N.J. Stat. tit. 23, ch. 2A

in effect

N.J. Stat. § 23:2A-1 Short title

This act shall be known and may be cited as "The Endangered and Nongame Species Conservation Act." L.1973, c. 309, s. 1, eff. Dec. 14, 1973.

N.J. Stat. § 23:2A-2 Legislative findings and declarations.

2. The Legislature hereby finds and declares the following: a. That it is the policy of this State to manage all forms of wildlife to insure their continued participation in the ecosystem; b. That species or subspecies of wildlife indigenous to the State which may be found to be endangered should be accorded special protection in order to maintain and to the extent possible enhance their numbers; and c. That the State should assist in the protection of species or subspecies of wildlife which are deemed to be endangered elsewhere by regulating the taking, possession, transportation, importation, exportation, processing, sale or offer for sale, or shipment within this State of species or subspecies of wildlife including those on any federal endangered species list. L.1973, c.309, s.2; amended 2016, c.6, s.1.

N.J. Stat. § 23:2A-3 Definitions.

3. For the purposes of P.L.1973, c.309 (C.23:2A-1 et seq.), unless the context clearly requires a different meaning: "Commissioner" means the Commissioner of the Department of Environmental Protection; "Department" means the Department of Environmental Protection; "Endangered species" means any species or subspecies of wildlife whose prospects of survival or recruitment are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors: (1) the destruction, drastic modification, or severe curtailment of its habitat, or (2) its over-utilization for scientific, commercial or sporting purposes, or (3) the effect on it of disease, pollution, or predation, or (4) other natural or manmade factors affecting its prospects of survival or recruitment within the State, or (5) any combination of the foregoing factors. The term shall also be deemed to include any species or subspecies of wildlife appearing on any federal endangered species list; "Nongame species" means any wildlife for which a legal hunting or trapping season has not been established or which has not been classified as an endangered species by statute or regulation of this State; "Take" means to harass, hunt, capture, kill, or attempt to harass, hunt, capture, or kill, wildlife; "Wildlife" means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean or other wild animal or any part, product, egg or offspring or the dead body or parts thereof. L.1973, c.309, s.3; amended 1981, c.281, s.1; 2016, c.6, s.2.

N.J. Stat. § 23:2A-4 Investigations, list of endangered species.

4. a. The commissioner shall conduct investigations concerning wildlife indigenous to the State in order to develop information relating to populations, distribution, habitat needs, limiting factors and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations the commissioner shall develop management programs which shall be designed to insure the continued ability of wildlife to perpetuate themselves successfully. b. On the basis of such investigations of wildlife and other available scientific and commercial data the commissioner may by rule or regulation promulgate a list of those species and subspecies of wildlife indigenous to the State which are determined to be endangered, giving their common and scientific names by species and subspecies. The commissioner shall periodically review the State list of endangered species and may by regulation amend the list making such additions or deletions as are deemed appropriate. L.1973, c.309, s.4; amended 1981, c.281, s.3; 1981, c.511, s.14; 2016, c.6, s.3.

N.J. Stat. § 23:2A-4.1 Diamondback terrapin designated nongame indigenous species.

1. a. Notwithstanding any law, rule, or regulation to the contrary, the diamondback terrapin shall be designated as a nongame indigenous species and shall be subject to the laws, rules, and regulations governing the importation, care, possession, and breeding of that type of animal in the State. b. Any diamondback terrapin, including any nest or egg thereof, shall be protected by the Department of Environmental Protection, any other State agency, and any local governmental entity in the same manner and to the same extent as any nongame species of reptile indigenous to the State that is protected by "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), any other applicable State law, or any rule or regulation adopted pursuant thereto. c. The commissioner shall investigate populations, distribution, habitat needs, limiting factors, and other biological and ecological data concerning the State's diamondback terrapin population to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations, the commissioner shall develop management programs which shall be designed to insure the continued ability of the State's diamondback terrapin population to perpetuate themselves successfully. L.2016, c.17, s.1.

N.J. Stat. § 23:2A-5 Rules, regulations; inspections; fees.

5. a. The commissioner shall have the power to formulate and promulgate, adopt, amend and repeal rules and regulations, limiting, controlling and prohibiting the taking, possession, transportation, importation, exportation, sale or offer for sale, or shipment of any nongame species or any wildlife on the State list of endangered species, and for the purposes of implementing section 6 of P.L.2016, c.6 (C.23:2A-6.1). Such rules and regulations shall be designed to promote the public health, safety and welfare and shall be adopted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). b. The commissioner is authorized to conduct periodic inspections in order to determine compliance with the rules and regulations adopted pursuant to this section, and, to that end, is authorized to charge and collect fees in an amount sufficient to cover the costs of the inspections and services performed pursuant to P.L.1973, c.309 (C.23:2A-1 et seq.). Such fees shall be devoted entirely and exclusively to carrying out the purposes and provisions of P.L.1973, c.309 (C.23:2A-1 et seq.). Inspection fees shall be established in accordance with a fee schedule adopted by the department as a rule and regulation pursuant to the provisions of the "Administrative Procedure Act." L.1973, c.309, s.5; amended 1981, c.281, s.2; 2016, c.6, s.4.

N.J. Stat. § 23:2A-6 Prohibitions relative to certain species.

6. Except as otherwise provided in P.L.1973, c.309 (C.23:2A-1 et seq.) or the rules or regulations adopted thereunder, no person shall take, possess, transport, import, export, process, sell or offer for sale, or ship, and no common or contract carrier shall knowingly transport or receive for shipment, any species or subspecies of wildlife appearing on the following lists: (1) the list of wildlife determined to be endangered by the commissioner pursuant to P.L.1973, c.309 (C.23:2A-1 et seq.); (2) the list of nongame species regulated pursuant to P.L.1973, c.309 (C.23:2A-1 et seq.); and (3) any federal list of endangered species. Any species or subspecies of wildlife appearing on any of the foregoing lists which enters the State from another state or from a point outside the territorial limits of the United States and which is transported across the State destined for a point beyond the State may be so entered and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state. L.1973, c.309, s.6; amended 1981, c.281, s.4; 2016, c.6, s.5.

N.J. Stat. § 23:2A-6.1 Prohibitions relative to products, parts of certain species; exceptions; rules, regulations; definitions.

