NJ DEPARTMENT OF ENVIRONMENTAL PROTECTION
FISH AND WILDLIFE
Access Restriction to Tidal Waters for Endangered Species Protection

Notice of Rule Proposal
Division of Fish and Wildlife Rules, N.J.A.C. 7:25-4A

Public Notice

Take notice that the NJ Department of Environmental Protection is proposing a new rule at N.J.A.C. 7:25-4A.  A statement of the substance of the proposal follows:  The proposal contains the procedure for the Department to establish restrictions to public access of tidal waters and adjacent shorelines to protect wildlife species that appear on the NJ Endangered Species List at N.J.A.C. 7:25-4.13. It defines the criteria and terms the Department uses to identify critical habitat areas that endangered species rely upon for breeding, resting, and/or foraging in tidal water, adjacent shoreline, or both tidal water and adjacent shoreline. It sets out the procedure the Department will follow of providing public notice prior to the onset of access restrictions, the installation of signage and other methods of identifying restricted habitat areas, and the civil penalties for violations.

The proposal is scheduled to be published in the New Jersey Register on December 16, 2024.  A copy of the proposal is available from:  DEP website at https://njdepwptest.net/wp-content/uploads/rules/proposals/proposal-20241216a.pdf; by request from DEP Fish and Wildlife email nongame@njdepwptest.net; and LexisNexis (free public access to the New Jersey Register, www.lexisnexis.com/njoal).

Written comments may be submitted electronically by February 13, 2025, at https://njdepwptest.net/rules/rule-comment-form/; or in hard copy by sending to: