USFWS proposes revision to ESA permits
The U.S. Fish and Wildlife Service (USFWS) propose to revise regulations regarding the issuance of enhancement of survival and incidental take permits under the Endangered Species Act (ESA) of 1973. The announcement came as the ESA turned 50 years old in 2023. The ESA is credited with saving 99 percent of listed species from extinction. With this regulatory action, USFWS want to:
- Clarify the use of these permits;
- Clarify authority to issue these permits for non-listed species without also including a listed species;
- Simplify the requirements for enhancement of survival permits by combining safe harbor agreements and candidate conservation agreements with assurances into one agreement type; and
- Include parts of their five-point policies for safe harbor agreements, candidate conservation agreements with assurances, and habitat conservation plans in the regulations to decrease confusion.
Furthermore, this proposed rule wants to add definitions to 50 CFR 17.3 for the terms applicant, baseline, covered activity, covered species, net conservation benefit, and permit area among others.
Comments on this proposed rule will be accepted until April 10, 2023. This proposed rule would not relate to taking of private property interests. It would also not directly affect private property. These revisions do not significantly change the current implementation of the Section 10 program. They also do not expand the reach of species protections. Those affected by this proposed change include individuals, the private sector, and state, local, and tribal governments. The total estimated number of annual affected individuals is around 5,380.
USFWS envision that the changes should cut costs and time linked to negotiating and creating the mandatory documents to support the applications. They hope the modifications will encourage more people and companies to engage in the voluntary programs which in turn would generate greater conservation results.
Key to remember: USFWS proposes revisions to the issuance of enhancement of survival and incidental take permits.