Volume 26, Number 4 ● May 3, 2018
Inflation Alert! ETS Fines Increased
In the February 12, 2018 Federal Register the U.S. Fish and Wildlife Service (USFWS) issued a final rule that increases the fines and penalties for impacting endangered and threatened species (ETS). The USFWS periodically adjusts these fines for inflation, in accordance with the Federal Civil Penalties Inflation Adjustment Act of 2015. Please remember that impacts to endangered and threatened species are costly and can derail your project schedule and budget, and must be considered for any projects requiring a federal or state action – like wetlands permits, FEMA approvals, funding, etc.
Wetland Studies and Solutions has over 26 years of experience working with ETS issues on projects throughout the Mid-Atlantic. We conduct habitat evaluations, perform species surveys, monitor for presence of endangered or threatened species, and obtain take permits for approved ETS impacts. Contact Ben Rosner or Mark Headly in our Gainesville office, or Mike Klebasko or Ken Wallis in our Millersville office to discuss how we can help you manage ETS on your project sites. Let’s ensure your projects comply with ETS regulations and avoid these fines altogether!
Changes to ETS violation fines (from Federal Register, Feb. 12, 2018)
| Law | Type of Violation | Maximum Civil Monetary Penalty |
|---|---|---|
| Bald and Golden Eagle Protection Act | any violation | $12,964 |
| Endangered Species Act | knowing violation of section 1538 (commerce, captivity, import/export) | $51,302 |
| other knowing violation | $24,625 | |
| any other violation | $1,296 |