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Proposed Changes to Endangered Species Act Permits and Conservation Plans
Senior Natural Resources Technical Director • Austin
Amanda Glen
Amanda Glen is SWCA’s natural resources technical director for biological services and provides strategic guidance on permitting and compliance for matters involving protected wildlife, plants, and habitats. Currently managing a national practice, she has more than 25 years of consulting experience with an emphasis on the Endangered Species Act (ESA) and how compliance with the ESA influences other regulatory programs. Her wealth of experience pertaining to endangered species issues includes research, permitting, consultations, status reviews, and conservation planning. Her experience includes negotiating compliance solutions for critically imperiled species facing potential determinations of jeopardy or adverse modification of designated critical habitats. She has led efforts to delist species no longer requiring the protections of the ESA when supported by sound science, and has been involved in voluntary conservation planning to help preclude the need to list species. Amanda frequently presents at regional and national conferences on matters related to the ESA, including new listings, regulatory and policy changes, and trends in compliance strategies.
Principal Ecologist
Stephanie Graham
Stephanie is a Senior Ecologist at SWCA, specializing in wildfire collaboratives and providing technical support to communities pre-, during, and post-wildfires across the western U.S.
Written By
Amanda Glen
Senior Natural Resources Technical Director
Stephanie Graham
Principal Ecologist
Posted
February 10, 2023
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The U.S. Fish and Wildlife Service (USFWS) is proposing to change rules associated with habitat conservation plans (HCPs), candidate conservation agreements with assurances (CCAAs), and safe harbor agreements (SHAs) under Section 10 of the Endangered Species Act (ESA). USFWS wants to increase the use of these voluntary conservation and compliance tools by simplifying and clarifying the process and documentation.
What You Should Know:
- The proposed rule changes will affect future incidental take permits and enhancement of survival permits, not existing permits.
- USFWS plans to clarify the application of CCAAs and SHAs and combine these tools into one planning document, known as a “conservation benefit agreement.”
- USFWS plans to provide additional flexibility for HCPs to issue permits covering non-listed species.
- USFWS will revise requirements for complete permit applications by codifying parts of current policy guidance on biological goals and objectives, monitoring, and adaptive management.
- USFWS plans to clarify that these permits authorize take of species but does not authorize the specific action that causes take.
- USFWS plans to clarify that it can add terms and conditions to permits that may include additional conservation measures, monitoring and reporting requirements, and permit duration limits.
These new regulations could encourage additional public involvement in conservation of listed and non-listed species once a permit application is deemed complete. These changes may impact components such as baseline condition, duration of the permit, conservation measures, and decision to issue a permit by USFWS.
Share Your Thoughts
USFWS seeks input from the public by April 10, 2023. Submit your comments electronically through the Federal eRulemaking Portal at https://www.regulations.gov/document/FWS-HQ-ES-2021-0152-0001.
SWCA Can Help
Whether you are currently operating under an SHA, CCAA, or HCP, or are contemplating one to achieve compliance with the ESA, we are here to help you navigate the process. Contact SWCA’s ESA experts to help you understand how the new proposed regulations might affect you or your business. Our team of experts can help you navigate the new proposed rule and assist you with crafting comments so that your voice will be heard.
