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The Changing Face
4 ENDANGERED SPECIES BULLETIN JULY/AUGUST 2000 VOLUME XXV NO. 4 The Changing Faceof HCPsby Marj NelsonSection 10 of the EndangeredSpecies Act (ESA), as originally enactedin 1973, authorized permits for thetaking of listed species by non-federalentities only under very limited These permitting provisionswere not flexible enough to addresssituations in which a private landowner sotherwise lawful activities might result inlimited incidental take of listed species,even if the landowner was willing toplan activities carefully to be consistentwith the conservation of the species. Asa result, Congress amended the ESA in1982 to authorize the issuance ofpermits for incidental take of listedspecies in accordance with an approvedHabitat Conservation Plan (HCP). Byminimizing and mitigating the impact ofthe permitted incidental take, HCPscontribute to the long-term conservationof both listed and unlisted an incentive for non-federalproperty owners to make use of theHCP approach, the Fish and WildlifeService and National Marine FisheriesService developed the No Surprises policy to give economic and regulatoryassurances on the overall cost of speciesconservation and mitigation.
The Changing Face by Marj Nelson of HCPs S ection 10 of the Endangered Species Act (ESA), as originally enacted in 1973, authorized permits for the taking of listed species by non-federal entities only under very limited circum-stances.1 These permitting provisions were not flexible enough to address
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