Habitat Conservation Plan
A Habitat Conservation Plan is a required part of an application for an Incidental Take Permit, a permit issued under the United States Endangered Species Act to private entities undertaking projects that might result in the destruction of an endangered or threatened species. It is a planning document that ensures that the anticipated take of a listed species will be minimized or mitigated by conserving the habitat upon which the species depend, thereby contributing to the recovery of the species as a whole.
Background
The importance of preserving rare species was legally recognized in 1973 when the Endangered Species Act was signed into federal law. The purpose of the ESA is not only to protect species that have been listed as threatened or endangered, but also to conserve the ecosystems upon which those species depend. In aiming to protect species in danger of becoming extinct, the ESA prohibits actions that have the potential to result in a "taking" of any listed species.The term "take" under the ESA refers to any attempt or action involving the harassment, harm, pursuit, hunting, shooting, wounding, killing, trapping, capturing, or collecting of any listed species. Under this definition, the alteration of habitat that results in injury to, or death of, any listed species by preventing essential behavior is considered unlawful "harm". The United States Fish and Wildlife Service and the National Marine Fisheries Service are the lead agencies tasked with the implementation of the ESA and are therefore responsible for regulating prohibited and allowable activities. While the primary objective of the ESA is the protection of endangered species, and the take of such species is considered unlawful, the ESA is not absolute.
In 1982, amendments were made to the 1973 ESA which authorize the Secretary of the Interior and the Secretary of Commerce to allow the take of federally listed species ). When non-federal activities that would otherwise be legal have the potential to result in the take of a listed species for example, they may be allowed under an Incidental Take Permit, obtained through the USFWS. To mitigate the take of listed species, Section 10 of the ESA requires that parties wishing to obtain an Incidental Take Permit must submit a conservation plan, hereafter referred to as a "Habitat Conservation Plan" or "HCP," with their application.
Phases of Developing a HCP
I. Pre-application process
Determine permit applicant(s)/HCP preparer(s)
In determining the party to prepare a HCP and application for an Incidental Take Permit, two primary factors must be considered; first, the party must be capable of overseeing the implementation of the HCP once approved and second, the party must be capable of funding the implementation of the HCP. Beyond these requirements, parties can vary based on the scope of the proposed action. For example, a single landowner may be the sole preparer of a HCP if they intend to obtain an Incidental Take Permit for an action on their own property and they are the only interested party. For large-scale projects such as those covering a region of land rather than a single property, or those with multiple interested parties rather than a single landowner, the permittee may be a group such as a local or governmental agency.Determine the members of the steering committee (optional)
For large-scale projects, applicants have the option of forming a steering committee composed of persons, such as stakeholders, with an interest in the HCP planning area or affected species. The purpose of a steering committee is to provide the applicant with direction, guidance, advice, and assistance in developing the HCP. Although the development and participation of a steering committee is not a requirement in preparing a HCP, it can be found valuable in facilitating the HCP process when multiple groups with differing interests and opinions regarding the project are involved.Consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service
After the applicant and steering committee members have been determined, consultation with USFWS and NMFS is recommended to ensure that responsible parties have a thorough understanding of requirements and resources available for the development phase of the HCP.II. Development process
Generate a species list
Once the applicant has decided to initiate the development of a HCP, they must identify the species of concern that the HCP will be developed for. All federally listed animal species that have the potential to be impacted by the proposed action/project must be included in this list. Additional unlisted species may also be considered in the HCP. Including these additional species may be beneficial in some cases, if the proposed action has the potential to impact species that are not federally listed at the time the HCP is being developed but are anticipated to be listed within the active duration of the permit; in which case, the HCP would need to be revised to include the newly listed species and may further delay the proposed action.Habitat-based approach
An alternative method to developing a HCP for target species of concern is to develop a HCP for a particular habitat type. Under this approach, a specific habitat type found within the HCP area is selected as the focus of the HCP by the permittee and USFWS/NMFS based on the species known to use the habitat. The habitat-based HCP must consider all sensitive species known to use the particular habitat type and all of their habitat-related needs. All species considered within the habitat-based HCP may be included under the Incidental Take Permit. The benefit of developing a habitat-based HCP rather than a species-based HCP is that, if prepared properly, a single HCP would theoretically benefit multiple species or an entire ecosystem rather than only protecting the species listed under the ESA.
