What Happened
Section 10 of the Endangered Species Act (ESA) allows the U.S. Fish and Wildlife Service and National Marine Fisheries Services (Services) to issue permits to authorize take for scientific purposes or enhancement of survival (10(a)(1)(A)), or for take that is incidental but not the purpose of an otherwise lawful activity (10(a)(1)(B)). The issuance of these permits requires conservation plans, and the Services have issued a Final Rule that changes some of the process and requirements for these permits. The Final Rule also codified previous policy guidance, making these policies binding and part of permit issuance criteria.
Why It Matters
- Safe Harbors Agreements (SHA), Candidate Conservation Agreements (CAA), and Candidate Conservation Agreements with Assurances (CCAA) are now collectively referred to as “conservation benefit agreements (CBA).” The aim is to simplify the process and requirements and encourage voluntary conservation programs.
- Codified portions of CCAA Policy that define the standard and level of net-benefit conservation in a CBA are now necessary to meet permit issuance criteria.
- Permit applications must be reviewed by the Services for completeness and adherence to issuance criteria prior to the Services initiating the processing of permit applications.
- Codified portions of the Five-Point Policy and 2016 Habitat Conservation Planning Handbook clari…