6. a. Notwithstanding the provisions of section 6 of P.L.1973, c.309 (C.23:2A-6) or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, no person shall possess, transport, import, export, process, sell or offer for sale, or ship, and no common or contract carrier shall knowingly transport or receive for shipment any part or product of: (1) any specified African species; or (2) any species or subspecies of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, or ray listed in Appendix I or Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. b. The following exceptions and defenses shall apply to the prohibition in subsection a. of this section: (1) the part or product was lawfully possessed within the State prior to the effective date of P.L.2016, c.6 (C.23:2A-6.1 et al.); (2) the part or product is being used or displayed for scientific, zoological, or educational purposes; (3) the part or product is conveyed directly to a devisee, heir, or beneficiary, provided that the part or product was lawfully possessed by the decedent prior to the effective date of this section; or (4) the person lawfully possesses any ivory, ivory product, rhinoceros horn, or rhinoceros horn product in compliance with section 3 of P.L.2014, c.22 (C.23:2A-13.3). c. The department may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement this section. d. Nothing in this section shall be construed to preclude a person violating this section from also being liable for any applicable violation of P.L.2014, c.22 (C.23:2A-13.1 et seq.), R.S.23:4-27, or any other State law, rule, or regulation. e. As used in this section: "Beneficiary" has the same meaning as that term is defined in N.J.S.3B:1-1. "Devisee" has the same meaning as that term is defined in N.J.S.3B:1-1. "Heir" has the same meaning as that term is defined in N.J.S.3B:1-1. "Specified African species" means the following species of wildlife: (1) African elephant (Loxodonta Africana); (2) African leopard (Panthera pardus); (3) African lion (Panthera leo); (4) black rhinoceros (Diceros bicornis); and (5) white rhinoceros (Ceratotherium simum). L.2016, c.6, s.6.

N.J. Stat. § 23:2A-6.2 Activities permitted pursuant to conduct of biomedical research.

7. Notwithstanding the provisions of section 6 of P.L.1973, c.309 (C.23:2A-6), section 6 of P.L.2016, c.6 (C.23:2A-6.1), or any other State law, or any rule or regulation adopted pursuant thereto, to the contrary, unless such activity is otherwise prohibited by federal law, a person may possess, transport, import, export, process, sell or offer for sale, or ship wildlife, or part or product thereof: (1) for purposes related to the conduct of biomedical research at a facility licensed by the United States Department of Agriculture pursuant to the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq., or at a facility conducting biomedical research in compliance with the "Public Health Service Policy on Humane Care and Use of Laboratory Animals" issued by the United States National Institutes of Health; (2) in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state, if the wildlife, or part or product thereof, enters the State from another state or from a point outside the territorial limits of the United States, and is transported across the State destined for a point beyond the State; or (3) in the course of undertaking any law enforcement activities pursuant to federal or State law, or other mandatory duties required by federal or State law, if the person is an employee or agent of the federal government, the State government, or a bi-state authority. L.2016, c.6, s.7.

N.J. Stat. § 23:2A-7 Programs for conservation and management of nongame and endangered species of wildlife.

7. a. The commissioner shall establish such programs, including acquisition of land or aquatic habitats, as are deemed necessary for the conservation and management of nongame and endangered species of wildlife. b. In carrying out programs authorized by P.L.1973, c.309 (C.23:2A-1 et seq.), the commissioner may enter into agreements with federal agencies, with political subdivisions of the State, or with private persons for administration and management of any area established under this section or utilized for management of nongame or endangered species of wildlife. c. With the approval of the Governor, the commissioner may cooperate with and receive money from the federal government, any county or municipal government, or private sources for the purposes of P.L.1973, c.309 (C.23:2A-1 et seq.). The commissioner may establish a separate fund from these contributions for the support of nongame and endangered species programs and for the purposes of P.L.1973, c.309 (C.23:2A-1 et seq.). d. The commissioner may authorize, under such terms and conditions as may be prescribed by rule or regulation, the taking, possession, transportation, importation, exportation, sale or offer for sale, or shipment of nongame species and wildlife which appear on the State list of endangered species for scientific, zoological, or educational purposes, for propagation in captivity of such wildlife, or for other special purposes. e. The commissioner shall appoint a committee of experts to advise and assist the commissioner in carrying out the intent of P.L.1973, c.309 (C.23:2A-1 et seq.). These experts shall include persons actively involved in the conservation of wildlife. L.1973, c.309, s.7; amended 1981, c.281, s.5; 2016, c.6, s.8.

N.J. Stat. § 23:2A-7.1 "Wildlife Corridor Action Plan," definitions.

1. a. As used in this section: "Action plan" means the "Wildlife Corridor Action Plan" developed pursuant to subsection b. of this section. "Crossing project" means a project within a wildlife corridor that incorporates additional measures into a transportation project, which measures promote motor vehicle driver safety and wildlife habitat connectivity and are conducive to wildlife quality of life and safety. "Transportation project" means a project involving roadways, bridges, or culverts that has been included in the State's Annual Transportation Capital Program. "Transportation project" shall not include maintenance or repair projects. "Wildlife corridor" means a swath of land proximate to wildlife populations along which wildlife may move freely without significant risk of injury or death from motor vehicles or undue interference due to other man-made barriers. b. No later than 36 months after the effective date of this act, the Department of Environmental Protection and the Department of Transportation shall jointly develop a "Wildlife Corridor Action Plan," based on the requirements outlined in subsection c. of this section, which shall be updated at least every 10 years. No later than 60 days after the completion of the development of the plan, and any update or revision thereto, the Department of Environmental Protection and the Department of Transportation shall prepare and submit to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a summary of the "Wildlife Corridor Action Plan." c. The "Wildlife Corridor Action Plan" shall: (1) identify wildlife corridors, wildlife-vehicle collision hotspots, and existing or planned barriers to wildlife movement along these corridors; (2) identify and recommend criteria for crossing projects to promote motor vehicle driver safety and wildlife connectivity with natural and wildlife areas conducive to quality of life and safety for wildlife; (3) use relevant State databases and complement and incorporate existing conservation strategies developed in the State, including, but not limited to, any State wildlife action plans and the Department of Environmental Protection's "Connecting Habitat Across New Jersey" project (NJ CHANJ); (4) consider the impact of transportation projects on wildlife corridors and recommend strategies to mitigate threats to wildlife and wildlife corridors by modifying and incorporating safety measures into transportation projects; and (5) coordinate action between the Department of Environmental Protection, the Department of Transportation, other State agencies and independent authorities, federal agencies, and national and State conservation, environment, and wildlife groups and organizations to maximize the effectiveness and safety of wildlife corridors. d. No later than 36 months after the "Wildlife Corridor Action Plan" is submitted to the Governor and the Legislature, pursuant to subsection b. of this section, the Department of Transportation shall review the plan and identify and recommend crossing projects that, to the extent feasible, may be incorporated into a transportation project. The Department of Transportation shall not identify and recommend crossing projects for inclusion in any transportation project that has surpassed the concept development phase, the selection of a preferred alternative, or an equivalent milestone since the enactment of P.L.2025, c.77 (C.23:2A-7.1). e. While developing the action plan pursuant to subsection b. of this section, the Department of Environmental Protection and the Department of Transportation may call upon the advice and services of other State agencies and independent authorities, federal agencies, and national and State conservation, environment, or wildlife groups and organizations. While reviewing the plan pursuant to subsection d. of this section, the Department of Transportation may call upon the advice and services of other State agencies and independent authorities, federal agencies, and national and State conservation, environment, or wildlife groups and organizations. L.2025, c.77.

