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<br />F RAY E 0 S A F E T Y NET S ..........................................................................................................................................................................; <br /> <br />information may become available during the <br />timespan of the plan. Also, stochastic environ- <br />mental fluctuations, as well as demographic fluc- <br />tuations, typically occur in populations, and <br />management must be able to respond to those <br />fluctuations. Despite the importance of environ- <br />mental variability (Lacy 1993) and catastrophic <br />events (Mengel and Tier 1994; Schaffer 1987) to <br />the likelihood of population persistence, almost <br />no species' recovery plans have information on <br />environmental variability (Schemske et al. 1994; <br />Tear et al. 1995), and few plans evaluated here <br />incorporated such information. <br />It is difficult to assign responsibility for guar- <br />anteeing the persistence of species which decline <br />because of environmental factors or catastrophic <br />events beyond human control. But it is irre- <br />sponsible and against the public interest for <br />HCPs to be designed as if environmental fluctu- <br />ations will not occur. FWS has recognized that <br />the applicant should provide for "changed cir- <br />cumstances" or contingencies that can reason- <br />ably be anticipated during the course of an <br />HCP, but this has mainly applied to foreseeable <br />changes in the plan or its implementation, <br />rather than biological changes (FWS and NMFS <br />1996). Under the no-surprises policy, changes <br />in plans will be very difficult to impose, and it is <br />essential that landowners incorporate up front <br />the possibility of natural fluctuations by design- <br />ing plans that can adapt to them. Although the <br />no-surprises policy makes extensive plan changes <br />quite difficult, some plans have incorporated <br />methods for employing an experimenral <br />approach or tying management to monitoring <br />results. Some of the best examples include the <br /> <br />Massachusetts piping plover HCP and the <br />Washington DNR HCP. <br /> <br />Positive Examples <br /> <br />The safe-harbor program for the sandhills <br />region of North Carolina is a good example of a <br />program that promotes active habitat manage- <br />ment through incentives to landowners. As dis- <br />cussed earlier in this report, periodic fire distur- <br />bance has historically maintained longleaf pine <br />forests, home to the endangered red-cockaded <br />woodpecker. In the absence of fire or active <br />managemenr to remove hardwood understory, <br />areas become unsuitable for woodpeckers. <br />Although Section 9 of the ESA prohibits <br />landowners from taking woodpeckers or destroy- <br />ing their habitat, there is no requirement that <br />they manage the habitat so that it remains suit- <br />able. For this species and many other species <br />that depend upon habitat that requires active <br />management, current ESA regulations fail to <br />protect them in the long term. Under the sand- <br />hills safe-harbor program, however, participating <br />landowners sign a Certificate of Inclusion in <br />which they agree to perform voluntary habitat <br />management or enhancement (e.g., hardwood <br />removal, periodic burning, or drilling cavities for <br />woodpecker nests) in exchange for the assurance <br />that any additional woodpeckers that settle on <br />the property will not result in additional land- <br />use restrictions. <br />When the Louisiana black bear was listed as <br />threatened in 1992, private landowners raised <br />many questions about their obligations under the <br />ESA, and also about what land management <br />techniques are compatible with bears. Although <br /> <br />- <br />