Common use of ASSURANCES PROVIDED Clause in Contracts

ASSURANCES PROVIDED. The FWS provides regulatory assurances to the Permit Holder in the associated Section 10(a)(1)(A) Enhancement of Survival Permit supported by this CCAA. Consistent with 50 CFR §17.22(d)(5) and 17.32(d)(5) and the FWS’ Candidate Conservation Agreement with Assurances Final Policy (81 Fed. Reg. at 95,164), if the DSL is listed, the FWS will not require additional Conservation Measures (including conservation measures and actions as described in this CCAA) nor impose additional land, water, or resource-use restrictions, beyond those voluntarily agreed to and described in this Section, as long as the CCAA and CIs are properly implemented. These assurances will be authorized through the Enhancement of Survival Permit, which will become effective if the DSL is listed in the future if the terms of the CCAA has been fully implemented. As described in more detail below, these assurances also apply in the event of Unforeseen Circumstances. FWS may request additional Conservation Measures of the Participants with CIs. However, any such additional Conservation Measures would be voluntary and must be agreed to by the Administrator and the relevant Participant in writing as an amendment to the CI. The Permit, when it becomes effective, will also authorize the incidental take of the species by Participants as long as the take is consistent with the terms of this CCAA and relevant CI, and the CCAA has been fully implemented.

ASSURANCES PROVIDED. The FWS provides regulatory assurances to the Permit Holder in Participants through this CCAA and the associated Section section 10(a)(1)(A) Enhancement of Survival Permit supported by this CCAApermit. Consistent with 50 CFR §17.22(d)(5) and 17.32(d)(5) and the FWS’ ’s Candidate Conservation Agreement with Assurances Final Policy (81 Fed. Reg. at 95,16464 FR 32,726 (June 17, 1999), if the DSL is listed), the FWS will not require additional Conservation Measures (including conservation measures and actions as described in this CCAA) nor impose additional land, water, or resource-resource use restrictions, beyond those voluntarily agreed to and described in Section XII (Conservation Measures) and this Section, as long as the CCAA and CIs are properly implemented. These assurances will be authorized through issuance of the Enhancement of Survival Permitpermit, which will become effective if the DSL LEPC is listed in the future if the terms of the CCAA has been fully implementedfuture. As described in more detail below, these assurances also apply in the event of Unforeseen Circumstancesunforeseen circumstances. The FWS may request additional Conservation Measures conservation but because it is voluntary on the part of WAFWA and Participants, consent of the Participants with CIs. However, any such additional Conservation Measures would be voluntary and affected parties must be agreed to by the Administrator and the relevant Participant in writing as an amendment to the CIwriting. The Permitpermit, when it becomes effective, will also authorize the incidental take of the species LEPCs by Participants as long as the take “take” is consistent with the terms of this CCAA and relevant CI. Assurances Provided to Participant in Case of Changed or Unforeseen Circumstances The assurances listed below apply to Participants where the CCAA is being properly implemented. “Changed circumstances” are those alterations in circumstances that can reasonably be anticipated and planned for in the CCAA. “Unforeseen circumstances” are changes in circumstances that could not reasonably have been anticipated by XXXXX and FWS at the time of the CCAA’s negotiation and development, and that result in a substantial and adverse change in the CCAA has been fully implementedstatus of the species.

ASSURANCES PROVIDED. ‌ The FWS provides regulatory assurances to the Permit Holder in the associated Section 10(a)(1)(A) Enhancement of Survival Permit supported by this CCAA. Consistent with 50 CFR §17.22(d)(5) and 17.32(d)(5) and the FWS’ Candidate Conservation Agreement with Assurances Final Policy (81 Fed. Reg. at 95,164), if the DSL is listed, the FWS will not require additional Conservation Measures (including conservation measures and actions as described in this CCAA) nor impose additional land, water, or resource-use restrictions, beyond those voluntarily agreed to and described in this Section, as long as the CCAA and CIs are properly implemented. These assurances will be authorized through the Enhancement of Survival Permit, which will become effective if the DSL is listed in the future if the terms of the CCAA has been fully implemented. As described in more detail below, these assurances also apply in the event of Unforeseen Circumstances. FWS may request additional Conservation Measures of the Participants with CIs. However, any such additional Conservation Measures would be voluntary and must be agreed to by the Administrator and the relevant Participant in writing as an amendment to the CI. The Permit, when it becomes effective, will also authorize the incidental take of the species by Participants as long as the take is consistent with the terms of this CCAA and relevant CI, and the CCAA has been fully implemented.