Transcript Trust Resources - Collier County

South Florida Ecological Services Office - Vero Beach
Habitat Conservation Planning
In Collier County:
Challenges and Opportunities
Spencer Simon
Trust Resources Supervisor
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South Florida Ecological Services Office - Vero Beach
Definitions
Habitat Conservation Plan (HCP) - An agreement
between the Fish and Wildlife Service and a nonFederal entity that specifies conservation measures
that will be implemented in exchange for a permit
that would allow incidental take of a threatened or
endangered species.
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Definitions
Take is defined under section 9 of the Endangered Species
Act as harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect any threatened or endangered species.
Harm: significant habitat modification where it kills or injures
a listed species through impairment of essential behavior
(e.g., nesting or reproduction).
Harrass: actions that create the likelihood of injury to listed
species to such an extent as to significantly disrupt normal
behavior patterns which include but are not limited to feeding,
breeding, or sheltering.
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Definitions
• Direct Effects are those that are immediately
attributable to the action.
• Indirect Effects are those that are caused by
or will result from the proposed action and are
later in time, but are still reasonably certain to
occur.
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What are the benefits?
Provides a lawful mechanism to allow important activities
that will result in “incidental take” of Federally listed
species.
Provides habitat conservation, restoration or other
significant benefit for listed species.
Provides regulatory certainty for long term planning.
Allows for flexible, out-of-the-box solutions.
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South Florida Ecological Services Office - Vero Beach
What is included in a HCP?
An activity is described (development project).
Impacts to federally listed species are identified (How
many acres?).
Measures to minimize and mitigate such impacts are
identified.
Alternative actions are considered.
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What are the Criteria to Issue an Incidental
Take Permit?
The taking will be incidental.
Activity will not reduce the likelihood of survival and recovery
of listed species (“Jeopardy standard”).
Activity will avoid, minimize, and mitigate to the maximum
extent practicable.
Adequate funding to carry out the plan is available.
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Definitions
Jeopardize the continued existence of a species:
“To engage in an action that reasonably would be
expected, directly or indirectly, to reduce appreciably the
likelihood of both the survival and recovery of a listed
species in the wild by reducing the reproduction,
numbers or distribution of that species.”
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Tackling the Tough Issues
• What do you want (what is the scope)?
• How much will it cost?
• How long will it take?
• What are the risks without an HCP?
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What do you want?
Or
What do you need?
– County projects (roads,
schools, etc?)
– Residential projects?
– Commercial projects?
– Agricultural projects?
– Combination?
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– Limited residential or
commercial?
– CIPs, residential, commercial,
and agriculture?
– Urban or rural (greater than 1
mile beyond the urban service
boundary)?
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How much will it cost?
• Mitigation
– type (land, restoration)
– land costs
– ratios
• Scope
– size of HCP area
– location of HCP area
– species to be covered
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• Timing
– “now” will be cheaper
than “then”
– years ‘til completion
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How long will it take?
The length of time to complete the permitting process
depends on the complexity of issues involved (e.g., the
number of species) and the completeness of the documents
submitted by the applicant.
•
•
•
•
HPC certification
Environmental Assessment
Solicitor’s Review
60 or 90 day public comment period
• lawsuit?
• Development of a biological opinion
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What are the risks?
• 1988 amendments to the Endangered Species Act
• Third party action?
• What will the regulatory climate be in the future?
• Individual HCPs v. regional or County sponsored HCPs
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Issued Large-scale HCPs
• Indian River County and City of Sebastian Area-wide
Habitat Conservation Plan:
– Species: Florida scrub-jay and eastern indigo snake.
– Purpose: Development of 317 platted residential lots,
commercial development near the Sebastian Airport, and future
expansion of a school.
– Permit duration: 30 years
– Incidental take: 171.4 acres of occupied scrub-jay habitat.
– Mitigation: conservation, restoration, and management of 330.5
acres of scrub-jay habitat, in perpetuity.
– Time to complete: 9 years total, but ITP issued within 1 year
once the application was received.
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Issued Large-scale HCPs
• Indian River County Habitat Conservation Plan:
– Species: Loggerhead, green, leatherback, hawksbill, and Kemp’s ridley,
sea turtles.
– Purpose: shore protection measures initiated under Indian River County’s
emergency armoring authorization.
– Permit duration: 30 years
– Incidental take: impacts to 3,196 feet of sea turtle nesting habitat that will
result in the displacement of 1,150 loggerhead, 56 green, and 3
leatherback sea turtle nests.
– Mitigation: Purchase ~ 5 acres oceanfront property, predator protection
plan, light management program, public education program, county-wide
sea turtle monitoring program, emergency armoring protocol,
implementation of an MOU with the state on shoreline permitting activities.
In total, it is estimated 5,147 sea turtle nests will be protected by these
activities.
– Time: 5 years.
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Large-scale HCPs
Big Pine Key - No Name Key Habitat Conservation
Plan:
– Species: Florida Key deer, Lower Keys marsh rabbit, and
eastern indigo snake.
– Purpose: residential and commercial development, as well as
transportation improvements.
– Permit Duration: 20 years.
– Incidental take: 168 acres.
– Mitigation: 504 acres, education plan.
– Time to complete: 8 years.
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Pending Large-scale HCP
Charlotte County Capital Improvement Projects Habitat
Conservation Plan:
– Species: Florida scrub-jay, bald eagle, and eastern indigo snake.
– Purpose: three county-initiated road projects (Winchester
Boulevard, South Edgewater Drive, and Solomon Drive) and one
redevelopment project (Murdock Village).
– Incidental take: 84.2 acres of occupied scrub-jay habitat.
– Mitigation: 275 acres to be protected and restored for scrub-jays.
– Time under development: 2004 to present.
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Habitat Conservation Planning
Assistance Grants (Section 6)
• Dan Sullivan: FWC, Section 6 Grants Coordinator,
(850) 410-0656, extension 17322.
• Ms. Mike Gantt: FWS, Regional Ecosystem, Grants and
Partnership Coordinator, (919) 856-4627.
• More information go to the our Regional FWS website
under Grants and Partnerships and Forms
http://www.fws.gov/outheast/grants/index.html
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Further Questions
http://endangered.fws.gov/hcp/hcpplan.html
Trish Adams
772-562-3909 x232
[email protected]
Spencer Simon
772-562-3909 x345
[email protected]
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