THE ENDANGERED SPECIES THE ENDANGERED SPECIES ACT ACT

& &

THE FLORIDA BEACHES THE FLORIDA BEACHES HABITAT CONSERVATION HABITAT CONSERVATION

PLANPLAN

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: 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 12: Endangered Plants

Section 13: Conforming Amendments

Section 14: Repealer

Section 15: Authorization of Appropriations

Section 16: Effective Date

Section 17: Marine Mammal Protection Act of 1972

Section 18: 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 - DefinitionsSection 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 7Sections 6 and 7

Section 6: Cooperation with StatesHabitat Conservation Planning (HCP) grants

Section 7: Interagency CooperationCoordination 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 - ExceptionsSection 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 PermitsIncidental 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 non-Federal projects that will result in “incidental take” of Federally listed species.

The HCP Planning ProcessThe HCP Planning Process

Who Can Participate?Who Can Participate?

• Private landowners

• Corporations

• Tribal governments

• State and local governments

• Other non-Federal landowners

Required Elements of anRequired Elements of an HCPHCPRequired 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 measuresOther Species

Issuance Criteria for an ITPIssuance 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 PolicyNo 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?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?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 Need For A Florida Beaches

ITP and HCPITP 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 What activities will be addressed in the HCP?addressed in the HCP?

Coastal Construction

Coastal Armoring

Dune Crossovers

Dune Restoration

Debris Removal

Beach Scraping

Storm Recovery

Photo by: The Press JournalOcean Drive, Vero Beach

What Will Be Included In The HCP?What Will Be Included In The HCP?• 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 What Types of “Take” Will The ITP Cover?The ITP Cover?

Take related to: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?How Long Will It Take?

• Can be a cumbersome process

• Depends on complexity

• Stakeholder involvement

• Anticipating 6 - 7 years

Examples to Build FromExamples 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)

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