Feds hope ESA rules will entice more ‘conservation agreements’

By Michael Doyle | 04/11/2024 01:08 PM EDT

The changes are meant to “encourage more landowners to engage in conservation for declining, candidate and listed species,” Fish and Wildlife Service Director Martha Williams said.

Martha Williams sitting in a hearing room.

Fish and Wildlife Service Director Martha Williams last year as she prepared to testify on Capitol Hill. Francis Chung/POLITICO

The Fish and Wildlife Service rolled out rules Thursday intended to boost enrollment in voluntary species conservation plans, making permitting changes that divided environmentalists.

The rule package was described by the federal agency as “clarifying and simplifying” a permit system that’s meant to protect species in the big picture while tolerating some harm that might befall protected plants and animals.

“Improvements to the rule will encourage more landowners to engage in conservation for declining, candidate and listed species,” Fish and Wildlife Service Director Martha Williams said in a statement. “We are investing in the future, creating a legacy of resilient habitats to withstand environmental challenges and changes.”

Advertisement

The rule package addresses the operation of Section 10(a) of the Endangered Species Act. The federal law generally prohibits the “take” of threatened or endangered species, which means everything from killing to disturbing. Under Section 10(a), though, the Fish and Wildlife Service can issue “enhancement of survival” permits for actions that benefit the species as well as “incidental take” permits to authorize harm to a species that happens as a result of otherwise lawful activities.

GET FULL ACCESS