Service Publishes Regulations Governing Revocation of Incidental Take Permits

Service Publishes Regulations Governing Revocation of Incidental Take Permits

The U.S. Fish and Wildlife Service today published in the Federal Register new regulations covering incidental take permits issued under the Endangered Species Act. The regulations describe circumstances in which the Service may revoke these permits.

The Service grants incidental take permits to landowners who have voluntarily agreed to develop Habitat Conservation Plans, or HCPs. These plans 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 otherwise lawful development or land use activities.

The regulations governing revocation of incidental take permits were first published in 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: