N.J. Admin. Code § 7:7-9.37
Current through Register Vol. 56, No. 21, November 4, 2024
Section 7:7-9.37 - Critical wildlife habitats(a) Critical wildlife habitats are specific areas known to serve an essential role in maintaining wildlife, particularly in wintering, breeding, and migrating. 1. Rookeries for colonial nesting birds, such as herons, egrets, ibis, terns, gulls, and skimmers; stopovers for migratory birds, such as the Cape May Point region; and natural corridors for wildlife movement merit a special management approach through designation as a Special Area.2. Ecotones, or edges between two types of habitats, are a particularly valuable critical wildlife habitat. Many critical wildlife habitats, such as salt marsh water fowl wintering areas, and muskrat habitats, are singled out as water or water's edge areas.3. Definitions and maps of critical wildlife habitats are currently available only for colonial waterbird habitat in the 1979 Aerial Colony Nesting Waterbird Survey for New Jersey (NJDEP, Division of Fish and Wildlife). Until additional maps are available, sites will be considered on a case-by-case basis by the Division of Fish and Wildlife.(b) Development that would directly or through secondary impacts on the relevant site or in the surrounding region adversely affect critical wildlife habitats is discouraged, unless: 1. Minimal feasible interference with the habitat can be demonstrated;2. There is no prudent or feasible alternative location for the development; and3. The proposal includes appropriate mitigation measures.(c) The Department will review proposals on a case-by-case basis.(d) Rationale: The State of New Jersey, as custodian of a particular portion of the national wildlife heritage, has the obligation of stewardship on behalf of the people of the state and nation to perpetuate wildlife species within its borders for the use, education, research, and enjoyment by future generations.N.J. Admin. Code § 7:7-9.37
Renumbered from 7:7E-3.39 by 47 N.J.R. 1392(a), effective 7/6/2015