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USFWS Releases New Agenda for Wildlife Program Regulatory Changes
Since joining SWCA in 2015, Nicole’s expertise in ecology, evolution, and conservation biology has led to significant contributions across nearly all service lines and ten states, cementing numerous trusted partnerships.
Nicole’s influence extends to her technical and peer-reviewed publications, with contributions to more than twenty-three scientific meetings. Notable publications include Distance Sampling Underestimates Population Densities of Dune-Dwelling Lizards in the Society for the Study of Amphibians and Reptiles Journal of Herpetology, and a study on Population Variation in Dune-Dwelling Lizards in Response to Patch Size, Patch Quality, and Oil and Gas Development published by the Southwestern Association of Naturalists, addressing impacts of patch size, quality, and oil and gas development.
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.
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.
Kely Wabnitz is a biologist and principal project management team lead specializing in complex permitting issues, is an Endangered Species Act (ESA) regulatory practitioner, and has worked throughout the country, specifically the Midwest and Great Plains, for more than two decades. Kely has outstanding experience in ESA compliance and National Environmental Policy Act (NEPA) review documentation, a thorough knowledge of the biology and conservation of listed species in the Midwest, and extensive experience assisting clients with regulatory issues throughout the country. She routinely manages challenging compliance and permitting issues related to large-scale, regional, and multistate development projects. Kely has robust experience navigating related discussions, coordination, and consultations with the U.S. Fish and Wildlife Service (USFWS), specifically in Regions 2, 3, 5, and 6, and with state public siting commissions and natural resources agencies. She has worked with clients throughout the United States and has supported the successful acquisition of state and local siting permits through development of statutorily complete applications, preparation of written testimony requiring subject matter expertise, and support during public hearings.
The U.S. Fish and Wildlife Service (USFWS) released an updated agenda for making regulatory changes to its wildlife programs under the Endangered Species Act, Migratory Bird Treaty Act, and Bald and Golden Eagle Protection Act. The updated agenda identifies anticipated actions in 2023, such as proposed or final rules, that would change permitting and compliance processes for our big three wildlife laws.
Enhancement and Survival and Incidental Take Permits (ITPs): Revisions to regulations that implement Section 10 of the ESA and authorize take for non-federal actions
Incidental Take of Migratory Birds: Clarifying that incidental take of migratory birds that results from but is not the purpose of an activity is prohibited under the Migratory Bird Treaty Act and introducing a new permit program to authorize incidental take of migratory birds
Interagency Cooperation (Section 7 of the Endangered Species Act [ESA]): Revise portions of the regulations published in August 2019, that implement Section 7 of the ESA
Regulations for Federally Listing and Delisting Species and Designating Critical Habitat: Procedures, criteria, and language clarification on listing/delisting and designation of critical habitat
Regulations for Prohibitions to Threatened Wildlife and Plants (Section 4(d) of the ESA): Extending protective regulations including take prohibitions for species classified as “threatened”
Compensatory Mitigation Mechanisms: New policy on mitigation defining objectives, standards, and criteria for species conservation banks and other forms of mitigation
Incidental Take Permits for Eagles and Eagle Nests: New general permits with streamlined processing; new allowed reason for bald eagle nest take; revised definitions for “eagle nest” and “in-use nest,” new explicit definition for “incidental take”
Reach out to your project manager or to one of SWCA’s regulatory specialists for more information, insights, and strategies to keep your projects on track.