Jul 9, 2025 Comments on Endangered Species Act (ESA) Section 10(a) Program Implementation
The American Petroleum Institute (“API”), the American Exploration and Production Council (“AXPC”), the Independent Petroleum Association of America (“IPAA”), GPA Midstream Association, Marcellus Shale Coalition, the North Dakota Petroleum Council (“NDPC”), the Petroleum Alliance of Oklahoma, the Texas Oil and Gas Association (“TXOGA”), and Utah Petroleum Alliance (“UPA”) (collectively, the “Associations”) appreciates the opportunity to provide comments in response to the Fish and Wildlife Service’s (“FWS” or “the Service”) request for information (“RFI”) issued on June 9, 2025. This RFI sought feedback on improvements to the development and implementation of survival permits associated with Conservation Benefit Agreements (CBAs) and Incidental Take Permits (ITPs) associated with Habitat Conservation Plans (HCPs) under Section 10(a) of the Endangered Species Act (ESA). We appreciate the Trump Administration’s desire to achieve a meaningful reduction in regulatory burdens while continuing to meet statutory obligations, advance American energy independence, and ensure the responsible stewardship of the nation’s public lands and resources. …
Voluntary conservation agreements such as HCPs and CBAs are helpful mechanisms to minimize impacts to species and habitat and contribute to overall species conservation goals, while avoiding unwarranted access restrictions that could obstruct national energy security objectives. A significant value of these plans lies in their ability to streamline or even proactively preempt the often-lengthy Incidental Take Permit process, a benefit that works both in favor of industry and the Service. Though not applicable in all situations and for all species, the Associations’ members already successfully leverage various CBAs and HCPs for species such as the Dunes Sagebrush Lizard, the Lesser Prairie Chicken, the Texas Hornshell Mussel, and the Monarch Butterfly. Critical learnings from these initiatives can be applied to future conservation plans, as per the suggestions delivered below. …
