FWS Proposes New Rule for Take Permits Under the Endangered Species Act

Conservationists claim the new rule combines policies in a way that fails to require permanent conservation measures and allows participants to back out of the agreement at any point.

by Alanna Madden, Courthouse News

The U.S. Fish & Wildlife Service (FWS) proposed a new rule in early February to revise regulations regarding survival and incidental take permits under the Endangered Species Act.

The announcement received mixed reactions by midafternoon, with the Interior Department stating the rule strengthened voluntary conservation opportunities, while conservationists claimed it streamlined the process for companies to harm vulnerable species.

According to FWS’s proposed enhancement of survival and incidental take permits, the overall purpose of its revisions are intended to reduce costs and time associated with negotiating and developing applications for take permits — where “take” is broadly defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect or to attempt to engage in any such conduct,” according to NOAA Fisheries.

However, the revisions themselves include clarifying the appropriate use of permits and the agency’s authority to issue permits for non-listed species without including listed species. The revisions also include simplifying requirements for permits by combining safe harbor agreements and candidate conservation agreements with assurances — or voluntary landowner agreements — into one agreement type.

“The purpose of the proposed regulatory revisions is to improve the implementation of the conservation programs under ESA section 10(a) and to increase voluntary participation,” wrote Christine Schuldheisz, public affairs specialist for FWS, in an email with CNS.

Schuldheisz further explained that the agency plans to achieve this goal by simplifying processes and concepts that are often the sources of confusion and delay.

“The proposed rule would not signifi-