HCP FAQs

Endangered Species Permits
HCPs - Frequently Asked Questions
How long does it take to complete an HCP?
HCPs which do not fall into the "Low Effect" category require either an Enviro
Assessment (EA) or an Environmental Impact Statement (EIS), depending o
For those requiring an EA as part of the permit application, the target permit
around 6 months. For those requiring an EIS, the target permit processing ti
1 year.
How much will an HCP cost to complete and should I write it myself?
The cost can vary depending on the size and complexity of the proposed proj
landowner's responsibility to provide the Habitat Conservation Plan. It is also
landowner if they correspond with the FWS early on (i.e., prior to writing the
submitting the application package), as this will speed the application proces
have a clear understanding of the project description, project effects, and po
potential problems. In almost all cases, landowners hire a qualified biologist
because there are many components (e.g., species information, habitat need
effects to the species, biological goals and objectives, management strategy,
the knowledge and expertise of someone who has worked with the subject fe
species. Individual consultant costs can vary. Regardless, we want to work cl
landowner to insure that the HCP meets the mutual objectives of the FWS an
and that the HCP gets completed in a timely manner.
What is the legal commitment of an HCP?
The elements of the HCP are made binding through the incidental take perm
terms of an incidental take permit would result in illegal take under Section 9
Species Act. If the violation is deemed technical or inadvertent in nature, the
Wildlife Service may send the permittee a notice of noncompliance by certifie
recommend alternative actions to the permittee so that they may regain com
terms of the permit.
What will happen if I conduct my project without getting an incident
Section 9 of the Endangered Species Act prohibits taking, possession, sale, a
listed species. Taking is defined as to "harass, harm, pursue, hunt, shoot, wo
or collect." If you have a listed species on your property and you conduct a p
"take" a listed species without first obtaining an incidental take permit, you a
violation of Section 9 of the Endangered Species Act, which is a federal offen

Are efforts made to accommodate the needs of HCP participants who
biologists and familiar with the issues?
Because development of an HCP is done by the applicant, it is considered a p
therefore, not subject to public participation or review until the U.S. Fish and
receives an official application. The U.S. Fish and Wildlife Service is committe
HCP applicants and providing technical assistance as required throughout the
process to accommodate their needs. The U.S. Fish and Wildlife Service belie
under development are restricted by privacy regulations unless waived by th
However, the U.S. Fish and Wildlife Service does encourage the applicant to
appropriate parties. This is especially true for complex and controversial proj
for most large-scale, regional HCP efforts choose to provide extensive opport
involvement during the planning process. The issuance of a permit is, howev
that is subject to public review and comment. There is time for public review
when the U.S. Fish and Wildlife Service reviews the information and decides
permit based on the completed HCP. A 30-day public comment period is requ
completed HCP applications. During this period, any member of the public m
comment on the HCP and the accompanying NEPA document (if applicable).
U.S. Fish and Wildlife Service solicits public involvement and review, as well
additional information during the scoping process for an Environmental Impa
What are Low-Effect HCPs?
"Low-Effect" HCPs are those involving (1) minor effects on federally listed, p
candidate species and their habitats covered under the HCP; and (2) minor e
environmental values or resources. Low-Effect HCPs do not require NEPA doc
EA), and the target permit processing time is approximately 3 months.
What is NEPA?
In issuing an incidental take permit, the U.S. Fish and Wildlife Service must c
National Environmental Policy Act (NEPA) and other statutory and regulatory
including any state or local environmental/planning laws. As such, they may
excluded from the National Environmental Policy Act or may require either an
Assessment or, rarely, an Environmental Impact Statement.
What are "No Surprises" Assurances?
No Surprises assurances are provided by the government through the section
process to non-Federal landowners. Essentially, private landowners are assur
"unforeseen circumstances" arise, the U.S. Fish and Wildlife Services will not
commitment of additional land, water or financial compensation or additiona
use of land, water, or other natural resources beyond the level otherwise agr
without the consent of the permittee. The government will honor these assur

landowner will vary depending on the species, its habitat needs, and the mag
proposed project has on the listed species and its habitat.
What kinds of actions are considered mitigation?
Mitigation measures are actions that reduce or address potential adverse effe
activity upon species covered by an HCP. They should address specific needs
involved and be manageable and enforceable. Mitigation measures may take
as: preservation (via acquisition or conservation easement) of existing habita
restoration of degraded or a former habitat; creation of new habitats; establ
areas around existing habitats; modifications of land use practices, and restr
What kind of monitoring is required for an HCP and who performs it?
The U.S. Fish and Wildlife Service or any party designated as responsible by
Wildlife Service (e.g., State wildlife agency, local government) in the HCP wil
project for compliance with the terms of the incidental take permit or HCP. If
responsible for monitoring compliance with the permit, the U.S. Fish and Wil
require periodic reporting from such party in order to maintain overall oversi
for the implementation of the HCP's terms and conditions. For regional and o
long-term HCPs, monitoring programs must provide long-term assurances th
implemented correctly, that actions will be monitored, and that such actions
expected. This should include periodic accountings of take, surveys to determ
in project areas or mitigation habitats, and progress reports on fulfillment of
requirements (e.g., habitat acres acquired). Monitoring plans for HCPs should
milestones, to the extent practicable, or reporting requirements throughout t
and should address actions to be taken in case of unforeseen or extraordinar
In addition, the U.S. Fish and Wildlife Service must monitor the applicant's im
the HCPs and the permits terms and conditions; the biological conditions ass
HCP to determine if species' needs are being met, and must determine if the
that are expected as part of the HCP mitigation and minimization strategy ar
U.S. Fish and Wildlife Service's ability to determine if the mitigation and min
functioning as intended and the anticipated benefits to the species are being
What is Section 7?
To issue an incidental take permit, the U.S. Fish and Wildlife Service must co
of the Endangered Species Act, which requires federal agencies to insure tha
"not likely to jeopardize the continued existence of any endangered species o
species" or result in the destruction of a species' critical habitat. Federal agen
regarding any activity that may impact listed species. The issuance of an Inc
and approval of an HCP requires that the U.S. Fish and Wildlife Service condu