United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 1998_register executive 2010-09-24 article Rules and Regulations D09002ee1be004531 D09002ee1be0045e5 United States Department of the Interior originator org United States Government Agency or Subagency United States Fish and Wildlife Service originator org United States Government Agency or Subagency United States Department of Commerce originator org United States Government Agency or Subagency United States National Oceanic and Atmospheric Administration originator org United States Government Agency or Subagency United States National Marine Fisheries Service originator org 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 Title 50 Part 17 50 CFR Part 17 Title 50 Part 222 50 CFR Part 222 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). Vol. 63, no. 35 Office of the Federal Register, National Archives and Records Administration 1998-02-23 continuing daily deposited born digital 262 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-1998-02-23 P0b002ee180a6b8af 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr23fe98 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 fdlp 8835 9083 DGPO 2010-09-24 2023-05-06 FR-1998-02-23 machine generated eng FR FR-1998-02-23 63 35