Habitat Conservation Plans

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U.S. Fish & Wildlife Service Habitat Conservation Plans Working Together for Endangered Species “Open spaces protect our natural resources, limit urban sprawl, and truly enhance our quality of life. At the same time, we can take satisfaction in knowing that future generations will have opportunities to visit pristine preserve areas to enjoy and learn about precious wildlife. I am proud to be a part of the Multiple-Species Conservation Program.”

—San Diego County Supervisor Dianne Jacob

“The Multiple-Species Conservation Program is a landmark program. Partnerships among public and private stakeholders with diverse interests make it a national award-winning initiative.”

—San Diego County Supervisor Pam Slater-Price

On the cover: Aerial view of San Miguel Mountain and surrounding communities in San Diego County, California, showing urban development and open space. A key feature of the San Diego Multiple-Species Conservation Program is a system of natural “preserves.” USFWS photo Table of Contents

A Message from the Director of the U.S. Fish and Wildlife Service ...... 1

Overview ...... 2

Beneﬁ ts of Habitat Conservation Plans for Wildlife, Landowners, and Communities ...... 2

The Challenges ...... 3

Habitat Conservation Plans around the Country

San Diego Multiple-Species Conservation Program: a 50-Year Plan for Growth ...... 4

Cyanotech: Algae Aquaculture and Endangered Hawaiian Stilts ...... 6

Magic Carpet Woods Association: Woods, a Beach, Piping Plovers, and Homes ...... 8

Culebra Northshore Habitat Conservation Plan: Homes and Sea Turtles in Puerto Rico ...... 9

Lenox Village Habitat Conservation Plan: Green Space, People, and Nashville Crayﬁ sh ...... 10

Snowshoe Mountain Resort: a Vacation Place for People, a Home for Northern Flying Squirrels ...... 12

Plum Creek Timber Company: a Landscape-Level Habitat Conservation Plan for Native Fish ...... 14

Green Diamond Resource Company’s Habitat Conservation Plan: Fish and Forests on the Olympic Peninsula ...... 15

Questions and Answers ...... 17

For More Information about Habitat Conservation Plans ...... 20

Locations of Habitat Conservation Plans ...... 21

Habitat Conservation Plans i Swan Valley, Montana: Plum Creek Timber Company property (see p. 14) © Mike McMurray, MEI Productions ii A Message from the Director of the U.S. Fish and Wildlife Service

Who would have thought that three Today, individual homeowners, endangered species—including two counties, states, and corporations butterfl ies—could launch a new have developed what have come to way of looking at development and be known as Habitat Conservation conservation? Plans or “HCPs.” Some are as small as a fraction of an acre, while That’s what happened more than 20 others are larger than a million years ago in California. Together, acres. Landowners are preparing one county, three cities, and private HCPs in connection with building landowners and developers made golf courses, harvesting timber, sure that builders could plan for managing ranches, operating 3,000 homes and that mission nurseries, producing gas and oil, and blue butterfl ies, San Bruno elfi n constructing businesses and utilities. butterfl ies, and San Francisco garter And the open spaces created through snakes wouldn’t go extinct. While the conservation planning process providing for construction in less provide recreational opportunities sensitive areas, the plan set aside including hunting, fi shing, birding, important habitat on San Bruno and hiking. For example, in Mountain, including large portions Georgia, a private landowner is USFWS Harless, Todd that were privately owned. restoring longleaf pine forests on his property under a statewide Habitat More than 400 HCPs are in effect Congress liked the partnership. Conservation Plan for endangered from coast to coast. One executive It became a model for the nation. red-cockaded woodpeckers. In the observed that his company had In 1982, Congress amended the process, the habitat is improving for grown after its HCP had been Endangered Species Act to allow quail, a game species that his family approved. Providing for the needs incidental take permits to be given enjoys hunting. of people can be both economically to private landowners who establish profi table and environmentally “conservation plans.” These permits That’s an important part of HCPs: responsible. give landowners certainty that they stakeholders create them. People will not be liable if their otherwise closest to the issues are making We hope that the following examples lawful activities incidentally harm decisions for their communities well will encourage you to explore how endangered or threatened species. into the future. Now that green Habitat Conservation Plans can Congress termed conservation plans space has taken on a new emphasis, work for you. “creative partnerships.” partners are setting aside natural areas as amenities—not just for Under the new amendment, the wildlife, but for people. Working San Bruno Mountain conservation together, companies, business and plan, with a life of 30 years, received recreational interest groups, tribes, the fi rst incidental take permit. and local, state, and federal agencies Confi dent that their long-term are crafting stewardship solutions Steve Williams, Director projects were in keeping with that look decades ahead. U.S. Fish and Wildlife Service the Act, people had incentives to participate in plans that could involve millions of dollars.

Habitat Conservation Plans 1 Overview

Habitat Conservation Plans under the Endangered Species Act provide a framework for people to complete projects while conserving at-risk species of plants and animals. Congress envisioned Habitat Conservation Plans as integrating development and land-use activities with conservation in a climate of cooperation.

The Endangered Species Act protects endangered and threatened species of wildlife and plants. Without a permit, it is unlawful to “take” listed wildlife species. That means that people may not harm the species or kill them, or attempt to do so.

