Introduction
The Florida Department of Environmental Protection (FDEP) has decided to pursue an Incidental
Take Permit (ITP) under the Endangered Species Act, which requires the development of a Habitat
Conservation Plan (HCP). The intent of the HCP is to minimize and mitigate impacts to federally
listed species that may occur as a result of activities permitted by FDEP's Coastal Construction
Control Line (CCCL) Program. The FDEP is currently developing an HCP, which will be known as the
Florida Beaches Habitat Conservation Plan, or Florida Beaches HCP.
Florida Beaches HCP Brochure
What is the Endangered Species Act?
What does "Take" mean?
What is an Incidental Take Permit?
What is a Habitat Conservation Plan?
What is the Coastal Construction Control Line?
Why do beaches in Florida need a Habitat Conservation Plan?
Why is the CCCL Program developing a Habitat Conservation Plan?
What federally listed species will the Florida Beaches HCP protect?
What are the benefits of a multi-county HCP?
How is the Florida Beaches HCP being developed and who is responsible for the plan?
How long will it take?
Should I become involved in the development of the HCP?
What is the Endangered Species Act?
In 1973, the United States Congress passed the Endangered Species Act (ESA) in order to "conserve the ecosystems upon which endangered and threatened species depend, and to conserve and recover listed species." The ESA protects threatened and endangered species from extinction by limiting and regulating activities that impact listed species or their habitat (see http://www.fws.gov/endangered/ for more information.)
Return to top
What does "Take" mean?
Take is defined in the Endangered Species Act (ESA) as to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect." The terms "harm" and "harass" are further clarified in the ESA as activities that impact listed species habitat. Under the ESA, any activity that results in take of a listed species, including activities that reduce or modify its habitat is prohibited.
Return to top
What is an Incidental Take Permit?
Sometimes, take of a listed species can occur incidentally to an otherwise lawful activity. In 1982, Congress amended the Endangered Species Act (ESA) to allow the United States Fish and Wildlife Service (USFWS) to issue Incidental Take Permits (ITPs) to private parties undertaking otherwise lawful projects on non-federal land that might result in the take of a threatened or endangered species. The purpose of the ITP is to authorize the incidental take of a listed species, not to authorize the activities that result in take. Before an ITP can be issued, a Habitat Conservation Plan (HCP) must be prepared.
Return to top
What is a Habitat Conservation Plan?
Habitat Conservation Plans (HCPs) under the Endangered Species Act (ESA) provide a framework for people to complete projects while conserving at-risk species of plants and animals. Congress envisioned HCPs as integrating development and land-use activities with conservation in a climate of cooperation. An HCP must accompany an application for an incidental take permit (ITP). The purpose of the habitat conservation planning process associated with a permit is to ensure there is adequate minimizing and mitigating of the effects of the authorized incidental take.
Return to top
What is the Coastal Construction Control Line?
The purpose of Florida's Coastal Construction Control Line (CCCL) Program is to "preserve and protect Florida's beaches from imprudent construction that can jeopardize the stability of the beach-dune system, accelerate erosion, provide inadequate protection to upland structures, endanger adjacent properties, or interfere with public beach access."
The Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems (BBCS) currently administers the CCCL permitting process for activities occurring on Florida's sandy beaches. There are 825 miles of open coast sandy beach areas within 1,180 miles of Florida shoreline. The CCCL defines the upland limits of the effects of a 100-year coastal storm. The seaward limit for the purpose of the Habitat Conservation Plan (HCP) is the mean high water line. Maps of these areas are available at: http://dep.state.fl.us/beaches/publications/pdf/MapDirectInst.pdf.
Activities regulated by the CCCL Program through its permitting process include coastal armoring, post-storm emergency permitting activities, new construction, rebuilding or redevelopment, public infrastructure, beach berm or dune restoration, beach cleaning, and special events. The HCP being developed by FDEP will be available to all counties with designated CCCL areas; and individual counties may elect to participate in this program.
Return to top
Why do beaches in Florida need a Habitat Conservation Plan?
