultants. Since wildlife is the property of the state and not property owner, knowledge should also belong to the commonwealth. It is in the public's (and wildlife's) best interest to require full disclosure.

State and regional (e.g. Pinelands Commission) land use reviewers are barred from having direct access to the state's endangered & threatened species database. In its overzealous effort to protect sensitive information, the state is not providing its land use staff with the tools desperately needed to safeguard these fragile species. Audubon is working to help break down these barriers, and afford professional land use review staff direct access to this critical information.

The severe drought affects humans and wildlife alike. The same measures that safeguard water quality and quantity also protect critical areas for wildlife. Maintenance of water quality is best served by through preservation of large forests, conservation of large intact habitats adjacent to waterways, reservoirs and wetlands, prevention of sprawl in ecologically sensitive areas and reduction of chemical cocktail lawns. Likewise, smart land use planning is key to maintenance of an adequate water supply. Large forested recharge areas, protection of headwaters, and planning and zoning linked to natural resources and water availability are key ingredients to ensure water availability. Audubon is working with diverse partners such as the Highlands Coalition and NJ Future to help link human and wildlife needs to better preserve our natural heritage.

Moving Good Ideas Forward

New Jersey Audubon Society testified at several hearings on proposed rule changes to the state's Freshwater Wetlands Protection Act and Coastal Zone Management (CAFRA). NJAS applauded the state's proposal to utilize the NJ Endangered & Nongame Species Program's Landscape Project mapping to help better protect threatened and endangered species. The Landscape Project is a quantum leap forward in the identification of critical habitat to threatened and endangered wildlife. The mapping identifies areas of sensitivity, providing clear direction on areas where development should and should not occur. However, state listed species not mapped by the Landscape Project still require the same level of protection.

NJAS continued its active participation in the New Jersey and 4-state (NJ, NY, PA and CT) Highlands Coalition. The 1992 US Forest Service Highlands study has been updated to reflect the current state of the area's natural resources and potential threats. This comprehensive study included work by Rutgers University which identified areas critical to water resources, biodiversity and recreation in NJ and NY. In addition, the Rutgers team examined two "build-out" scenario models for development. This information will be invaluable in guiding our state and regional efforts. The NJ coalition continues to play a critical role in facilitating purchase of open space, public education and policy guidance. The 4-state coalition is also working with Congressional delegates to provide funding for land protection, conservation of wildlife on private lands, and inter-agency cooperation with US Departments of Interior and Agriculture.

NJAS attended a working group of conservation groups, academics, consultants and Pinelands Commission staff to brainstorm about enhancing threatened and endangered species protection. Discussion covered the need to better define critical habitat, standardize species survey protocol, and assess the level of population protection through zoning and open space. The working group will continue to meet in order to address these critical conservation gaps. As a result of the first meeting, standardized survey protocol is being drafted for endangered snakes, which are the most elusive species group. In addition, Audubon would like the Pinelands Commission to integrate the Division of Fish and Wildlife's Landscape Project mapping into the land use review process.

Stable funding for wildlife conservation and land protection remains a nationwide dilemma. NJAS has long called for the need for state and federal support of these critical missions. In March, NJAS staff met with Congressional delegates to promote the Conservation and Reinvestment Act (CARA). CARA would provide NJ an estimated $60 million per year for Land and Water Conservation and wildlife conservation. This bill would be a conservation home run; it's by far the best federal conservation initiative since the Endangered Species Act. Audubon members should remain ready to help support this bill when it reaches the Senate and House floor!

Wildlife stewardship needs to occur on private and public lands. In this vein, Audubon worked to promote the U.S. Farm Bill Conservation Title, which provides incentive funds for innovative wildlife conservation on agricultural and other lands. These funds are distributed to state USDA Natural Resource Conservation Service (NRCS) offices for implementation. We look forward to working with the NJ NRCS office to help target conservation on key parcels for species including grassland birds.

