State Charges Itself With Damaging Habitat

It's not clear whether New Jersey department can penalize its Fish and Wildlife Division
By Newser Editors and Wire Services
Posted Apr 15, 2023 12:00 PM CDT
State Threatens Itself Over Damage to Habitat
A barred owl is shown in the Oregon woods in 2017.   (AP Photo/Don Ryan, File)

New Jersey's Department of Environmental Protection has charged itself with damaging habitat for threatened and endangered birds that it was supposed to protect. The work was designed to create habitat for one species of bird but actually wound up destroying habitat for two others. The department acknowledged it sent a violation notice and threatened penalties against its own Division of Fish and Wildlife regarding unauthorized work in February and March at the Glassboro Wildlife Management Area in Clayton, Gloucester County. It was unclear how any penalties might work when the DEP is both the accuser and the accused. It also was not immediately clear whether any money might change hands, the AP reports.

The work involved the clearing of vegetation and disturbance of soils on nearly 3 acres of what the state calls "exceptional resource value freshwater wetlands." Before the work was done, this land was considered suitable habitat for the barred owl, which is listed as a threatened species, and the red-shouldered hawk, an endangered species. The project also cleared and disturbed an additional 12 acres of land near wetlands known as transition areas, which also are protected. The DEP declined Friday to discuss how the work happened without authorization. On its website, the department wrote on Feb. 1 that the work sought to create 21 acres of habitat for the American woodcock, a member of the sandpiper family that uses its long, narrow beak to forage for earthworms in damp soil. The project was designed to create "meadow habitat."

But in doing so, the state destroyed mature oak and pine forests in and near wetlands and filled in some wetlands, four conservation groups said in a letter to the department. The agency issued the violation notice on April 6, per the AP. "The wetland soil and flora that were previously undisturbed have been destroyed, and the mature forest that was already habitat for numerous rare species of plants and birds was clear-cut logged," the groups wrote. "All trees have been cut, and all stumps bulldozed." Tom Gilbert of the New Jersey Conservation Foundation said: “This never should have happened. They must also take steps to improve their clearly inadequate internal review process and meaningfully engage the public." By the end of April, the DEP intends to issue a notice of penalty assessment.

(More New Jersey stories.)

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