N.J. Stat. § 23:2A-8 Obstruction, hindrance or delay of personnel of department

No person shall obstruct, hinder or delay, or interfere with by force or otherwise, the performance by the department or its personnel of any duty under the provisions of this act, or refuse to permit such personnel to perform their duties by refusing them, upon proper identification or presentation of a written order of the department, entrance to any premises at reasonable hours. L.1973, c. 309, s. 8, eff. Dec. 14, 1973.

N.J. Stat. § 23:2A-9 Investigation of suspected violators

Whenever the department has cause to believe that any person is violating any provision of this act, or a rule or regulation promulgated pursuant to the provisions of this act, the department shall cause a prompt investigation to be made in connection therewith. L.1973, c. 309, s. 9, eff. Dec. 14, 1973.

N.J. Stat. § 23:2A-10 Violations; penalties; enforcement.

10. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of the provisions of P.L.1973, c.309, or any rule or regulation adopted, or permit or order issued pursuant thereto, the commissioner may: (1) Issue an order in accordance with subsection b. of this section requiring the person to comply; (2) Bring a civil action in accordance with subsection c. of this section; (3) Levy a civil administrative penalty in accordance with subsection d. of this section; (4) Bring an action for a civil penalty in accordance with subsection e. of this section; or (5) Petition the Attorney General to bring a criminal action in accordance with subsection f. of this section. The exercise of any of the remedies provided in this section shall not preclude recourse to any other remedy so provided. b. Whenever, on the basis of available information, the commissioner finds that a person is in violation of any provision of P.L.1973, c.309, or any rule or regulation adopted, or permit or order issued pursuant thereto, the commissioner may issue an order: (1) specifying the provision or provisions of P.L.1973, c.309, or the rule or regulation, or order or permit issued pursuant thereto, of which the person is in violation; (2) citing the action that constituted the violation; (3) requiring compliance with the provision of P.L.1973, c.309, the rule or regulation, or order or permit issued pursuant thereto, of which the person is in violation; (4) requiring the restoration to address any adverse effects resulting from the violation; and (5) giving notice to the person of a right to a hearing on the matters contained in the order. c. The commissioner is hereby authorized and empowered to commence a civil action in Superior Court for appropriate relief from a violation of the provisions of P.L.1973, c.309, or any rule or regulation adopted, or any permit or order issued pursuant thereto. This relief may include, singly or in combination: (1) A temporary or permanent injunction; (2) Recovery of reasonable costs of any investigation, inspection, sampling or monitoring survey that led to the discovery of the violation, and for the reasonable costs of preparing and bringing a civil action commenced under this subsection; (3) Recovery of reasonable costs incurred by the State in removing, correcting, or terminating the adverse effects resulting from any violation of P.L.1973, c.309 for which a civil action has been commenced and brought under this subsection; (4) Recovery of compensatory damages for any loss or destruction of natural resources, including but not limited to, wildlife, fish, aquatic life, habitat, plants, or historic or archeological resources, and for any other actual damages caused by any violation for which a civil action has been commenced and brought under this subsection. Assessments under this subsection shall be paid to the "Endangered and Nongame Species of Wildlife Conservation Fund," established pursuant to section 1 of P.L.1981, c.170 (C.54A:9-25.2), except that compensatory damages to privately held resources shall be paid by specific order of the court to any persons who have been aggrieved by the unauthorized regulated activity; (5) An order requiring the violator restore the site of the violation to the maximum extent practicable and feasible or, in the event that restoration of the site of the violation is not practicable or feasible, provide for off-site restoration alternatives as approved by the department. d. The commissioner is authorized to assess a civil administrative penalty of not more than $25,000 for each violation of the provisions of P.L.1973, c.309, and each day during which each violation continues shall constitute an additional, separate, and distinct offense. Any amount assessed under this subsection shall fall within a range established by regulation by the commissioner for violations of similar type, seriousness, duration, and conduct; provided, however, that prior to the adoption of the regulation, the commissioner may, on a case-by-case basis, assess civil administrative penalties up to a maximum of $25,000 per day for each violation, utilizing the criteria set forth herein. In addition to any administrative penalty to be assessed under this subsection, and notwithstanding the $25,000 maximum penalty set forth above, the commissioner may assess any economic benefits from the violation gained by the violator. Prior to assessment of a penalty under this subsection, the property owner or person committing the violation shall be notified by certified mail or personal service that the penalty is being assessed. The notice shall include a reference to the section of the statute, regulation, or order or permit condition violated; recite the facts alleged to constitute a violation; state the basis for the amount of the civil penalties to be assessed; and affirm the rights of the alleged violator to a hearing. The ordered party shall have 35 calendar days from receipt of the notice within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 35-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The authority to levy an administrative order is in addition to all other enforcement provisions in P.L.1973, c.309, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. The department may compromise any civil administrative penalty assessed under this section in an amount and with conditions the department determines appropriate. A civil administrative penalty assessed, including a portion thereof required to be paid pursuant to a payment schedule approved by the department, which is not paid within 90 days of the date that payment of the penalty is due, shall be subject to an interest charge on the amount of the penalty, or portion thereof, which shall accrue as of the date payment is due. If the penalty is contested, no additional interest charge shall accrue on the amount of the penalty until after the date on which a final order is issued. Interest charges assessed and collectible pursuant to this subsection shall be based on the rate of interest on judgments provided in the New Jersey Rules of Court. e. Any person who violates any provision of P.L.1973, c.309, or any rule or regulation adopted, or permit or order issued pursuant thereto, or an order issued pursuant to subsection b. of this section, or a court order issued pursuant to subsection c. of this section, or who fails to pay in full a civil administrative penalty levied pursuant to subsection d. of this section, or who fails to make a payment pursuant to a penalty payment schedule entered into with the department, or who knowingly makes any false or misleading statement on any application, record, report, or other document required to be submitted to the department, shall be subject, upon order of a court, to a civil penalty not to exceed $25,000 for each day during which the violation continues. Any civil penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). In addition to any penalties, costs or interest charges, the court may assess against the violator the amount of economic benefit accruing to the violator from the violation. The Superior Court and municipal courts shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999." f. A person who purposely, knowingly or recklessly violates any provision of P.L.1973, c.309, or any rule or regulation adopted, or permit or order issued pursuant thereto, shall be guilty, upon conviction, of a crime of the third degree and shall, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, be subject to a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment, or both. A person who purposely, knowingly, or recklessly makes a false statement, representation, or certification in any application, record, or other document filed or required to be maintained under any provision of P.L.1973, c.309, or any rule or regulation adopted, or permit or order issued pursuant thereto, or who falsifies, tampers with or purposely, knowingly, or recklessly renders inaccurate, any monitoring device or method required to be maintained pursuant to P.L.1973, c.309, or any rule or regulation adopted, or permit or order issued pursuant thereto, shall be guilty, upon conviction, of a crime of the third degree and shall, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, be subject to a fine of not more than $50,000 per day of violation, or by imprisonment, or both. g. All penalties collected pursuant to this section shall be deposited in the "Endangered and Nongame Species of Wildlife Conservation Fund," established pursuant to section 1 of P.L.1981, c.170 (C.54A:9-25.2), and kept separate from other receipts deposited therein, and appropriated to the department for the purposes outlined in that fund. h. Each applicant or permittee, upon the request of the department, shall provide any information the department or the commissioner requires to determine compliance with any provision of P.L.1973, c.309, or of any rule or regulation adopted, or permit or order issued pursuant thereto. L.1973, c.309, s.10; amended 1979, c.385, s.1; 1991, c.91, s.278; 1995, c.411; 2007, c.246, s.7.

