Kansas Collegian Defends Landowners in FWS DebateNate MyersOctober 14, 2025
The U.S. Fish and Wildlife Service (FWS) recently proposed listing the Southern Hognose Snake (Heterodon simus) as a threatened species under the Endangered Species Act (ESA), along with an accompanying 4(d) rule that could impose new land-use restrictions across portions of the Southeast. The agency claims these restrictions are necessary to protect the snake’s sandy, fire-maintained Longleaf Pine habitat—but such regulations risk placing heavy burdens on private property owners and local economies that rely on forestry, ranching, and agriculture.
CFACT Collegians understand that real conservation succeeds when landowners are treated as partners, not adversaries. That’s why Washburn University student McKrae Masters’ public comment to the FWS hit the nail on the head—calling for flexible, incentive-based conservation instead of rigid federal mandates. Her comment urges the agency to prioritize voluntary cooperation over punitive restrictions, recognizing that the best environmental stewards are the people who live and work on the land.
Below is McKrae’s full public comment, submitted through Regulations.gov, standing firmly for common sense, property rights, and real environmental progress:
“As a collegian proudly representing CFACT, an organization committed to advancing free-market environmental solutions based on principles of individual liberty and responsible stewardship of our God-given natural resources, I submit this comment regarding the proposed rule to list the Southern Hognose Snake (Heterodon simus) as a threatened species.
We firmly believe in the importance of species recovery, but our commitment to a healthy environment must be balanced with an unwavering respect for the private property and economic prosperity of American citizens. The current framework of the ESA, in its most restrictive application, often fails to achieve this balance.
A listing of the hognose snake under such a rigid structure threatens to impose burdensome, one-size-fits-all land-use restrictions across parts of the Southeast. These unnecessary regulations do not honor the hard work and sacrifice of the families and landowners who are the very best stewards of their properties. Instead, they disproportionately harm local economies, stifle vital human activity, and undermine the financial stability of our communities. Specifically addressing the Fish and Wildlife Service’s requests regarding the economic impacts of regulation, we emphasize that the primary habitat of the Southern Hognose Snake is the fire-maintained, sandy Longleaf Pine ecosystem, which is predominantly managed by private entities. If the final 4(d) rule is overly prescriptive, it will force routine activities to seek Incidental Take Permits (ITP) under Section 10(a)(1)(B). Data on the cost of these permits and associated Habitat Conservation Plans (HCPs) demonstrates a crushing financial barrier, often involving years of delay and hundreds of thousands of dollars in consulting fees, which constitutes a prohibitive economic impact on small and mid-sized landowners .
Our nation’s history proves that when we empower people through freedom and incentive, we unleash the greatest potential for positive change. Therefore, we urge the FWS to set aside the counterproductive, top-down approach and instead adopt and prioritize flexible, incentive-based conservation models. We must champion voluntary conservation partnerships that recognize the critical role of private land in species recovery and offer landowners a seat at the table, not just a set of corrective mandates.
In this spirit, we urge the FWS to find that a designation of Critical Habitat (CH) is not prudent or necessary for the conservation of the species. Given that the snake’s habitat is largely private, the conservation benefit of designating CH is drastically outweighed by the negative commercial and conservation consequences. Restrictive land designations can incentivize landowners to actively avoid conservation by reducing habitat suitability to escape regulation—a documented negative conservation outcome. For the Southern Hognose Snake, voluntary agreements promoting prescribed fire and open-canopy management are far more effective and less costly conservation tools. The final 4(d) rule must be tailored to exempt all routine, low-impact land management activities from “take” prohibitions, thus minimizing economic burden and maximizing voluntary conservation.
