Habitat Conservation Planning In Collier County: Challenges and Opportunities Trust Resources South Florida Ecological Services Office - Vero Beach Spencer Simon Trust Resources Supervisor

Definitions Trust Resources South Florida Ecological Services Office - Vero Beach Habitat Conservation Plan (HCP) - An agreement between the Fish and Wildlife Service and a non- Federal entity that specifies conservation measures that will be implemented in exchange for a permit that would allow incidental take of a threatened or endangered species.

South Florida Ecological Services Office - Vero Beach Trust Resources Definitions Take is defined under section 9 of the Endangered Species Act as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered species. Harm: significant habitat modification where it kills or injures a listed species through impairment of essential behavior (e.g., nesting or reproduction). Harrass: actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include but are not limited to feeding, breeding, or sheltering.

Direct Effects are those that are immediately attributable to the action. Indirect Effects are those that are caused by or will result from the proposed action and are later in time, but are still reasonably certain to occur. South Florida Ecological Services Office - Vero Beach Trust Resources Definitions

South Florida Ecological Services Office - Vero Beach Trust Resources What are the benefits? Provides a lawful mechanism to allow important activities that will result in “incidental take” of Federally listed species. Provides habitat conservation, restoration or other significant benefit for listed species. Provides regulatory certainty for long term planning. Allows for flexible, out-of-the-box solutions.

South Florida Ecological Services Office - Vero Beach Trust Resources What is included in a HCP? An activity is described (development project). Impacts to federally listed species are identified (How many acres?). Measures to minimize and mitigate such impacts are identified. Alternative actions are considered.

South Florida Ecological Services Office - Vero Beach Trust Resources What are the Criteria to Issue an Incidental Take Permit? The taking will be incidental. Activity will not reduce the likelihood of survival and recovery of listed species (“Jeopardy standard”). Activity will avoid, minimize, and mitigate to the maximum extent practicable. Adequate funding to carry out the plan is available.

South Florida Ecological Services Office - Vero Beach Trust Resources Definitions Jeopardize the continued existence of a species: “To engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers or distribution of that species.”

South Florida Ecological Services Office - Vero Beach Trust Resources Tackling the Tough Issues What do you want (what is the scope)? How much will it cost? How long will it take? What are the risks without an HCP?

South Florida Ecological Services Office - Vero Beach Trust Resources What do you want? Or What do you need? –County projects (roads, schools, etc?) –Residential projects? –Commercial projects? –Agricultural projects? –Combination? –Limited residential or commercial? –CIPs, residential, commercial, and agriculture? –Urban or rural (greater than 1 mile beyond the urban service boundary)?

South Florida Ecological Services Office - Vero Beach Trust Resources How much will it cost? Mitigation –type (land, restoration) –land costs –ratios Scope –size of HCP area –location of HCP area –species to be covered Timing –“now” will be cheaper than “then” –years ‘til completion

South Florida Ecological Services Office - Vero Beach Trust Resources How long will it take? The length of time to complete the permitting process depends on the complexity of issues involved (e.g., the number of species) and the completeness of the documents submitted by the applicant. HPC certification Environmental Assessment Solicitor’s Review 60 or 90 day public comment period lawsuit? Development of a biological opinion

South Florida Ecological Services Office - Vero Beach Trust Resources What are the risks? 1988 amendments to the Endangered Species Act Third party action? What will the regulatory climate be in the future? Individual HCPs v. regional or County sponsored HCPs

South Florida Ecological Services Office - Vero Beach Trust Resources Issued Large-scale HCPs Indian River County and City of Sebastian Area-wide Habitat Conservation Plan: –Species: Florida scrub-jay and eastern indigo snake. –Purpose: Development of 317 platted residential lots, commercial development near the Sebastian Airport, and future expansion of a school. –Permit duration: 30 years –Incidental take: acres of occupied scrub-jay habitat. –Mitigation: conservation, restoration, and management of acres of scrub-jay habitat, in perpetuity. –Time to complete: 9 years total, but ITP issued within 1 year once the application was received.

South Florida Ecological Services Office - Vero Beach Trust Resources Issued Large-scale HCPs Indian River County Habitat Conservation Plan: –Species: Loggerhead, green, leatherback, hawksbill, and Kemp’s ridley, sea turtles. –Purpose: shore protection measures initiated under Indian River County’s emergency armoring authorization. –Permit duration: 30 years –Incidental take: impacts to 3,196 feet of sea turtle nesting habitat that will result in the displacement of 1,150 loggerhead, 56 green, and 3 leatherback sea turtle nests. –Mitigation: Purchase ~ 5 acres oceanfront property, predator protection plan, light management program, public education program, county-wide sea turtle monitoring program, emergency armoring protocol, implementation of an MOU with the state on shoreline permitting activities. In total, it is estimated 5,147 sea turtle nests will be protected by these activities. –Time: 5 years.

South Florida Ecological Services Office - Vero Beach Trust Resources Large-scale HCPs Big Pine Key - No Name Key Habitat Conservation Plan: –Species: Florida Key deer, Lower Keys marsh rabbit, and eastern indigo snake. –Purpose: residential and commercial development, as well as transportation improvements. –Permit Duration: 20 years. –Incidental take: 168 acres. –Mitigation: 504 acres, education plan. –Time to complete: 8 years.

South Florida Ecological Services Office - Vero Beach Trust Resources Pending Large-scale HCP Charlotte County Capital Improvement Projects Habitat Conservation Plan: –Species: Florida scrub-jay, bald eagle, and eastern indigo snake. –Purpose: three county-initiated road projects (Winchester Boulevard, South Edgewater Drive, and Solomon Drive) and one redevelopment project (Murdock Village). –Incidental take: 84.2 acres of occupied scrub-jay habitat. –Mitigation: 275 acres to be protected and restored for scrub-jays. –Time under development: 2004 to present.

South Florida Ecological Services Office - Vero Beach Trust Resources Habitat Conservation Planning Assistance Grants (Section 6) Dan Sullivan: FWC, Section 6 Grants Coordinator, (850) , extension Ms. Mike Gantt: FWS, Regional Ecosystem, Grants and Partnership Coordinator, (919) More information go to the our Regional FWS website under Grants and Partnerships and Forms

South Florida Ecological Services Office - Vero Beach Trust Resources Trish Adams x232 Spencer Simon x345 Further Questions