N.J. Stat. § 23:2A-11 Severability

If any provision of this act or rule or regulation adopted hereunder or the application thereof to any person or circumstances is held invalid, the remainder of the act or rule or regulation and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. L.1973, c. 309, s. 11, eff. Dec. 14, 1973.

N.J. Stat. § 23:2A-12 Functions, powers and duties of department under other laws

The powers, duties and functions vested in the State Department of Environmental Protection under the provisions of this act shall not be construed to limit in any manner the functions, powers and duties vested in the State Department of Environmental Protection under any other provisions of law. L.1973, c. 309, s. 12, eff. Dec. 14, 1973.

N.J. Stat. § 23:2A-13 Liberal construction of act

This act shall be liberally construed to effectuate the purpose and intent thereof. L.1973, c. 309, s. 13, eff. Dec. 14, 1973.

N.J. Stat. § 23:2A-13.1 Findings, declarations relative to ivory trafficking.

1. The Legislature finds and declares that ivory trafficking is at the highest rate ever recorded, with an estimated confiscation of more than 41 tons of illegal ivory worldwide in 2013; that despite laws to protect elephants, more than 35,000 African elephants were slaughtered in 2012 and scientists expect the current levels of illegal trade in ivory will bring elephants to extinction within 20 years; that other species with ivory teeth and tusks - such as hippopotamuses, narwhals, walruses, and whales - are equally threatened and the protection of one species may inadvertently draw poachers' efforts to another species; that precious artifacts from prehistoric mammoths are also not safe and need protection from illegal ivory traffickers; that currently the population of all species of rhinoceros living in the wild worldwide has dwindled to 29,000 and, in February 2014, a federal ban on commercial trade of rhinoceros horn and elephant ivory has focused the need to protect rhinoceros populations from poachers as well; and that the most effective way to discourage the illegal trafficking is to eliminate markets and profits for the traffickers. The Legislature therefore determines that it is an important public purpose to protect all species of rhinoceros and all species of animals with ivory teeth and tusks by prohibiting the import, sale, purchase, barter, or possession with intent to sell, of any ivory, ivory product, rhinoceros horn, or rhinoceros horn product. L.2014, c.22, s.1.

N.J. Stat. § 23:2A-13.2 Definitions relative to ivory trafficking.

2. As used in this act: "Ivory" means any tooth or tusk composed of ivory from any animal, including, but not limited to, an elephant, hippopotamus, mammoth, narwhal, walrus, or whale, or any piece thereof, whether raw ivory or worked ivory, or made into, or part of, an ivory product. "Ivory product" means any item that contains, or that is wholly or partially made from, any ivory. "Raw ivory" means any ivory the surface of which, polished or unpolished, is unaltered or minimally changed by carving. "Rhinoceros horn" means the horn, or any piece thereof, of any species of rhinoceros. "Rhinoceros horn product" means any item that contains, or is wholly or partially made from, any rhinoceros horn. "Total value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products" means the fair market value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products, or the actual price paid for the ivory, ivory products, rhinoceros horn, and rhinoceros products, whichever is greater. "Worked ivory" means ivory that has been embellished, carved, marked, or otherwise altered so that it can no longer be considered raw ivory. L.2014, c.22, s.2.

N.J. Stat. § 23:2A-13.3 Additional prohibitions, penalties; exemptions.

3. a. In addition to the prohibitions established pursuant to, and the penalties imposed for violations of, R.S.23:4-27, "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), and any other applicable law, it shall be unlawful for any person to import, sell, offer for sale, purchase, barter, or possess with intent to sell, any ivory, ivory product, rhinoceros horn, or rhinoceros horn product, except as provided pursuant to this section. b. It shall be presumptive evidence of possession with intent to sell when any ivory, ivory product, rhinoceros horn, or rhinoceros horn product is possessed in a retail or wholesale outlet commonly used for the buying or selling of similar products, provided, however, that nothing in this subsection shall preclude a finding of intent to sell based on any other evidence which may serve to independently establish such intent. The act of obtaining an appraisal of ivory, an ivory product, rhinoceros horn, or a rhinoceros horn product, alone shall not constitute possession with intent to sell. c. A person may convey ivory, an ivory product, rhinoceros horn, or a rhinoceros horn product to the legal beneficiary of the ivory, ivory product, rhinoceros horn, or rhinoceros horn product which is part of an estate or other items being conveyed to lawful beneficiaries upon the death of the owner of the ivory, ivory product, rhinoceros horn, or rhinoceros horn product or in anticipation of that death. d. None of the prohibitions set forth in this section shall apply to employees or agents of the federal or State government undertaking any law enforcement activities pursuant to federal or State law or any mandatory duties required by federal or State law. e. The prohibition on import set forth in subsection a. of this section shall not apply where the import is expressly authorized by federal license or permit. f. The Department of Environmental Protection may permit, under terms and conditions as the department may prescribe, the import, sale, offer for sale, purchase, barter, or possession with intent to sell, any ivory, ivory product, rhinoceros horn, or rhinoceros horn product for bona fide educational or scientific purposes, unless this activity is prohibited by federal law. L.2014, c.22, s.3.

N.J. Stat. § 23:2A-13.4 Additional penalties, degree of crime; disposition of seized ivory.