This common-sense approach allows us to achieve robust species recovery while fostering a business-friendly environment and upholding the fundamental values of liberty and prosperity. We must choose a path forward that successfully balances species recovery with vital human activity. Let us work together to find market-based solutions that reflect our deep commitment to both conservation and the American way of life.“
The U.S. Fish and Wildlife Service (FWS) recently proposed listing the Southern Hognose Snake (Heterodon simus) as a threatened species under the Endangered Species Act (ESA), along with an accompanying 4(d) rule that could impose new land-use restrictions across portions of the Southeast. The agency claims these restrictions are necessary to protect the snake’s sandy, fire-maintained Longleaf Pine habitat—but such regulations risk placing heavy burdens on private property owners and local economies that rely on forestry, ranching, and agriculture.
CFACT Collegians understand that real conservation succeeds when landowners are treated as partners, not adversaries. That’s why Washburn University student McKrae Masters’ public comment to the FWS hit the nail on the head—calling for flexible, incentive-based conservation instead of rigid federal mandates. Her comment urges the agency to prioritize voluntary cooperation over punitive restrictions, recognizing that the best environmental stewards are the people who live and work on the land.
Below is McKrae’s full public comment, submitted through Regulations.gov, standing firmly for common sense, property rights, and real environmental progress:
“As a collegian proudly representing CFACT, an organization committed to advancing free-market environmental solutions based on principles of individual liberty and responsible stewardship of our God-given natural resources, I submit this comment regarding the proposed rule to list the Southern Hognose Snake (Heterodon simus) as a threatened species.
We firmly believe in the importance of species recovery, but our commitment to a healthy environment must be balanced with an unwavering respect for the private property and economic prosperity of American citizens. The current framework of the ESA, in its most restrictive application, often fails to achieve this balance.
A listing of the hognose snake under such a rigid structure threatens to impose burdensome, one-size-fits-all land-use restrictions across parts of the Southeast. These unnecessary regulations do not honor the hard work and sacrifice of the families and landowners who are the very best stewards of their properties. Instead, they disproportionately harm local economies, stifle vital human activity, and undermine the financial stability of our communities. Specifically addressing the Fish and Wildlife Service’s requests regarding the economic impacts of regulation, we emphasize that the primary habitat of the Southern Hognose Snake is the fire-maintained, sandy Longleaf Pine ecosystem, which is predominantly managed by private entities. If the final 4(d) rule is overly prescriptive, it will force routine activities to seek Incidental Take Permits (ITP) under Section 10(a)(1)(B). Data on the cost of these permits and associated Habitat Conservation Plans (HCPs) demonstrates a crushing financial barrier, often involving years of delay and hundreds of thousands of dollars in consulting fees, which constitutes a prohibitive economic impact on small and mid-sized landowners .
Our nation’s history proves that when we empower people through freedom and incentive, we unleash the greatest potential for positive change. Therefore, we urge the FWS to set aside the counterproductive, top-down approach and instead adopt and prioritize flexible, incentive-based conservation models. We must champion voluntary conservation partnerships that recognize the critical role of private land in species recovery and offer landowners a seat at the table, not just a set of corrective mandates.
In this spirit, we urge the FWS to find that a designation of Critical Habitat (CH) is not prudent or necessary for the conservation of the species. Given that the snake’s habitat is largely private, the conservation benefit of designating CH is drastically outweighed by the negative commercial and conservation consequences. Restrictive land designations can incentivize landowners to actively avoid conservation by reducing habitat suitability to escape regulation—a documented negative conservation outcome. For the Southern Hognose Snake, voluntary agreements promoting prescribed fire and open-canopy management are far more effective and less costly conservation tools. The final 4(d) rule must be tailored to exempt all routine, low-impact land management activities from “take” prohibitions, thus minimizing economic burden and maximizing voluntary conservation.
This common-sense approach allows us to achieve robust species recovery while fostering a business-friendly environment and upholding the fundamental values of liberty and prosperity. We must choose a path forward that successfully balances species recovery with vital human activity. Let us work together to find market-based solutions that reflect our deep commitment to both conservation and the American way of life.“
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