Common use of Compliance with CESA and FESA Clause in Contracts

Compliance with CESA and FESA. The Planning Area contains valuable biological resources, including native species of wildlife and their habitat. Among the species within the Planning Area are certain species that are protected, or may be protected in the future, under CESA and/or FESA. The Parties intend for the Plan to satisfy the requirements for an HCP under section 10(a)(1)(B) of FESA, and an NCCP under the NCCPA, and to serve as the basis for take authorizations under both Acts. Section 2835 of the Fish and Game Code provides that after the approval of an NCCP, DFG may permit the taking of any covered species, listed or non-listed, whose conservation and management is provided for in the NCCP. Take of state-listed species may be authorized pursuant to CESA during development of the Plan. FESA provides that after the approval of an HCP, USFWS and/or NMFS may permit the taking of wildlife species covered in the HCP if the HCP and permit application meet the requirements of section 10(a)(2)(A) and (B) of FESA. Take authorization for federally listed wildlife species covered in the HCP shall generally be effective upon approval of the HCP and issuance of an incidental take permit. Take authorization for non-listed wildlife species covered in the HCP becomes effective if and when the species is listed pursuant to FESA. Take authorization during plan preparation for wildlife species listed pursuant to FESA may be provided pursuant to individual permits issued pursuant to section 10(a)(1)(B), or consultations under section 7 of FESA.

Compliance with CESA and FESA. The Planning Area contains valuable biological resources, including native species of wildlife and their habitat. Among the species within the Planning Area are certain species that are protected, or may be protected in the future, under CESA and/or FESA. The Parties intend for the Plan to satisfy the requirements for an HCP under section Section 10(a)(1)(B) of FESA, and an NCCP under the NCCPA, and to serve as the basis for take authorizations under both Acts. Section 2835 of the Fish and Game Code The NCCPA provides that after the approval of an NCCP, DFG CDFW may permit the taking of any covered identified species, listed or non-listed, whose conservation and management is provided for in the NCCP. Take of state-listed species may be authorized pursuant to CESA during development of the Plan. After approval of the Plan, state authorized take may be provided pursuant to the NCCPA. FESA provides that after the approval of an HCP, USFWS and/or NMFS NOAA Fisheries may permit the taking of wildlife species covered in the HCP if the HCP and permit application meet the requirements of section 10(a)(2)(A) and (B) of FESA. Take authorization for federally listed wildlife species covered in the HCP shall generally general be effective upon approval of the HCP and issuance of an incidental take permit. Take authorization for non-listed wildlife species covered in the HCP becomes effective if and when the species is listed pursuant to FESA. Take authorization during plan preparation for wildlife species listed pursuant to FESA may be provided pursuant to individual permits issued pursuant to section 10(a)(1)(B), or consultations under section 7 of FESA.

Compliance with CESA and FESA. ‌ The Planning Area contains Areas contain valuable biological resources, including native species of wildlife and their habitat. Among the species within the Planning Area Areas are certain species that are protected, or may be protected in the future, under CESA and/or FESA. The Parties intend for the Plan Plans to satisfy the requirements for of an HCP under section Section 10(a)(1)(B) of FESA, and of an NCCP Plan under the NCCPA, and to serve as the basis for take authorizations under both Actsacts. Section 2835 of the Fish and Game Code The NCCPA provides that after the approval of an NCCPNCCP Plan, DFG CDFW may permit the taking of any covered species, listed or non-listed, whose conservation and management is provided for in consistent with the NCCPNCCP Plan. Take of state-state- listed species may be authorized pursuant to CESA during development preparation of the PlanPlans. After approval of the Plans, state-authorized take may be provided pursuant to the NCCPA. FESA provides that after the approval of an HCP, USFWS and/or NMFS may permit the taking of wildlife species covered in the HCP if the HCP and permit application meet the requirements of section 10(a)(2)(A) and (B) of FESA. Take authorization for federally listed wildlife species covered in the HCP shall generally be effective upon approval of the HCP and issuance of an incidental take permit. Take authorization for non-listed wildlife species covered in the HCP becomes effective if and when the species is listed pursuant to FESA. Take authorization during plan preparation for wildlife species listed pursuant to FESA may be provided pursuant to individual permits issued pursuant to section 10(a)(1)(B), or consultations under section 7 of FESA. Although there is no take of plants under FESA and thus USFWS is not able to authorize take of plants, USFWS may include plants as covered species for purposes of extending federal assurances for them provided the MSCP North and East County Plans meet Section 10 issuance criteria and they provide conservation benefits to plants.