Define geographic boundaries
Once the target species or habitat type to be considered in the HCP have been identified, the geographic boundaries of the planning area need to be established. It is important to be precise when defining the land area to which the HCP will apply, with regards to impacts associated with the proposed action, to circumvent potential problems in later phases of the development process. The geographic boundaries of the HCP should encompass all areas that will be directly impacted by the proposed action and any areas where an incidental take has the potential to occur as a result of the proposed action.Gather biological data
After delineating the boundaries of the HCP area and the species within that area to be included in the HCP, current biological information for each of those species must be obtained. Data pertaining to the species' ecology, geographical distribution, and occurrence is required and may be available from existing sources. Guidance for locating this information is provided by USFWS and NMFS. If existing information is not available or sufficient for the requirements of the HCP, biological studies must be completed to supplement this requirement. If a biological study is determined necessary, USFWS and NMFS can suggest appropriate methods based on the species of concern.Discuss proposed activities
After sufficient biological information has been collected for each of the species included in the HCP, the applicant must provide a discussion of all proposed activities that have a potential to result in an incidental take of said species. This portion of the HCP is where the applicant provides a detailed comprehensive description of the proposed action/project, which can vary in depth based on the scale of the project and HCP area. For the purpose of long-term planning, applicants are encouraged to include any actions that they have control over that are reasonably foreseeable to occur during the active permit period.Low-Effect HCP
Due to the varying degrees by which a species may be impacted from a project, the Low-Effect HCP category is established to distinguish projects that are expected to have "minor or negligible effects on federally listed, proposed, or candidate species and their habitats or environmental values or resources". Low-Effect HCPs have a simplified and shortened application/approval process compared to a regular HCP. USFWS and NMFS will review the HCP and determine if it may be considered within the low-effect category or not.
Determine significance of anticipated incidental take
In requesting a permit that will authorize the incidental take of a listed species, the applicant must determine the extent of the potential take. To do this, the methods for calculating incidental take must be established. First, the number of individuals of each species, or number of acres of specific habitat, of concern that occur within the geographic boundaries of the HCP area must be determined. Subsequently, incidental take may be calculated based on the number of animals expected to be "killed, harmed, or harassed" as a result of the proposed action/project. If the applicant is incapable of determining the number of individuals/acres that occur in the area or the number that are expected to be impacted, incidental take may be calculated based on the acres of habitat anticipated to be affected by the proposed project. Once the number of individual species or acres of habitat are confirmed, the probability that proposed activities will result in the take of a species must be evaluated.Develop a mitigation program
After an allowable level of take is determined, the applicant may begin to prepare the mitigation program. Because projects requiring an Incidental Take Permit are so diverse, applicable mitigation measures should be equally diverse; therefore, limits and rules are not established for this process.Common mitigation measures often include the following:
- Avoid the impact
- Minimize the impact
- Rectify the impact
- Reduce/eliminate the impact over time
- Compensate for the impact
Mitigating for habitat loss
Most projects requiring an Incidental Take Permit involve impacts to, or losses of, habitat. Mitigating for habitat loss requires either the replacement or protection of habitat within the HCP area or at another location. This may be accomplished through a variety of methods including:
- Acquiring existing habitat;
- Employing conservation easements to protect existing habitat;
- Improving or restoring degraded habitat;
- Management of habitats to achieve specific conditions; or
- Creating new habitat.
- Habitat Banking- used to mitigate for habitat loss by designating and protecting land through conservation easements within the HCP area during the design phase of the project.
- Mitigation Credit System- uses protected lands as credits available for purchase. This system enables parties capable of protecting large areas to receive monetary gain from other parties requiring habitat mitigation. Likewise, this system is beneficial for parties not capable of protecting sufficient habitat within their HCP area by enabling them to quickly purchase credits that satisfy their mitigation requirements.
- Mitigation Fund- involves making monetary contributions of an established amount to an account that is used as a habitat acquisition fund.