Section 10 of the Endangered Species Act allows permits for exceptions to the prohibition against “take” of a listed species. A nonfederal permit applicant develops and submits a habitat conservation plan (HCP) to NOAA Fisheries Service. Typical applicants include large landowners and municipal water utilities.
NOAA Fisheries Service and the U.S. Fish & Wildlife Service usually work together with potential applicants to address all currently listed species, plus fish and wildlife species that may someday require ESA protection. The two services coordinate with applicants to ensure use of the best available science while developing HCPs.
NOAA Fisheries Service and Fish & Wildlife provide technical assistance to applicants, and ensure that National Environmental Policy Act (NEPA) and ESA public review procedures are followed. Once an HCP is final and all parties sign the plan, each of the two federal agencies issues an ESA Section 10 incidental take permit (ITP) that covers its listed species.
The fisheries service must consult with itself when issuing such permits based on approved HCPs, because issuing an ITP is a federal action subject to ESA Section 7 consultation. The purpose of an HCP in the context of anadromous fish conservation is to minimize and mitigate near-term habitat damage and provide for long-term habitat recovery, while allowing for economic and productive use of the covered lands. Such agreements ensure that healthy and productive salmon and steelhead habitats are available to protect and recover listed fish.
HCPs are typically in effect for many decades to provide the greatest benefits of functioning habitats, while permitting land management under stable regulations. This ESA regulatory assurance is particularly attractive to landowners with long-term investments, such as timber growers or water suppliers. While applicants’ future activities under an HCP may cause a low level of unintentional injury or death to listed salmon and steelhead, the habitat they manage will support long-term survival and recovery of those fish.
Applicants are advised to work closely with NOAA Fisheries Service while developing HCPs to expedite review and approval of incidental take permit applications. The Northwest Region has signed 14 habitat conservation plans. Details about them are at the links on the left of this page.
NOAA Fisheries Service and the U.S. Fish & Wildlife Service continue to work closely with incidental take permit holders to assist with implementation of their completed HCPs.
