What is a “Habitat Conservation Plan” and an “Incidental Take Permit”?
FWS authorizations called “Incidental Take Permits” are required when non-federal activities will result in “take” of threatened or endangered species (as defined in the Endangered Species Act, or ESA). The FWS’s decision to issue a permit is based upon a conservation plan, which must accompany an application for incidental take. This type of plan is often referred to as a “Habitat Conservation Plan” or “HCP.” The purpose of the HCP and permit is to allow these activities by determining and minimizing the level of take and minimizing and mitigating for that take to the maximum extent practicable.