Habitat Conservation Plan
Encyclopedia
A Habitat conservation plan (HCP) is a plan prepared under the Endangered Species Act
(ESA) by nonfederal parties wishing to obtain permits for incidental taking
of threatened and endangered species
.
In 1982, Congress amended the ESA to enhance the permitting provisions of the act in Section 10 and intended, in part, to provide landowners with incentives to participate in endangered species conservation. A landowner prepares a "Habitat Conservation Plan" that meets statutory criteria and can then obtain the "incidental take permits" that allow otherwise prohibited impacts to endangered, threatened and other species covered in the permitting documents. Each conservation plan must specify: the impacts to species that will occur; the steps taken to minimize and mitigate
the incidental take; the funding available; alternative actions that were considered, but not taken; and other necessary and appropriate measures. After review of a proposed conservation plan, US Fish and Wildlife Service or the National Marine Fisheries Service
(the two federal agencies authorized by the ESA to carry out the law) may issue an incidental take permit upon making the statutorily required "findings," including a determination that the incidental taking "will not appreciably reduce the likelihood of the survival and recovery of the species in the wild.".
The Endangered Species Act also empowers FWS or NMFS to include "terms and conditions" in the incidental take permits as necessary or appropriate. Among those terms and conditions are "no surprises assurances," issued in accordance with Federal regulations. These regulations allow for assurances to be given to private landowners that if "unforeseen circumstances" arise, the federal agencies will not require the commitment of land, water or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the levels otherwise agreed to in the conservation plan, without the consent of the permittee.
Endangered Species Act
The Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and...
(ESA) by nonfederal parties wishing to obtain permits for incidental taking
Incidental Take Permit
An incidental take permit is a permit issued under Section 10 of the Federal Endangered Species Act to private, non-federal entities undertaking otherwise lawful projects that might result in the take of an endangered or threatened species...
of threatened and endangered species
Endangered species
An endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters...
.
In 1982, Congress amended the ESA to enhance the permitting provisions of the act in Section 10 and intended, in part, to provide landowners with incentives to participate in endangered species conservation. A landowner prepares a "Habitat Conservation Plan" that meets statutory criteria and can then obtain the "incidental take permits" that allow otherwise prohibited impacts to endangered, threatened and other species covered in the permitting documents. Each conservation plan must specify: the impacts to species that will occur; the steps taken to minimize and mitigate
Environmental mitigation
Environmental mitigation, compensatory mitigation, or mitigation banking, are terms used primarily by the United States government and the related environmental industry to describe projects or programs intended to offset known impacts to an existing historic or natural resource such as a stream,...
the incidental take; the funding available; alternative actions that were considered, but not taken; and other necessary and appropriate measures. After review of a proposed conservation plan, US Fish and Wildlife Service or the National Marine Fisheries Service
National Marine Fisheries Service
The National Marine Fisheries Service is a United States federal agency. A division of the National Oceanic and Atmospheric Administration and the Department of Commerce, NMFS is responsible for the stewardship and management of the nation's living marine resources and their habitat within the...
(the two federal agencies authorized by the ESA to carry out the law) may issue an incidental take permit upon making the statutorily required "findings," including a determination that the incidental taking "will not appreciably reduce the likelihood of the survival and recovery of the species in the wild.".
The Endangered Species Act also empowers FWS or NMFS to include "terms and conditions" in the incidental take permits as necessary or appropriate. Among those terms and conditions are "no surprises assurances," issued in accordance with Federal regulations. These regulations allow for assurances to be given to private landowners that if "unforeseen circumstances" arise, the federal agencies will not require the commitment of land, water or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the levels otherwise agreed to in the conservation plan, without the consent of the permittee.
See also
- Critical habitatCritical habitatCritical habitat is a habitat area essential to the conservation of a listed species, though the area need not actually be occupied by the species at the time it is designated. This is a specific term and designation within the U.S...
- ESAEndangered Species ActThe Endangered Species Act of 1973 is one of the dozens of United States environmental laws passed in the 1970s. Signed into law by President Richard Nixon on December 28, 1973, it was designed to protect critically imperiled species from extinction as a "consequence of economic growth and... - Habitat (ecology) terminology
- Habitat conservationHabitat conservationHabitat conservation is a land management practice that seeks to conserve, protect and restore, habitat areas for wild plants and animals, especially conservation reliant species, and prevent their extinction, fragmentation or reduction in range...
- Incidental Take PermitIncidental Take PermitAn incidental take permit is a permit issued under Section 10 of the Federal Endangered Species Act to private, non-federal entities undertaking otherwise lawful projects that might result in the take of an endangered or threatened species...
- Restoration ecologyRestoration ecology-Definition:Restoration ecology is the scientific study and practice of renewing and restoring degraded, damaged, or destroyed ecosystems and habitats in the environment by active human intervention and action, within a short time frame...