In 1982, the Endangered Species Act was amended to allow the "incidental" taking of a listed species by private landowners, provided that they first develop a habitat conservation plan (HCP) which minimizes and mitigates the effects of the landowner's activities on the species in question. While initially virtually ignored as an option, the number of HCPs has exploded since the adoption of the "No Surprises Policy" 1992, making them one of the most popular conservation management tools available. No Surprises states that once a plan is approved, the federal government will not hold a permitee liable for violation of the ESA, so long as they abide by the plan's provisions.
As it currently exists, the HCP process, as well as the plans themselves, have been criticized from a number of angles. Many environmentalists view them as little more than a loophole, through which landowners and corporations are allowed to further harm endangered species or their habitat. They contend that most plans are founded on inadequate science and offer little certainty that they will adequately protect the species which they are supposed to conserve. This is doubly disturbing in light of No Surprises, they say, since an HCP may be approved indefinitely, and the government will be powerless to step in, even if it is discovered that the plan causes more harm than good. On the other hand, HCPs can be extremely expensive and time consuming to develop and negotiate, and permit holders need some degree of regulatory certainty that their investment will not be wasted. Without them, enforcing conservation on non-federal lands would be virtually impossible.
In general, all sides seem to agree that HCPs have tremendous potential as conservation tools, but there are several bugs which must be worked out of the system before that potential can be fulfilled. SEI has brought together a diverse group of stakeholders in order to begin addressing these problems, primarily through the medium of improving the science of habitat conservation planning.
In April, 1999, SEI organized a workshop at the National Center
for Ecological Analysis and Synthesis (NCEAS)
in Santa Barbara, California, in order to come up with recommendations
addressing several pressing problems in habitat conservation planning.
The group consisted of representatives from industrial groups,
private companies, federal, state, and municipal agencies, environmental
organizations, and academic scientists, and considered a wide
variety of issues, including adaptive management, monitoring,
the importance and usefulness of independent scientific input,
and ways of dealing with scientific uncertainty. In addition,
the group reviewed previous assessments of the use of science
in HCPs, elucidated the advantages, for both permit applicants
and endangered species, of improved science, and developed a roadmap
for future action. The workshop minutes may be downloaded in Adobe
PDF format by clicking here (If
you don't have a copy, you can download Adobe Reader free by visiting
the 
Adobe website).
Members of the group are currently working on reports and publications
detailing the group's conclusions; these will be posted as they
become available.
On July 21, 1999, SEI vice-president Steven Courtney testified on HCPs before the U.S. Senate Subcommittee on Fisheries, Wildlife, and Drinking Water. To view his testimony, as well as a related press release, follow this link.
SEI played an important role in the formation of the Pacific Lumber Company's "Headwaters" HCP for marbled murrelets by organizing the inclusion of outside scientific input. This plan has become a model for the use of science in future HCPs, and Dr. Courtney's presentation on its development at the Society for Conservation Biology's annual meeting is now online. More details on the plan and SEI's role in its creation may be found at SEIs Headwaters Forest page.
SEI is continuing this important work on HCP policy. In addition to synthesizing and following up on the conclusions from the Santa Barbara workshop, a second meeting, on Adaptive Management and the No Surprises Policy, is in the works. Check back with this page for updates.
© 2000 Sustainable Ecosystems
Institute
 comments: sei@sei.org |