South Florida Ecological Services Office - Vero Beach

Habitat Conservation Plans and the Incidental Take Permitting Process

Trish Adams South Florida Conservation Planning Coordinator

Southeast Florida Scrub Ecosystem Working Group Meeting February 5, 2009

South Florida Ecological Services Office - Vero Beach

Outline of Presentation

„ Overview of the Act (ESA). „ What is a Plan (HCP) and an Incidental Take Permit (ITP)? „ How are we implementing the HCP Program?

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The Endangered Species Act

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South Florida Ecological Services Office - Vero Beach The ESA of 1973, as amended

• Allows protection for all species. • Protects as well as species. • Gives joint authority to Fish and Wildlife Service and NOAA–Fisheries.

2 South Florida Ecological Services Office - Vero Beach The Endangered Species Act Section 2: Findings and Purposes Section 3: Definitions Section 4: Listing, Critical Habitat Designation, Recovery, Monitoring Section 5: Land Acquisition Section 6: Financial Assistance to States & Territories Section 7: The Role of Federal Agencies Section 8: International Cooperation Section 8A: Convention Implementation Section 9: Prohibited Acts Section 10: Exceptions, including Permits Section 11: Penalties and Enforcement

South Florida Ecological Services Office - Vero Beach

Definitions

Incidental Take Permit (ITP) - Section 10 of the ESA authorizes the incidental take of a threatened or endangered species.

Habitat Conservation Plan (HCP) - ensures there is adequate minimizing and mitigating of the effects of the authorized incidental take. It is a requirement of the ITP.

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3 South Florida Ecological Services Office - Vero Beach Definitions

Take is defined under section 9 of the ESA as harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered species.

• Harm is defined as significant habitat modification where it kills or injures a listed species through impairment of essential behavior (e.g., breed, feed, shelter).

• Harass is defined as an act that creates the likelihood of injury to listed species through a significant disruption in normal patterns of behavior.

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South Florida Ecological Services Office - Vero Beach What Can a Habitat Conservation Plan and an Incidental Take Permit Achieve?

• Reduces conflicts between endangered species conservation and important economic activities such as development.

• Provides a lawful mechanism for permitting non- Federal projects that will result in “incidental take” of Federally listed species.

• Describes the anticipated impacts to protected wildlife and how they can be minimized and mitigated.

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Who Can Participate?

• Private landowners

• Corporations

• Tribal governments

• State and local governments

• Other non-Federal landowners

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South Florida Ecological Services Office - Vero Beach What is the difference between Section 7 and Section 10

Section 7 – Coordination of Federal actions with the Fish and Wildlife Service when Federal action affects listed species

• Federal nexus exists e.g., Army Corps of Engineers, FEMA, etc. • Biological Opinion required where action is likely to adversely affect (take) listed species. • Incidental Take Statement. • Ensure that listed species are not jeopardized.

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What is the Difference Between Section 7 and Section 10 Section 10 – Permits for Take of listed species.

10(a)(1)(A) Scientific purposes: research, etc.

10(a)(1)(B) Incidental Take • Habitat Conservation Plans and Incidental Take Permits - Environmental Assessment (NEPA) - Biological Opinion - Public comment process

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South Florida Ecological Services Office - Vero Beach What are the Benefits of an HCP & ITP?

• Designed to meet the needs of wildlife and landowners.

• Allows a landowner to legally proceed with an activity that would otherwise result in the illegal take of a listed species.

• Provides certainty that “a deal is a deal” (“no surprises”).

• Supports adaptive management approach.

• Enables long-term planning.

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How Do Endangered Species Benefit?

• Impacts to species are minimized and mitigated.

• and degradation is reduced.

• Important habitat can be preserved, restored, and enhanced.

• Advanced planning can provide for comprehensive long-term conservation.

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South Florida Ecological Services Office - Vero Beach An HCP & ITP Could Help By:

„ Reducing risk – Possible section 9 ESA violations – Third party law suits „ Providing expedited permitting „ Ensuring comprehensive conservation „ Meeting conservation targets outlined in County Comprehensive Plans.

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7 South Florida Ecological Services Office - Vero Beach How Long Does It Take?

The length of time to complete the permitting process depends on the complexity of issues involved (e.g., the number of species), the completeness of the documents submitted by the applicant. • HCP certification • NEPA Review - Environmental Assessment • Solicitor’s Review • 60 or 90 day public comment period • Development of a biological opinion • Development of the Statement of Findings

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Implementing the HCP Program in South Florida

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South Florida Ecological Services Office - Vero Beach South Florida’s Threatened and Endangered Species

9 Mammals 13 Birds 11 Reptiles 2 Invertebrates 36 Plants

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9 South Florida Ecological Services Office - Vero Beach Reactive to Proactive Countywide approach „ Slowed economy has allowed us to shift our focus.

„ Reached out to Counties to encourage development of County-wide HCPs.

„ In 2007, 3 counties, 1 city, and the State of Florida were awarded HCP Planning Grants.

„ Florida Panther Protection Program

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10 11 South Florida Ecological Services Office - Vero Beach ThankThank YouYou http://endangered.fws.gov/hcp/hcpplan.html

Trish Adams South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 (772) 562-3909, ext. 232 [email protected]

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