Biological Opinion/EFH Conservation Measures Sample Clauses

Biological Opinion/EFH Conservation Measures. 4.4.1.1 Notwithstanding section 2.1, the Parties recognize that FERC will consult with NMFS and FWS pursuant to Section 7 of the ESA, and NMFS and FWS will likely have to prepare Biological Opinions evaluating the effect of FERC’s action in response to the measures in this Settlement Agreement and engage in Essential Fish Habitat (EFH) consultation under the Xxxxxxxx-Xxxxxxx Act. NMFS and FWS are not making a pre-decisional determination of the outcome of any consultation and expressly reserve the right to take such future action or to issue Biological Opinions and Incidental Take Statements as necessary to meet their obligations under the ESA. Further, NMFS is not making any pre-decisional determinations regarding EFH conservation recommendations necessary to meet its obligations under the Xxxxxxxx-Xxxxxxx Act.
Sample 1
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Biological Opinion/EFH Conservation Measures. The Licensee has been designated as FERC’s non-federal representative for the purposes of preparing (a) a Biological Assessment under the ESA, which will serve as FERC’s draft Biological Assessment; and (b) an essential fish habitat (EFH) Assessment, which must be provided to NMFS to begin EFH consultation under the Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act. If FERC adopts the provisions of this Settlement Agreement as the proposed action in its draft NEPA document, such proposed federal action shall be the basis for the Section 7 consultation between FERC and NMFS, and FERC and Interior, and any biological opinion relating to the New Project License shall address and evaluate such provisions. If FERC adopts the provisions of this Settlement Agreement as the proposed action in an EFH Assessment, NMFS will evaluate such provisions and provide FERC with recommended EFH conservation measures based on such provisions. As of the Effective Date of this Settlement Agreement, NMFS and Interior represent that they enter into this Settlement Agreement believing that the information in the record supports the PM&E measures provided herein. However, NMFS and Interior are not making a pre-decisional determination of the outcome of any consultation and expressly reserve the right to take such future action or to issue such terms and conditions in any Biological Opinions and Incidental Take Statements as necessary to meet their obligations under the ESA. Further, NMFS expressly reserves the right to recommend such EFH conservation measures as necessary to meet its obligations under the Xxxxxxxx-Xxxxxxx Act.
Sample 1

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