As part of its continuing efforts to promote the conservation of imperiled species on private lands, the U.S. Fish and Wildlife Service proposed two separate rules that would revise regulations governing conservation agreements for Federally designated threatened and endangered species.
The Administration is continually looking for ways to make the Endangered Species Act work better. We believe these proposed changes will result in increased numbers of landowners working with us to develop Safe Harbor Agreements and Candidate Conservation Agreements with Assurances. Both of these programs provide immense conservation benefits while helping citizens coexist with imperiled species," said Service Director Steve Williams. Michael Bean of Environmental Defense, who has helped develop several safe harbor agreements, said that "these revisions should make it clearer and easier for landowners to participate in these novel conservation agreements."
Both Safe Harbor Agreements and Candidate Conservation Agreements with Assurances (CCAAs) are intended to remove potential disincentives for landowners to manage their property for the benefit of listed and candidate species. Some landowners have made it clear that they need a better understanding of the obligations and benefits provided by Safe Harbor Agreements and CCAAs before they will participate in agreements.
he first proposed rule will restate eligibility for Candidate Conservation Agreements with Assurances (CCAAs) and Safe Harbor Agreements. It will and provide definitions for conservation and mitigationconsistent with related policies and the intent of the agreements. The proposal more explicitly provides landowners with greater certainty that such agreements will be altered only if continuing an authorized activity may jeopardize the existence of the protected species. Other options, such as the capture and relocation of the species, compensation for foregoing the activity, or purchase of the property or an easement would be given a priority when feasible, with permit revocation reserved as the option of last resort.
A second proposed rule would revise the permit associated with Safe Harbor Agreements and CCAAs to more clearly state the Services ability to authorize "take" (capturing, killing or otherwise disturbing or harming a species or its habitat) in conjunction with activities such as reintroduction and habitat restoration when the benefits of habitat protection or restoration provided by the associated agreements outweigh any impacts caused by anticipated take of protected species.
By ensuring that traditional agricultural uses can continue alongside habitat improvements, this provision can make it easier for landowners to enter into SHAs and CCAAs that will provide overall benefits to the species.
