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Cat Lazaroff

Habitat Conservation Plans

Protection of threatened and endangered species on private lands is one of Defenders of Wildlife's primary conservation priorities. Habitat conservation plans, or HCPs, are popular agreements that private landowners develop to manage endangered species on their property.

Many HCPs, however, are not providing adequate protection measures for the endangered species they cover. As over 350 HCPs now encompass over 30 million acres of land, in many places, HCPs have become the primary tool for balancing development and nature preservation.

The Endangered Species Act (1973) mandates protection of threatened and endangered species and their habitat on federal and private land by prohibiting "take" of listed species through direct harm to individuals or habitat destruction.

In an attempt to balance species protection with private landowner development interests, Congress amended Section 10 (a)(1)(B) of the ESA in 1982 to allow private landowners to destroy some endangered species habitat through a permitting system. Under this amendment, private landowners developing, logging, or otherwise negatively affecting land known to be home to listed species, are required to design and implement a plan that will minimize and mitigate harm to the impacted species during the proposed project.

HCPs have proliferated over the past 22 years as development continues to encroach upon the landscape. While only four HCPs were approved in the 1980's, 259 HCPs were approved during the 1990's. Over 350 HCPs have now been approved, affecting over one hundred threatened or endangered species populations.

To put the importance of conservation on private land in perspective, it is estimated that 25% of the United States' listed species populations occur on land that is under private ownership. HCPs, therefore, both in theory and in practice clearly have the potential to impact the survival and recovery of threatened and endangered species.

Recognizing the importance of conservation efforts on private lands, Defenders has become both supporter and critic of the ESA's Habitat Conservation Plan program.

Potential Benefits of Habitat Conservation Plans

HCPs can:

Shift the conservation focus from single-species management to multi-species and habitat management
Engage private landowners and local governments in conservation planning
Protect unlisted species, thereby reducing the likelihood that listing will be needed
Promote long-term conservation of species and habitats through protection and management

Unfortunately, many of the HCPs that have been approved are inadequate conservation tools for endangered species protection. Large amounts of habitat have been lost for endangered species under HCPs, posing huge risks for species survival. Several critical components of HCPs, if not adequately assessed during the planning process, result in HCPs that allow for development that may further threaten the species in question.

Problems with HCPs

Often, HCPs result in net loss of habitat and are not consistent with species recovery.
The No Surprises Rule (which gives land owners assurance that they will not have to increase their funding if the HCP has detrimental consequences) fundamentally constrains the ability to improve HCPs and avoid species declines.
HCPs are often based on inadequate scientific assessment of the situation.
The public does not have adequate opportunity to provide input for HCPs.

Defenders of Wildlife strives to ensure that principles of sound ecosystem science and management are incorporated and implemented in HCPs. We accomplish this by reviewing and commenting on draft HCPs, working on national policy related to HCPs, and participating in key HCPs across the country.

For information on the USFWS Endangered Species Act and Habitat Conservation Plans, please visit the U.S. Fish and Wildlife Service web site.