Understanding Endangered Species Compliance in AMP Projects: A Biologist’s Lens

Advancing Markets for Producers (AMP) projects are designed to open new markets for farmers and ranchers while ensuring conservation gains. But market expansion cannot come at the expense of fragile species and ecosystems. That is where the Endangered Species Act (ESA) comes in.

For program managers, administrators, and technical partners running AMP projects, endangered species compliance may feel like an unfamiliar layer of environmental law. Yet it is central to protecting biodiversity, sustaining working lands, and keeping federal agreements intact.

This blog takes a biologist’s lens to endangered species compliance in AMP projects. You will learn why compliance is required, how the process works, and what practical steps you can take to keep your project on track while contributing to wildlife conservation outcomes.

Why the ESA Matters for AMP Projects

The U.S. Endangered Species Act of 1973 is one of the strongest conservation laws in the world. Its core purpose is to prevent the extinction of plants and animals and to conserve the ecosystems they depend on. Administered by the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), the Act requires federal agencies to ensure their actions do not jeopardize the continued existence of any listed species or destroy critical habitat.

Because AMP projects use federal funds, they count as “federal actions.” That means compliance with the ESA is not optional. As one NRCS biologist explained in training, “consultation with the FWS or NMFS is an inherently governmental function.” Partners can gather the supporting information, but the final responsibility rests with the federal agency.

Compliance ensures that conservation efforts, like cover cropping or wetland restoration, are implemented without unintentionally pushing a species at risk closer to the risk of extinction. It also safeguards program integrity. A project that skips ESA requirements risks delays, loss of funding, or even legal challenges.

Categories of Species Under the ESA

Understanding ESA terminology helps program partners know what level of compliance is required:

• Endangered species: in immediate danger of extinction.
• Threatened species: likely to become endangered in the foreseeable future.
• Proposed species: officially proposed for listing, awaiting final rule.
• Candidate species: being evaluated for listing but not yet protected.
• Species listed as threatened or endangered receive the strongest protections.
• Critical habitat: specific areas essential for species recovery.

Even species that are not yet listed, such as candidates, can trigger mitigation requirements in AMP projects. NRCS policy requires avoiding or minimizing adverse impacts whenever practicable.

The Compliance Process: Three Key Steps

During environmental evaluations (documented on the CPA-52 worksheet), project teams work with NRCS to meet ESA obligations. The process unfolds in three steps:

Step 1: Identify Protected Species in the Project Area

• Start with state-level coordination. Each NRCS state office maintains lists of listed species, proposed species, and candidate species developed with the FWS, NMFS, tribes, and state agencies.
• Use tools like state Wildlife Action Plans, the FWS IPaC (Information for Planning and Consultation) system, and natural heritage databases.
• Consider land use, vegetation, and habitat features. For example, row-cropped fields may seem inhospitable, but hedgerows or riparian corridors can provide refuge for certain species.

Step 2: Determine Potential Effects

• For each species likely to occur on-site, assess whether conservation practices could help, harm, or have no impact.
• Effects include both beneficial and adverse effects. Planting cover crops could increase pollinator habitat, while building a pond might fragment a wetland.
• Consider timing. A practice installed during breeding season may disrupt critical behaviors even if the habitat itself is maintained.

Step 3: Consult or Coordinate

• If an AMP practice may affect a listed species or critical habitat, NRCS must consult with the FWS or NMFS.
• For proposed species, NRCS must “conference” with the Services to ensure actions will not jeopardize their survival.
• For candidate species, NRCS policy requires avoiding or minimizing adverse effects where possible.
• For state or tribal protected species, coordination and concurrence are required with local partners.

Partners provide the biological information and site details, but only NRCS can formally initiate consultation.

What Counts as “Adverse Effects”?

Not every impact triggers consultation, but program managers should flag potential risks early. Adverse effects may include:

• Habitat loss: clearing vegetation, draining wetlands, or converting grasslands.
• Habitat fragmentation: breaking up wildlife corridors with fencing or new structures.
• Behavioral disruption: noise, disturbance, or changes in hydrology that alter feeding, nesting, or migration.
• Indirect impacts: increased emissions, pesticide drift, or introduction of invasive species that degrade habitat.

Even small-scale AMP practices can cumulatively affect populations. For example, a single field buffer may seem minor, but across a watershed, repeated habitat loss could threaten local viability of a species listed under the ESA.

Case Example: Riparian Habitat Restoration

In one NRCS training scenario, a rancher in Wyoming sought to stabilize stream banks eroded by cattle. The solution, installing fencing, planting willows, and providing off-stream water, restored riparian vegetation and reduced sediment loading.

From an ESA perspective, this project benefited fish and wildlife by improving habitat quality. But it still required documentation on the CPA-52: identifying whether any threatened species used the stream, assessing seasonal impacts, and showing how the alternative avoided or minimized adverse effects.

Recovery Plans and Long-Term Conservation

ESA compliance is not just about avoiding harm. It also supports species recovery plans—science-based roadmaps developed by FWS or NMFS to bring a species back from the brink.

AMP projects can align with recovery plans by:

• Enhancing wetlands that provide breeding grounds for amphibians.
• Reducing soil erosion and improving freshwater quality for mussels and fish.
• Managing land use to prevent further habitat loss.
• Supporting practices that improve population size of pollinators and birds.

These actions generate measurable conservation outcomes that funders, policymakers, and stakeholders care about. Documenting these outcomes strengthens both compliance and program impact reporting.

Challenges and Controversies

ESA compliance has been politically debated since its passage. For AMP partners, it helps to be aware of broader context:

• The Trump administration issued regulatory changes that narrowed definitions of “foreseeable future” and critical habitat. Some of those rules have since been challenged or reversed.
• Delisting of species, such as the bald eagle, is often seen as evidence of success, though it raises questions about post-delisting monitoring.
• Scientific studies, such as those published in journals like PLOS ONE, continue to debate how best to balance agricultural production, conservation policy, and species protection.

Despite shifting policy, the obligation to protect species at risk remains embedded in the U.S. Endangered Species Act.

Practical Tips for AMP Partners

1. Start Early: Flag ESA compliance during project design, not after implementation.
2. Use the Mitigation Hierarchy: Avoid impacts first, then minimize, then compensate.
3. Coordinate with State POCs: They are the bridge between AMP partners and regulatory agencies.
4. Document Thoroughly: Benchmark conditions, alternatives, and effects must all be captured in CPA-52.
5. Respect Tribal Roles: Coordinate with Tribal Historic Preservation Officers (THPOs) and Indian tribes when projects occur on or near tribal lands.
6. Stay Current: ESA regulations and court decisions evolve. Keep up through training and resources from the Department of the Interior (DOI) and National Park Service.

The Bigger Picture: ESA as a Conservation Opportunity

While compliance may feel like red tape, it is also a chance to showcase how AMP projects contribute to national species conservation goals. Farmers and ranchers who adopt ESA-compliant practices are not only protecting themselves legally, they are part of the larger story of wildlife conservation in working landscapes.

AMP partners who document these outcomes can demonstrate to funders that their projects strengthen both natural resources and market resilience in the face of climate change.

Final Thoughts

From biodiversity to critical habitat, ESA compliance is about more than checking boxes. It is about weaving conservation into the fabric of agricultural growth.

AMP partners play a vital role in this process. By approaching compliance with a biologist’s lens, identifying species at risk, evaluating impacts, consulting appropriately, and aligning with recovery plans, they not only meet regulatory requirements but also deliver lasting conservation outcomes.

As landscapes change and pressures mount, ESA compliance ensures that AMP projects help agriculture thrive while protecting America’s most vulnerable species.