The need for HCPs arises from the Austin Josiah Mrs. and Mr. © fact that listed species live wherever “The beauty of the HCP is that it not only protects these incredibly unique they fi nd suitable habitat, without fi sh but it ensures that the Austins can manage their land and water the regard to who owns it. Before HCPs way they need to. I think the HCP is working exactly as planned.”—Kirk became a reality, people who were Young, Chief, Native Fish Program, Arizona Game and Fish Department. interested in developing private land that was home to endangered or threatened species risked breaking Benefi ts of Habitat Conservation the law. Plans for Wildlife, Landowners, and Communities Congress recognized this dilemma Habitat Conservation Plans can and amended the Endangered help communities plan economic Species Act to allow the Fish and development while ensuring the Wildlife Service to issue incidental future of endangered and threatened take permits to landowners who species. Through large-scale HCPs, develop Habitat Conservation Plans. stakeholders chart landscape-level

HCPs provide a framework for strategies and conserve biological Rinne John © creative partnerships with the goal diversity. The endangered Yaqui chub thrives of reducing confl icts between listed on the Austins’ El Coronado ranch. species and economic development. By protecting habitat and preventing the decline of sensitive species, HCPs can help preclude the need Finally, HCPs protect people from for listings under the Endangered legal liability. In Arizona, ranchers Species Act. Early conservation developed an HCP to provide measures help maintain healthy certainty that they could continue ecosystems–valuable green- their cattle ranching activities, space that states and counties are confi dent that they were consistent increasingly seeking to protect— with the Endangered Species Act. while they provide for new residents As part of the HCP, they constructed and businesses. For HCPs that cross water structures for native fi sh and jurisdictional boundaries, a regional released endangered Yaqui chub and approach streamlines the permit other at-risk species into ponds on process–and saves time and money. their property.

2 Habitat Conservation Plans Overview

The HCP facilitated a partnership the likelihood of the survival and with the Forest Service and the recovery of at-risk species. HCPs Arizona Department of Fish and provide solutions that may prevent Game. The ranchers had been legal battles by changing litigation to stewards through the years–and collaboration. still are. As a state biologist said, “The key element here is HCPs bring together people who that private landowners had a might not otherwise know one conservation opportunity and the another but come to understand [incidental take] permit provided each other’s viewpoints. “It’s been the insurance that they needed to a pretty good lesson for all of continue their management activities us,” one participant said. Among for listed ﬁ sh.” stakeholders nationwide are timber companies, plant conservation The Challenges societies, mining interests, off- By creating HCPs, Congress road vehicle enthusiasts, home recognized that economic builders, hunting and angling

development can occur alongside groups, ranchers, ﬁ sheries USFWS Coleman, Stephanie endangered species conservation. biologists, water quality specialists, Jim Brooks, U.S. Fish and Wildlife The challenge is to make the process county commissioners, a health- Service biologist, celebrates the release work—to ensure that development supplements company, university of Yaqui catﬁ sh on the Austins’ El activities do not appreciably reduce professors, and private citizens. Coronado ranch in southeast Arizona. © Mr. and Mrs. Josiah Austin Austin Josiah Mrs. and Mr. © This lush green area in arid Arizona is Turkey Creek, restored thanks to diversion dams and watershed management.

Habitat Conservation Plans 3 San Diego Multiple-Species Conservation Program: a 50-Year Plan for Growth

Home to 2.9 million residents, with permits took too long. Now, habitat- “Ironically, a million more expected by 2020, wide, the program has demonstrated listing the coastal San Diego County, California, is success, setting aside land that is also home to diverse species of the most ecologically important California plants and animals. The combination and building much-needed gnatcatcher as of a fast-growing area and great new homes in less sensitive threatened provided an biological diversity could have meant areas,” said Craig incentive to accelerate an unresolvable conﬂ ict between Benedetto, Executive regional planning,” said development and conservation. Director of the Bill Tippets, California Instead, the combination resulted Alliance for Department of Fish and in planning for the long-term well- Habitat Game. being of people, the economy, and the natural resources of southern the conservation- California. Saving open space and Conservation, an planning connected ecosystems, stakeholders organization of county business,” said created the Multiple-Species landowners. A key feature is a Dan Silver, Director of Policy and Conservation Program, designed 172,000-acre interconnected Programs of the Endangered to promote economic growth and preserve system that Habitats League, a conservation preserve biodiversity. crosses many jurisdictional group. “Coastal southern California boundaries. has a depleted landscape, so the

eterson “Before the program, you basically P ability to put together a reserve got fragmented open space that “The program brings area system came along in the nick of

wasn’t worth much from an governments that have Moose time. By providing coverage for ecological standpoint—and issuing land-use authority into B. multiple species, the ecosystem © approach avoids the listing-of-the- month. Not only that, but the open space being preserved has become a major community amenity with the beneﬁ t of making the region more economically competitive.”

