Doesn’t “take” apply only to listed animal species? Why is the County also including plant species and candidate species in the Habitat Conservation Plan?

Yes, the Federal Endangered Species Act take prohibition applies only to animal species. The taking of a listed animal species can result in the imposition of civil or criminal penalties. There is no prohibition under federal law for the taking of a listed plant species on non-federal lands, unless taking of those plants would result in the likelihood of injury or death to an animal species. For example, the Fender’s blue butterfly is dependent on Kincaid’s lupine for its survival. If the lupine is destroyed, the Fender’s blue butterfly may perish. Therefore, even though the Kincaid’s lupine is a plant species, its destruction may result in the take of the Fender’s blue butterfly, in violation of the law. Under the state endangered species act, the County is required to avoid impacts to state listed plant species on County lands. The state endangered species act does not apply to private lands. The County’s goal is balancing conservation of rare plants with essential public services in the County. By including the species in the habitat conservation plan the County can better direct its conservation efforts. Also, their inclusion in the habitat conservation plan may open doors for federal funding to assist in conservation of these species.