Safe Harbor Agreements with USFWS: What You Need to Know
If you`re a landowner, developer, or manager, and you want to undertake activities that could impact endangered or threatened species, safe harbor agreements with the US Fish and Wildlife Service (USFWS) could be your solution. These agreements allow you to proceed with your activities without fear of violation of the Endangered Species Act (ESA) or fear of harming protected species. How do they work? Let`s find out.
What is a Safe Harbor Agreement?
A Safe Harbor Agreement (SHA) is an agreement between a landowner or manager and the USFWS. The agreement outlines activities that the landowner or manager intends to undertake that may impact threatened or endangered species. The USFWS, in turn, agrees to not pursue any additional conservation measures or enforce any additional restrictions on the landowner or manager.
The agreement often includes provisions for enhancing habitat and improving ecological value for the protected species. In other words, the landowner or manager agrees to create new habitat or enhance existing habitat for the protected species, and the USFWS agrees to not penalize or hold them liable for any harms resulting from these activities.
Why Enter into a Safe Harbor Agreement?
If you are a landowner or manager, entering into a SHA can have several benefits, including:
1. Legal Protection: A SHA provides legal protection for landowners and developers who engage in activities that may affect threatened or endangered species.
2. Flexibility: The agreement is flexible and allows landowners to engage in activities that they would not have otherwise been able to without fear of violating the ESA.
3. Conservation Measures: SHA`s provide incentives for conservation measures that benefit wildlife and the environment.
4. Certainty: Entering into a SHA provides certainty and clarity on what activities are allowed and what conservation measures are expected.
How to Enter into a Safe Harbor Agreement?
To enter into a SHA, the landowner or manager must contact the USFWS and express interest. The USFWS will then work with the landowner to identify the species that may be impacted by the activities, and develop a conservation plan to minimize the impact on the species.
The SHA will outline the activities that are allowed, the conservation measures that must be taken, and the duration of the agreement. The agreement is voluntary, and the landowner or manager can opt-out at any time.
Conclusion
Safe Harbor Agreements are a useful tool for landowners and developers who want to undertake activities that may impact threatened or endangered species. By entering into a SHA, they can proceed with their activities without fear of legal action or additional restrictions and penalties. SHA`s also provide incentives for conservation measures that benefit wildlife and the environment.
If you are a landowner or developer considering an activity that could impact protected species, it`s worth considering a Safe Harbor Agreement with the USFWS.