A California Fish and Game Department biologist noted that the planning process puts biology on the level of issues such as general land- uses and trafﬁ c patterns, integrating them for the long term. This is a big beneﬁ t in establishing predictability. At the same time, stakeholders make planning decisions using the program as a framework. HCPs can be catalysts for creative management through stakeholder- developed solutions. © San Diego County Multiple-Species ConservationMultiple-Species County Program Diego San © Environmental education at Steltzer County Park.

4 Habitat Conservation Plans San Diego Multiple-Species Conservation Program: a 50-Year Plan for Growth

“Overall coordination between stakeholders is higher than it’s ever been,” said Keith Greer, Program Manager for the Multiple-Species Conservation Program for the City of San Diego. “Endangered species have become an integral component of plans. Now, people pick up the phone to talk about issues.”

Designed to conserve coastal sage scrub, chaparral, oak woodlands, riparian corridors, freshwater marshes and grasslands, along with two dozen other vegetative communities, the Habitat Conservation Plan includes many endangered and threatened species, as well as some species that are not listed in an effort to keep them from declining to the point that they need

state or federal protection. The plan Diego. San of City Balo, Kelly © area is 582,243 acres of habitat for Keith Greer and Chad Kane of the City of San Diego use a global positioning the coastal California gnatcatcher, system to document locations of the endangered willowy monardella during least Bell’s vireo, Otay mesa-mint, ﬁ eld surveys. arroyo toad, San Diego fairy shrimp, Nevin’s barberry, and 80 unlisted species. In 2002, the National Association of Counties honored San Diego “Although the planning areas County’s Multiple Species may not have the same obvious Conservation Program with an qualities of national parks with their achievement award in its County charismatic animals and unique land Model Program. forms, people have come to recognize lesser-known endangered and sensitive species and their habitats for their ecological resource values,” said Bill Tippets, Environmental Program Manager for the California Department of Fish and Game.

The San Diego County Board of Supervisors, the Sierra Club, the Building Industry Association, the San Diego Association of Governments, and San Diego Gas and Electric Company are some of the plan stakeholders.

Habitat Conservation Plans 5 Cyanotech: Algae Aquaculture and Endangered Hawaiian Stilts

What do endangered Hawaiian stilts have in common with a company that makes health supplements? They both like shallow wetlands that produce algae.

On the Big Island of Hawaii, Cyanotech Corporation developed a Habitat Conservation Plan for the wading birds after the business expanded its algae production ponds from 10 to 90 acres and the stilts moved in.

“When the Hawaiian stilts arrived, we called the Fish and Wildlife Service,” said Dr. Gerald Cysewski, chief executive ofﬁ cer of the company. “The Service suggested that we contact Ducks Unlimited and the Hawaii Division of Forestry

and Wildlife, something that we did. Corporation Cyanotech © Then we created a safe area for the Tanks of microalgae are processed into nutritional supplements at birds. Wildlife authorities worked Cyanotech’s Kailua-Kona facility. well with this private business, and the stilts have done well!” he said.

“If you provide food and water, they will show up,” commented Fish and Wildlife Service biologist James Kwon. “This experience has been educational in terms of habitat restoration elsewhere. Nesting and foraging areas at the Cyanotech facility have done wonders for recovery. The site has produced 237 birds in ﬁ ve years.”

Thanks to the Habitat Conservation Plan, the ﬁ rst in Hawaii, the birds now have their own 1.7-acre wetland, established and managed just for them. Key features of the “safe area” are its mud ﬂ ats for nesting and shallow foraging areas away from the algae-production ponds, where chicks could drown in the

fast-moving water of the raceways. DeMello John © To keep the stilts away from the A Hawaiian stilt checks the eggs in its nest.

6 Habitat Conservation Plans Cyanotech: Algae Aquaculture and Endangered Hawaiian Stilts Jeff Newman, USFWS Newman, Jeff Biologists Scott Waddington, Cyanotech Corporation; Paul J. Conry, Division of Forestry and Wildlife; and James Kwon, U.S. Fish and Wildlife Service, visit Cyanotech’s microalgae production site. raceways, Cyanotech employees that could prey on the birds. These create human disturbance by driving management activities explain why golf carts along the land-strips that the stilts have ﬂ ourished at their new separate the ponds. home.

In January, Cyanotech’s biologists In 2001, the Hawaiian Audubon fl ood the pond before the breeding Society honored Cyanotech with its season. Then, to encourage Corporate Conservation Award after invertebrates, biologists draw down the company’s initiatives resulted in the water and add algae—a sort of an increase of 194 stilts, more than natural nutrition supplement—to 10 percent of the state’s population! increase the foraging areas for The Habitat Conservation Plan stilt chicks whose diet is small is authorized for three years, to fi sh, brine fl y larvae, and water provide a period short enough to insects. Along with monitoring the evaluate the effects of the improved number of chicks that hatch and habitat and monitoring activities. fl edge, biologists trap animals such Given the number of fl edglings as the Indian mongoose, a species produced the fi rst year, Cyanotech introduced to control rats on sugar has the option of not managing the plantations, and also feral cats nesting area for the next two years.

Habitat Conservation Plans 7 Magic Carpet Woods Association: Woods, a Beach, Piping Plovers, and Homes

In Michigan, building homes with access to a beach that is potential habitat for endangered piping plovers can be compatible with the recovery of the species. The key is preparing for contingencies, something that Frank Petty of the Magic Carpet Woods Association is doing.

