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Edwards Aquifer Recovery Implementation Program HABITAT CONSERVATION PLAN <br />An HCP submitted in support of a Section 10 permit application must specify: <br /> The impact that will likely result from the taking; <br /> Steps the applicant will take to monitor, minimize, and mitigate such impacts; the funding <br />available to implement such steps; and the procedures to be used to deal with <br />unforeseen circumstances; <br /> Alternative actions to such taking considered by the applicant and the reasons why such <br />alternatives are not proposed to be used; and <br /> Other measures that may be required as necessary or appropriate for the purposes of <br />the plan. <br />(16 U.S.C. § 1539(a)(2)(A)(i)-(iv); 50 C.F.R. § 17.22(b)(iii)). To issue an incidental take permit, <br />USFWS must find that: <br /> The taking will be incidental; <br /> The applicant will, to the maximum extent practicable, minimize and mitigate the impacts <br />of such taking; <br /> The applicant will ensure that adequate funding for the conservation plan and <br />procedures to deal with unforeseen circumstances will be provided; <br /> The taking will not appreciably reduce the likelihood of survival and recovery of the <br />species in the wild; and <br /> The applicant will ensure that other measures as may be required by USFWS as <br />necessary or appropriate for the purposes of the HCP will be implemented. <br />(16 U.S.C. § 10(a)(2)(B); 50 C.F.R. §§ 17.22(b)(2) and 17.32(b)(2)). <br />The USFWS believes that the biological goals and objectives should be consistent with recovery <br />but in a manner that is commensurate with the scope of the HCP. Under section 10 of the ESA, <br />the USFWS does not explicitly require an HCP to recover listed species or contribute to the <br />recovery objectives outlined in a recovery plan, however, USFWS discourages HCPs that might <br />preclude a significant recovery option. (USFWS 1996(c) at 3-20; 65 FR 35,243, (June 1, <br />2000)). This approach reflects the intent of the section 10(a)(1)(B) incidental take permit <br />process to provide for authorization of incidental take, not to mandate recovery. (Id.). <br />The HCP Handbook Addendum (USFWS and National Marine Fisheries Service [NMFS] 2000), <br />referred to as the "5- <br />development of HCPs. The five points are as follows: <br />1. Defined conservation goals and objectives; <br />2. An adaptive management strategy; <br />3. Compliance and effectiveness monitoring; <br /> <br />1-13 <br /> <br />