OFFICE OF THE SECRETARY

For Immediate Release June 6, 1997

Contact: DOI -- Lisa Guide or Paul Bledsoe (202) 208-6416 DOC -- Kelly Lees (202) 482-4883

Private Landowner Involvement is Key to Increased Level of Protections

Protections for America’s rare plants and animals are more effective now than at any time in the 24 year history of the federal Endangered Species Act (ESA), Interior Secretary Bruce Babbitt and Commerce Secretary William M. Daley said today. Secretaries Babbitt and Daley unveiled two draft conservation incentive policies while highlighting the dramatic improvements in species protection due to Clinton Administration reforms.

Babbitt said the Administration has been able to address many concerns about the ESA by using the law’s built-in flexibility, allowing private landowners to conserve species while preserving certainty about the economic potential of their property.

“For the first time in history, the Endangered Species Act is effectively saving rare plants and animals on privately owned lands,” said Secretary Babbitt. “It is a difference so profound that in practice we really have a “new” Endangered Species Act. We’re saving hundreds of additional species, we are in partnerships with hundreds of landowners, and millions of acres of private property are being managed to protect America’s natural heritage. Endangered species, and the Endangered Species Act itself, are flourishing under our new reforms.”

“These new policies demonstrate significant progress in wildlife conservation as well as fostering greater appreciation for the flexibility of the Endangered Species Act,” said Secretary Daley. “Having used these ESA policies as guidelines we already enjoy dozens of successful partnerships with the private and public sectors showing that species can be protected while allowing sustainable development and important government functions to continue.”

“Four years ago, the act was in grave trouble, with many in Congress and the private sector supporting damaging revisions,” Secretary Babbitt said. “But many Americans were outspoken in their support for the ESA. With their support we have prevented the paving over of America’s natural heritage by taking the Endangered Species Act’s built-in flexibility and using it for the benefit of conservation. Because the law is now responsive to the concerns of landowners, we now have something never before associated with the ESA: the active involvement oflandowners, business people, environmentalists and others to develop partnerships that work.”

Administrative reforms of the ESA have vastly increased the number of species being protected and increased the amount of land being managed for conservation by millions of acres, Babbitt said.

Since more than half of listed species have 80 percent of their habitat on private land, an effective conservation program must include significant private lands involvement. Currently, 212 partnerships called “ habitat conservation plans” with private landowners have been completed and signed, and over 200 are at various stages of development. By September 1997, 18.5 million acres of private land will be covered by HCP’s, including both preserve lands and those that will be actively managed for conservation or developed. These agreements will protect over 300 species, including state and federally listed, candidates for listing and species of special concern. Only 14 habitat conservation plans were signed between 1982 and 1993, the year President Clinton took office. In addition, a “No Surprises” policy that provides assurances to landowners who are participating in HCP’s was officially proposed as a regulation by the Interior and Commerce Departments on May 29, 1997.

“Secretary Babbitt’s commitment to achieving the goals of the Endangered Species Act through Habitat Conservation Plans, backed by his No Surprises policy, has captured substantial enthusiasm and trust from many private landowners and resource users. The beneficiaries are species which would otherwise be unprotected, even as the sensible development of resources progresses and benefits the economy, “ said Guy R. Martin, of the Western Urban Water Coalition and Bay-Delta Urban Coalition.

Twenty Five “Safe Harbor Agreements” have brought active species conservation to nearly 21,000 acres of privately owned land and benefit more than ten species. Sixteen other agreements are in development and are expected to cover an additional 14,000 acres.

“These new policies offer the promise of not just preserving the status quo, but of improving upon it; unless we accomplish that, the goals of the Endangered Species Act cannot be achieved,” said Michael Bean, Environmental Defense Fund (EDF) senior attorney.

Through habitat management more than 200 rare species are benefiting from conservation agreements designed to remove threats to species that are candidates for ESA protection. These Candidate Conservation Agreements are intended to preclude the need for listing.

