ENDANGERED SPECIES ACT
The federal Endangered Species Act started out as a prohibition on killing a listed species ("take"). Through court decisions and regulations, "take" now includes habitat modifications or other actions (harm, harass, etc.). Landowners are responsible for preventing a "take" of a listed species. This prohibition applies only to animals (plants are not covered). Landowners are not required to help recover a species. This means that landowners are not required to undertake management actions to create suitable habitat or other actions to recover a species. Landowners should also understand that federal cost-share programs may trigger federal involvement or oversight on management actions that may affect an endangered species. While this has not yet happened, landowners should be aware of the possibility.
The two primary species impacting forestry in North Carolina are the red-cockaded woodpecker and the bald eagle. If either species is present, it will significantly affect how and when you may harvest your timber. It is also possible that harvesting could be prohibited.
Penalties for violation of the Endangered Species Act are substantial and landowners should work with a professional forester.
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