4. a. In addition to any applicable penalties which may be imposed pursuant to R.S.23:4-27, "The Endangered and Nongame Species Conservation Act," P.L.1973, c.309 (C.23:2A-1 et seq.), or any other applicable law, a person violating any provision of section 3 of this act, or any rule or regulation adopted pursuant to section 5 of this act, shall be guilty of: (1) for a first offense, a disorderly persons offense and, notwithstanding the provisions of N.J.S.2C:43-3, shall be fined not less than $1,000 or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved in the offense, whichever is greater; and (2) for a second or subsequent offense, a crime of the fourth degree and, notwithstanding the provisions of N.J.S.2C:43-3, shall be fined not less than $5,000 or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved in the offense, whichever is greater. b. Upon a conviction for violating the provisions of section 3 of this act, the court shall order the seizure of all ivory, ivory products, rhinoceros horn, and rhinoceros horn products involved in the violation and determine the penalty for the violation based on the assessed value of the seized products pursuant to subsection a. of this section. After sentencing the defendant, the court shall order that the seized ivory, ivory products, rhinoceros horn, and rhinoceros horn products be transferred to the Department of Environmental Protection for proper disposition. The department, at its discretion, may destroy the ivory, ivory products, rhinoceros horn, and rhinoceros horn products or donate them to an educational or scientific institution or organization, including, but not necessarily limited to, a museum, university, or research group. L.2014, c.22, s.4.

N.J. Stat. § 23:2A-13.5 Rules, regulations.

5. The Department of Environmental Protection may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation and administration of this act. L.2014, c.22, s.5.

N.J. Stat. § 23:2A-14 Intentional feeding of black bears prohibited; violations, penalties

1. a. No person shall: (1) feed, give, place, expose, deposit, distribute or scatter any edible material or attractant with the intention of feeding, attracting or enticing a black bear; or (2) store pet food, garbage or other bear attractants in a manner that will result in bear feedings when black bear are known to frequent the area. b. Subsection a. of this section shall not apply in the case of an unintentional feeding of a black bear. "Unintentional feeding"means using or placing any material for a purpose other than to attract or entice black bears but which results in the attraction or enticement of a black bear, and shall include but need not be limited to the use and placement of bait for deer in accordance with section 1 of P.L.1997, c.424 (C.23:4-24.4) and the State Fish and Game Code. c. (1) If any person violates subsection a. of this section, the department may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations and the court may proceed in the action in a summary manner. (2) Any person who violates the provisions of subsection a. of this section shall be liable to a civil penalty of up to $1,000 for each offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. Civil penalties recovered for violations hereof shall be remitted as provided in R.S.23:10-19. The Superior Court and municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999." If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. No person shall be assessed a civil penalty pursuant to this paragraph unless the person has first been issued a prior written warning for a violation of subsection a. of this section. (3) The department is hereby authorized and empowered to compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances. d. The provisions of this section shall be enforced by all municipal police officers, the State Police, and law enforcement officers with the Division of Fish and Wildlife and the Division of Parks and Forestry in the Department of Environmental Protection. e. Nothing in this section shall be construed to restrict in any way the attraction, capture, or taking of black bears by or at the direction of the Division of Fish and Wildlife for management or research purposes. L.2002,c.97.

N.J. Stat. § 23:2A-15 Matching funds for certain federal grants to benefit wildlife, wildlife habitat.

1. a. There shall be appropriated each fiscal year to the Department of Environmental Protection a sum sufficient to provide the State match required to qualify for any federal grants or other assistance apportioned and made available to the State of New Jersey under the State Wildlife Grants Program or any similar program established pursuant to federal law, rule, or regulation for the purpose of benefitting wildlife and their habitat, including species that are not hunted or fished. b. The annual State match appropriation requirement under subsection a. of this section shall be met through the appropriation, from the "Endangered and Nongame Species of Wildlife Conservation Fund" established by section 1 of P.L.1981, c.170 (C.54A:9-25.2), from the "Wildlife Conservation Fund" established by section 1 of P.L.1993, c.119 (C.39:3-33.10), or from any other fund or account established by law exclusively or primarily to fund the conservation of endangered or nongame wildlife and their habitat, of moneys, credited in such funds or accounts, that cumulatively exceed an amount equal to the total amount from those funds or accounts that was used in State fiscal year 2005 to support programs and activities related to the conservation of endangered or nongame wildlife and their habitat, which support is ineligible to meet the State match requirement under the State Wildlife Grants Program. c. In any fiscal year, to the extent that funds directed to be appropriated under subsection b. of this section are insufficient to meet the annual State match appropriation requirement under subsection a. of this section, the remaining amount necessary to meet that requirement shall be made from the General Fund. d. The sum appropriated under this section each fiscal year shall be expended by the Division of Fish and Wildlife in the Department of Environmental Protection for the purposes and in accordance with the requirements of the federal program and to allow the Endangered and Nongame Species Program in the division to perform its duties and responsibilities. L.2005,c.211,s.1.

N.J. Stat. § 23:2A-16 Definitions relative to use of wild, exotic animals in traveling animal acts; exceptions; violations, penalties.

1. a. As used in this section: "Mobile or traveling housing facility" means a vehicle, including a truck, trailer, or railway car, used to transport or house an animal used for performance. "Performance" means any animal act, carnival, circus, display, exhibition, exposition, fair, parade, petting zoo, presentation, public showing, race, ride, trade show, or similar undertaking in which animals perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience. "Traveling animal act" means any performance which requires an animal to be transported to or from the location of a performance in a mobile or traveling housing facility. "Wild or exotic animal" means any live animal that is classified into any of the following scientific classifications: (1) Artiodactyla, excluding domestic cattle, bison, American buffalo, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, or alpacas; (2) Camelidae; (3) Canidae, including any hybrids thereof, but excluding domestic dogs; (4) Crocodilia; (5) Elephantidae; (6) Felidae, including any hybrids thereof, but excluding domestic cats; (7) Marsupialia; (8) Non-human primate; (9) Perissodactyla, excluding domestic horses, ponies, donkeys, or mules; (10) Pinnipedia; (11) Ursidae; and (12) Elasmobranchii, excluding rays. b. Notwithstanding any other law, rule, or regulation adopted pursuant thereto, to the contrary, no person shall use a wild or exotic animal in a traveling animal act. c. Any person who violates this section shall be subject to the penalties provided for in section 10 of P.L.1973, c.309 (C.23:2A-10), except that the criminal penalties provided in subsection f. of that section shall not apply. d. This section shall not apply to: (1) exhibitions at a non-mobile, permanent institution or facility licensed by the United States Department of Agriculture and permitted by the Division of Fish and Wildlife in the Department of Environmental Protection; (2) outreach programs for bona fide educational or conservation purposes conducted by, or affiliated with, a non-mobile, permanent institution or facility that meets the requirements described in paragraph (1) of this subsection; (3) an institution of higher education exhibiting wild or exotic animals for research or education purposes; or (4) outreach programs conducted by governmental entities. L.2018, c.141, s.1.

N.J. Stat. § 23:2A-17 Short title.

1. This act shall be known and may be cited as the "Invasive Species Management Act." L.2025, c.290, s.1.

N.J. Stat. § 23:2A-18 Findings and declarations.

