A legally binding agreement between a landowner (often private) and the U.S. Fish and Wildlife Service (USFWS) designed to offset any harmful effects a proposed activity might have on species listed as threatened or endangered under the Endangered Species Act (ESA). These agreements allow development or other land-use activities to proceed while promoting the long-term survival of the affected species. For example, a timber company wanting to harvest trees in an area known to be a habitat for the spotted owl might enter into an agreement to protect a certain acreage of owl habitat elsewhere, mitigating the impact of their logging operation.
These agreements are vital tools for balancing economic development with species preservation. They provide a mechanism for landowners to proceed with projects that might otherwise be blocked due to ESA regulations, fostering collaboration rather than conflict. The agreements offer regulatory certainty, as approved plans insulate landowners from further restrictions related to the covered species as long as the conditions of the plan are met. Historically, these plans emerged as a response to conflicts between development interests and conservation efforts, offering a flexible approach to resolving these disputes.
