This guide outlines the elements needed to participate in safe harbor agreements for private landowners. A Safe Harbor Agreement (SHA) is a voluntary agreement involving private or other non-federal property owners whose actions contribute to the recovery of species listed as endangered or threatened under the Endangered Species Act (ESA). The agreement is between cooperating non-federal property owners and the U.S. Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration, which is responsible for most listed marine and anadromous fish species.

In exchange for actions that contribute to the recovery of listed species on nonfederal lands, participating property owners receive formal assurances from the FWS that if they fulfill the conditions of the SHA, the FWS will not require any additional or different management activities by the participants without their consent. In addition, at the end of the agreement period, participants may return the enrolled property to the baseline conditions that existed at the beginning of the SHA.

How does a property owner benefit?

By entering into an SHA, property owners receive assurances that they will not have to change their management activities agreed to in the SHA, even if the voluntary actions increase the number of individuals already present on their property or attract the species onto their property. The assurances are provided by the FWS through an Enhancement of Survival Permit issued to the property owner; this permit authorizes incidental take of species that may result from actions undertaken by the property owner under the SHA, which could include returning the property to the baseline conditions of the agreement. The permit also specifies that the FWS will not require any additional or different conservation measures management activities by participants without their consent. This kind of permit is issued under the authority of section 10(a)(1)(A) of the ESA. An SHA may be initiated by a property owner, or the FWS – in concert with state agencies or other federal agencies – may approach a property owner with a proposal to voluntarily enter into an agreement. Although many SHAs and permits will involve only a single property owner, the FWS strongly encourages the development of “programmatic” SHAs and permits with state, local, or tribal governments that, over time, will include multiple property owners. The FWS works with interested property owners in applying for an Enhancement of Survival Permit and an SHA. The FWS also assists property owners in identifying actions that they can voluntarily undertake or forgo to benefit listed species covered by the SHA and permit.

Understanding the SHA Process

Generally, the steps are:

1. Contact the nearest FWS Ecological Services field office.
2. The property owner(s), with the aid of the FWS, gathers general information. This includes, but is not limited to, a map of the property, proposed management actions, information on the listed species on the property, and other pertinent information. (In the case of a programmatic SHA, a map shows the specific area within which individual property owners can enroll. These participating owners then provide applicable information for their property.)
3. The FWS (or approved cooperators) will describe the baseline conditions for the property to be enrolled in the SHA in terms appropriate for the covered species. Baseline conditions can refer to population estimates and distribution, or to the habitat characteristics that sustain seasonal or permanent use by the species. Using the baseline determination, the property owner and FWS discuss land use objectives, assess habitat quality, and identify other information needed to develop an agreement that meets the SHA net conservation benefit standard.
4. Based on the information provided by the property owner, information gathered during site visits, and FWS technical assistance, the property owner (and any other pertinent entity, such as a state fish and game agency) develops a draft SHA.
5. The property owner applies to the FWS for an Enhancement of Survival Permit, with the draft| SHA attached
6. Once the FWS complies with applicable ESA provisions (internal review and public comment period on the permit application) and ensures that the permit criteria have been satisfied, the property owner is issued an Enhancement of Survival Permit and the SHA is finalized. In the unexpected event that continuation of permitted activities will appreciably reduce the likelihood of survival and recovery of any listed species, the FWS may, as a last resort, revoke the permit. Prior to revocation, however, the FWS will, with the consent of the permittee, pursue all appropriate options to avoid revoking the permit.

How long does it take to develop an SHA?

Many agreements can be developed within six to nine months, although more complex agreements may take longer. A variety of factors influence the timeline, such as the number and characteristics of the species involved, the size of the area involved, management or other activities to be conducted, the number of parties to the agreement, and other relevant factors.