The U.S. Fish and Wildlife Service today reproposed regulations regarding incidental take permits that are granted under the Endangered Species Act. The regulations outline the circumstances under which these permits can be revoked.
The Service grants incidental take permits to landowners who have voluntarily agreed to develop Habitat Conservation Plans. These plans, or HCPs, provide a framework for landowners to conserve threatened and endangered species on their property. In return, the permits give landowners authorization for incidental take of listed species resulting from their otherwise lawful development or land use activities.
The regulations governing revocation of incidental take permits were first publishedin June 1999.But a U.S. District Court judge for the District of Columbia ruled the Service had violated the Administrative Procedure Act by failing to provide the public with an adequate opportunity to comment. To address the court ruling the Service:
