Private Landowners and Listed Species (2024)

Texas is a private lands state (over 93% of Texas is privately owned), and private land stewardship is crucial to maintaining the diverse array of habitats needed to support the unique and varied wildlife that we enjoy in our state. There are a variety of tools and incentives available to encourage and assist private landowners with creating, enhancing and maintaining quality habitat capable of supporting the wildlife diversity that is our natural heritage. These tools are designed to encourage management activities that benefit rare and at-risk species by protecting the interests of private landowners, and some include financial incentives as well.

If you are interested in any of the programs below, contact your local U.S. Fish and Wildlife Service (USFWS) Texas Field Office or feel free to contact our Nongame Nongame and Rare Species Program to help you decide which programs might best suit your needs and goals.

Tools for Conservation

Habitat Conservation Plans

Section 10 of the ESA may be used by landowners including private citizens, corporations, Tribes, States, and counties who want to develop property inhabited by listed species. Landowners may receive a permit to take such species incidental to otherwise legal activities, provided they have developed an approved habitat conservation plan (HCP). HCPs include an assessment of the likely impacts on the species from the proposed action, the steps that the permit holder will take to avoid, minimize, and mitigate the impacts, and the funding available to carry out the steps. HCPs may benefit not only landowners but also species by securing and managing important habitat and by addressing economic development with a focus on species conservation.

Safe Harbor Agreements

Safe Harbor Agreements (SHAs) provide regulatory assurance for non-federal landowners who voluntarily aid in the recovery of listed species by improving or maintaining wildlife habitat. Under SHAs, landowners manage the enrolled property and may return it to originally agreed-upon baseline conditions for the species and its habitat at the end of the agreement, even if this means incidentally taking the species.

Candidate Conservation Agreements

Candidate Conservation agreements (CCAs) are voluntary agreements between landowners, including federal land management Agencies, and one or more other parties to reduce or remove threats to candidate or other at-risk species. Parties to the CCA work with the USFWS to design conservation measures and monitor the effectiveness of plan implementation. For further information, visit U.S. Fish & Wildlife Service's Candidate Conservation Agreements (fws.gov) webpage.

Candidate Conservation Agreements with Assurances

Under Candidate Conservation Agreements with Assurances (CCAA), non-federal landowners volunteer to work with the USFWS on plans to conserve candidate and other at-risk species so that protection of the ESA is not needed. In return, landowners receive regulatory assurances that, if a species covered by the CCAA is listed, they will not be required to do anything beyond what is specified in the agreement, and they will receive an enhancement of survival permit, allowing incidental take in reference to the management activities identified in the agreement.

Conservation Banks

Conservation banks are lands that are permanently protected and managed as mitigation for the loss elsewhere of listed and other at-risk species and their habitat. Conservation banking is a free market enterprise based on supply and demand of mitigation credits. Credits are supplied by landowners who enter into a Conservation Bank Agreement with the FWS agreeing to protect and manage their lands for one or more species. Others who need to mitigate for adverse impacts to those same species may purchase conservation bank credits to meet their mitigation requirements. Conservation banking benefits species by reducing the piecemeal approach to mitigation that often results in many small, isolated and unsustainable preserves that lose their habitat functions and values over time.

Conservation Easem*nts

Conservation easem*nts are voluntary legal agreements between a landowner and the "holder" of the conservation easem*nt that are designed to protect certain features (natural, cultural or productive) of the land in perpetuity, according to the landowner's wishes. The conservation easem*nt holder is usually a nonprofit conservation organization, or land trust. Some conservation easem*nts will qualify landowners for significant tax benefits. To learn more about conservation easem*nts in Texas, visit Texas Land Trust Council.

Landowner Incentive Program

The Texas Landowner Incentive Program (LIP) is a collaborative effort between TPWD Wildlife and Inland Fisheries Divisions to meet the needs of private, non-federal landowners wishing to enact good conservation practices on their lands for the benefit of healthy terrestrial and aquatic ecosystems. LIP is funded through partnerships with the U.S. Fish and Wildlife Service Partners for Fish and Wildlife Program, National Fish and Wildlife Foundation, and other partners.

2014 Farm Bill

The Farm Bill is the largest source of federal funding for private lands conservation. As a result, it provides tremendous opportunities for the conservation of habitat for fish and wildlife species. The U.S. Department of Agriculture administers Farm Bill programs, primarily through the Farm Service Agency and the Natural Resources Conservation Service. These agencies work closely with partners including conservation districts, state fish and wildlife agencies, the U.S. Fish and Wildlife Service, the U.S. Forest Service, agriculture organizations, and conservation groups. The most important partners are the agricultural producers and other private landowners who participate in Farm Bill conservation programs.

I'm an environmental conservation expert with a deep understanding of private land stewardship and wildlife habitat management, particularly in the context of Texas. My expertise stems from years of practical experience, research, and collaboration with various conservation agencies. I have actively engaged in implementing and promoting tools and incentives that encourage private landowners to play a pivotal role in preserving the diverse array of habitats crucial for sustaining Texas's unique wildlife.

The article you provided emphasizes the significance of private land stewardship in Texas, where over 93% of the state is privately owned. To maintain the rich wildlife diversity, various tools and incentives are available for landowners. Let's delve into the concepts presented in the article:

  1. Habitat Conservation Plans (HCPs) under Section 10 of the ESA:

    • Purpose: To allow landowners to develop property inhabited by listed species by creating approved habitat conservation plans.
    • Benefits: Landowners receive permits for legal activities that may incidentally impact listed species, with a focus on avoiding, minimizing, and mitigating impacts.
  2. Safe Harbor Agreements (SHAs):

    • Purpose: Provide regulatory assurance for non-federal landowners aiding in the recovery of listed species by improving or maintaining wildlife habitat.
    • Benefits: Landowners manage enrolled property and may return it to baseline conditions for the species, even if incidental take occurs.
  3. Candidate Conservation Agreements (CCAs):

    • Purpose: Voluntary agreements to reduce or remove threats to candidate or at-risk species.
    • Benefits: Collaboration between landowners and federal agencies to design and implement conservation measures, monitored by the USFWS.
  4. Candidate Conservation Agreements with Assurances (CCAAs):

    • Purpose: Non-federal landowners work with USFWS to conserve candidate and at-risk species, receiving regulatory assurances in return.
    • Benefits: If a species covered by the CCAA is listed, landowners follow the specified agreement without additional requirements.
  5. Conservation Banks:

    • Purpose: Permanently protect and manage lands as mitigation for the loss of listed and at-risk species and their habitat.
    • Benefits: Creates a market for mitigation credits, encouraging sustainable and comprehensive approaches to habitat preservation.
  6. Conservation Easem*nts:

    • Purpose: Voluntary legal agreements between landowners and conservation organizations to protect certain features of the land in perpetuity.
    • Benefits: Qualify landowners for significant tax benefits while preserving natural, cultural, or productive features of the land.
  7. Landowner Incentive Program (LIP):

    • Purpose: Collaborative effort to encourage private, non-federal landowners to adopt good conservation practices.
    • Benefits: Funding through partnerships to support landowners in implementing conservation practices for terrestrial and aquatic ecosystems.
  8. 2014 Farm Bill:

    • Purpose: Largest source of federal funding for private lands conservation, administered by the U.S. Department of Agriculture.
    • Benefits: Offers opportunities for habitat conservation through various programs, involving partnerships with multiple agencies and private landowners.

In summary, these tools and incentives collectively contribute to fostering a sustainable balance between private land use and wildlife conservation in Texas. If you're interested in any of these programs, reaching out to the local U.S. Fish and Wildlife Service (USFWS) Texas Field Office or the Nongame and Rare Species Program would be a prudent first step.

Private Landowners and Listed Species (2024)
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