Florida's beaches are home to a wide array of wildlife, including many species that are protected by the Endangered Species Act (ESA). Our beaches are also home to a large and growing population of tourists and year-round residents, who impact the beach in various ways. As human populations increase in coastal areas and additional pressures are placed on listed species habitat, the potential for take will increase. Because impacts may be caused to federally listed species as a result of the activities regulated by the Florida Department of Environmental Protection (FDEP) Coastal Construction Control Line (CCCL) Program, FDEP has decided to pursue a federal Incidental Take Permit (ITP), which requires the development of a Habitat Conservation Plan (HCP).
Return to top
Why is the CCCL Program developing a Habitat Conservation Plan?
As urban growth and development continue in Florida's coastal counties, instances of take are expected to rise. The FDEP has therefore decided to pursue a federal Incidental Take Permit (ITP), which requires the development of a Habitat Conservation Plan (HCP). FDEP has determined that the best approach is to create a single, wide-ranging HCP that will take a proactive approach to addressing cumulative impacts to species across the state from all activities regulated by the CCCL Program. This will streamline the permit application process making it less time-consuming and more efficient. The FDEP thereby hopes to provide a new and improved tool to support the work of conserving the environment.
Return to top
What federally listed species will the Florida Beaches HCP protect?
The Florida Beaches HCP will protect five subspecies of beach mice (Southeastern, Anastasia, Choctawhatchee, St. Andrews and Perdido Key); five species of sea turtles (loggerhead, green, hawksbill, Kemp's ridley, and leatherback); and four species of birds (piping plover, roseate tern, Florida scrub jay, and red knot, which is a candidate species). In addition, two species of coastal plants that are federally listed (beach jacquemontia and perforate reindeer lichen) will also be protected. Numerous state listed species will also receive protection under the plan.
Return to top
What are the benefits of a multi-county HCP?
Once implemented, the Florida Beaches HCP will be a "win-win" for people and wildlife. The HCP will ensure that as human populations increase along Florida's beaches, the activities that they conduct will be in balance with the needs of wildlife. These activities will be well regulated, and their impacts minimized and mitigated, in order to ensure the survival of listed species. Additionally, taking a landscape view of the impacts to listed species will help in developing a more comprehensive, long-term and successful approach to the conservation of these species.
For property owners, the Florida Beaches HCP will help ensure they remain in compliance with the Endangered Species Act (ESA), while eliminating the need to pursue an individual ITP, which is both costly and time consuming.
For county and local governments, the HCP will streamline the CCCL permitting process. An important added benefit is that the HCP will provide local governments with a clear and comprehensive plan of action on how to conduct restoration activities during post-storm emergency situations.
Return to top
How is the Florida Beaches HCP being developed and who is responsible for the plan?
The Florida Department of Environmental Protection (FDEP), as the applicant for the federal Incidental Take Permit (ITP), has to determine what will be covered and included in the Florida Beaches HCP. The Florida Fish and Wildlife Conservation Commission (FWC) and FDEP, with guidance from the United States Fish and Wildlife Service (USFWS), will draft the HCP. FDEP will appoint committees composed of representatives from the state, county, local and municipal governments, as well as from other stakeholders such as developers and conservation groups, in order to provide input and expertise. Advice will also be sought from professional and community members with experience in the relevant scientific and technical fields. Recommendations from these committees will be an important building block in development of the Florida Beaches HCP.
Return to top
How long will it take?
The Florida Beaches HCP will be one of the most complex HCPs developed to date, and its development will be a multi-year process. It will require input and consensus from a very diverse range of participants. It is expected that the planning process will raise many difficult issues that will require agreement among the many stakeholder groups prior to inclusion in the HCP. It is important that sufficient time be afforded to this process to create an HCP that meets the needs of both the needs of the stakeholders and the conservation needs of the protected species.
Return to top
Should I become involved in the development of the HCP?
The Florida Beaches HCP has the potential to be a tremendously beneficial tool for conservation and growth management in Florida. This potential can be accomplished if the HCP is carefully crafted to take into consideration the wide range of issues that impact Florida's beaches. It will require the input of many stakeholders and scientific and policy experts, as well as local and county governments, if it is to become a successful tool. Use of the final Florida Beaches HCP by the individual counties and local governments in their permitting processes will be completely voluntary. In order to encourage its adoption throughout the state, it is vital that interested parties join the planning process in the early stages to provide their input, thereby ensuring the development of a plan that is both balanced and thorough.
Return to top