Download The Endangered Species Act

THE ENDANGERED SPECIES
ACT
&
THE FLORIDA BEACHES
HABITAT CONSERVATION
PLAN
The ESA of 1973, as amended
•
Allows protection for all species.
• Protects habitats as well as species.
• Gives joint authority to United States Fish
and Wildlife Service and NOAA–Fisheries.
The Endangered Species Act
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Section 8A:
Section 9:
Section 10:
Section 11:
Section 12:
Section 13:
Section 14:
Section 15:
Section 16:
Section 17:
Section 18:
Title
Findings and Purposes and Policy
Definitions
Listing, Critical Habitat Designation, Recovery, Monitoring
Land Acquisition
Financial Assistance to States & Territories
The Role of Federal Agencies
International Cooperation
Convention Implementation
Prohibited Acts
Exceptions, including Permits
Penalties and Enforcement
Endangered Plants
Conforming Amendments
Repealer
Authorization of Appropriations
Effective Date
Marine Mammal Protection Act of 1972
Annual Cost Analysis
The Endangered Species Act
Section 1: Title
Section 2: Findings and Purposes and Policy
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
Section 2 – Findings, Purposes And
Policy
• Purpose: Conserve listed species and
the ecosystems on which they depend.
Southeastern beach mouse
Section 3 - 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.
• Harass is defined as an act that creates the likelihood
of injury to listed species through a significant disruption
in normal patterns of behavior.
Sections 6 and 7
Section 6: Cooperation with States
Habitat Conservation Planning (HCP) grants
Section 7: Interagency Cooperation
Coordination with the USFWS and NMFS when
Federal action affects listed species
– Biological Opinion required of agency when action is
likely to adversely affect (take) listed species.
– Ensure that listed species are not jeopardized
Section 10 - Exceptions
• 1982 amendment allows “incidental” take
of species when Incidental Take Permit
(ITP) is obtained from USFWS
- an “incidental take” occurs during course of
otherwise lawful activities
• Permit must be based on an approved
Habitat Conservation Plan
Incidental Take Permits
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.
What Can an HCP and ITP Do?
• Reduces conflicts between endangered species
conservation and important economic activities
such as development.
• Provides a lawful mechanism for permitting nonFederal projects that will result in “incidental
take” of Federally listed species.
The HCP Planning Process
Who Can Participate?
• Private landowners
• Corporations
• Tribal governments
• State and local governments
• Other non-Federal landowners
Required Elements of an HCP
Required elements of an HCP
• An analysis of the impacts of the Proposed
Action
• Alternatives to the Proposed Action
• Minimization and mitigation measures
• Funding assurances for minimization, mitigation
• Adaptive management
• Other measures
Other Species
Issuance Criteria for an ITP
• Take - Incidental
• Minimize and mitigate the impacts of such
taking
• Adequate funding for the HCP
• Procedures to deal with unforeseen
circumstances
• Take will not appreciably reduce the
likelihood of survival and recovery of the
species in the wild.
No Surprises Policy
• If you are in compliance – Assurance that
no further commitment of resources or
mitigation will be required.
• However, can be changed if mutually
agreeable.
For example:
• Unforeseen predators.
• Adaptive management.
What Are The Benefits of an HCP & ITP?
• Designed to meet the needs of wildlife and landowners
• Allows the FDEP to legally proceed with an activity
that might 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.
How Do Endangered Species Benefit?
• Impacts to species are minimized and mitigated.
• Habitat fragmentation and degradation is
reduced.
• Important habitat can be preserved, restored,
and enhanced.
• Advanced planning can provide for
comprehensive long-term conservation.
Need For A Florida Beaches
ITP and HCP
• Unprecedented 2004 and 2005
hurricane seasons.
• Extensive coastal erosion and property
damage.
• How to handle with the aftermath and
expedite reconstruction while protecting
listed species.
What activities will be
addressed in the HCP?
Coastal Construction
Coastal Armoring
Dune Crossovers
Dune Restoration
Debris Removal
Beach Scraping
Storm Recovery
Photo by: The Press Journal
Ocean Drive, Vero Beach
What Will Be Included In The HCP?
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Coastal Development: new construction or rebuilding of:
• Single or multi-family developments
• Stormwater facilities
• Beachfront lighting
• Swimming pools, decks, cabanas
• Parking lots or garages
• Landscaping
• Dune restoration & beach dune walkovers
• Excavation and fill
• Public infrastructure, etc.
Coastal Armoring:
• Seawalls, Bulkheads and retaining walls
• Revetments, Geotextile bags or tubes
Beach Maintenance
• Beach cleaning (beach raking & debris removal)
Beach Berm and Dune Restoration
Special Activities (beach events: concerts, rallies, etc.)
Post Storm Emergency Activities
• Removal of hurricane generated debris
• Repair of public facilities
• Return of sand to beach-dune system
• Repair or reconstruction of coastal armoring
• Foundation repairs & reconstruction of major structures
What Types of “Take” Will
The ITP Cover?
Take related to:
• Behavior alteration such as false crawls
• Alteration of habitat due to degradation,
inundation or smothering of nests
• Increase in predation on beach mice,
turtles, etc. by domestic dogs/cats
• Habitat fragmentation
• Decrease in foraging sources
How Long Will It Take?
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Can be a cumbersome process
Depends on complexity
Stakeholder involvement
Anticipating 6 - 7 years
Examples to Build From
In Florida:
• Volusia County Beach Driving HCP
• Indian River County Emergency Armoring HCP
• St. John’s County Beach Driving
• More in progress…
Large, Multi-Species HCPs:
• Etowah Basin HCP (GA)
• East Contra Costa HCP (CA)
• Pima County HCP (AZ)
• West Mojave HCP (CA)
THANK YOU