OCEAN CITY, NJ — A proposed rule for protection of endangered species at the Jersey Shore was met with opposition by Ocean City officials. But the Department of Environmental Protection says that it would primarily formalize existing protections like those in Ocean City.
The Shore Protection Rule was first proposed by the DEP back in the fall. Ocean City Council recently formally opposed the rule, with Business Administrator George Savastano calling it “government overreach.” Read more: ‘Government Overreach’: Ocean City Opposes Endangered Species Rule
Larry Hajna, press director of the DEP, told Patch that the rule, which has not been formally proposed through publication in the New Jersey Register, would clarify existing protections for endangered species.
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“For towns already operating under beach management plans and/or those with Coastal Area Facilities Review Act (CAFRA) permits on the Atlantic coast, much of what is being considered for inclusion under the rule is already being implemented (for example, string-and-post fencing to protect endangered bird nests on upper beaches),” Hajna said. “However, not every area along the New Jersey coast has a beach management plan (which are tied to beach fill work) and the rule being developed would help formalize protections for endangered species at all coastal sites.”
One notable difference in the proposed rule involves a potential seasonal restriction for migrating shorebirds (such as red knots) and beach-nesting birds that forage in the intertidal zone, Hajna said. These intertidal areas are currently not as well-protected as the upper beach zone under current regulations, he said.
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In determining whether any restriction is required at any site, the DEP’s Endangered and Nongame Species Program would first identify whether three conditions are present:
And if this is necessary, Hajna said, staff “will work to ensure minimal impacts on recreational uses of coastal resources while carefully monitoring and implementing appropriate measures to protect wildlife species.”
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Advance notice would be given in all instances, Hajna said. In the event that emergency restrictions are needed, interested parties would be notified “as soon as possible,” he said. And landowners would also be apply to apply for a stay and appeal a restriction. These would mimic existing DEP regulations.
The rule is still being developed by the DEP. When it has been published in the New Jersey Register, it will trigger a public comment period, which the DEP will consider in the finalization of the rule. Members of the public can be notified when the public comment period is opened by monitoring the New Jersey Fish & Wildlife website or asking to be added to an email distribution list (by sending an email to [email protected]).
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