he presence of a federally-listed threatened or endangered species on your property will have a direct impact on how you may manage your timberland. As a landowner, you need to understand the basic requirements of the Endangered Species Act and how they may relate to your property.

Private lands are regulated under Section 9 and potentially under Section 7 of the federal Endangered Species Act (ESA). Section 9 specifies that no person shall "take" a listed endangered or threatened species. "Take" is generally defined as "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conducts". Under a Supreme Court decision in 1995, (Sweethome Communities v. Babbit) habitat modification, including timber harvesting, that causes direct injury to a listed species may be considered a "take" of an endangered species.

Section 7 governs federal agency conduct. It prohibits federal agencies from engaging in or authorizing any action likely to jeopardize the continued existence of a listed species. As in Section 9, this includes destruction or adverse modification of designated habitat. "Agency action" includes timber sales, issuance of permits and funding grants. It may also include approval of federal cost-share funds for forest management/reforestation on private lands.

Key points to know include:

• The animal currently having the most impact on forestry in North Carolina is the red-cockaded woodpecker, which generally inhabits older pine stands that are in a park-like condition.
• Landowners are responsible for not "taking" an endangered species. They are not responsible for recovery of the species, i.e. managing for or providing new habitat.
• Section 9 of the ESA applies only to animal species. It does not apply to listed plant species on private lands.
• There may be some programs or agreements available to private landowners, such as the "Safe Harbor" program, that offer some incentives and protections to landowners for providing habitat.

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