Mr. Petty wants to retain the natural qualities of the property that his family has owned for 30 years along a half-mile of Lake Michigan shoreline while providing for low- density residential use. Plans for the 91-acre site allow for 13 houses overlooking Lake Michigan and protect the adjacent open-dune and beach habitat, along with any piping plovers that may frequent the

area. Plovers now use the adjacent USFWS Dingledine, Jack Leelanau State Park beach for Frank Petty, Magic Carpet Woods Association, and Craig Czarnecki, nesting and may forage or even nest U.S. Fish and Wildlife Service, at the steps of the ﬁ rst home built under on the Magic Carpet Woods beach in the Habitat Conservation Plan. the future.

“The ﬁ rst house is nearing completion, and the owner is thrilled,” Mr. Petty said. “Our original plan was to do something good with a conservation easement on the forested portion of the property. That was important to establish the tone of the area. Working with the Fish and Wildlife Service, the idea expanded to include a conservation plan for the beachfront area and the potential plover habitat,” he added. “We’re keeping the lake-front sites at least 175-feet wide to preserve the character of the place,” he said.

The HCP includes conservation measures that are designed to enhance and protect the piping plover habitat adjacent to the

housing development. These USFWS Fasbender, Peter measures include monitoring the Lake Michigan’s Leelanau State Park: quality piping plover habitat habitat and keeping predators immediately adjacent to the Magic Carpet Woods HCP property.

8 Habitat Conservation Plans Magic Carpet Woods Association: Woods, a Beach, Piping Plovers, and Homes

away from any nests that plovers may make. In addition, the HCP provides measures intended to protect the threatened Pitcher’s thistle, including a boardwalk through the open dunes system. The Michigan Department of Natural Resources and the Fish and Wildlife Service have developed an education program for both species to help people recognize and protect them. © John H. Gavin H. John © An endangered piping plover.

Culebra Northshore Habitat Conservation Plan: Homes and Sea Turtles in Puerto Rico

Like the Magic Carpet Woods saving the nearby forest as a are planning a second home or Habitat Conservation Plan, buffer against erosion. a retirement home, people want the ﬁ rst HCP in the Caribbean the best possible guarantee that establishes conservation areas “Conservation is economically the environment will remain adjacent to beachfront homes. important,” said Bill Mailloux, pristine forever.” Having a formal architect and builder. “People conservation plan in place gives In the Culebra HCP, the permit- who come here are looking for potential buyers peace of mind in holder is managing the beach for beautiful, natural areas. They knowing that the natural beauty the continued use of endangered like the idea of seeing sea turtles that attracted them to the area hawksbill and leatherback sea and having tropical forests as will remain unspoiled. turtles by, among other provisions, their surroundings. When they

The ﬁ rst home built at Culebra An endangered leatherback An endangered hawksbill Northshore. sea turtle. sea turtle. © Bill Mailloux © Matthew Godfrey, Sea Turtle Program © Michelle Schärer, University of Puerto Rico Coordinator, North Carolina Wildlife Resources Commission

Habitat Conservation Plans 9 Lenox Village Habitat Conservation Plan: Green Space, People, and Nashville Crayﬁ sh

In Nashville, when Regent Development began to plan Lenox Village—with houses, offi ces, and stores—the company experienced a couple of unexpected developments of its own. A fi ve-acre farm pond on the site turned out to be home to a remnant population of endangered Nashville crayfi sh, isolated decades earlier when a dam was built on a Mill Creek tributary. Not only that, the dam was leaking. Terming the dam a safety hazard, Tennessee authorities told the landowner that it had to be repaired or replaced.

That’s when Regent Development, the Tennessee Wildlife Resources Agency, the Tennessee Department of Environment and Conservation, and the Fish and Wildlife Service started talking. The result is a Habitat Conservation Plan for 101 acres including an intermittent stream that the company calls “an amenity for the community.”

“The Habitat Conservation Plan gave us a means to make our concept a reality,” said Rick Blackburn of Regent Development. “We will improve the stream that runs through the site to beneﬁ t the environment and the community. At the same time, we’ll keep the Nashville crayﬁ sh as part of Lenox Village.”

The HCP requires the company to restore the stream to its meandering status with pools and rifﬂ es near a forested hillside and establish a stream side buffer as a common area that the home owners’ association Doug Winford, USFWS Winford, Doug Developers Rick Blackburn and Dave McGowan at the entrance to Lenox Village. With 15 acres of green space, the planned community received a design award from the Middle-Tennessee Chapter of the American Institute of Architects.

10 Habitat Conservation Plans Lenox Village Habitat Conservation Plan: Green Space, People, and Nashville Crayﬁ sh

will protect in perpetuity, in keeping with a conservation easement. Trees native to Tennessee—such as sycamores, willows, oaks, and maples—will provide a buffer along the restored stream. Signs along the stream will let people know the needs of the crayﬁ sh.

