Conservation Planning Program

Through the Conservation Planning and Permits program, the U.S. Fish and Wildlife Service (Service) works with private landowners, local and state governments, tribes, corporations, and other entities who are non-Federal landowners to conserve and protect listed and unlisted species on non-Federal lands. The Endangered Species Act protects endangered and threatened species of wildlife and plants. Here at the Pacific Islands Fish and Wildlife Office, we work to develop Habitat Conservation Plans (HCPs), Safe Harbor Agreements (SHAs), and Candidate Conservation Agreements with Assurances (CCAAs) to promote species and habitat conservation through innovative partnerships that are developed between an array of non-Federal landowners and the Service.

For incidental take of listed wildlife species to be lawful on private lands, an incidental take permit should be obtained prior to implementing the project. Incidental take means that the take is incidental to otherwise lawful activity.

Habitat Conservation Plans

Habitat Conservation Plans are planning documents required as part of an application for an incidental take permit and provide a framework for people to complete projects while conserving at-risk species of plants and animals. Congress envisioned HCPs as integrating development and land-use activities with conservation in a climate of cooperation. Habitat Conservation Plans can apply to both listed and non-listed species, including those that are candidates or have been proposed for listing. Conserving species before they are in danger of extinction or are likely to become so can also provide early benefits and prevent the need for listing.

Through the HCP process, a non-Federal landowner submits an application for a permit that allows limited take of federally listed threatened and endangered (T/E) species as a consequence of a particular proposed land use. As part of the application package, the applicant provides an HCP that includes an assessment of impacts likely to result from the proposed take of one or more federally listed or unlisted species; measures that the applicant for the incidental take permit will undertake to monitor, mitigate, and minimize the impact on wildlife; funding sources to implement the plan; procedures to deal with changed and unforeseen circumstances; and alternative actions that the permit applicant analyzed and the reasons that the applicant didn’t adopt them. Even though take of the species may occur, the intent of an HCP is to provide conservation for the species and to ensure the action does not appreciably reduce survival and recovery of the species in the wild, while otherwise legal use of the land may continue.

By allowing the Service to issue incidental take permits to landowners who develop HCPs, Congress provided certainty that people can proceed with their activities, confident that they are consistent with the Endangered Species Act. This assurance is important, particularly to people who depend on their property for income.

Online Resources:

HCP Handbook

Application Form Incidental Take Permits Associated with a Habitat Conservation Plan

Brochure Habitat Conservation Plans Working Together for Endangered Species

No Surprises Questions and Answers

Safe Harbor Agreements

The SHA program was developed to encourage the voluntary participation of non-Federal landowners in the conservation and recovery of T/E species on non-Federal lands. Without this participation, it is unlikely that many T/E species, some of which exist only or primarily on non-Federal lands, will be recovered. A SHA is developed by the non-Federal landowner and the Service and may include third party participants, such as state or local agencies. The agreement concisely describes the property to be covered by the agreement, identifies the species that are the recipients of the conservation benefits, sets a “baseline” for those species (how many, if any, are already present prior any conservation actions), the conservation actions that will be provided, any activities that may result in incidental take of the species, and the responsibilities of the all the participants. The intent of the SHA and the criterion that acts as the standard for this type of agreement is the provision of a net conservation benefit to the T/E species for which it has been developed.

When the agreement is approved by the Service, it is signed by all participating parties, and the Service issues an “Enhancement of Survival” Permit to the non-Federal landowner. This Enhancement of Survival Permit is only issued for take that results from actions where a net conservation benefit for the species/habitat is the intent; it should not be confused with an Incidental Take Permit where take of the species/habitat as a result of a proposed land use action is the intent (HCP).

“Assurances” to the landowner accompany the issuance of the permit. The enhancement of survival permit also authorizes the landowner to, after all conservation measures described in the SHA have been implemented, return the property to the condition it was in prior to the agreement, which may also result in take of the species or habitat. Another additional benefit of this permit to the landowner is that it limits his/her responsibilities to those specified in the agreement and the permit, so that even if it was determined that the species would further benefit from an increase in conservation, the landowner could not be held responsible for those increased measures or expense.

