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Habitat Conservation Plan Assurances (``No Surprises'') Rule
Rules and Regulations
D09002ee1be004531
D09002ee1be0045e5
United States
Department of the Interior
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United States Government Agency or Subagency
United States
Fish and Wildlife Service
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United States Government Agency or Subagency
United States
Department of Commerce
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United States Government Agency or Subagency
United States
National Oceanic and Atmospheric Administration
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United States Government Agency or Subagency
United States
National Marine Fisheries Service
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United States Government Agency or Subagency
This final rule codifies the Habitat Conservation Plan assurances provided through section 10(a)(1)(B) permits issued under the Endangered Species Act (ESA) of 1973, as amended. Such assurances were first provided through the ``No Surprises'' policy issued in 1994 by the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), (jointly referred to as the ``Services,'') and included in the joint FWS and NMFS Endangered Species Habitat Conservation Planning Handbook issued on December 2, 1996 (61 FR 63854). The No Surprises policy announced in 1994 provides regulatory assurances to the holder of a Habitat Conservation Plan (HCP) incidental take permit issued under section 10(a) of the ESA that no additional land use restrictions or financial compensation will be required of the permit holder with respect to species covered by the permit, even if unforeseen circumstances arise after the permit is issued indicating that additional mitigation is needed for a given species covered by a permit. The Services issued a proposed rule on May 29, 1997 (62 FR 29091) and the comments received on that proposal have been evaluated and considered in the development of this final rule. This final rule contains revisions to parts 17 (FWS) and 222 (NMFS) of Title 50 of the Code of Federal Regulations necessary to implement the Habitat Conservation Plan assurances.
63 FR 8859
https://www.govinfo.gov/app/details/FR-1998-02-23/98-4367
98-4367
fr23fe98-12
RIN 1018-AE24
4310-55-P
Docket No. 980212035-8035-01
https://www.govinfo.gov/app/details/FR-1998-02-23/98-4367
https://www.govinfo.gov/content/pkg/FR-1998-02-23/html/98-4367.htm
https://www.govinfo.gov/content/pkg/FR-1998-02-23/pdf/98-4367.pdf
15 p.
8859
8873
63 FR 8859
Code of Federal Regulations
Title 50 Part 17
50 CFR Part 17
Code of Federal Regulations
Title 50 Part 222
50 CFR Part 222
Regulation Identification Number 1018-AE24
RIN 1018-AE24
Habitat Conservation Plan Assurances (``No Surprises'') Rule; Federal Register Vol. 63, Issue
RULE
98-4367
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
National Marine Fisheries Service
1998-03-25
Docket No. 980212035-8035-01
4310-55-P
98-4367
Final rule.
This final rule codifies the Habitat Conservation Plan assurances provided through section 10(a)(1)(B) permits issued under the Endangered Species Act (ESA) of 1973, as amended. Such assurances were first provided through the ``No Surprises'' policy issued in 1994 by the Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS), (jointly referred to as the ``Services,'') and included in the joint FWS and NMFS Endangered Species Habitat Conservation Planning Handbook issued on December 2, 1996 (61 FR 63854). The No Surprises policy announced in 1994 provides regulatory assurances to the holder of a Habitat Conservation Plan (HCP) incidental take permit issued under section 10(a) of the ESA that no additional land use restrictions or financial compensation will be required of the permit holder with respect to species covered by the permit, even if unforeseen circumstances arise after the permit is issued indicating that additional mitigation is needed for a given species covered by a permit. The Services issued a proposed rule on May 29, 1997 (62 FR 29091) and the comments received on that proposal have been evaluated and considered in the development of this final rule. This final rule contains revisions to parts 17 (FWS) and 222 (NMFS) of Title 50 of the Code of Federal Regulations necessary to implement the Habitat Conservation Plan assurances.
This rule is effective March 25, 1998.
E. LaVerne Smith, Chief, Division of Endangered Species, U.S. Fish and Wildlife Service, (Telephone 703/358- 2171, or Facsimile 703/358-1735), or Nancy Chu, Chief, Endangered Species Division, National Marine Fisheries Service (Telephone (301/ 713-1401, or 301/713-0376).
Federal Register
Vol. 63, no. 35
Office of the Federal Register, National Archives and Records Administration
1998-02-23
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262 p.
Table of Contents:
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https://www.govinfo.gov/app/details/FR-1998-02-23
https://www.govinfo.gov/content/pkg/FR-1998-02-23/pdf/FR-1998-02-23.pdf
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