Habitat Conservation Plan - Background

Background

The importance of preserving rare species was legally recognized in 1973 when the Endangered Species Act (ESA) was signed into federal law. The purpose of the ESA is not only to protect species that have been listed as threatened or endangered, but also to conserve the ecosystems upon which those species depend. In aiming to protect species in danger of becoming extinct, the ESA prohibits actions that have the potential to result in a “taking” of any listed species. The term “take” under the ESA refers to any attempt or action involving the harassment, harm, pursuit, hunting, shooting, wounding, killing, trapping, capturing, or collecting of any listed species. Under this definition, the alteration of habitat that results in injury to, or death of, any listed species by preventing essential behavior (such as breeding, feeding or sheltering) is considered unlawful “harm”. The United States Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) are the lead agencies tasked with the implementation of the ESA and are therefore responsible for regulating prohibited and allowable activities. While the primary objective of the ESA is the protection of endangered species, and the take of such species is considered unlawful, the ESA is not absolute. In 1982, amendments were made to the 1973 ESA which authorize the Secretary of the Interior and the Secretary of Commerce to allow the take of federally listed species (Endangered Species Act, Section 10a(1)(B)). When non-federal activities that would otherwise be legal have the potential to result in the take of a listed species for example, they may be allowed under an Incidental Take Permit, obtained through the USFWS. To mitigate the take of listed species, Section 10 of the ESA requires that parties wishing to obtain an Incidental Take Permit must submit a conservation plan, hereafter referred to as a “Habitat Conservation Plan" or "HCP,” with their application.