“Innovative multiple species conservation programs--partnerships with private interests and local government--are giving real hope to the endangered species of Southern California,” said Dan Silver, Coordinator for the Endangered Habitats League, located in Southern California. “We strongly support these efforts, but also ask for needed improvements, such as in funding and scientific input.”

While a goal of the new administrative reforms is to prevent the need to list declining species by taking action to protect them before they become critically endangered, other specieshave reached the point of requiring the full protections of the ESA. Despite a year-long congressionally imposed moratorium on the listing of species, 374 species have been added to the list during the Clinton Administration, more than during any other Administration.

“The Nature Conservancy has been working cooperatively with private landowners for decades to conserve rare species and ecosystems on their land,” said John Sawhill of The Nature Conservancy. “As approximately 75% of all threatened and endangered species rely to some extent on private land to survive, we are delighted to see an increasing focus on these activities in the context of the Endangered Species Act.”

Babbitt and Daley announced two policies today, one creating “Safe Harbors,” which will enhance recovery of Federally listed species on non-federal lands, and the “Candidate Conservation Agreements” policy, intended to remove threats to species not yet listed.

“Safe Harbors and Candidate Conservation are key pieces of the Clinton Administration’s ESA reforms,” said Secretary Babbitt. “Both provide important new incentives and assurances to private property owners to help save and enhance habitat for listed and candidate species without having to worry about additional regulatory restrictions under the Act.”

“Commerce’s goal to balance protection of our natural resources with sustainable development will be complemented through these two policies. The policies will also enhance our Nation’s efforts to save endangered fish and wildlife by providing private landowners with a better understanding of the act’s regulatory guidelines, “ said Secretary Daley. “More effective stewardship or management of private land will keep essential habitat undivided, maintain and restore unique habitats and create other unique benefits for endangered species.”

“The Southern California Natural Community Conservation Program has taken endangered species protection beyond regulatory gridlock and ideological posturing and built a bridge between environmental protection and economic imperatives,” said Monica Florian, Sr. Vice President of the Irvine Company. “It has made conservation on private lands feasible and even desirable from a landowners’ point of view. The NCCP has provided an innovative and practical means to conserve multiple habitats on a large scale and to protect multiple species before they are in danger.”

Babbitt said that under the draft Safe Harbor policy, the Fish and Wildlife Service and the National Marine Fisheries Service (the Services), in cooperation with appropriate state agencies and affected Tribal governments, may provide property owners with assurances for enhancing the recovery of a listed species by voluntarily entering into Safe Harbor Agreements. The Services must find that species included in an agreement are expected to receive a net conservation benefit from voluntary conservation activities. A current habitat baseline condition would be determined and any increase in an animal’s population above that condition resulting from a property owner’s voluntary good stewardship would not increase their regulatory responsibility or affect future land use decisions. The Services would issue the property owner an “enhancement of survival permit” under Section 10(a) (1) (A) of the act, which would allow the property owner to return the affected property at the end of the Safe Harbor agreement back to baseline conditions even if itresulted in the incidental take of a listed species. As long as the property owner complied with the terms and conditions of the Safe Harbor agreement and permit, he or she could make any use of the property that maintained the agreed-upon baseline conditions.

The Candidate Conservation Agreements draft policy is similar in principle to the Safe Harbor policy but pertains exclusively to species that are facing threats but are not yet listed. The goal is to remove threats to eliminate the need for listing. If a species is nonetheless listed in the future, the Services would authorize the property owner to return the property to condition mutually agreed to in the Candidate Conservation Agreement and would not require the participating property owner to do more to conserve the species.

Comments about the draft Safe Harbor and Candidate Conservation agreements policies and accompanying regulatory changes to 50 Code of Federal Regulations Part 17 must be received within 60 days after publication (during the week of June 9th) Federal Register and should be addressed to Chief, Division of Endangered Species, U.S. Fish and Wildlife Service, 1849 C St. NW, (ARLSQ-452), Washington, DC 20240.