N.J. Admin. Code § 7:25-4.1

Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:25-4.1 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Breeding population" means, for birds, the species' population, or assemblage of individuals of a species, present in the State during the nesting season (actual dates of the nesting season vary among species).

"Butt-end band" means a band with an open seam locked around the leg of a bird of any age using pliers or a similar tool and which is obtained from a source approved by the Department, inscribed with a code approved by the Department in sizes stipulated by the Department for each species of bird.

"Captive-bred bird" means any bird that is hatched in captivity from eggs produced by captive parent birds.

"Color mutation" means a color which is different and distinctive from the normal, natural color for that species of animal, as defined in reference texts commonly recognized as authoritative in the field of zoology, ornithology or aviculture, which is produced by breeding together animals with aberrant (mutated) color-producing genes.

"Department" means the State's Department of Environmental Protection.

"Director" means the Director of the Division or its successor within the Department of Environmental Protection.

"Division" means the Division of Fish and Wildlife or its successor within the Department of Environmental Protection.

"Endangered" (E) means a species whose prospects for survival within the State are in immediate danger due to one or many factors: a loss of or change in habitat, overexploitation, predation, competition, disease. An endangered species requires immediate assistance or extinction will probably follow. See N.J.A.C. 7:25-4.13(b) for listing.

"Exotic mammal, bird, reptile or amphibian", means any nongame species or mammal, bird, reptile or amphibian not indigenous to New Jersey.

"Non-breeding population" means, for birds, the species' population, or assemblage of individuals of a species, present in the State during the parts of the year outside of the nesting season (actual dates of the nesting season vary among species).

"Nongame species" means any wildlife for which a legal hunting or trapping season has not been established in New Jersey or which has not been classified as an endangered species by statute or regulation of this State.

"Person" shall be defined to include but not limited to corporations, companies, associations, societies including non-profit organizations, firms, partnerships, joint stock companies, individuals and governmental entities.

"Seamless leg band" means a solid ring leg band from a source approved by the Department, inscribed with a code approved by the Department, in sizes stipulated by the Department for each species of bird, which is slipped onto the leg of a newly hatched captive-bred bird and which is incapable of being removed or reopened when the bird has reached adult size without either destroying the band or injuring the bird.

"Secure-stable" (S) means a species that appears to be secure in the State and not in any immediately foreseeable danger of becoming "endangered," "threatened," or "special concern."

"Special concern" (SC) means a species that warrants special attention by the Department because of inherent vulnerability to environmental deterioration or habitat modification that would result in its becoming threatened if conditions surrounding the species begin or continue to deteriorate. Factors that can lead to classification as special concern include, but are not limited to, species rarity in the State, highly specialized food and/or habitat requirements, low reproductive rate, isolated populations of the species within the State and/or other characteristics that make the species particularly susceptible to environmental or habitat changes. This category includes a species that meets the foregoing criteria and for which there is little understanding of its current population status in the State.

"Threatened" (T) means a species that may become endangered if conditions surrounding it begin to or continue to deteriorate.

"Undetermined-unknown" (U) means a species that cannot be assigned a status of endangered, threatened, special concern or secure-stable because not enough information exists on which to base such a determination.

"Wild bird" means any bird other than a native, introduced, or feral game bird as defined in N.J.S.A. 23:4-49 and other than a domesticated bird such as a chicken, turkey, guinea fowl, goose, duck, pigeon, or peafowl. "Wild bird" also means the egg of a wild bird.

N.J. Admin. Code § 7:25-4.1

Amended by R.1984 d.132, effective 4/16/1984.
See: 16 N.J.R. 97(b), 16 N.J.R. 889(a).
"Special case" and definitions with a letter code recodified from 7:25-20.1.
Amended by R.1995 d.48, effective 1/17/1995.
See: 26 N.J.R. 1040(a), 27 N.J.R. 329(a).
Amended by R.2001 d.73, effective 3/5/2001.
See: 32 N.J.R. 4435(a), 33 N.J.R. 874(a).
Amended by R.2012 d.037, effective 2/21/2012.
See: 43 N.J.R. 87(a), 44 N.J.R. 451(a).
Added definitions "Breeding population", "Non-breeding population", "Secure stable", "Special concern" and "Undetermined-unknown"; deleted definitions "Declining", "Extirpated", "Increasing", "Introduced", "Peripheral", "Special case", "Stable" and "Undetermined"; and in definition "Endangered", substituted "a" for "A" preceding "loss", and updated the N.J.A.C. reference.