Covering Plants. Section 9(a)(2)(B) of the Act prohibits the removal of endangered plants or the malicious damage or destruction of such plants on areas under Federal jurisdiction, and the damage or destruction of endangered plants on non-Federal areas in knowing violation of State law or regulation. The removal of threatened plants from areas under Federal jurisdiction is prohibited; however, the malicious damage or destruction of threatened plants on areas under Federal jurisdiction and the damage or destruction of threatened plants on non-Federal areas in knowing violation of State law or regulation or in the course of a violation of criminal trespass law are not prohibited (50 CFR 17.71). The Act’s take prohibition for federally listed plants is, therefore, more limited than for listed animals. Nevertheless, the Service recommends that property owners consider candidate and listed plants in CCAAs, because the section 7(a)(2) prohibition against jeopardy also applies to plants as well as animals. If the section 7 consultation or conference on a CCAA-related section 10 permit application concludes that issuance of the permit for wildlife species would jeopardize the existence of a listed plant species, the permit could not be issued. To avoid this outcome, the property owner should ensure that the conservation measures and other actions covered by the CCAA are not likely to jeopardize any federally listed plant species. Even if the section 7 consultation or conference determines that the proposed CCAA and its associated permit are not likely to jeopardize the continued existence of any federally listed plant species, the property owner is still subject to any State laws that may protect such plants present within the CCAA’s enrolled property that are on private or other non-Federal lands. The property owner has no further responsibility under Federal law however, to protect or manage the listed plants. In the spirit of the conservation planning process, however, the Service will encourage property owners to address recovery needs of declining, candidate, endangered, or threatened plants in CCAAs. Although take of plants does not require a section 10 permit, the names of any plants addressed in the CCAA can be placed on the permit at the request of the property owner where the property owner’s interests would be protected should the legal status of any plant change during the life of the permit as a result of changes to the Act. This approach is encouraged if the property...
