Colorado Nongame Act Glossary: Key Terms & Definitions for Developers and Consultants

Colorado Nongame Act Key Terms & Definitions

Candidate Conservation Agreement with Assurances (CCAA): A voluntary agreement between the U.S. Fish and Wildlife Service (FWS) or the National Marine Fisheries Service (NMFS) and private or non-federal landowners to conserve candidate species or species likely to become candidates for listing under the Endangered Species Act (ESA). CCAAs provide assurances to landowners that they will not face additional land-use restrictions if the species covered by the agreement is listed under the ESA in the future, as long as they implement the agreed-upon conservation measures.¹

Conservation Easement: A voluntary legal agreement between a landowner and a government agency or land trust that permanently limits the use of the land to protect its conservation values. Conservation easements are a key tool for protecting habitat for threatened and endangered species under the Colorado Nongame, Endangered, or Threatened Species Conservation Act.²

Critical Habitat: Geographic areas that contain features essential to the conservation of a threatened or endangered species and that may require special management and protection. Critical habitat may include areas that are not currently occupied by the species but are necessary for its recovery. The designation of critical habitat is a formal process under the Endangered Species Act and the Colorado Nongame, Endangered, or Threatened Species Conservation Act.³

Delisting: The removal of a species from the list of endangered or threatened species under the Colorado Nongame, Endangered, or Threatened Species Conservation Act. Delisting occurs when a species has recovered to the point where it no longer requires the protection of the Act.⁴

Endangered Species: Any species or subspecies of wildlife that is in danger of extinction throughout all or a significant portion of its range within the state of Colorado, as determined by the Colorado Parks and Wildlife Commission under the Colorado Nongame, Endangered, or Threatened Species Conservation Act.⁵

Habitat Conservation Plan (HCP): A planning document that is required as part of an application for an incidental take permit under the Endangered Species Act. HCPs describe the anticipated effects of the proposed taking, how those impacts will be minimized or mitigated, and how the HCP is to be funded.⁶

Incidental Take: The unintentional taking of a listed species as a result of otherwise lawful activities. Incidental take permits may be issued by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service under the Endangered Species Act to allow for limited take of listed species in exchange for conservation measures.⁷

Incidental Take Permit: A permit issued under Section 10(a)(1)(B) of the Endangered Species Act to a non-federal entity engaging in an otherwise lawful activity that may result in the take of a listed species. The permit allows for limited take of the species in exchange for the implementation of an approved Habitat Conservation Plan.⁸

Listed Species: A species, subspecies, or distinct population segment that has been added to the federal lists of endangered and threatened wildlife and plants under the Endangered Species Act, or to the state list of endangered or threatened species under the Colorado Nongame, Endangered, or Threatened Species Conservation Act.⁹

Nongame Species: Any species of wildlife that is not commonly hunted, fished, or trapped, and is not otherwise classified as a game species, furbearer, or migratory bird under Colorado law. Nongame species are protected under the Colorado Nongame, Endangered, or Threatened Species Conservation Act.¹⁰

Recovery Plan: A document that describes the actions necessary to restore a listed species to a self-sustaining level in the wild, so that it can be removed from the list of endangered or threatened species. Recovery plans are developed by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service under the Endangered Species Act, or by the Colorado Parks and Wildlife Commission under the Colorado Nongame, Endangered, or Threatened Species Conservation Act.¹¹

Safe Harbor Agreement: A voluntary agreement between the U.S. Fish and Wildlife Service or the National Marine Fisheries Service and a property owner to promote the recovery of listed species on non-federal lands. Safe Harbor Agreements provide assurances to landowners that they will not face additional land-use restrictions if they improve habitat for listed species on their property.¹²

Section 7 Consultation: The process under Section 7 of the Endangered Species Act that requires federal agencies to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service to ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or destroy or adversely modify critical habitat.¹³

Section 10(a)(1)(A) Permit: A permit issued under Section 10(a)(1)(A) of the Endangered Species Act that authorizes the take of listed species for scientific purposes or to enhance the propagation or survival of the affected species. These permits are issued by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service.¹⁴

Species of Special Concern: A species or subspecies of wildlife that is not listed as endangered or threatened under the Colorado Nongame, Endangered, or Threatened Species Conservation Act, but is of concern to the Colorado Parks and Wildlife Commission due to declining population trends, limited distributions, or other factors that could lead to listing in the future.¹⁵

Take: To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect a listed species, or to attempt to engage in any such conduct. The definition of take under the Colorado Nongame, Endangered, or Threatened Species Conservation Act is similar to the definition under the federal Endangered Species Act.¹⁶

Threatened Species: Any species or subspecies of wildlife that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range within the state of Colorado, as determined by the Colorado Parks and Wildlife Commission under the Colorado Nongame, Endangered, or Threatened Species Conservation Act.¹⁷