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I am a private landowner and want to clear cut 80 acres of redwood trees in an area containing northern spotted owls, an endangered species. Am I prohibited from such activity?
Not necessarily. Contrary to popular opinion, even though your activity may incidentally jeopardy the existence of endangered or threatened species, your project is not necessarily prohibited. Under the Endangered Species Act, if your proposed project or action is likely to result in "taking" of endangered or threatened species, you will need a permit from the Fish and Wildlife Service and, as part of the permit process, a habitat conservation plan (HCP for short) -- what impact your action has on the continued existence of an endangered or threatened species or on its critical habitat. It may be necessary to develop alternatives and/or measures to avoid or mitigate the adverse effects. ("Take" is defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect any threatened or endangered species). |
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