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15 Endangered Species Tech. Bull. 1 (1990)

handle is hein.animal/endanspb0015 and id is 1 raw text is: Vol. XV No. 1 Technical Bulletin Department of the Interior, U.S. Fish and Wildlife Service, Washington, D.C. 20204 Austin Regional Habitat Conservation Plan David A. Tilton' and Joseph E. Johnston2 Austin, Texas, and its environs contain one of the largest known concentrations of Endangered and other vulnerable spe- cies in a major metropolitan area. Be- cause of concerns for these animals and plants, and for the effects that their pro- tection could have on development in the Austin area, a committee of developers and conservationists has been formed to prepare an Austin Regional Habitat Con- servation Plan (Regional Plan). The committee's objective is to identify and carry out measures, such as the establishment of a habitat preserve, that would ensure the survival of Austin's endangered wildlife while accommodating orderly economic development. Interest in these issues is running high. In 1988, an environmental organization, Texas Earth First!, gave notice of intent to sue several developers and government agencies for alleged violations of the Endangered Species Act. Although no suit has been filed, the organization's notice helped to bring the divergence between advocates for Austin's endangered wildlife and many development interests into focus. Both sides now appear to have a greater appreciation for the benefits of a conser- vation partnership. The six listed species in the Austin area covered by the Regional Plan are a song- bird, the black-capped vireo (Vireo atricapillus), and five cave-dwelling inver- tebrates: the Tooth Cave spider (Lep- toneta myopica), Tooth Cave pseudo- scorpion (Microcreagris texana), Tooth Cave ground beetle (Rhadine per- sephone), Bee Creek Cave harvestman (Texella reddelli), and Kretschmarr Cave mold beetle (Texamaurops reddelli). The Regional Plan also addresses three Category 2 listing candidates: another songbird, the golden-cheecked warbler (Dendroica chrysoparia), and two plants, the bracted twistflower (Streptanthus bracteatus) and the Texas amorpha (Amorpha roemeriana). The status of the black-capped vireo is of particular concern. Biologists with the Service's Fort Worth, Texas, Field Office black-capped vireo report a continuing decline in the species' nesting population within Travis County (which includes Austin). In 1987, there were indications of 81 nesting pairs in the area. By 1988, however, the number had dropped to 40, and in 1989 only about 27 nesting pairs remained. Take and Incidental Take Under certain circumstances, con- struction activity within the habitat of a listed species can constitute take, a vio- lation of the Endangered Species Act and its implementing regulations. Take is defined in the Act as harass, harm, pur- sue, hunt, shoot, wound, kill, trap, cap- ture, or collect, or attempt to engage in any such conduct. Fish and Wildlife Service regulations define harass and harm as follows: harass-an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering. harm-an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degra- dation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Section 10(a) of the Act authorizes the Service to grant permits to non-Federal entities for the incidental take of listed species under certain circumstances. The Service defines this term as takings that result from, but are not the purpose of, carrying out an otherwise lawful activity. To obtain an incidental take permit, the applicant must submit a Habitat Conser- vation Plan to the Service outlining the likely impacts on listed species from the taking, procedures for minimizing and mit- igating the impacts, and funding sources for implementing these procedures. (See 50 CFR 17.22.) At a minimum, the Habitat Conservation Plan must ensure that any (continued on page 6) ENDANGERED SPECIES TECHNICAL BULLETIN Vol. XV No. (1990) January 1990 foam

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