Norman D. Dicks: “Mr. Chairman, I would again point out that the designation of critical habitat has very significant meaning on Federal…”

“Mr. Chairman, I would again point out that the designation of critical habitat has very significant meaning on Federal land, but when critical habitat is designated on private land, all it means is if you have to get a Federal permit, they have to take into account that you have got a murrelelet population and habitat on this particular land, only if there is a Federal nexus. Having said that, there is also a way to deal with the problem of the fact that you have murrelets on the land. That is to do a habitat conservation plan. When you do the habitat conservation plan, and I would take umbrage at what has just been said about this, the company involved here did not negotiate in good faith with the Fish and Wildlife Service. I have talked to the people that were there. They said they made it very clear when they came through the door that they were interested in filing a suit on taking, a constitutional taking, and they were never willing to negotiate.”