Biologists expect downstream crayﬁ sh to recolonize the restored habitat, along with crayﬁ sh relocated from other projects. © Rick Blackburn, Lenox Village Blackburn,Lenox Rick © This entrance to Lenox Village shows some of the green space incorporated into the development.

The endangered Nashville crayﬁ sh is also protected as a state endangered species. The TennesseeTennessee WWildlifeildlife Resources Agency,Agency, TTennesseeennessee Department of Environment and Conservation,Conservation, and the U.S. Fish and WWildlifeildlife ServiceService are monitoring the species. Tim Merritt,USFWS Tim

Habitat Conservation Plans 11 Snowshoe Mountain Resort: a Vacation Place for People, a Home for Northern Flying Squirrels

“This project is a very important squirrels while building 55 homes and Cheat Mountain salamanders, one for us,” says Bruce Pittet, Vice near the summit of Cheat Mountain a threatened species, while doing President and General Manager of in Pocahontas County. Known surveys for a 3-mile extension West Virginia’s Snowshoe Mountain especially for its skiing, Snowshoe is of an access road. On learning Resort. “The Camp Wilderness a four-season resort in the Allegheny of the listed species, Snowshoe’s Habitat Conservation Plan is the Mountains. Created 30 years engineering and planning staff beginning of a partnership with the ago, Snowshoe Mountain Resort members contacted the West U.S. Fish and Wildlife Service.” This is adjacent to the 900,000-acre Virginia Field Offi ce of the Fish is the fi rst Habitat Conservation Monongahela National Forest. and Wildlife Service. They decided Plan in West Virginia. to reroute the new road to provide In 2000, the West Virginia initial protection for the squirrels Mr. Pittet is referring to a plan Department of Highways and salamanders. Then, looking that Snowshoe Resort developed discovered northern fl ying ahead, they developed the Habitat to save endangered northern fl ying squirrels, an endangered species, Conservation Plan. © Snowshoe Mountain Resort Mountain Snowshoe © Snowshoe condos at the top of the mountain and ski trails in the foreground.

12 Habitat Conservation Plans Snowshoe Mountain Resort: a Vacation Place for People, a Home for Northern Flying Squirrels

The 24-year incidental take permit with endangered species issues is enables Snowshoe Mountain important to our resort community. Resort to build Camp Wilderness, After all, the company motto is a community of townhouses and ‘Forever Wild.’” condominiums, on 39 forested acres while it protects 85 acres of habitat “Snowshoe Mountain has done an in perpetuity for the fl ying squirrels excellent job in responding to the through a conservation easement. needs of this endangered species,” says Shane Jones of the Fish and “We are working closely with Wildlife Service. “Because West Service staff members because we Virginia northern fl ying squirrels want to continue to be good stewards are so mobile, as long as you take on our 11,000 acres,” says Jason appropriate measures and provide Brown, Snowshoe’s Director of suitable habitat, the animals will do Engineering and Planning. “We’re in very well on their own.” a growth period and staying current Larry Master, USFWS LarryMaster, Resort Mountain Snowshoe © Northern fl ying squirrels den in the Snowshoe Mountain Resort’s Jason Brown and the Fish and Wildlife trees by day and are active at night. Service’s Shane Jones discuss placement of one of the nest boxes.

Habitat Conservation Plans 13 Plum Creek Timber Company: a Landscape-Level Habitat Conservation Plan for Native Fish

In a landscape-level Habitat Conservation Plan for native ﬁ sh in the Northwest, Plum Creek Timber Company is managing forests and water for species such as bull trout, steelhead, and redband trout. While ensuring sustained timber production and business certainty, the HCP protects salmon-family species on 1.4 million acres in Montana and 40,000 acres in Idaho.

“The second-largest owner of land with bull trout after the federal government, Plum Creek Timber Company came to the Fish and Wildlife Service, saying that it wanted to be known as the company that could operate on land with endangered species,” said Service biologist Ted Koch in Boise, Idaho.

“Developing our Habitat

Conservation Plan was ground- Lane Laurie © based, and it took two years, but the A winter view of Plum Creek land near Missoula, Montana. Fish and Wildlife Service encouraged us. We had 130 public hearings so that people could comment,” said Bob Jirsa, Plum Creek’s Director of Corporate Affairs.

Now, after two years, results are good. Plum Creek has consultants monitoring stream temperatures, channel migration, and sediment loads. “The native ﬁ sh HCP concentrates on retaining trees along streams to maintain cool water and ﬁ sh habitat that wood creates when it naturally falls into streams,” said Bob Ries, National Oceanic and Atmospheric Administration–Fisheries biologist. “Other conservation initiatives are eliminating unnecessary © Laurie Lane Laurie © Plum Creek biologist Ron Steiner, hydrologist Brian Sugden, and U.S. Fish and Wildlife Service biologist Robert Lee review road drainage improvements in the West Twin Creek watershed.

14 Habitat Conservation Plans Plum Creek Timber Company: a Landscape-Level Habitat Conservation Plan for Native Fish

roads, reducing erosion from their surfaces, and directing runoff away from stream channels to minimize sedimentation. Plum Creek is continuing a range of practices for road management, maintenance, and construction to ensure good habitat conditions.” Fish and Wildlife Service biologists monitor the HCP on this extensive privately-owned landscape and assist Plum Creek in conducting adaptive management activities.

