New Jersey Audubon Society: NJDEP Amendments to the Endangered, Nongame, and Exotic Wildlife Rules

American Kestrel.
Photo credit: conservewildlifenj.org
Trenton - The Department of Environmental Protection yesterday released a rule proposal which included several amendments to the Endangered, Nongame and Exotic Wildlife rules including updating the list of endangered species at N.J.A.C. 7:25-4.13 and updating the list which defines the status of indigenous wildlife species at N.J.A.C. 7:25-4.17. These changes are many years in the making and much needed.
"NJ Audubon strongly supports the changes proposed by this Administration," said Eric Stiles, Chief Operating Officer for New Jersey Audubon. "The proposed amendments are the culmination of an exact, science-based process."
The Department is proposing to amend the set of status categories that are assigned to the list of nongame wildlife species to reflect the species' need for conservation action. These changes will much more accurately reflect the current wildlife populations based upon the latest available information on the status of these species in the State.
The amendments have a solid and tested foundation in science. Species are listed, delisted or received status changes as indicated by a process call the Delphi Technique. The Delphi Technique includes survey and analysis of information relating to populations, distribution, habitat needs and other biological and ecological data.
"The Delphi Technique, as used to determine species status, is a well-respected method for building consensus among the scientists charged with researching the species in question. Absent our ability to count every single bird or butterfly, this is the best science-based technique we have."said Margaret O'Gorman, Executive Director of Conserve Wildlife Foundation.
The Delphi Technique is a statistically verifiable investigation process for establishing consensus of a group of experts; in this case, a group of wildlife experts. These experts, including individuals from the private sector, academia and within the Department, review the status of nongame wildlife species and share expert opinions and data through an iterative process administered by the Department.
Dr. Jim Applegate of Rutgers further explained the methodology noting that "the Delphi process is a way to gather the science supported, literature-based, field-tested data and is a way of putting expert opinion together without influence from others, taking into consideration the basis and data for determination, confidence level and other factors through an iterative process. It provides a way for scientists to move toward a consensus whereby 85% of the experts agree on a status which is then recommended to ENSAC for submission to the DEP." Dr. Applegate concluded "The Delphi Technique is the most defensible methodology in existence that a state can use in determining status of wildlife species."
"We analyze based on scientific input from those experts that review a suite of species and make recommendations based upon those facts" said Jane Morton Galetto, a current member and past chair of ENSAC. "For example, the Cooper's Hawk, once a threatened species, is now a much more common breeding bird in NJ. The credibility of all of the listings should be based upon the reality of how the species are doing. Listing some species and not delisting others would undermine the credibility of the entire process" continued Ms. Galetto, also the President of Citizen's United to Protect Maurice River and its Tributaries.
Recent reports noted the "loss" of protections for significant acreage, information based upon general mapping tools which do not take into account the amount of that land already protected by other regulations such as the Freshwater Wetlands Act, nor do they subtract land already preserved by the municipality or the State. Loss of protections for any land in this densely populated, rapidly developing state is cause for concern, however the integrity and credibility of the process demands it.
"There may be very good reasons to protect the 30,000 acres including the protection of soil, carbon sequestration, water filtration and aquifer recharge, and all the ecological services that land and water provide," said Dr. Emile DeVito of the New Jersey Conservation Foundation "That land still needs to be purchased and protected and should be part of regional planning but we can't hang our hat on one species to do that job for us when listing that species as threatened is no longer scientifically defensible."
Some significant changes include those reflecting conservation concern for the status of the American Kestrel, Gold-winged Warbler, Red Knot and Black Rail and decreased concern for the status of the Cooper's Hawk and the Bald Eagle. "Species loss is not, thankfully, a one way street," said Margaret O'Gorman, Executive Director of Conserve Wildlife Foundation. "Wildlife
biologists work hard to move animals off the threatened and endangered species list and the recovery of the bald eagle is a testament to that hard work. Its move from endangered to threatened during non-breeding season is a positive result for all involved."
Eric Stiles, New Jersey Audubon concluded "The state's leading species experts, using the latest information, fully evaluated species and made recommendations. We commend the Governor and Commissioner for acting on the science rather than responding to rhetoric."




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