2. a. The Legislature finds and declares that non-native invasive species of plants, animals, and other organisms, which were intentionally or accidentally introduced into habitats and geographical areas where they did not evolve, possess the ability to reproduce and spread without the natural limits present in their native ecosystems and pose a threat to New Jersey's native species, natural resources, ecosystem function, human health, and economic vitality. b. The Legislature therefore determines that it is in the public interest to establish a permanent New Jersey Invasive Species Council to advise the Department of Environmental Protection, the Department of Agriculture, and the Legislature on the issue of invasive species; to prohibit the sale of certain plant species that are known to be invasive; and to provide adequate annual funding to the Department of Environmental Protection and the Department of Agriculture to control the spread of invasive plant species in the State. L.2025, c.290, s.2.

N.J. Stat. § 23:2A-19 Definitions.

3. As used in this act: "Commissioner" means the Commissioner of Environmental Protection. "Council" means the New Jersey Invasive Species Council established by section 5 of this act. "Conditional use waiver" means an authorization issued by the Department of Environmental Protection that provides for a limited, specified use of a prohibited invasive species, which would otherwise be prohibited pursuant to the provisions of section 4 of this act. "Cultivar" means a variety of plant that has been specifically cultivated by humans, through artificial selection, in order to produce particular traits. "Department" means the Department of Environmental Protection. "Departments" means both the Department of Environmental Protection and the Department of Agriculture. "Introduction" means the placement, release, or escape of a non-native species into a new geographical area. "Invasive species" means, with regard to a particular ecosystem, a non-native organism whose introduction causes, or is likely to cause, economic or environmental harm, or harm to human, animal, or plant health. "Non-native species" means, with respect to a particular ecosystem, an organism, including its seeds, eggs, spores, or other biological material capable of propagating that species, that occurs outside of its natural range. "Prohibited invasive species" means an invasive species whose introduction causes, or may cause, substantial economic or environmental harm or harm to human health, or substantially threatens, or may threaten, natural resources or the use of natural resources in the State, which species has been listed in section 4 of this act or the rules and regulations adopted by the department to implement this act. "Secretary" means the Secretary of Agriculture. L.2025, c.290, s.3.

N.J. Stat. § 23:2A-20 Prohibited invasive species.

4. a. The following species shall be considered prohibited invasive species: (1) Norway maple (Acer platanoides); (2) tree of heaven (Ailanthus altissima); (3) mimosa tree or Persian silk tree (Albizia julibrissin); (4) porcelain berry (Ampelopsis glandulosa var. brevipedunculata); (5) Japanese angelica tree (Aralia elata); (6) Japanese barberry (Berberis thunbergii); (7) Japanese clematis (Clematis terniflora); (8) autumn olive (Elaeagnus umbellata); (9) weeping lovegrass (Eragrostis curvula); (10) winged burning bush (Euonymus alatus); (11) English ivy (Hedera helix); (12) Japanese hop (Humulus japonicus); (13) European privet (Ligustrum vulgare); (14) Amur honeysuckle (Lonicera maackii); (15) Morrow's honeysuckle (Lonicera morrowii); (16) purple loosestrife (Lythrum salicaria); (17) Japanese crabapple (Malus toringo); (18) Chinese silver grass (Miscanthus sinensis); (19) Eurasian water-milfoil (Myriophyllum spicatum); (20) Oriental photinia (Photinia villosa); (21) Callery or Bradford pear (Pyrus calleryana); (22) common buckthorn (Rhamnus cathartica); (23) jetbead (Rhodotypos scandens); (24) multiflora rose (Rosa multiflora); (25) European water chestnut (Trapa natans); (26) Siebold's arrowwood (Viburnum sieboldii); (27) Japanese wisteria (Wisteria floribunda); (28) Chinese wisteria (Wisteria sinensis); (29) sericea lespedeza (Lespedeza cuneata); (30) running bamboo (Phyllostachys); and (31) any additional species formally listed, in rules and regulations adopted by the department pursuant to section 7 of this act, as a prohibited invasive species. b. Commencing on the first day of the 13th month next following the effective date of this act, no person shall propagate a prohibited invasive species in this State, or import or otherwise introduce a prohibited invasive species into this State, without a written conditional use waiver issued pursuant to this act. c. Commencing on the first day of the 49th month next following the effective date of this act, except as provided under P.L.1963, c.29 (C.4:8-17.13 et seq.) and the rules and regulations adopted pursuant thereto, no person shall sell, distribute, export, or offer or otherwise make available for sale, distribution, or exportation, a prohibited invasive species, or the seeds of a prohibited invasive species, in the State without a conditional use waiver issued pursuant to this act. d. The prohibitions established in subsections b. and c. of this section shall apply to any invasive species, including any non-hybrid sub-species, variety, cultivar, or other subcategory thereof, which is formally listed, in rules and regulations adopted by the department pursuant to section 7 of this act, as a prohibited invasive species. e. The following cultivars and varieties of prohibited invasive species shall be exempt from the prohibitions established in subsections b. and c. of this section, but when sold, offered for sale, distributed, imported, exported, or otherwise propagated for sale or distribution shall be labelled and accompanied with the educational materials developed by the Invasive Species Council pursuant to subsection c of section 6 of this act: (1) the following cultivars of Japanese barberry (Berberis thunbergii): (a) Aurea; (b) UCONNBTCP4N; (c) UCONNBTB113; (d) UCONNBTB048; and (e) UCONNBTB039; (2) the following cultivars or varieties of Chinese Silver grass (Miscanthus sinensis): (a) NCMS1; and (b) Tift M77; (3) any additional cultivars or varieties exempted pursuant to rules and regulations adopted by the department pursuant to section 7 of this act. f. The exemptions provided by subsection e. of this section shall expire two years after the effective date of this act, unless the department, in consultation with the New Jersey Invasive Species Council and the Department of Agriculture, adopts rules and regulations to continue the exemptions. L.2025, c.290, s.4.

N.J. Stat. § 23:2A-21 Establishing the New Jersey Invasive Species Council.