The company responded to customers’ interest in environmentally friendly products while ﬁ nancial literature

has cited it as a good investment Laboratory, Sciences Forestry Boise Dunham, Jason © Service Forest U.S. opportunity. In the past few years, A school of bull trout making a spawning run.

Green Diamond Resource Company’s Habitat Conservation Plan: Fish and Forests on the Olympic Peninsula

In one of the fi rst Habitat Conservation Plans primarily for native fi sh in the Pacifi c Northwest, the Green Diamond Resource Company (formerly part of Simpson Resource Company) is managing forests and streams for salmon, bull trout, and sea-run cutthroat trout—species that live in the ocean but return to fresh water to spawn. Green Diamond’s Habitat Conservation Plan includes other wildlife, too, while providing for timber harvest across a 260,000-acre landscape on the Olympic Peninsula of Washington State. Washington Department of Department Washington Wildlife and Fish Green Diamond’s HCP protects

marbled murrelets, bull trout, USFWS Hansen, A. Craig and bald eagles—along with a Using this technique for steep-terrain logging keeps harvested trees from range of unlisted species. creating sediment in streams that are home to bull trout.

Habitat Conservation Plans 15 Plum Creek Timber Company: a Landscape-Level Habitat Conservation Plan for Native Fish R. Arne Wick, USFWS ArneWick, R. Kit Fischer, a Plum Creek ﬁ sheries science technician, records data from Trail Creek to make ﬁ sh population estimates for the company’s adaptive management study.

Plum Creek has gone from the Under the HCP, Plum Creek is Nation’s twelfth-largest timber- conserving streams and rivers by producer to the second-largest. “Don’t preserving cold water, clean water, let anyone say that a company can’t complex habitat, and connected be profi table and environmentally habitat. Key management activities responsible,” Mr. Jirsa said. are maintaining forest density and tree size, providing shade, ensuring Dr. Lorin Hicks, Plum Creek’s bank stability, and creating woody Director of Environmental Affairs, debris for fi sh as well as amphibians noted that clean water issues have and terrestrial species. Fallen logs a direct effect on the health and that cross part of a stream may slow livelihood of many people, so this the fl ow and create a smooth, deep HCP provides benefi ts beyond upstream pool as habitat. The bull protecting endangered species. trout needs clear, cold streams that The quality of habitat, rather than range in temperature from 40 to the number of fi sh, is a measure of 60 degrees Fahrenheit. Because of success. its strict habitat requirements, the species is a good indicator of water quality and forest-ecosystem health.

16 Habitat Conservation Plans Questions and Answers

What are Habitat What’s in a Habitat What does “take” mean? Conservation Plans? Conservation Plan? The Endangered Species Act makes Habitat Conservation Plans are A Habitat Conservation Plan it unlawful for individuals to “take” planning documents required includes an assessment of impacts listed animals except by permit. as part of an application for an likely to result from the proposed It defi nes “take” as harass, harm, incidental take permit. Congress take of one or more federally listed pursue, hunt, shoot, wound, kill, intended HCPs to reduce confl icts or unlisted species; measures that trap, capture, or collect or attempt between listed species and economic the applicant for the incidental take to engage in these activities. Harm development, provide a framework permit will undertake to monitor, includes habitat modifi cation that that encourages cooperation and mitigate, and minimize the impact kills or injures a species by impairing creative partnerships between the on wildlife; funding sources to essential behavior such as breeding, public and private sectors, and implement the plan; procedures to feeding, or sheltering. integrate land-use activities with deal with changed and unforeseen conservation goals. circumstances; and alternative The Endangered Species Act does actions that the permit applicant not prohibit the take of listed plant HCPs can apply to both listed and analyzed and the reasons that the species on non-federal lands, unless nonlisted species, including those applicant didn’t adopt them. the take is in violation of state law. that are candidates or have been proposed for listing. Conserving Why are Habitat Conservation What is an “Incidental Take” Permit? species before they are in danger of Plans important? The Endangered Species Act extinction or are likely to become so Before Congress amended the law authorizes permits to be issued can also provide early benefi ts and in 1982, landowners risked violating to “take” listed wildlife species prevent the need for listing. the Endangered Species Act if incidental to otherwise lawful their otherwise lawful management activities, provided that permit Who needs a Habitat activities killed or harmed listed holders have Habitat Conservation Conservation Plan? species. This potential liability Plans that meet criteria to “minimize People who believe that their caused some people to be concerned and mitigate” impacts that may otherwise lawful activities may that discovering an endangered result. That could mean, for example, result in the incidental take of a or threatened species on their that people who want to harvest listed wildlife species need a permit. property would restrict their use or timber in an area that is habitat for The Fish and Wildlife Service or the enjoyment of their land or water. bull trout, a threatened species, can National Oceanic and Atmospheric do so, provided that they fulfi ll the Administration–Fisheries will help By allowing the Fish and Wildlife provisions of the negotiated HCPs. determine whether a proposed Service to issue incidental take project is likely to result in take permits to landowners who develop In this case, the HCPs would usually and whether an HCP is an option Habitat Conservation Plans, protect stream side areas from to consider. The two agencies will Congress provided certainty that siltation, keep the water clear and provide technical assistance to help people can proceed with their cold, and ensure that habitat is design projects to avoid take. The activities, confi dent that they are complex and connected. Basically, permit may be issued to states, consistent with the Endangered the timber harvest proceeds, and the counties, cities, tribes, corporations, Species Act. This assurance is aquatic habitat for the bull trout is and private citizens. important, particularly to people protected. who depend on their property for Federal agencies are not eligible income. The Secretaries of Commerce and to apply for a permit; they have a Interior issue permits through the responsibility to use their authorities Where do I fi nd Habitat Conservation Directors of the National Oceanic to conserve listed species and to Plans described in the Endangered and Atmospheric Administration– consult with the Fish and Wildlife Species Act? Fisheries and the Fish and Service and the National Oceanic Section 10 of the Endangered Wildlife Service. In general, the and Atmospheric Administration– Species Act, “Exceptions,” describes National Oceanic and Atmospheric Fisheries under section 7 of the Act permits in section 10(a)(1). You may Administration–Fisheries is to ensure that their activities do not hear the expression “section 10” responsible for listed marine jeopardize the continued existence of permits. Incidental take permits are mammals, anadromous fi sh, and these species. described in section 10(a)(1)(B). other living marine resources.

