Habitat Conservation Plans

Scope

Habitat Conservation Plans are crucial tools under the United States Fish and Wildlife Service (USFWS) to manage and conserve habitats and species listed as threatened or endangered under the Endangered Species Act (ESA). HCPs are developed by landowners, developers, and other stakeholders to outline strategies for minimizing and mitigating the impacts of their activities on these species and their habitats. HCPs are authorized under Section 10 of the ESA. To qualify for an incidental take permit (ITP) under Section 10, an HCP must meet specific criteria outlined in the ESA.

Regulatory citations

• 50 CFR Part 17 — Conservation of Endangered and Threatened Species (USFWS)
• 50 CFR Part 402 — Interagency Cooperation - Endangered Species Act of 1973, as Amended (NOAA)

Key definitions

• Import: To land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the tariff laws of the United States.
• Injurious wildlife: Any wildlife for which a permit is required under subpart B of part 16 of this subchapter before being imported into or shipped between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States.
• Take: To pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.

Summary of requirements

• HCP development involves several key steps:
• Identifying the species that may be affected by the proposed activities.
• Assessing the potential impacts of these activities on the species and their habitats.
• Developing strategies to minimize and mitigate these impacts.
• Creating a plan for monitoring and adaptive management.

Covered species. An HCP specifies the species that are likely to be affected by the proposed activities. It may include not only listed species but also other species of concern in the affected area.

Conservation measures. HCPs outline the specific measures that will be implemented to protect and conserve the covered species and their habitats. These measures can include habitat restoration, land acquisition, invasive species control, and more.

Mitigation and monitoring. HCPs establish a monitoring program to track the effectiveness of the conservation measures. If additional conservation efforts are needed or if impacts exceed what was anticipated, adaptive management strategies may be employed.

Duration and implementation. HCPs are typically long-term plans that can extend for several decades. The permittee must implement the plan’s measures consistently throughout its duration.

Permit issuance. Once an HCP is developed and meets all the ESA requirements, the USFWS may issue an incidental take permit. The permit allows the permittee to legally “take” (harm, harass, or kill) a limited number of listed species or their habitats, provided that the HCP’s conservation measures are followed.

Public participation. Public input and consultation with other federal agencies are key components of HCP development. Stakeholders, including the public, are often encouraged to provide feedback during the planning process.

Funding and implementation responsibility. The permittee is responsible for funding and implementing the HCP, including the monitoring and reporting requirements.

Compliance and reporting. The permittee must regularly report to the USFWS on the progress of HCP implementation and the status of covered species.

Revocation and amendment. HCPs can be amended if changes are needed due to new information or changing circumstances. The USFWS has the authority to revoke a permit if the permittee fails to adhere to the conditions of the HCP. Habitat Conservation Plans play a crucial role in balancing the need for development and land use with the protection and conservation of endangered and threatened species and their habitats. They provide a structured framework for stakeholders to work collaboratively with regulatory agencies like the USFWS to achieve these conservation goals while allowing certain activities to proceed. The specifics of HCPs can vary widely depending on the unique circumstances of each project and the species involved.

Penalties. Violating the terms and conditions of an HCP can have legal consequences, including penalties. Here are some potential penalties for breaking an HCP:

• Civil penalties - Individuals or entities that violate the terms of an HCP may be subject to civil penalties. These penalties can vary depending on the severity of the violation and the specific circumstances but can include fines imposed by regulatory agencies.
• Revocation of permits - If a permittee breaches the conditions outlined in the HCP, the permit issued under the Endangered Species Act (ESA) may be revoked. This can result in the immediate cessation of activities that were permitted under the HCP.
• Injunctions and court orders - Regulatory agencies or conservation organizations may seek injunctive relief or court orders to stop or rectify violations of HCPs. These orders may require the violator to take corrective actions to mitigate the harm done to protected species or habitats.
• Criminal penalties - In some cases, intentional and severe violations of HCPs may lead to criminal charges. Criminal penalties can include fines, imprisonment, or both, depending on the seriousness of the offense.
• Additional restoration or mitigation - Violators may be required to undertake additional restoration or mitigation efforts to compensate for the harm caused to protected species or habitats. This can include habitat restoration, captive breeding programs, or other conservation activities.