Vol. 31, No. 1, #7. Tools for Managing Endangered Species on Private Lands.

AuthorAuthor: Tony Hoch, Ph.D., P.G.

Wyoming Bar Journal

2008.

Vol. 31, No. 1, #7.

Tools for Managing Endangered Species on Private Lands

Wyoming Bar Journal Issue: February, 2008

Author: Tony Hoch, Ph.D., P.G. Tools for Managing Endangered Species on Private Lands

Many families in Wyoming have worked for generations to be good stewards of their land. They know that good conservation practices are a must to maintain healthy rangeland, properly functioning riparian zones, and clean water for their operations to remain viable. In fact, ranches in Wyoming contain a majority of the prime wildlife habitat for our native species, due to the settlement near and development of precious water resources. Private ranches are havens for wildlife in the face of impending outside development pressures and most ranchers take great pride in maintaining habitat and attracting diverse wildlife communities. Ironically, one of the greatest fears of a private land owner is attracting species deemed "threatened or endangered" by the U.S. Fish and Wildlife Service (FWS), under the Endangered Species Act of 1973 (ESA). Having threatened or endangered species present can lead to federally-imposed restrictions on the use of private property, and the ESA has historically provided negative incentive to conserve species - it is easier to destroy habitat or "shoot, shovel, and shut up" than deal with the potential restrictions resulting from having these plants and animals on private land. These fears are valid. Although it has prevented extinction of several species, a major criticism of the 1973 Endangered Species Act is that it often places strict regulations on private property owners without working for the recovery of endangered species. About 2,000 plants and animals are listed as threatened or endangered and only a handful has come off the list in over three decades. In order for the people who own, manage, and improve the habitat to stay in business, there must be avenues to legally coexist with these species.

Section 10 Programs

The ESA is often criticized for offering regulation with no remedy. However, there are programs authorized under Section 10 of the Endangered Species Act, which include agreements recognizing the conservation needs of species along with the needs of private land owners and their private property rights. At the heart of these programs are two key concepts...

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