Habitat Conservation Plans 17 Questions and Answers

The Fish and Wildlife Service is What is the “No Surprises” rule? to redirect conservation and responsible for terrestrial and fresh The “No Surprises” regulations mitigation measures to remove the water species. give permit holders regulatory jeopardizing effects. certainty—that is, certainty that Private citizens and area they will not have to commit In the unlikely event that jurisdictions—states, counties, and additional funding or implement these efforts do not remove the cities—and tribal governments may further measures to manage jeopardizing effects, the Services obtain incidental take permits in land and water if unforeseen will attempt to remove the connection with their land, water, circumstances arise after they create jeopardizing effects by augmenting and ocean activities. These incidental their HCPs. The “No Surprises” the HCP’s conservation program. take permits will not appreciably rule is one of the benefi ts of Habitat With the consent of the permittee, reduce the likelihood of the survival Conservation Plans. It assures the Services will pursue options and recovery of the species in people that the Fish and Wildlife that include, but are not limited to, the wild. Service and National Oceanic and extending or modifying the existing Atmospheric Administration– permit, capturing and relocating the Does a Habitat Conservation Plan Fisheries will not require further species, compensating the landowner have a legal commitment? mitigation from permit-holders to forego the activity, purchasing The incidental take permit who are adequately implementing an easement or fee-simple interest makes the elements of a Habitat approved HCPs. in the property, or arranging for a Conservation Plan legally binding. third-party acquisition of an interest While this permit includes an The government honors its in the property. In the highly expiration date, the mitigation commitment as long as permit- unlikely event that augmenting the identifi ed in the HCP can be in holders honor theirs. HCP’s conservation program does perpetuity. If a violation is deemed not remove the jeopardizing effects, technical or inadvertent, the If the conservation program is the Services will, as a last resort, landowner will receive a notice of operating as the HCP intended, then suspend or revoke the incidental noncompliance that recommends the two agencies will not require take permit. alternative actions to regain any conservation and mitigation compliance with the terms of the measures in addition to those What is adaptive management? permit. already provided in the HCP, even In contrast to unforeseen if extraordinary circumstances circumstances, certain events, such What kinds of actions are develop. as hurricanes or wildfi re, can be considered mitigation? expected as changed circumstances. Mitigation may take the form What will the National Oceanic The Fish and Wildlife Service of preserving habitat through and Atmospheric Administration– and the National Oceanic and an acquisition or a conservation Fisheries and the Fish and Wildlife Atmospheric Administration– easement, enhancing or restoring Service do in the event of unforeseen Fisheries work with landowners in degraded or former habitat, creating circumstances that may jeopardize developing HCPs to incorporate new habitat, establishing buffer the species? adaptive management strategies areas around existing habitat, While the two agencies believe to address changed circumstances. modifying land-use practices, that it will be exceedingly rare for These provisions are also useful and restricting access to habitat. unforeseen circumstances to result for species whose biology is not Mitigation measures reduce the in a jeopardy situation, they will fully understood when the plan is adverse effects of proposed activities use their authorities and resources developed. They allow previously- on species included in an HCP. to resolve the situation. Along agreed-upon management changes with working with other federal within the plan area when new agencies, the National Oceanic information about a species indicates and Atmospheric Administration– that they are needed to reach Fisheries and the Fish and biological goals. Wildlife Service will work with the permittee within the framework of the HCP’s conservation program