5. a. There is established in the department a New Jersey Invasive Species Council. The council shall consist of 19 members as follows: (1) the Commissioner of Environmental Protection or the commissioner's designee, who shall serve ex-officio; (2) the Secretary of Agriculture or the secretary's designee, who shall serve ex-officio; (3) the State Treasurer or the treasurer's designee, who shall serve ex-officio; (4) the Commissioner of Transportation or the commissioner's designee, who shall serve ex-officio; (5) the Commissioner of Health, or the commissioner's designee, who shall serve ex-officio; (6) the State Forester designated pursuant to section 17 of P.L.1983, c.324 (C.13:1L-17), who shall serve ex-officio; and (7) 13 members of the public, appointed by the Governor no later than 60 days after the effective date of this act, as follows: (a) two representatives from environmental organizations involved in protecting native plants and animals; (b) two representatives from the food agricultural sector; (c) two representatives from the landscape industry; (d) two representatives from the nursery industry; (e) two representatives of New Jersey higher education institutions with a demonstrated knowledge of plant or animal invasive species; (f) one representative from a county park system; (g) one representative involved in urban ecosystems; and (h) one member of the general public with knowledge or experience of invasive species. b. The council shall meet at such times and places as may be determined by its chairperson, who shall be designated by the Governor and who shall be jointly recommended by the Department of Environmental Protection and Department of Agriculture as having knowledge and expertise concerning invasive species issues. A majority of the council's authorized membership shall constitute a quorum for the transaction of council business, and action may be taken, at any council meeting, by the affirmative vote of a majority of the members present who are in good standing. c. The council may consult with any organization, educational institution, or governmental agency, including, but not limited to, the United States Department of the Interior, the United States Fish and Wildlife Service, the United States Environmental Protection Agency, the United States Department of Agriculture, the Port Authority of New York and New Jersey, the National Invasive Species Council, the New Jersey Highlands Water Protection and Planning Council, the New Jersey Pinelands Commission, the New Jersey Sports and Exposition Authority, the New York-New Jersey Trail Conference, the Delaware and Raritan Canal Commission, and the New Jersey Agricultural Experiment Station at Rutgers, the State University. d. Each of the 13 members appointed by the Governor shall serve for a term of three years. Upon the expiration of an appointed member's term, the member may continue in their post and shall be deemed to be a member in good standing, until a successor is appointed, pursuant to this section, and is sworn into office. A public member in good standing may be reappointed to the council following the expiration of the member's term. A public member who is not in good standing may be removed from the council, for cause, on that basis. e. Any vacancy in the membership of the council shall be filled, within six months after the date on which the vacancy occurs, in the same manner provided for the initial appointments. f. Members of the council shall not be entitled to compensation but may be reimbursed for travel and other necessary expenses incurred thereby in the performance of their duties, within the limits of funds appropriated or otherwise made available for the council's purposes. g. The council, upon the call of the chairperson, shall hold an organizational meeting as soon as practicable following the appointment of a majority of its authorized membership pursuant to this act and shall meet at the call of the chairperson or at least on a quarterly basis thereafter. h. The council shall develop its own rules of order. i. The council shall establish subcommittees as appropriate to address issues such as product review, ecosystem impacts, and the conditional use of prohibited species. j. Before issuing a formal recommendation to the departments, the council shall provide an opportunity for members of the public to provide comments on the council's draft recommendations. k. The Department of Environmental Protection and the Department of Agriculture shall provide staff support to the council, and the council shall also be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission, or agency as it may require and as may be available for its purposes. L.2025, c.290, s.5.

N.J. Stat. § 23:2A-22 Recommendations to the commissioner, secretary; other responsibilities.

6. a. The New Jersey Invasive Species Council shall make recommendations to the Commissioner of Environmental Protection and the Secretary of Agriculture regarding invasive species. When determining whether a species should be designated as invasive, the council shall first classify the species as native or non-native. For any non-native species, the council shall next determine whether the species should be listed as an invasive species because it causes, or may cause, economic or environmental harm or harm to human health or threatens, or may threaten, natural resources or the use of natural resources in the State. When making its determination, the council shall consider: (1) the likelihood of introduction of the species if it is allowed to enter or exist in the State; (2) the likelihood that the species would naturalize in the State if it were introduced; (3) the magnitude of potential adverse impacts of the species on native species and the natural resources of the State; and (4) the ability to eradicate or control the spread of the species once it is introduced in the State. b. Each time the council recommends that a species be designated as an invasive species, it shall provide the Commissioner of Environmental Protection and the Secretary of Agriculture with: (1) an identification of the genus and species, including subspecies, cultivars, hybrids, or relevant genotypes; (2) the threat level based on the current population of the species as: (a) potential; (b) emerging; or (c) established; (3) an identification of any sterile cultivars or varieties of the species that should be considered as exceptions; (4) a determination of whether the species should be designated as a prohibited invasive species pursuant to section 4 of this act; and (5) for plant species recommended for prohibited designation, identify any conditions under which the council recommends that the department grant a conditional use waiver. c. The council shall also: (1) recommend measures necessary for State departments and agencies, and for non-governmental organizations, to cooperate with federal agencies and other states in complying with Federal Executive Order No. 13112 and the National Invasive Species Management Plan; (2) identify research needs to better assess the sources, degree, distribution, and threat posed by invasive species, and methods for preventing the introduction and control of invasive species; (3) review ongoing invasive species control efforts being carried out by State departments and agencies and recommend new or revised measures to limit the introduction and effectuate the control of invasive species; (4) produce or identify educational programs and materials, for public distribution, identifying the threats posed by invasive species, outlining measures to prevent the introduction of invasive species and to control invasive species in the State, and encouraging the use of local native genotypes or alternative species, including drought-tolerant native plants, preferably propagated in New Jersey, in landscaping and planting activities; (5) develop partnerships with federal, state, and local government agencies, institutions of primary, secondary, and higher education, and non-profit and other private organizations, including horticultural organizations, as necessary to implement the policies and recommendations of the council; (6) identify and use sources of funding that are available to support the council's research, monitoring, and control recommendations, relevant youth and community outreach programs, and other council operations and activities; (7) identify legislative or regulatory actions necessary to implement or further the policies and recommendations of the council; (8) make recommendations to the departments regarding the implementation of this act; (9) review applications to the department for a conditional use waiver and make a recommendation to the department regarding authorization. Whenever the council reviews a conditional use waiver request submitted to the department, the council shall consider, at a minimum, the economic impact of the prohibition on the nursery industry, and the ecological importance of continued prohibition; and (10) examine and revise the 2009 New Jersey Strategic Management Plan for Invasive Species, prepared pursuant to Executive Order No. 97 of 2004, and submit the revised plan to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, no later than two years after the first meeting of the council held pursuant to this act, and re-examine, and revise accordingly, the plan every 10 years thereafter. L.2025, c.290, s.6.

N.J. Stat. § 23:2A-23 Rules and regulations.

7. a. No later than 12 months after the effective date of this act, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and in consultation with the Department of Agriculture, rules and regulations to implement the provisions of this act. The rules and regulations shall establish: (1) a list of invasive species and a list of prohibited invasive species, with consideration to any recommendations provided by the New Jersey Invasive Species Council; and (2) a process for granting a conditional use waiver for a prohibited invasive plant species for a specific stated purpose under strict and closely controlled conditions. The department shall prioritize the review of waivers identified by the Department of Agriculture as related to the agricultural or the horticultural industry and shall seek concurrence from the Department of Agriculture when granting agricultural conditional use waivers for prohibited invasive plant species. b. No later than 36 months after the effective date of this act, and every three years thereafter, the department shall review the latest scientific recommendations from the council and revise the list of invasive species and prohibited invasive species, as appropriate. c. The department shall create a central clearinghouse of information on its Internet website with: (1) a list of invasive species established pursuant to this act with information about how to identify the species, best practices for control or eradication, and, where possible, alternative native species for planting; (2) links to other existing categories of species management and regulation, including, but not limited to, injurious insects, noxious weeds, potentially dangerous species, and federally regulated species; (3) links to the department's native species list. The Department of Agriculture and the Department of Environmental Protection shall establish links from their Internet websites to the council's website or otherwise incorporate the same information on each agency's website. d. The department may impose fees on persons who apply for a conditional use waiver, pursuant to this act, in order to cover its administrative costs incurred in implementing the provisions of this act. All fees collected under this act shall be paid into the State Treasury and shall be appropriated to the department for use in implementing the provisions of this act. L.2025, c.290, s.7.

