Endangered Species Act Cheat Sheet
Colleen Whiting
INFB Legal Intern
Indiana does not have much experience with the Endangered Species Act (or “ESA”). With natural conditions changing and species migrating across the nation, it is appropriate for Hoosier farmers to have a basic understanding of what terms the ESA uses and what process it follows. The following is a list of terms that are commonly used when discussing the ESA:
Species: Any species or subspecies of fish, wildlife or plant, or any “distinct population segment” of any species of vertebrate fish or wildlife which interbreeds when matures.
Take: Includes killing, harming, harassing, pursuing, hunting, capturing or collecting the species or attempting to engage in any such conduct.
Critical habitat: Specific areas within the geographic area occupied by the species at the time it was listed that contain the physical or biological features that are essential to the conservation of the species and that may need special management or protection. Areas can be excluded from this classification based on economic impact, impact on national security or any other relevant impact. This classification only impacts federal agency actions or federal funded or permitted activities; it does not impact activities by private landowners if there is not federal “nexus” – that is, no federal funding or authorization. It does not necessarily restrict further development.
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Estate & Succession Planning Program
The Indiana Agricultural Law Foundation will hold its 5th installment of the Estate & Succession Planning for the Family Farm program on Tuesday, July 17, 2018. The program will help farm families and attorneys understand the importance of estate and succession planning to their business. Along with general planning techniques, attendees will learn how family dynamics can affect estate and succession planning. This program has been approved for 6 hours of CLE credits for attending attorneys. For more information on the program and to register click here.
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