How does the habitat conservation plan protect the County from legal liability?

There is no law requiring the County to prepare the plan. The federal endangered species act (ESA), however, is not voluntary. Everyone is required to comply with the Act. This means activities cannot “take” listed animal species, unless special authorization to take the species is obtained from the USFWS (or NMFS for marine and salmonid species). Section 10(a)(1)(B) of the federal ESA allows the USFWS to issue a permit to a non-federal agency or private individual to impact a listed animal species. In return the non-federal agency or private individual agrees to minimize and mitigate for those impacts. Benton County’s prairie species habitat conservation plan outlines how the County will avoid impacts to seven prairie species and where impacts are unavoidable, how it will minimize and mitigate for impacts. In return, the USFWS issues an incidental take permit to the County allowing for a certain amount of take. The habitat conservation plan only applies to those species and activities covered in the plan. One of the benefits of this type of plan is that the County does not have to go to the USFWS every time it undertakes an action that could affect a listed animal species.