HABITAT CONSERVATION PLANS |
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HABITAT CONSERVATION PLANS
Since the Endangered Species Act (ESA) recognizes the ecological, cultural, educational and scientific importance of our threatened and endangered species, they have given us the HCP process as a tool to help us protect these plants, animals and habitats. The plan guides you in outlining a conservation program that minimizes and mitigates harm to species from activities and projects on the land by an individual or entity.
Why do you need to know this? Because sometimes you (as an individual or business)might be carrying out your normal legal activities that leads to an interaction with one of these species which will result in a “take” of one or more endangered species legally protected under the ESA. You can comply with the law by applying for an Incidental Take Permit (ITP)and Incidental Take License (ITL) and completing a HCP which will allow you to continue your daily activities as well as protect endangered species.
Why do you need to know this? Because sometimes you (as an individual or business)might be carrying out your normal legal activities that leads to an interaction with one of these species which will result in a “take” of one or more endangered species legally protected under the ESA. You can comply with the law by applying for an Incidental Take Permit (ITP)and Incidental Take License (ITL) and completing a HCP which will allow you to continue your daily activities as well as protect endangered species.
Photo: Jason Crotty flickr CC 2.0
WHAT DOES AN HCP DO?
Since the Endangered Species Act (ESA) recognizes the ecological, cultural, educational and scientific importance of our threatened and endangered species, they have given us the HCP process as a tool to help us protect these plants, animals and habitats. The plan guides you in outlining a conservation program that minimizes and mitigates harm to species from activities and projects on the land by an individual or entity.
Why do you need to know this? Because sometimes you (as an individual or business) might be carrying out your normal legal activities that leads to an interaction with one of these species which will result in a “take” of one or more endangered species legally protected under the ESA. You can comply with the law by applying for an Incidental Take Permit (ITP)and Incidental Take License (ITL) and completing a HCP which will allow you to continue your daily activities as well as protect endangered species.
Why do you need to know this? Because sometimes you (as an individual or business) might be carrying out your normal legal activities that leads to an interaction with one of these species which will result in a “take” of one or more endangered species legally protected under the ESA. You can comply with the law by applying for an Incidental Take Permit (ITP)and Incidental Take License (ITL) and completing a HCP which will allow you to continue your daily activities as well as protect endangered species.
TAKE“Take” is defined by the ESA as any action which results in harming, harassing or killing a wildlife species or, in some circumstances, destroying its habitat. Violations of these rules can result in fines or jail time, which is why you want to apply for an ITP if you think think your actions or activities might fall into this category.
INCIDENTAL TAKE PERMITSDo you think you are conducting legal activities on your property that might result in the “take” of threatened or endangered species?
Then you might need to apply for an Incidental Take Permit (ITP). ITPs are issued to private entities (non-federal) undertaking actions that might impact endangered/threatened species. They help minimize the “incidental take” ("take" during otherwise lawful activities) of a listed species. This permit is issued under the US Endangered Species Act (ESA)and allows this “take” as long as the landowner is complying with the terms and conditions of the permit. |
MITIGATIONMitigation is a term for actions, steps or measures aimed at compensating for any expected Take. Steps may include preservation of existing habitat, restoration of former habitat, or the creation of new habitat. Other types of mitigation may be the establishment of buffer areas around existing habitat, modifications of land use practices, and restrictions on access.
NO SURPRISESWe all know that our natural environment cannot always be predicted and can surprise us in both positive and negative ways. Because of this, the ITP guarantees the applicants that no additional resources will be required should any unforeseen circumstances arise during the term of the permit.
This ‘No Surprises’ clause states that as long as the conditions of the ITP are met, the applicants will be protected from any unexpected changes that may happen to the species or its habitat. Habitat Conservation Plan Assurances ("No Surprises") Rule (63 FR 8859, Feb. 23, 1998) https://www.gpo.gov/fdsys/granule/FR-1998-02-23/98-4367 |
Header photo: Bruce Fulton flickr CC BY-NC-ND 2.0