18 Habitat Conservation Plans Questions and Answers

What is the Five-Point Policy? How many HCPs are being three months. Others, depending on The Fish and Wildlife Service developed, and how many their complexity, level of analysis, and the National Oceanic and acres do they include? and sometimes the degree of public Atmospheric Administration— As of February 7, 2005, the Fish controversy, have a proposed Fisheries have fi nalized an and Wildlife Service had issued processing time of 4 to 12 months. addendum to the Handbook for incidental take permits for 479 Large-scale plans or ones that are Habitat Conservation Planning Habitat Conservation Plans that particularly complicated may take and Incidental Take Permitting covered almost 39 million longer to develop and process. Process. This addendum, also known acres and 590 endangered and as the fi ve-point policy, provides threatened species. Who approves the Habitat additional guidance on HCPs Conservation Plan? regarding: (1) establishment of How do I know if I have a listed The Fish and Wildlife Service’s biological goals and objectives for species on my land? Regional Director for the region that HCPs, (2) adaptive management, The nearest Fish and Wildlife includes your state approves these (3) monitoring, (4) determination of Service fi eld offi ce, your state plans. permit duration, and (5) the use of fi sh and wildlife agency, or the public participation. National Oceanic and Atmospheric For the National Oceanic and Administration–Fisheries can help Atmospheric Administration– What is an example of a you answer this question. Fisheries, the Director of the Offi ce Habitat Conservation Plan? of Protected Species in Washington, In Tennessee, developers who A telephone number for the HCP D.C. is responsible for approving wanted to build a community of coordinator for your state or region these plans. homes, businesses, schools, and is in this booklet. For other agencies, shops near a tributary to Mill Creek check the listings in your local Does the public get a chance to created a Habitat Conservation telephone directory under state comment on plans? Plan for the endangered Nashville and U.S. government. Yes. The Fish and Wildlife crayfi sh. After obtaining a Service and National Oceanic and permit that allowed them to What is the process for getting an Atmospheric Administration— “take” the species incidental to HCP and incidental take permit? Fisheries require a minimum their construction activities, the The landowner decides whether 30-day public comment period on developers restored the stream a Habitat Conservation Plan is applications for incidental take that runs through the property something to consider. The Fish permits for “low-effect” HCPs and a and planted stream side trees and and Wildlife Service and the 60- to 90-day public comment period shrubs to make sure that the water National Oceanic and Atmospheric for all other HCPs, depending on quality for the crayfi sh remains Administration–Fisheries provide size and complexity. good. The new community promotes guidance and technical assistance in its “green space” amenity—a helping people develop HCPs and Does someone monitor plans for benefi t for people and wildlife. obtain permits. compliance? Yes. The Fish and Wildlife Designed to offset any harmful The HCP coordinator for your Service and National Oceanic and effects that the activities might region can tell you more. See the list Atmospheric Administration– have on listed species, HCPs enable on the last page of this booklet. Fisheries or a party that the development to proceed and provide applicant and the agencies designate for conservation. Permits assure How long will it take to can monitor projects to ensure landowners that their activities process an application? compliance with the terms of the will not violate the Endangered If a project is in the “low-effect” incidental take permit or the HCP. Species Act. category—one that has minor or For example, a “party”can be a state negligible effects on listed, proposed, wildlife agency, an area government or candidate species and their agency, or a non-profi t organization. habitats or on other environmental values or resources—the target time for processing permits is up to

Habitat Conservation Plans 19 For More Information about Habitat Conservation Plans

For more information, including the Northeast Region planning process and applications, (Region Five) contact the Habitat Conservation 1-413-253-8627 Plan coordinator at the Fish and http://northeast.fws.gov/ Wildlife Service offi ce that includes Connecticut, Delaware, District your state: of Columbia, Maine, Maryland, Massachusetts, New Hampshire, Pacifi c Region New Jersey, New York, (Region One) Pennsylvania, Rhode Island, 1-503-231-6118 Vermont, Virginia, West Virginia http://pacifi c.fws.gov/ Hawaii, Idaho, Oregon, Washington, Mountain-Prairie Region American Samoa, Commonwealth (Region Six) of the Northern Mariana Islands, 1-303-236-4258 Guam, Pacifi c Trust Territories http://mountain-prairie.fws.gov/ Colorado, Kansas, Montana, California/Nevada Operations Nebraska, North Dakota, South 1-916-414-6464 Dakota, Utah, Wyoming http://pacifi c.fws.gov/ California, Nevada Alaska (Region Seven) Southwest Region 1-907-786-3868 (Region Two) http://alaska.fws.gov/ 1-505-248-6654 Alaska http://southwest.fws.gov/ Arizona, New Mexico, Oklahoma, Headquarters Texas 1-703-358-2106 Arlington, Virginia and Great Lakes, Big Rivers Region Washington, D.C. (Region Three) 1-612-713-5343 http://midwest.fws.gov/ The Fish and Wildlife Service’s Illinois, Indiana, Iowa, Michigan, Endangered Species home page is: Minnesota, Missouri, Ohio, http://endangered.fws.gov Wisconsin The National Oceanic and Southeast Region Atmospheric Administration – (Region Four) Fisheries’ home page is: 1-404-679-7313 http://www.noaa.gov/fi sheries.html http://southeast.fws.gov/ Alabama, Arkansas, Louisiana, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Florida, Tennessee, Puerto Rico, U.S. Virgin Islands

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Habitat Conservation Plans 21 22 Habitat Conservation Plans