NJAS staff continues to participate on the Liberty State Park Interdisciplinary Team. The team is working with the Division of Parks & Forestry to facilitate restoration of 200+ acres of land at Liberty State Park. Improvements will include wetlands, forest and tidal marsh. If done properly, the restoration will provide key habitat to migrant and local birds and offer excellent wildlife viewing opportunities.

Stopping Bad Ideas

Audubon opposed the issuance of a national general depredation permit for Double-crested Cormorants. "General Depredation" means what it says - the US Fish & Wildlife Service provides a license to kill without meaningful oversight. The USFWS estimates that the GP would afford the killing of 204,500 individuals annually (10% of the continental population) without quantifying secondary impacts from egg and nest destruction. This magnitude of butchery is unacceptable. To make matters worse, the permit is based upon "sham" science. This same logic led to the senseless slaughter of hawks earlier this century to help "conserve songbirds". Instead of Rambo-style persecution, the federal government should pioneer better aquaculture site designs that better exclude fish-eating birds. Public education and better science is also needed.

The NJ Division of Parks and Forestry is considering leasing a 769-acre tract in West Milford, to Xtreme Habitat as an Off Road Vehicle (ORV park). Motorized ORVs and responsible natural resource stewardship do not mix! These machines degrade habitat, harm and otherwise kill wildlife and may preclude other less intrusive recreational opportunities such as hiking and wildlife viewing. Damage from the 1999 motorcycle race at Allamuchy State Park was so extensive that it required two years and 1,200 of volunteer hours to complete trail restoration (M. Brown, The Record, 1/27/02). The tract includes early successional deciduous forest, which is part of the largest belt of contiguous forest in the NJ Highlands. It is home to numerous forest interior breeding warblers, and contains miles of paths maintained by the New York - New Jersey Trail Conference. In short, you would be hard pressed to find a worse site to unleash motorized ORVs. This lease would be the first of several being considered by NJ Division of Parks and Forestry. Motorized ORVs will continue to conflict with wildlife and other users. There is a right place for everything - ORVs should consider leasing landfills, brown fields and degraded quarries NOT core forest!

After years of opposing development of Newark watershed lands, the town of West Milford wants to engage in a land swap to build a golf course - hotel complex. The town would transfer 5 acres of land to the Newark Watershed Conservation and Redevelopment Corporation in exchange for a right of way to 466 acres of town owned land. Audubon and the Highlands Coalition opposed this proposal to convert a NJ wildlife hotspot to an ecological dessert. Like Xtreme Habitat, one would be hard pressed to find a worse place to destroy for an elite golf course complex. The forested, 466-acre parcel is part of a core forest area spanning from Route 80 through Sterling Forest in New York. The area is home to Barred Owl (state threatened), Red-shouldered Hawk (state endangered - breeding), Bobcat and many forest breeding birds like Black-throated Blue Warbler.

NJAS opposed the "Takings" section of the proposed Freshwater Wetlands Protection Act and Coastal Zone Management (CAFRA) Rules. Takings are defined as "government action assuming ownership of real property by eminent domain". The rules were dangerously unclear as to what state action under these rules constitutes a taking. In addition, the rules provide nebulous guidance on how and when the NJ Department of Environmental Protection (DEP) can "relax" or waive protection standards. Basically, DEP is writing itself a blank check to waive protection, including actions which could harm threatened and endangered species.

Audubon testified against the proposed Mt. Lebanon Estates development in Lebanon Township, Hunterdon County in a classic case of David vs. Goliath. The Toll Brothers project pitted a large company against the tiny Bog Turtle (a federal threatened species). The township's consultants, Amy Greene Associates, made a compelling case that the development as planned would cause irreparable harm to the turtles and their habitat. Audubon is hopeful that the Lebanon Township Planning Board and US Fish & Wildlife Service will ensure the future of this Bog Turtle population.

Eric Stiles, Vice President
Conservation and Stewardship