Conservation actions are likely to result in the increase in either T/E species or in their habitat, and the likelihood that take of these species will occur due to day-to-day management of the property is also increased. To offset this risk of take, the Enhancement of Survival Permit also protects the landowner from this increased risk by authorizing limited take of individuals or habitat above the established baseline. As a safeguard against take of the species, all SHAs contain the requirement that the Service be given 60 days notice prior to an action that may result in take, thus allowing the Service or other qualified entity an opportunity to either remove the species from potential harm or perform other such prevention.

Online Resources:

Flyer Safe Harbor Agreements for Private Landowners

Application Form Enhancement of Survival Permits Associated with Safe Harbor Agreements & Candidate Conservation Agreements with Assurances

Candidate Conservation Agreements with Assurances

The CCAA program is similar to the Safe Harbor Agreement program in that its intent is to encourage voluntary conservation on non-Federal lands. The difference is that the species benefiting from the conservation are non-listed species, meaning they are species at risk of going extinct, but they have not been listed under the Federal Endangered Species Act for a variety of reasons. The over-arching goal of the CCAA Program is for these “at-risk species” to derive sufficient benefit from this voluntary conservation so as to not require listing in the future. It is unlikely that any one landowner can single-handedly save a species from extinction, so while the benefit to the species is measured on an a situational basis, it is also measured by asking the question, “If these same conservation actions were applied by similarly situated landowners, would listing be necessary to recover the species?” It is the hope of the Service that with enough voluntary landowners contributing their lands to conservation, that we will be able to answer this question with a resounding, “Yes” for the Pacific Island’s (and the nation’s) at-risk species.

To encourage land owners to participate in this program, the Service not only provides technical assistance in developing and writing an agreement, but upon approval of an agreement, it issues the landowner an Enhancement of Survival Permit that becomes effective if/when the species become listed in the future. The permit would authorize incidental take of the species that might occur during the regular course of land management; back-to-baseline take would be considered on a case-by-case basis depending upon the risk to the species. The Enhancement of Survival Permit also provides assurance to the landowner that no other requirements or responsibilities will be expected of them in the future, even if the species becomes listed.

Online Resources:

Flyer Candidate Conservation Agreements With Assurances For Non-Federal Property Owners

Summary

Habitat Conservation Plan (HCP) – required if a proposed action on non-Federal land is likely to result in the incidental take of a federally listed wildlife species. An Incidental Take Permit is issued authorizing limited take of T/E species that is avoided, minimized, and mitigated. The permit is accompanied by assurances that guarantee the landowner that no further restrictions or requirements will be obligated during the term of the HCP/permit as long as the HCP is being fully implemented.

Safe Harbor Agreement (SHA) – a voluntary agreement between a non-Federal landowner and the U.S. Fish and Wildlife Service that provides a net conservation benefit to T/E species. An enhancement of survival permit is issued to the landowner authorizing limited take of T/E species if/when the landowner chooses to return the property to the condition it was prior to conservation actions and also due to daily on-going property management. The permit is accompanied by assurances that guarantee the landowner may return the property to “baseline” condition, and that no further restrictions or requirements will be obligated during the term of the SHA/permit.

Candidate Conservation Agreement with Assurances (CCAA) – a voluntary agreement between a non-Federal landowner and the U.S. Fish and Wildlife Service that provides conservation benefit to non-listed species such that Federal listing may not be required in the future. An enhancement of survival permit, effective upon future listing of the species, is issued to the landowner authorizing limited take of the species due to daily on-going property management. The permit is accompanied by assurances that no further restrictions or requirements will be obligated during the term of the CCAA/permit.

If you are interested in knowing more about any of these programs, please contact any of these biologists:

For more information:
Jeff Newman
U.S. Fish and Wildlife Service
Pacific Islands Fish and Wildlife Office
300 Ala Moana Boulevard
Room 3-122
Honolulu, HI 96850
(808) 792-9400
(808) 792-9581 fax