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Habitat Conservation Plan OverviewA Habitat Conservation Plan (HCP) is an endangered species management plan, developed under the federal Endangered Species Act (ESA). The main objectives of a HCP are to delineate, assess, and minimize adverse effects and to mitigate and offset negative impacts of a particular action, from a range or set of actions considered, on a federally-listed endangered species, while allowing incidental harm, or “taking”, of a species by an otherwise lawful and legitimate activity. The HCP works in concert with an Endangered Species Recovery Plan under ESA to assure, to the maximum extent practicable, the survival and recovery of the species of concern in the wild. A responsive HCP is a prerequisite to the issuance of a permit from the US Fish and Wildlife Service (a so-called Section 10 permit) for those actions and activities with the potential for incidental take. After a public notice and comment period, USFWS may issue a permit if it finds:
Why is an EIS required? The issuance of a Section 10 permit is a federal action subject to the provisions of the National Environmental Policy Act (NEPA), which requires the federal agency involved in that action to assess its potential for significant adverse environmental impact. After a preliminary assessment, if a “Finding of No Significant Impact” cannot be made, then the agency is required to undertake a detailed analysis prescribed by the Council on Environmental Quality and to document its process and results in an Environmental Impact Statement (EIS). What action of the BSEACD triggers these needs? The Barton Springs/Edwards Aquifer Conservation District’s Groundwater Management Plan is a plan mandated for all groundwater conservation districts by State law. It specifies how the District will administer its responsibilities to conserve, preserve, protect, promote recharge, and prevent waste of groundwater in the District. The Management Plan is revised periodically, at least once each five years. The regulatory compliance program of the District includes rules, permits, and water use fees, and incorporates a Drought Management Plan. It is the primary vehicle used to fulfill the District’s responsibilities, and it is specifically designed to optimize the amount of groundwater available for all users and uses under all conditions, including extreme drought. One of these uses is habitat at the natural discharge point of the aquifer for a listed endangered species, the Barton Springs salamander (Eurycea sosorum). However, sufficient water for any and all uses, including spring flow considered necessary to the habitat, is not and cannot be guaranteed at all times under this program. So District actions under the Management Plan, while a legally mandated and legitimate activity, have the potential for “incidental take” of a listed endangered species. Accordingly, the District announced its intent to apply for a Section 10 permit to comply with federal law in the course of continuing to administer its regulatory program in the Management Plan authorized under State of Texas law. The US Fish and Wildlife Service subsequently determined that the issuance of a Section 10 permit for the District’s Management Plan will require an EIS, and that the HCP and the EIS should be undertaken jointly and integrated. The findings and provisions of the HCP will then be reflected in a revised Groundwater Management Plan. What will be involved in the development and implementation of the HCP and EIS? In 2004, the District applied for and was awarded a 3-year grant from the Fish and Wildlife Service, through the Texas Parks and Wildlife Department, to conduct a HCP for the federally listed Barton Springs salamander (Eurycea sosorum) and to develop a preliminary Draft EIS for the permit. The proposed HCP for the Barton Springs/Edwards Aquifer Conservation District will examine the groundwater flows to and from the Springs, the pumping of wells in the Aquifer, and the effects of pumpage and spring flow under drought conditions on water quantity, water chemistry, and water quality in the Springs. Impacts on both the Barton Springs salamander (Eurycea sosorum) and a candidate species for federal listing, the Austin Blind salamander (Eurycea waterlooensi), will be studied, as they are endangered species that share the habitat of Barton Springs. Various alternative actions and mitigation strategies will be developed, assessed, and ultimately recommended as part of the HCP. The District is working with various public agencies, some of which are providing in-kind services as is the District, as well as technical services contractors to complete the plan. In addition, several citizen and technical expert advisory groups are providing input and reviewing outputs. The overall goal of the District’s HCP/DEIS/Management Plan process is to protect these species while providing a requisite water supply to the people who are dependent on the Aquifer. The HCP results likely will ultimately influence the District’s groundwater management policies, especially those applicable during times of extreme drought and high water demand. The revised Management Plan is the implementation of the HCP, not something apart from it. Some mitigation and groundwater management strategies identified in the HCP may require administrative and operational changes in the District, and others may be possible only with legislative changes and/or commitments of other political subdivisions, necessitating an “adaptive management” approach to take advantage of beneficial conditions as they arise in the future. |
