About

Habitat

Conservation

Plans

What we do

Non-federal landowners or entities may need incidental take permits (Section 10a(1)(B) of the ESA) if they are engaged in an activity that:

• May adversely affect a species protected under the federal Endangered Species Act (ESA),
• Is otherwise lawful, and
• Is not for the purposes of scientific research or enhancement of a listed species.

The ESA prohibits the "take" of listed species through direct harm or habitat destruction. Through a 1982 amendment, Congress authorized the Service to issue permits for the "incidental take" of endangered and threatened wildlife species. Thus, permit holders can proceed with an activity that is legal in all other respects, but that result in the incidental taking of a listed species.

This permit process requires applicants to design, implement and secure funding for a conservation plan that avoids, minimizes and mitigates harm to the impacted species during the proposed project. That plan is commonly called a Habitat Conservation Plan (HCP). Habitat Conservation Plans are legally binding agreements between the Secretary of the Interior and the permit holder.

Contact the Northeast Region HCP Coordinator Lowell Whitney at (413) 253-8649, Lowell_whitney@fws.gov.