Map of Region 3

Endangered Species Permits

HCPs in Development
NiSource Habitat Conservation Plan

Introduction

Incidental Take Permits

Permits can be issued under the Endangered Species Act (Act) to allow the take of endangered or threatened species, under certain circumstances. One type of permit is called an "Incidental Take Permit." The permit applicant must have a Habitat Conservation Plan (HCP) approved before an incidental take permit can be issued. HCPs are prepared by the permit applicant and identify specifically how the applicant is going to avoid, minimize and mitigate the take of any threatened or endangered species that may result from their actions. Nationwide, there are more than 675 HCPs currently in effect covering nearly 600 species on approximately 42 million acres.

NiSource is a natural gas distribution company that is seeking an Incidental Take Permit for the take of threatened and endangered species that may result from their routine operation and maintenance activities. The company operates a 17,500-mile network of interstate natural gas pipelines across 17 states. Routine operation and maintenance includes repairing, upgrading, replacing and expanding pipelines and associated infrastructure. These activities are sometimes in or near endangered or threatened species habitat, and thus could result in taking a listed species. NiSource is currently developing an HCP in conjunction with its application for an Incidental Take Permit. The permit would cover all pipeline work within a one mile-wide corridor (in effect, one-half mile on either side of the centerline of the pipe) that might result in take of a listed species. An Incidental Take Permit does not authorize the pipeline work itself, only the take of listed species.

Role of the U.S. Fish and Wildlife Service in the NiSource HCP Process

The U.S. Fish and Wildlife Service is the federal agency that provides the Incidental Take Permit. Our role is to evaluate the HCP and decide whether to issue an Incidental Take Permit. We will work with NiSource, as we do with other Incidental Take Permit applicants, to provide technical guidance as NiSource prepares their HCP. In addition, it is our responsibility to evaluate the federal action of issuing the Incidental Take Permit under Section 7 of the Endangered Species Act. Also, it is our responsibility to evaluate the environmental impacts that will result if the permit is issued and the HCP implemented, as required by the National Environmental Policy Act (NEPA). Therefore, we will prepare both a biological opinion and an Environmental Impact Statement to evaluate the impacts of the NiSource Incidental Take Permit and HCP.

NiSource's HCP is unusual because it covers a wide geographic area and multiple species. However, the process that we use to evaluate the HCP, review the environmental impacts, and consider NiSource's application for an Incidental Take Permit is the same as it is for other permit applications.

Information about the Scope of the NiSource HCP

List of species being evaluated
Map showing general location of pipelines (PDF)
Explanation of the One-mile corridor

General Information about HCPs and the NEPA process:

Fact Sheet: NEPA and Environmental Impact Statements
Fact Sheet: Habitat Conservation Plans

National Environmental Policy Act and Environmental Impact Statement

A Notice of Intent to Prepare an Environmental Impact Statement (EIS) for the NiSource HCP was published on Oct. 11, 2007. Public comments on the scope of the EIS were accepted through December 8, 2007.

"Dear Interested Party" letter that accompanied the Scoping Report April 8, 2008 [PDF]

Scoping Report for the Nisource Habitat Conservation Plan, Incidental Take Permit and Environmental Impact Statement (March 2008)

Appendix A (PDF) Cooperating Agency Letters
Appendix B (PDF) NOI
Appendix C (PDF) Legal Notice
Appendix D (PDF) Open House Notice
Appendix E (PDF) List of Interested Parties
Appendix F (PDF) Public Scoping Letter
Appendix G (PDF) Display Boards
Appendix H (PDF) Handouts
Appendix I (PDF) Open House Project Teams

Federal Register Notice of Intent to Prepare an EIS and Request for Comments (Oct. 11, 2007)

Summary of NiSource EIS Scoping Process and Request for Comments

News Release

Fact Sheet: Questions and Answers - National Environmental Policy Act Process, Environmental Impact Statement, and Habitat Conservation Plan