In response to an order by the U.S. District Court for the District of Columbia, the U.S. Fish and Wildlife Service has suspended the issuance of new incidental take permits under the Endangered Species Act that contain “No Surprises” assurances based on habitat conservation plans with landowners.

Under a Habitat Conservation Plan (HCP), landowners agree to take actions to ensure the long-term conservation of listed species.  The Service in turn issues a permit, allowing the landowner to incidentally take individuals of the species in the course of otherwise legal activities.  The Service adopted the “No Surprises” regulation in 1998 to give certainty to landowners that the Service would not ask for any further mitigation once the permit for the HCP was approved.

Spirit of the Sage Council and other plaintiffs sued the Service over the “No Surprises” policy.  The plaintiffs argued that “No Surprises” was a violation of the Endangered Species Act and the Administrative Procedures Act.  Assistant Secretary of the Interior for Fish, Wildlife and Parks, Craig Manson issued the Following statement on the court’s ruling:

“From the days of Teddy Roosevelt, conservation in America has been a partnership between citizens and government.  The greatest conservation resource we can draw upon are the people who live on and work on the land.  The willing cooperation of private landowners is essential to accomplish the conservation, restoration, and enhancement of habitat for threatened and endangered species.  Although Habitat Conservation Plans may vary enormously in size, scope and the activities they address, a key to all HCP’s has been the ‘No Surprises’ policy.

The policy gives landowners certainty – and an incentive to take affirmative measures that they would not otherwise be required to do.  The inability to give ‘No Surprises’ assurances to landowners would not only be a breach of faith with those landowners, it would also be a serious impediment to our ability to conserve and enhance habitat for imperiled wildlife.”

Excerpts taken from Family Farm Alliance, June 2004 News.



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