Concerns endangered plant species in NJ.

A157

ASSEMBLY, No. 157

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Concerns endangered plant species in NJ.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning endangered plant species, and
amending and supplementing P.L.1989, c.56.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 3 of P.L.1989,
c.56 (C.13:1B-15.153) is amended to read as follows:

���� 3.��� As used in this act:

���� "Commissioner" means
the Commissioner of the Department of Environmental Protection;

���� "Department" means
the Department of Environmental Protection;

���� "Endangered species"

or endangered plant species
means any
[
native
plant species whose survival in the State or the nation is in jeopardy,
including, but not limited to,
]

plant species
that (1) is
designated as listed, proposed, or under
review by the federal government as endangered or threatened throughout its
range in the United States pursuant to the "Endangered Species Act of
1973," Pub.L.93-205 (16 U.S.C. s.1533), any additional species known or
believed to be rare throughout its worldwide range, and any species having five
or fewer extant populations within the State,
and (2) is not an invasive
species
;

����
�Invasive species� means
any
plant which has a high potential to
become
noxious or
which is likely to spread to a degree that will
likely cause damage to the environment, human economy, or human health;

���� "Plant" means any
member of the Plant Kingdom, including all roots, stems, leaves, flowers,
fruits, seeds, spores, gametophytes and other parts thereof;
and

���� "Species" means any
species, subspecies, or variety of plant.

(cf: P.L.1989, c.56, s.3)

���� 2.��� Section 4 of P.L.1989,
c.56 (C.13:1B-15.154) is amended to read as follows:

���� 4.���
a.
�� Within one
year of the effective date of
[
this
act
]

P.L.1989,
c.56 (C.13:1B-15.151 et seq.)
, the Division of Parks and Forestry in the
Department of Environmental Protection shall, on the basis of research and
investigations and other available scientific data on plant species, and with
the benefit of public comment, develop and adopt, pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
a list of plant species occurring in the State which are endangered, either by
the destruction, drastic modification, or severe curtailment of their habitat;
their over-collection for aesthetic, commercial, educational, recreational, or
scientific purposes; the effect on them of disease, pollution, or predation; or
any other factor or combination of factors, natural or man-made.

����
b.��� The department shall
remove any plant from the endangered plant species list if (1) the plant is an
invasive species and (2) is not on the federal endangered plant species list
pursuant to the "Endangered Species Act of 1973," Pub.L.93-205 (16 U.S.C.
s.1531 et seq.).

(cf: P.L. 1989, c.56, s.4)

���� 3.��� (New Section)��� The
department shall have the authority to control or eliminate an invasive plant
species regardless of the existence, or possible existence, of endangered plant
species in the area being controlled, except as may be prohibited by federal
law, rule, or regulation.

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill would amend the
definition of the term �endangered species� as used in the State�s �Endangered
Plant Species List Act� to mean any plant species that (1) is designated as
listed, proposed, or under review by the federal government as endangered or
threatened throughout its range in the United States pursuant to the federal
"Endangered Species Act of 1973," any additional species known or
believed to be rare throughout its worldwide range, and any species having five
or fewer extant populations within the State, and (2) is not an invasive
species.

���� The bill would define the term
�invasive species� to mean any
plant which has a high potential
to
become noxious or
which is likely to spread to a degree
that will likely cause damage to the environment, human economy, or human
health.

���� Some non-native plant species
exhibit an aggressive growth habit and can out-compete and displace native
plant species.� Invasive species also can degrade, change, or displace native
habitats.�

���� This bill would also allow the
Department of Environmental Protection to remove any plant from the endangered
plant species list, if the plant is an invasive species, unless the plant is
included on the federal endangered plant species list pursuant to the
"Endangered Species Act of 1973."� Furthermore, the bill would
authorize the department to control or eliminate an invasive plant species
regardless of the existence, or possible existence, of endangered plant species
in the area being controlled, except as may be prohibited by federal law, rule,
or regulation.