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The purpose of the Endangered Species Act (ESA) of 1973 is to provide protection and conservation for threatened and endangered species, and the ecosystems upon which they depend. The ESA has been amended many times since its adoption; however, the underlying principles of conservation remain largely intact. In 1982, Congress approved new amendments, allowing for the "incidental take" of federally listed species (Section 10), if a Habitat Conservation Plan (HCP) was developed and approved. This change in the ESA has led to considerable controversy, confusion, and compromise. While there are many aspects of the HCP process that are under scrutiny, three components in particular are of great concern: the selection of species for "coverage" under an HCP, the creation of an "effectiveness" monitoring plan, and the treatment of invasive species issues as they relate to covered species and their habitats. First, many permittees include a large number of covered species not known to be present in the planning area, most of which often lack species-specific conservation actions. This is a dangerous strategy, providing little confidence that some HCPs will provide adequate long-term conservation for the species. Second, with regard to monitoring plans, a rigorous framework outlining eight essential aspects of a monitoring program are provided, created from the guidance in the ecological literature, the U.S. Fish and Wildlife Service (FWS), and four examples of HCPs. Monitoring plans should be well developed and clearly articulated prior to the issuance of an incidental take permit, and this framework provides a minimal set of requirements that can assist the FWS and permittees. Finally, some HCPs do not adequately address the potential consequences regarding invasive species. The level of variability in how invasive species are dealt with across HCPs is a direct response to the lack of detailed guidance provided by the federal agencies. Clearly, articulated requirements and frameworks for invasive species management and control are the next necessary step in improving the HCP process.
Provides an objective overview of what the ESA says and means, based upon the language of the statute itself and the regulations that implement it, as well as the judicial decisions interpreting each. Specific chapters cover critical habitat designation, conservation, prohibited acts and penalties, Section 7 consultation, incidental take permits, the Section 7 exemption process, state and federal interactions, international application, experimental populations, and citizen suits. Appendixes define acronyms, answer frequently asked questions, and describe key cases. A glossary is also included. Sullins is an attorney-advisor for the United State Department of the Interior Solicitor's Office in Boise, Idaho. c. Book News Inc.
Today, landowners and cooperating governments - federal, state, and local - increasingly rely on a unique conservation planning tool, habitat conservation plans (HCPs), to accommodate land development and the strict species and habitat protection requirements of the Endangered Species Act (ESA). This, however, is a relatively recent phenomenon. This chapter outlines the history and development of HCPs, analyzes how HCPs incorporate current principles of adaptive management, discusses HCP compliance with the National Environmental Policy Act (NEPA), and describes the emerging trend of Multiple-Species HCPs (MSHCPs) using the Western Riverside County MSCHP as a case study. We suggest that the statutory authority for HCPs be augmented in five ways: (1) Development of a reliable federal financing mechanism that would enable sponsors of “mature” HCPs to complete land acquisition while land prices are low; (2) Integration of ESA permitting requirements with other federal environmental mandates (e.g. section 404 permits, air quality permits); (3) Integration of ESA permitting requirements with state environmental requirements and consolidation of overlapping state and federal requirements; (4) Inclusion of provisions dealing with adaptive management that allow for unforeseen consequences of global phenomena like climate change; (5) Codification of the “No Surprises” Rule and the Incidental Take Permit Revocation Rule.