“This action is indeed a significant milestone in the history of endangered species conservation and recovery in New Jersey and is the result of the passion and commitment of many people over the past 40-plus years to restore wildlife that were on the brink of extirpation in New Jersey,” said Commissioner LaTourette. “Even with this tremendous success, we will remain vigilant in our monitoring and protection of these species to ensure they continue to thrive in New Jersey.”

The DEP has worked closely with the Conserve Wildlife Foundation of New Jersey for many years through the state’s Bald Eagle Project to protect bald eagles and their habitat, including coordinating a network of nest observers who monitor identified nest sites for eagle activity and reproduction. The volunteers also play a big role in educating the public about the need to protect nests from disturbances.

“The removal of the bald eagle and osprey from New Jersey’s endangered species list is a remarkable accomplishment, made possible by the tireless efforts of our dedicated wildlife professionals,” said NJDEP Fish & Wildlife Assistant Commissioner Dave Golden. “The key to this success is a commitment to science, planning, and strong lines of communication with the public and stakeholders. However, there is still work to be done, and we remain committed to the professional management and conservation of all of our wildlife species here in the Garden State.”

“We do have more work to do and continue to face challenges, as evidenced by the addition of 30 species to the state’s endangered species list,” Clark added. “But with so many dedicated people and strong legislation in place, I am confident we will continue to protect our remarkable diversity of wildlife.”

Protections in Place to Ensure Species Thrive

The New Jersey Endangered and Nongame Species Conservation Act (ENSCA) protects all wildlife included on the New Jersey Endangered Species List and the New Jersey List of Regulated Nongame Species from take, which includes activities that could result in harm. This protection applies to all native wildlife, whether a species is listed as endangered or nongame.

Bald eagle nests and roosting areas are also provided special protection by the U.S. Fish and Wildlife Service (USFWS) under the Bald and Golden Eagle Protection Act. This law protects eagle nests and roosting areas according to guidelines established by the USFWS, and a federal permit is required for some activities that have the potential to disturb nesting activities.

Similarly, native bird nests are protected by both ENSCA and the Federal Migratory Bird Treaty Act, regardless of their conservation status in New Jersey. Bird nests may not be disturbed or destroyed during the nesting season.

In addition, NJDEP Fish & Wildlife is committed to continuing to monitor populations of bald eagles across the state to be able to quickly detect and respond to any threats, such as Highly Pathogenic Avian Influenza (HPAI). To date, New Jersey has not seen a population-level effect from HPAI in eagles, but continued collection of data on nests and nest reproduction success is necessary should further action be required.

The Road to Recovery

In the 1970s and into the early 1980s, New Jersey had just one remaining bald eagle nest, a pair in a remote part of Cumberland County. The state’s population had been devastated by widespread use of DDT and other threats, including habitat degradation and human disturbances.

Once used widely to control mosquitoes, DDT is a synthetic insecticide that had lasting impacts on the food chain, accumulating in fish that eagles eat and causing eagles to lay thin-shelled eggs that could not withstand incubation. The federal government banned DDT in 1972, marking a pivotal step in the ultimate comeback of the species.

Recovery efforts in New Jersey began in the early 1980s, with reintroduction of eagles from Canada and artificial incubation and fostering efforts that started to pay discernible dividends throughout the 1990s. Active nests surpassed 100 for the first time in decades by hitting 119 in 2012. Ten years later, the total had more than doubled to 250.

The federal government removed the bald eagle from its list of endangered species in 2007, reflecting strong gains in the population throughout the nation. The current bald eagle protection status in New Jersey, however, remained state-endangered during the breeding season and state-threatened for the non-breeding season, reflecting caution about nest disturbance and habitat threats.

Today, bald eagles can be found in virtually every area of the state, with their highest numbers found along Delaware Bay, rich in protected marshlands and coastal creeks that provide ideal habitats. In 2024, New Jersey boasted a record 293 nesting pairs of bald eagles, of which 264 laid eggs.

Ospreys, also known as fish hawks, are typically found along the coast, where they hunt fish from marshes, creeks and bays. Also affected greatly by DDT use, the number of osprey nests left in the state dwindled to about 50 by the early 1970s. In the early 1970s, state biologists began an innovative recovery effort to place young and eggs from nests where DDT was not used as heavily into nests that failed to produce young.

In addition, they coordinated efforts to supply nest platforms for the birds, substitutes for snags and trees that were lost as the coastline became more developed in the 1950s. In 2023, biologists for NJDEP Fish & Wildlife and Conserve Wildlife Foundation of New Jersey documented a record 800 occupied osprey nests.

More Details on the Rule Adoption

Noteworthy changes in the rule adoption include:

• The consolidation of “endangered” and “threatened” conservation statuses in the New Jersey Endangered Species List. Previously, “threatened” was a separate status found on the list of regulated nongame species.
• Increased conservation concern for 30 species that are added to the Endangered Species List as endangered or threatened including one bee, 11 butterflies, four fish, three reptiles, five birds (breeding population), two birds (non-breeding population), and four mammals, in addition to 18 species added to the special concern category, including one fairy shrimp, nine butterflies, six fish, one reptile, and one bird (non-breeding population).
• A new subsection that allows the DEP, by notice of administrative change, to add a species to the New Jersey Endangered Species List when it is added to the Federal Endangered Species List, minimizing the time that the New Jersey list could be inconsistent with the federal list.
• More than 100 species name changes to align both common and scientific names with current taxonomic nomenclature as of the time of rule preparation in early 2024.
• Removal of 10 species from the nongame list because they do not occur regularly in the state and therefore are not considered indigenous species, including one amphibian, one bird (non-breeding), and eight marine mammals.

More Information

Click here for more information from NJDEP Fish & Wildlife on bald eagles and ospreys in New Jersey, including annual population trend reports, biology and history. For a video about the DEP’s bald eagle project, a collaborative effort to monitor and protect eagles and their habitats, visit https://www.youtube.com/watch?v=oGD__79KUPQ

In conjunction with the rule adoption, the DEP has also released the newest version of its Landscape Project. This wildlife habitat-based mapping tool assists government agencies, planners, conservation groups, the public and others in making decisions that consider the location of critical habitats. The new Landscape Project version uses updated land use-land cover data along with the updated species’ statuses. The land use-land cover is the habitat base map layer of the mapping tool and is updated regularly by DEP.

Version 3.4 of the Landscape Project may be found here: https://dep.nj.gov/njfw/conservation/new-jerseys-landscape-project/

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