N.J. Stat. § 23:2A-24 Relation to contradictory ordinances, resolutions, rules, or regulations.

8. The provisions of this act and the rules and regulations adopted pursuant thereto shall supersede any contradictory ordinances, resolutions, rules, or regulations, which are, or have been, adopted at the municipal, county, or regional levels in association with the regulation of invasive species or the permitting of activities involving the introduction, sale, import, export, distribution, propagation, or purchase of a prohibited invasive species. L.2025, c.290, s.8.

N.J. Stat. § 23:2A-25 Enforcement of provisions; violations; penalties.

9. a. The Department of Agriculture and the Department of Environmental Protection shall jointly enforce the provisions of this act. For violations that involve the sale, offer for sale, propagation for sale, or importation of a prohibited invasive plant species or the seeds thereof, the Department of Agriculture shall assume primary enforcement responsibility, and the amount of any civil penalty or civil administrative penalty shall be assessed by considering each instance of the prohibited action as an additional, separate, and distinct offense. For all other violations, the Department of Environmental Protection shall assume primary enforcement responsibility, and the amount of any civil penalty or civil administrative penalty shall be assessed by considering each day during which a violation continues as an additional, separate, and distinct offense. Whenever the Secretary of Agriculture or the Commissioner of Environmental Protection finds that a person violates any provision of this act, or any rule or regulation adopted pursuant thereto, or knowingly makes a false statement, representation, or certification in any application, record, plan, or other document filed or required to be maintained pursuant to this act, the secretary or the commissioner, as applicable, may: (1) issue an order requiring the person found to be in violation to comply in accordance with subsection b. of this section; (2) bring a civil action in accordance with subsection c. of this section; (3) levy a civil administrative penalty in accordance with subsection d. of this section; or (4) bring an action for a civil penalty in accordance with subsection e. of this section. b. Whenever the secretary or the commissioner, as applicable, finds that a person has violated this act, or any rule or regulation adopted pursuant thereto, the secretary or the commissioner, as applicable, may issue an administrative enforcement order specifying the provision or provisions of this act, or the rule or regulation adopted pursuant thereto, of which the person is in violation, citing the action that constituted the violation, requiring compliance with the provision violated, and giving notice to the person of the person's right to a hearing on the matters contained in the administrative enforcement order. The ordered person shall have 20 calendar days from receipt of the order within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the secretary or the commissioner, as applicable, may issue a final order. If no hearing is requested, the order shall become final after the expiration of the 20-day period. A request for hearing shall not automatically stay the effect of the order. c. The secretary or the commissioner, as applicable, is authorized to institute a civil action in Superior Court for appropriate relief from a violation of the provisions of this act, or any rule or regulation adopted thereof, as specified in subsection a. of this section. Such relief may include, singly or in combination: (1) a temporary or permanent injunction; (2) recovery of reasonable costs of any investigation or inspection which led to the discovery of the violation, and for the reasonable costs of preparing and bringing a civil action commenced under this subsection; (3) recovery of reasonable costs incurred by the State in removing, correcting, or terminating the adverse effects resulting from any violation of the provisions of this act, or any rule or regulation adopted pursuant thereto, for which a civil action has been commenced and brought under this subsection; (4) recovery of compensatory damages caused by a violation of the provisions of this act, or any rule or regulation adopted, for which a civil action has been commenced and brought under this subsection. Assessments under this subsection shall be paid to the State Treasurer, except that compensatory damages may be paid by specific order of the court to any persons who have been aggrieved by the violation. d. The secretary or the commissioner, as applicable, is authorized to assess a civil administrative penalty of not less than $1,000 nor more than $2,000 for a violation of the provisions of this act. In assessing a civil administrative penalty, the secretary or the commissioner, as applicable, shall consider the severity of the violation, the measures taken to prevent further violations, and whether the penalty will maintain an appropriate deterrent. Prior to assessment of a civil administrative penalty, the person committing the violation shall be notified by certified mail or personal service that the penalty is being assessed. The notice shall identify the section of the statute, rule, regulation, or order violated; recite the facts alleged to constitute a violation; state the basis for the amount of the civil administrative penalties to be assessed; and affirm the rights of the alleged violator to a hearing. The ordered party shall have 20 days from receipt of the notice within which to deliver to the secretary or the commissioner, as applicable, a written request for a hearing. After the hearing and upon finding that a violation has occurred, the secretary or the commissioner, as applicable, may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 20-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The authority to levy an administrative order is in addition to all other enforcement provisions in this act, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. The secretary or the commissioner, as applicable, may compromise any civil administrative penalty assessed under this section in an amount and with conditions the secretary or the commissioner, as applicable, determines appropriate. e. A person who violates any provision of this act, or any rule or regulation adopted pursuant thereto, or an administrative order issued pursuant to subsection b. of this section, or a court order issued pursuant to subsection c. of this section, or who fails to pay a civil administrative penalty in full pursuant to subsection d. of this section, or who knowingly makes any false or misleading statement on any application, record, report, or other document required to be submitted to the Department of Agriculture or the Department of Environmental Protection, as applicable, shall be subject, upon order of a court, to a civil penalty not to exceed $2,000 per day of the violation, and each day during which the violation continues shall constitute an additional, separate, and distinct offense. Any civil penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or may be collected in a civil action commenced by the secretary or the commissioner, as applicable. In addition to any penalties, costs, or interest charges, the Superior Court, or the municipal court as the case may be, may assess against the violator the amount of economic benefit accruing to the violator from the violation. f. Pursuit of any of the remedies specified under this section shall not preclude the seeking of any other remedy specified. L.2025, c.290, s.9.

N.J. Stat. § 23:2A-26 Adoption of rules and regulations; imposition of fees.

10. a. The Department of Agriculture shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning the enforcement of the prohibitions on the sale, distribution, export, import, and propagation of invasive plant species as it pertains to their regulation of plant growers and dealers, or as otherwise necessary to effectuate the provisions of this act. b. The Department of Agriculture may impose fees to cover its enforcement and inspection costs incurred in implementing the provisions of this act. All fees collected under this act shall be paid into the State treasury and shall be appropriated to the Department of Agriculture for use in implementing the provisions of this act. L.2025, c.290, s.10.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026