Mitigation of Habitat “Take”: Application to Habitat Conservation Planning

One of the most important provisions of the U.S. Endangered Species Act precludes the “taking” of listed species on both public and private land. In past Endangered Species Act litigation, take has been broadly interpreted to include the destruction or modification of habitats as well as the direct killing of animals. This requirement created an extensive burden on private landowners to provide habitats for listed species. This burden was substantially lessened when the ESA was modified in 1982 to allow incidental takings conditioned on preparation of a satisfactory “habitat conservation plan.” Because the majority of listed species are imperiled due to habitat modification, most habitat conservation plans must demonstrate defensible methods to mitigate against incidental habitat loss. A review of HCPs for the Northern Spotted Owl ( Strix occidentalis), and other species, indicates that mitigation solutions are often arbitrary, lacking an empirical foundation in the species’ life history requirements. Based on data from the Spotted Owl, we illustrate a biologically based method for estimating the areal requirements necessary to mitigate against the take of essential habitats. Toward this goal we adopt the concept of “core area,” that portion of an animal’s home range that receives disproportionate use. We estimated core areas by means of the adaptive kernel density function and tested against a null distribution of animal use that assumes a bivariate, uniform distribution of locations within the home range. The method we illustrate, which is defensible, repeatable, and empirical, is a clear improvement over the ad hoc methods used in many habitat conservation plans. Further, the methods we propose should be applicable to a large number of terrestrial species for which home range is a meaningful concept.