U.S. fine-tunes habitat conservation plans

Habitat conservation plans are the main tool used by the Clinton administration to manage endangered and threatened species, such as the spotted owl, on nonfederal lands

March 11, 1999
Web posted at: 10:00 AM EST

In response to concerns raised about habitat conservation plans -- federal agreements that allow the "take" of endangered species and destruction of their habitat provided certain precautions are taken -- the federal government has proposed new guidelines.

Issued Tuesday by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, the proposed guidelines are meant to clarify and strengthen the use of habitat conservation plans as conservation tools under the Endangered Species Act.

Habitat conservation plans have been used since the Endangered Species Act was amended in 1982 to include them. They are the main tool used by the Clinton administration to manage endangered and threatened species on nonfederal lands. Some 240 plans have been approved so far and 200 more are in the works nationwide.

If approved, the proposed guidelines would improve the way the plans are developed and administered in five areas: establishment of measurable biological goals and objectives, use of adaptive management, monitoring, public participation and determination of the duration of the incidental take permits.

The guidelines would become an addendum to the agencies' joint Handbook for Habitat Conservation Planning and Incidental Take Permitting Process.

"We are pleased that so many private landowners, as well as state and local governments, are taking advantage of the HCP program," said Terry D. Garcia, Commerce Department assistant secretary for Oceans and Atmosphere. "We believe the public will be pleased that we are responding to their comments on how the program can be improved and that we are willing to make changes as the program grows."

The draft addendum announced Tuesday proposes that all future habitat conservation plans incorporate and clearly state biological goals and objectives. Although biological goals and objectives were implicit in past plans and their operating conservation programs, they were not explicitly stated. These goals and objectives will provide clear guidance for both the applicant and the agencies regarding the purpose and direction of the plan's operating conservation program.

The draft addendum also proposes guidelines for developing an adaptive management strategy, which would be necessary if significant biological data gaps exist for covered species when a plan is approved.

When a plan incorporates an adaptive management strategy, the implementing agreement's permit would clearly state the range of possible adjustments and the circumstances under which it would be triggered. The applicant would be able to assess the potential economic impacts of such adjustments before agreeing to the permit.

"We want to ensure each HCP has measurable goals and objectives and includes, where necessary, the flexibility to adjust the conservation actions as circumstances change or as more information becomes available," said Jamie Rappaport Clark, director of the U.S. Fish and Wildlife Service. "At the same time, we want to give applicants certainty about what we will require them do under different circumstances."

The draft addendum also builds on current guidance for establishing monitoring programs to ensure proper compliance with a habitat conservation plan, to determine whether biological goals and objectives are being met, and to guide an adaptive management strategy, if one is used.

In addition, it provides guidance on factors to consider in establishing the duration of incidental take permits. These factors include duration of the applicant's proposed activities, possible positive and negative effects on covered species, the extent of scientific and commercial data underlying the plan's operating conservation program, the length of time necessary to achieve the benefits of the conservation program, and the extent to which the program incorporates adaptive management strategies.

The proposal calls for increased public participation in the habitat conservation plan process. This would mean a minimum 60-day public comment period for most plans and a minimum 90-day comment period for most large-scale, regional or exceptionally complex agreements.

Defenders of Wildlife, a conservation group that has been vocal in their opposition to the current habitat conservation plan program, is generally pleased with the proposed guidelines.

"The new policy guidelines to improve habitat conservation plans for endangered species released today in the Federal Register can improve the survival prospects for the affected species -- if they are fully implemented," said Laura Hood, conservation planning program manager for Defenders of Wildlife.

The conservation groups is concerned that the proposed improvements will not be implemented.

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service are soliciting comments, recommendations, or suggestions from the public, other concerned government agencies, the scientific community, industry or any other interested party about this draft addendum.

Copyright 1999, Environmental News Network, All Rights Reserved

Note: Pages will open in a new browser window

External sites are not endorsed by CNN Interactive.