Monday, February 20, 2006
U.S. Fish and Wildlife Service update
County Role and Taxpayer Money In Private Seawall Permits
On Jan. 30th, 2006, U.S. Fish & Wildlife (U.S.F.&W.) issued a letter to the county stating that the seawalls on 158 out of 220 properties could negatively impact the habitat of three federally listed species- sea turtles, beach mice and piping plovers. Any action, including detrimental habitat modification (which will ultimately impact the species), that harms a listed species is called a “take” under the Endangered Species Act.
Any person who wants to do an activity (e.g., construct a seawall) that might impact an listed species must apply to U.S.F.&W. for an “incidental take permit”. An “incidental take permit” allows an activity to continue that would otherwise constitute an illegal take of a listed species. If the incidental take is allowed, the person must mitigate for the “take” by establishing a Habitat Conservation Plan (HCP) that reduces or compensates for the harm to the species. The letter states the county must obtain an “incidental take” permit as the county’s action in issuing the temporary permits facilitated a take. Additionally, the letter states each of the 158 property owners are required to have an incidental take permit if they are seeking a permanent permit for their walls. In addition to the permits, both the county and the individual property owners are responsible for implementing and maintaining an HCP. Without an incidental take permit, the letter warns both the county and property owners could face prosecution under the Endangered Species Act if a “take” occurs as a result of a seawall.
For logistical reasons, U.S.F.&W. has asked the county to apply for one permit on behalf of itself and the 158 private properties and to implement one HCP in lieu of individual permits and HCPs. According to U.S.F.&W., there are grant funds available to help defray the cost of the HCP. Proposals, however, must be submitted by March 20, 2006. We strongly encourage the county to vigorously pursue any potential grant funding for the Habitat Conservation Plan.
On Jan. 30th, 2006, U.S. Fish & Wildlife (U.S.F.&W.) issued a letter to the county stating that the seawalls on 158 out of 220 properties could negatively impact the habitat of three federally listed species- sea turtles, beach mice and piping plovers. Any action, including detrimental habitat modification (which will ultimately impact the species), that harms a listed species is called a “take” under the Endangered Species Act.
Any person who wants to do an activity (e.g., construct a seawall) that might impact an listed species must apply to U.S.F.&W. for an “incidental take permit”. An “incidental take permit” allows an activity to continue that would otherwise constitute an illegal take of a listed species. If the incidental take is allowed, the person must mitigate for the “take” by establishing a Habitat Conservation Plan (HCP) that reduces or compensates for the harm to the species. The letter states the county must obtain an “incidental take” permit as the county’s action in issuing the temporary permits facilitated a take. Additionally, the letter states each of the 158 property owners are required to have an incidental take permit if they are seeking a permanent permit for their walls. In addition to the permits, both the county and the individual property owners are responsible for implementing and maintaining an HCP. Without an incidental take permit, the letter warns both the county and property owners could face prosecution under the Endangered Species Act if a “take” occurs as a result of a seawall.
For logistical reasons, U.S.F.&W. has asked the county to apply for one permit on behalf of itself and the 158 private properties and to implement one HCP in lieu of individual permits and HCPs. According to U.S.F.&W., there are grant funds available to help defray the cost of the HCP. Proposals, however, must be submitted by March 20, 2006. We strongly encourage the county to vigorously pursue any potential grant funding for the Habitat Conservation Plan.
