THE ENDANGERED SPECIES ACT & THE FLORIDA BEACHES HABITAT CONSERVATION PLAN

The ESA of 1973, as amended Allows protection for all species. Protects habitats as well as species. Gives joint authority to United States Fish and Wildlife Service and NOAA–Fisheries.

The Endangered Species Act Section 1: Title Section 2: Findings and Purposes and Policy Section 3: Definitions Section 4: Listing, Critical Habitat Designation, Recovery, Monitoring Section 5: Land Acquisition Section 6: Financial Assistance to States & Territories Section 7: The Role of Federal Agencies Section 8: International Cooperation Section 8A: Convention Implementation Section 9: Prohibited Acts Section 10: Exceptions, including Permits Section 11: Penalties and Enforcement Section 12: Endangered Plants Section 13: Conforming Amendments Section 14: Repealer Section 15: Authorization of Appropriations Section 16: Effective Date Section 17: Marine Mammal Protection Act of 1972 Section 18: Annual Cost Analysis

The Endangered Species Act Section 1: Title Section 2: Findings and Purposes and Policy Section 3: Definitions Section 4: Listing, Critical Habitat Designation, Recovery, Monitoring Section 5: Land Acquisition Section 6: Financial Assistance to States & Territories Section 7: The Role of Federal Agencies Section 8: International Cooperation Section 8A: Convention Implementation Section 9: Prohibited Acts Section 10: Exceptions, including Permits Section 11: Penalties and Enforcement

Section 2 – Findings, Purposes And Policy Purpose: Conserve listed species and the ecosystems on which they depend. Southeastern beach mouse

Section 3 - Definitions Take is defined under section 9 of the ESA as harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered species. Harm is defined as significant habitat modification where it kills or injures a listed species through impairment of essential behavior. Harass is defined as an act that creates the likelihood of injury to listed species through a significant disruption in normal patterns of behavior.

Sections 6 and 7 Section 6: Cooperation with States Habitat Conservation Planning (HCP) grants Section 7: Interagency Cooperation Coordination with the USFWS and NMFS when Federal action affects listed species –Biological Opinion required of agency when action is likely to adversely affect (take) listed species. –Ensure that listed species are not jeopardized

Section 10 - Exceptions 1982 amendment allows “incidental” take of species when Incidental Take Permit (ITP) is obtained from USFWS - an “incidental take” occurs during course of otherwise lawful activities Permit must be based on an approved Habitat Conservation Plan

Incidental Take Permits Incidental Take Permit (ITP) - Section 10 of the ESA authorizes the incidental take of a threatened or endangered species. Habitat Conservation Plan (HCP) - ensures there is adequate minimizing and mitigating of the effects of the authorized incidental take. It is a requirement of the ITP.

What Can an HCP and ITP Do? Reduces conflicts between endangered species conservation and important economic activities such as development. Provides a lawful mechanism for permitting non- Federal projects that will result in “incidental take” of Federally listed species.

The HCP Planning Process

Who Can Participate? Private landowners Corporations Tribal governments State and local governments Other non-Federal landowners

Required Elements of an HCP Required elements of an HCP An analysis of the impacts of the Proposed Action Alternatives to the Proposed Action Minimization and mitigation measures Funding assurances for minimization, mitigation Adaptive management Other measures Other Species

Issuance Criteria for an ITP Take - Incidental Minimize and mitigate the impacts of such taking Adequate funding for the HCP Procedures to deal with unforeseen circumstances Take will not appreciably reduce the likelihood of survival and recovery of the species in the wild.

No Surprises Policy If you are in compliance – Assurance that no further commitment of resources or mitigation will be required. However, can be changed if mutually agreeable. For example: Unforeseen predators. Adaptive management.

What Are The Benefits of an HCP & ITP? Designed to meet the needs of wildlife and landowners Allows the FDEP to legally proceed with an activity that might otherwise result in the illegal take of a listed species. Provides certainty that “a deal is a deal” (“no surprises”). Supports adaptive management approach. Enables long-term planning.

How Do Endangered Species Benefit? Impacts to species are minimized and mitigated. Habitat fragmentation and degradation is reduced. Important habitat can be preserved, restored, and enhanced. Advanced planning can provide for comprehensive long-term conservation.

Need For A Florida Beaches ITP and HCP Unprecedented 2004 and 2005 hurricane seasons. Extensive coastal erosion and property damage. How to handle with the aftermath and expedite reconstruction while protecting listed species.

What activities will be addressed in the HCP?

Coastal Construction

Coastal Armoring

Dune Crossovers

Dune Restoration

Debris Removal

Beach Scraping

Storm Recovery Photo by: The Press Journal Ocean Drive, Vero Beach

What Will Be Included In The HCP? Coastal Development: new construction or rebuilding of: Single or multi-family developments Stormwater facilities Beachfront lighting Swimming pools, decks, cabanas Parking lots or garages Landscaping Dune restoration & beach dune walkovers Excavation and fill Public infrastructure, etc. Coastal Armoring: Seawalls, Bulkheads and retaining walls Revetments, Geotextile bags or tubes Beach Maintenance Beach cleaning (beach raking & debris removal) Beach Berm and Dune Restoration Special Activities (beach events: concerts, rallies, etc.) Post Storm Emergency Activities Removal of hurricane generated debris Repair of public facilities Return of sand to beach-dune system Repair or reconstruction of coastal armoring Foundation repairs & reconstruction of major structures

What Types of “Take” Will The ITP Cover?

Take related to: Behavior alteration such as false crawls Alteration of habitat due to degradation, inundation or smothering of nests Increase in predation on beach mice, turtles, etc. by domestic dogs/cats Habitat fragmentation Decrease in foraging sources

How Long Will It Take? Can be a cumbersome process Depends on complexity Stakeholder involvement Anticipating years

Examples to Build From In Florida: Volusia County Beach Driving HCP Indian River County Emergency Armoring HCP St. John’s County Beach Driving More in progress… Large, Multi-Species HCPs: Etowah Basin HCP (GA) East Contra Costa HCP (CA) Pima County HCP (AZ) West Mojave HCP (CA)

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