Safe Harbor Agreement
Hine's Emerald Dragonfly with DuPage County (Illinois) Forest Preserve District
Draft Safe Harbor Agreement for Voluntary Protection, Restoration, and Enhancement of Hine's Emerald Dragonfly Habitat within Waterfall Glen Forest Preserve, Dupage County, Illinois
Below is the introduction to the the Safe Harbor Agreement. Go here to view the complete 20-page (PDF File) Draft Safe Harbor Agreement with the Forest Preserve District of DuPage County for the Hine's Emerald Dragonfly.
I. INTRODUCTION This Safe Harbor Agreement (SHA) is made and entered into by the Forest Preserve District of DuPage County (District) and the U.S. Department of the Interior, U.S. Fish and Wildlife Service (Service); hereinafter collectively called the “Parties.” It was prepared by the Parties to help facilitate conservation and recovery of the Hine’s emerald dragonfly (Somatochlora hineana).
The Hine’s emerald dragonfly (HED) was listed as endangered by the U.S. Fish and Wildlife Service in January 1995. A Recovery Plan for the species was published in September 2001.
Under Safe Harbor Agreements, participating property owners voluntarily undertake management activities on their property to enhance, restore, or maintain habitat benefiting species listed under the Endangered Species Act of 1973, as amended (ESA). Safe Harbor Agreements encourage private and other non-Federal property owners to implement conservation efforts for listed species by assuring property owners they will not be subjected to increased property use restrictions if their efforts attract listed species to their property or increase the numbers or distribution of listed species already on their property. Application requirements and issuance criteria for ESA Section 10(a)(1)(A) enhancement of survival permits based on Safe Harbor Agreements are found in 50 CFR 17.22(c).
Authority
This SHA is entered into pursuant to the Service’s final Safe Harbor Policy (64 Federal
Register 32717) and final regulations (64 Federal Register 32706), and implements the
intent of the Parties to follow the procedural and substantive requirements of section
10(a)(1)(A) of the ESA.
Sections 2, 7, and 10 of the ESA, as amended, allows the Service to enter into this SHA. Section 2 of ESA states that encouraging interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs is a key to safeguarding the Nation’s heritage in fish, wildlife, and plants. Section 7 of ESA requires the Service to review programs that it administers and to utilize such programs in furtherance of the purposes of ESA. By entering into this SHA, the Service is utilizing its Endangered Species and related programs to further the conservation of the Nation’s fish and wildlife resources. Section 10(a)(1) of ESA authorizes the Service to issue enhancement of survival permits for listed species.
Purpose
The purpose of this SHA is to facilitate management actions that results in an increased
population of HED on land and water within Waterfall Glen Forest Preserve in DuPage
County, Illinois. Specifically, this refers to management actions proposed for the fish
farm parcel and adjoining land within said preserve that is owned and managed by the
District, a local public agency (See Figure 1 and see Section IV Description of Enrolled
Lands).
The SHA serves as the basis for the Service to issue an Enhancement of Survival Permit (ESP) under ESA section 10(a)(1)(A) for the “take” of listed species associated with the future return of the property owners enrolled land to baseline conditions. The SHA implements the Service’s Safe Harbor Agreement final policy (FR 64:32717) and final regulations (FR 64:32706) as revised (FR 69:24084), in accordance with the procedural and substantive requirements of section 10(a)(1)(A) of the ESA.
Definitions
Unless otherwise provided in this SHA, terms used herein shall have the meaning given
them under the relevant regulations promulgated by the Service as in effect on the
effective date of this SHA.
II.
COVERED SPECIES
Hine’s emerald dragonfly (Somatochlora hineana)
III. BACKGROUND
About Safe Harbor
Much of our Nation's current and potential habitat for listed, proposed, and candidate
species exists on non-Federal lands, owned by private citizens, States, municipalities,
Native American Tribal governments, and other non-Federal entities. Conservation
efforts on non-Federal lands are critical to the long-term conservation of many declining
species. More importantly, a collaborative stewardship approach is critical for the
success of such an initiative. Many property owners are willing to voluntarily manage
their lands to benefit fish, wildlife, and plants, especially those that are declining. Such
voluntary management actions are not required by the Endangered Species Act (Act).
Thus, failure to conduct such management would not violate any of Acts provisions.
Beneficial management could include actions to maintain habitat or improve habitat
(e.g., restoring fire by prescribed burning, restoring properly functioning hydrological
conditions). Property owners are particularly concerned about possible future
uncertainty relative to land-use restrictions that may result if listed species colonize their
lands or increase in numbers or distribution because of the property owners'
conservation efforts or if species subsequently become listed as a threatened or
endangered species. Concern centers primarily on the applicability of the Section 9
“take” prohibitions if listed species occupy their lands and on future land-use restrictions
that may result from their conservation-oriented land management actions if other
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species are listed. The potential for future restrictions has led property owners to avoid
or limit land or water management practices that could enhance or maintain habitat and
benefit or attract fish and wildlife that are listed or may be listed in the future.
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