Regulatory Assurances under the ESA – The No Surprises Rule Sample Clauses

Regulatory Assurances under the ESA – The No Surprises Rule. Under the No Surprises rule (63 Fed. Reg. 8859 (Feb. 23, 1998)), once an incidental take permit has been issued pursuant to an HCP, and its terms and conditions are being properly implemented, the federal Fish and Wildlife Agencies will not require additional measures for Changed Circumstances not provided for in the plan or for unforeseen circumstances, without the consent of the Permittee, including land, water (including quantity and timing of delivery), financial compensation, or restrictions on the use of those resources (63 Fed. Reg. 8859, 8868 (Feb. 23, 1998)). If the status of a species addressed under an HCP unexpectedly declines because of unforeseen circumstances, the primary obligation for undertaking additional conservation measures rests with the federal government, other government agencies, or other nonfederal landowners who have not yet developed HCPs. However, the federal Fish and Wildlife Agencies may, in the event of unforeseen circumstances, require additional measures provided they are limited to modifications in conserved natural community areas or to the HCP’s operating conservation program (e.g., the Conservation Strategy) for the affected species, and that these measures do not involve additional financial commitments or resource restrictions without the consent of the Permittee. These assurances are provided to all HCP permittees that properly implement their plans. The No Surprises rule, however, does not apply to federal agencies. 50 C.F.R. § 222.307(g).
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