Bill Text: NJ A165 | 2024-2025 | Regular Session | Introduced

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Bill Title: Concerns endangered plant species in NJ.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee [A165 Detail]

Download: New_Jersey-2024-A165-Introduced.html

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ASSEMBLY, No. 165

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 

 

Sponsored by:

Assemblywoman  DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Assemblyman  MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

 

 

 

 

SYNOPSIS

     Concerns endangered plant species in NJ.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

An Act concerning endangered plant species, and amending and supplementing P.L.1989, c.56.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.1989, c.56 (C.13:1B-15.153) is amended to read as follows:

     3.    As used in this act:

     "Commissioner" means the Commissioner of the Department of Environmental Protection;

     "Department" means the Department of Environmental Protection;

     "Endangered species" or endangered plant species means any [native plant species whose survival in the State or the nation is in jeopardy, including, but not limited to,] plant species that (1) is designated as listed, proposed, or under review by the federal government as endangered or threatened throughout its range in the United States pursuant to the "Endangered Species Act of 1973," Pub.L.93-205 (16 U.S.C. s.1533), any additional species known or believed to be rare throughout its worldwide range, and any species having five or fewer extant populations within the State, and (2) is not an invasive species;

     "Invasive species" means any plant which has a high potential to become noxious or which is likely to spread to a degree that will likely cause damage to the environment, human economy, or human health;

     "Plant" means any member of the Plant Kingdom, including all roots, stems, leaves, flowers, fruits, seeds, spores, gametophytes and other parts thereof; and

     "Species" means any species, subspecies, or variety of plant.

(cf: P.L.1989, c.56, s.3)

 

     2.    Section 4 of P.L.1989, c.56 (C.13:1B-15.154) is amended to read as follows:

     4.    a.   Within one year of the effective date of [this act] P.L.1989, c.56 (C.13:1B-15.151 et seq.) , the Division of Parks and Forestry in the Department of Environmental Protection shall, on the basis of research and investigations and other available scientific data on plant species, and with the benefit of public comment, develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a list of plant species occurring in the State which are endangered, either by the destruction, drastic modification, or severe curtailment of their habitat; their over-collection for aesthetic, commercial, educational, recreational, or scientific purposes; the effect on them of disease, pollution, or predation; or any other factor or combination of factors, natural or man-made.

     b.    The department shall remove any plant from the endangered plant species list if (1) the plant is an invasive species and (2) is not on the federal endangered plant species list pursuant to the "Endangered Species Act of 1973," Pub.L.93-205 (16 U.S.C. s.1531 et seq.).

(cf: P.L. 1989, c.56, s.4)

 

     3.    (New Section)    The department shall have the authority to control or eliminate an invasive plant species regardless of the existence, or possible existence, of endangered plant species in the area being controlled, except as may be prohibited by federal law, rule, or regulation.

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would amend the definition of the term "endangered species" as used in the State's "Endangered Plant Species List Act" to mean any plant species that (1) is designated as listed, proposed, or under review by the federal government as endangered or threatened throughout its range in the United States pursuant to the federal "Endangered Species Act of 1973," any additional species known or believed to be rare throughout its worldwide range, and any species having five or fewer extant populations within the State, and (2) is not an invasive species.

     The bill would define the term "invasive species" to mean any plant which has a high potential to become noxious or which is likely to spread to a degree that will likely cause damage to the environment, human economy, or human health.

     Some non-native plant species exhibit an aggressive growth habit and can out-compete and displace native plant species.  Invasive species also can degrade, change, or displace native habitats. 

     This bill would also allow the Department of Environmental Protection to remove any plant from the endangered plant species list, if the plant is an invasive species, unless the plant is included on the federal endangered plant species list pursuant to the "Endangered Species Act of 1973."  Furthermore, the bill would authorize the department to control or eliminate an invasive plant species regardless of the existence, or possible existence, of endangered plant species in the area being controlled, except as may be prohibited by federal law, rule, or regulation.