The Sentinel-Record

Landowner help sought to protect endangered animals, plants

- JOHN FLESHER AND MATTHEW BROWN

TRAVERSE CITY, Mich. — The Biden administra­tion called for regulatory changes Wednesday to encourage voluntary conservati­on projects on private land, partly by shielding owners from punishment if their actions kill or harm small numbers of imperiled species.

The proposed U.S. Fish and Wildlife Service rule outlines steps to simplify permitting for damage that otherwise would be illegal under the Endangered Species Act. The Associated Press obtained details on the proposal prior to its public release.

To qualify, landowners take steps that would benefit declining species, including pollinator­s such as bumblebees and monarch butterflie­s.

The idea is to make landowners allies rather than adversarie­s as climate change, urban sprawl and other trends jeopardize more animals and plants. The United Nations says up to 1 million species could go extinct worldwide, many in the next few decades.

Preventing such losses will require protection­s on both private and public lands, officials told AP.

“We believe very strongly that collaborat­ive conservati­on is the way forward,” U.S. Interior Secretary Deb Haaland said in an interview. She added in a statement that partnershi­ps would “set us on a course for continued recovery and resilience.”

The proposed rule involves a section of the federal law that offers exceptions to its broad prohibitio­ns on harming species listed as endangered or threatened. It allows “taking” — killing — individual plants or animals for scientific purposes, or to preserve a species through steps such as establishi­ng new population­s.

It also allows such harm if it’s an unintended result of an otherwise legal activity such as logging, mining and oil and gas developmen­t.

Killing or harming members of listed species under those circumstan­ces requires a permit, accompanie­d by plans for limiting the damage and conserving the species overall.

“These are tools that are valuable and popular, but are largely constraine­d by the fact that they are time consuming and expensive to negotiate,” said Jonathan Wood, a vice president at the Property and Environmen­t Research Center, which supports a free-market approach to environmen­talism.

The proposed new rule is designed to make reaching such deals easier and get more landowners to take part.

It would combine two existing types of protection agreements into one. It also would allow owners eventually to stop their protection measures — for example, by cutting trees they had allowed to grow for the benefit of woodland species such as birds or bats.

Another provision would allow issuance of permits for harming individual­s of species that haven’t been listed as endangered or threatened but could be in the future. The landowner would begin protective measures immediatel­y but couldn’t hurt or kill any of the animals or plants until their species are listed. That could help them recover well enough that legal protection­s aren’t needed.

“We anticipate that these improvemen­ts will encourage more individual­s and companies to engage in these voluntary programs, thereby generating greater conservati­on results overall,” the Fish and Wildlife Service said in a regulatory filing.

Environmen­tal law experts said the strategy is worth trying but success isn’t certain — particular­ly since it opens the door to more “incidental” deaths and gives landowners the option of

dropping conservati­on efforts.

“This is not a risk-free rule,” said Pat Parenteau, an emeritus law professor at the Vermont Law and Graduate School. “It may not work out to the net benefit of the species in question.”

Most endangered species live largely on private land, so the government has little choice but to seek voluntary cooperatio­n, accept tradeoffs and assure owners they’ll be able to manage their property, said Dan Rohlf, a professor with the Lewis and Clark Law School in Portland, Oregon.

But an agreement that doesn’t require permanent conservati­on measures “sends a message to non-federal landowners that species conservati­on is ultimately not your obligation,” Rohlf said. “It says that hopefully we’ll recover a species somewhere else than your land. And that may or may not be true or possible.”

Wildlife advocates have criticized the use of conservati­on agreements in cases including Arctic grayling, a fish struggling to survive in parts of Montana.

Advocates sued the government last week, contending a deal reached more than a decade ago involving the Big Hole River and its tributarie­s — home to the grayling and a water source for agricultur­e — had failed to stop the fish’s decline.

The agreement wasn’t enforceabl­e and didn’t go through a public process so experts could weigh in, said Kristine Akland, an attorney with the Center for Biological Diversity.

“The concept is great: State and private entities and the federal government all come together and agree to abide by certain measures to help a species,” Akland said. “Every … conservati­on agreement is going to be subject to those pitfalls.”

The Fish and Wildlife Service scheduled a public comment period for Feb. 9 through April 10. No date has been set for a final decision on the proposed rule.

The service invited feedback on matters such as whether the proposed changes would save time and money; how they would affect conservati­on; how much private land could be eligible; and the potential for more permit applicatio­ns.

 ?? The Associated Press ?? Q Monarch butterflie­s land on branches Nov. 10, 2021, at Monarch Grove Sanctuary in Pacific Grove, Calif. The Biden administra­tion proposed regulatory changes Wednesday to encourage voluntary conservati­on projects on private land, partly by shielding owners from punishment if the actions kill or harm small numbers of imperiled species.
The Associated Press Q Monarch butterflie­s land on branches Nov. 10, 2021, at Monarch Grove Sanctuary in Pacific Grove, Calif. The Biden administra­tion proposed regulatory changes Wednesday to encourage voluntary conservati­on projects on private land, partly by shielding owners from punishment if the actions kill or harm small numbers of imperiled species.

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