Endangered Species Conservation Banking

ENVIRONMENTAL DEFENSE

Endangered Species Endangered Species Conservation BankingConservation Banking

Michael BeanMichael Bean Chair, Wildlife ProgramChair, Wildlife Program


Endangered Species Conservation Banking

Basic duties of the ESABasic duties of the ESA

1.1. No “take” of listed animals without No “take” of listed animals without a permit.a permit.

2.2. Federal actions must not Federal actions must not “jeopardize” listed species.“jeopardize” listed species.



The exceptionsThe exceptions

1.1. Take “incidental to otherwise lawful Take “incidental to otherwise lawful activities” permitted if mitigated activities” permitted if mitigated (§9).(§9).

2.2. Federal agencies can incorporate Federal agencies can incorporate conservation measures in project conservation measures in project descriptions to avoid jeopardy (§7).descriptions to avoid jeopardy (§7).



Terminology: Why Terminology: Why “conservation” rather than “conservation” rather than

“mitigation” banks?“mitigation” banks?

1.1. Wetland mitigation banking has Wetland mitigation banking has been highly controversial.been highly controversial.

2.2. No obligation to impose No obligation to impose “mitigation” under §7.“mitigation” under §7.



A quick history of endangered A quick history of endangered species conservation bankingspecies conservation banking

1.1. First banks pre-dated any banking First banks pre-dated any banking policy.policy.

2.2. California promulgated first banking California promulgated first banking policy in 1995.policy in 1995.

3.3. First formal FWS guidance in May 2003.First formal FWS guidance in May 2003.

4.4. NOAA-Fisheries has neither policy nor NOAA-Fisheries has neither policy nor banking experience.banking experience.



The federal guidanceThe federal guidance

1.1. Notice of availability published in Notice of availability published in Federal Register, but not the Federal Register, but not the guidance itself.guidance itself.

2.2. No public input on the guidance.No public input on the guidance.



Conservation Bank Conservation Bank defineddefined

““A parcel of land containing natural resource A parcel of land containing natural resource values that are conserved and managed values that are conserved and managed in in perpetuityperpetuity, through a conservation , through a conservation easement held by an entity responsible for easement held by an entity responsible for enforcing the terms of the easement, enforcing the terms of the easement, for for specified listed speciesspecified listed species and used to offset and used to offset impacts occurring elsewhere impacts occurring elsewhere to the same to the same resource valuesresource values on non-bank lands.” on non-bank lands.”



Credits definedCredits defined

““Credits are the quantification Credits are the quantification of a species’ or habitat’s of a species’ or habitat’s conservation values within a conservation values within a bank.”bank.”



More on creditsMore on credits

1.1. ““In its simplest form, one credit will In its simplest form, one credit will equal one acre of habitat or the area equal one acre of habitat or the area supporting one nest site or family supporting one nest site or family group.”group.”

2.2. ““The most important consideration for The most important consideration for any mitigation requirements … is that any mitigation requirements … is that they should be proportionate … to the they should be proportionate … to the extent of the impact and consistent extent of the impact and consistent from project to project.” from project to project.”



What actions produce What actions produce credits?credits?

1.1. Unlike wetland banking policy, endangered Unlike wetland banking policy, endangered species banking policy welcomes acquisition species banking policy welcomes acquisition or protection of existing habitat.or protection of existing habitat.

2.2. Credits for creating or restoring habitat are Credits for creating or restoring habitat are possible, but seldom pursued in practice.possible, but seldom pursued in practice.



Where can credits be Where can credits be used?used?

1.1. Within specified “service areas.”Within specified “service areas.”

2.2. Service areas generally Service areas generally correspond to “recovery units” in correspond to “recovery units” in recovery plans.recovery plans.



Some practical Some practical challengeschallenges

1.1. Quantification of credits (and debits) is Quantification of credits (and debits) is relatively subjective and difficult.relatively subjective and difficult.

2.2. Acres are often a poor surrogate for Acres are often a poor surrogate for conservation values.conservation values.

3.3. Potential market for credits may be very Potential market for credits may be very local and very small.local and very small.

4.4. Market is further undermined by Market is further undermined by inconsistent enforcement.inconsistent enforcement.



Some examples of endangered Some examples of endangered species conservation banksspecies conservation banks

1.1. International Paper red-cockaded International Paper red-cockaded woodpecker bank.woodpecker bank.

2.2. Hickory Pass Ranch bank for golden-Hickory Pass Ranch bank for golden-cheeked warbler.cheeked warbler.

3.3. Mobile Area Sewer and Water Commission Mobile Area Sewer and Water Commission gopher tortoise bank.gopher tortoise bank.

4.4. Coles Levee Bank for California Coles Levee Bank for California gnatcatcher.gnatcatcher.

Endangered Species Conservation Banking

Documents

Transcript of Endangered Species Conservation Banking