When Should Landowners Seek Permits for “Incidental Taking” of Endangered Species?
Newsletter
May 7, 2018
WHEN SHOULD LANDOWNERS SEEK PERMITS FOR
“INCIDENTAL TAKING” OF ENDANGERED SPECIES?
Questions often arise whether land use and development activities would modify wildlife habitat in ways that “take” endangered species. The U.S. Fish and Wildlife Service has published a guidance memorandum explaining what landowners should consider when deciding whether they should apply to the Service for permits authorizing the “incidental take” of endangered species under the Endangered Species Act. As the guidance largely tracks existing law, it may serve as a handy resource for landowners and others in the regulated community. As the Service intends, it may serve as well to guide its staff to “apply correct and consistent interpretations” of the law.
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