Compliance with CESA and FESA. The Planning Area contains valuable biological resources, including native species of wildlife and their habitat. Among the species within the Planning Area are certain species that are protected, or may be protected in the future, under CESA, FESA, or both CESA and/or and FESA. The Parties intend for the Plan to satisfy develop a conservation plan that satisfies the requirements for an HCP under section Section 10(a)(1)(B) of FESA, and an NCCP under the NCCPA, and to serve as the basis for take authorizations under both Actsacts. Section 2835 of the Fish and Game Code provides that after the approval of an NCCP, DFG CDFW may permit the taking of any covered species, both listed or and non-listed, whose conservation and management is provided for in the NCCP. Take of state-listed species may be authorized pursuant to CESA during development of the Plan. However, at the time of Plan approval, state authorized take is to be provided pursuant to the NCCPA. FESA provides that after the approval of an HCP, USFWS and/or NMFS may permit the taking of wildlife species covered in the HCP if the HCP and permit application meet the requirements of section Section 10(a)(2)(A) and (B) of FESA. Take authorization for federally listed wildlife species covered in the HCP shall is generally be effective upon approval of the HCP and issuance of an incidental take permit. Take authorization for non-listed wildlife species covered in the HCP becomes effective if and when the species is listed pursuant to FESA. Take authorization during plan preparation the planning period for wildlife species listed pursuant to FESA may shall be provided pursuant to individual permits issued pursuant to section Section 10(a)(1)(B), ) or consultations under section Section 7 of FESA.

Compliance with CESA and FESA. The Planning Area contains Areas contain valuable biological resources, including native species of wildlife and their habitat. Among the species within the Planning Area Areas are certain species that are protected, or may be protected in the future, under CESA and/or FESA. The Parties intend for the Plan Plans to satisfy the requirements for of an HCP under section Section 10(a)(1)(B) of FESA, and of an NCCP Plan under the NCCPA, and to serve as the basis for take authorizations under both Actsacts. Section 2835 of the Fish and Game Code The NCCPA provides that after the approval of an NCCPNCCP Plan, DFG CDFG may permit the taking of any covered species, listed or non-listed, whose conservation and management is provided for in consistent with the NCCPNCCP Plan. Take of state-state- listed species may be authorized pursuant to CESA during development preparation of the PlanPlans. After approval of the Plans, state-authorized take may be provided pursuant to the NCCPA. FESA provides that after the approval of an HCP, USFWS and/or NMFS may permit the taking of wildlife species covered in the HCP if the HCP and permit application meet the requirements of section 10(a)(2)(A) and (B) of FESA. Take authorization for federally listed wildlife species covered in the HCP shall generally be effective upon approval of the HCP and issuance of an incidental take permit. Take authorization for non-listed wildlife species covered in the HCP becomes effective if and when the species is listed pursuant to FESA. Take authorization during plan preparation for wildlife species listed pursuant to FESA may be provided pursuant to individual permits issued pursuant to section 10(a)(1)(B), or consultations under section 7 of FESA. Although there is no take of plants under FESA and thus USFWS is not able to authorize take of plants, USFWS may include plants as covered species for purposes of extending federal assurances for them provided the North and East County MSCP Plans meet Section 10 issuance criteria and they provide conservation benefits to plants.

Compliance with CESA and FESA. The Planning Area contains Plan Areas contain valuable biological resources, including native species of wildlife and their habitat. Among the species within the Planning Area Plan Areas are certain species that are protected, or may be protected in the future, under CESA and/or FESA. The Parties intend for the Plan Plans to satisfy the requirements for of an HCP under section Section 10(a)(1)(B) of FESA, and of an NCCP Plan under the NCCPA, and to serve as the basis for take authorizations under both Actsacts. Section 2835 of the Fish and Game Code The NCCPA provides that after the approval of an NCCPNCCP Plan, DFG CDFW may permit the taking of any covered species, listed or non-listed, whose conservation and management is provided for in consistent with the NCCPNCCP Plan. Take of state-listed species may be authorized pursuant to CESA during development preparation of the PlanPlans. After approval of the Plans, state-authorized take may be provided pursuant to the NCCPA. FESA provides that after the approval of an HCP, USFWS and/or NMFS may permit the taking of wildlife species covered in the HCP if the HCP and permit application meet the requirements of section 10(a)(2)(A) and (B) of FESA. Take authorization for federally listed wildlife species covered in the HCP shall generally be effective upon approval of the HCP and issuance of an incidental take permit. Take authorization for non-listed wildlife species covered in the HCP becomes effective if and when the species is listed pursuant to FESA. Take authorization during plan preparation for wildlife species listed pursuant to FESA may be provided pursuant to individual permits issued pursuant to section 10(a)(1)(B), or consultations under section 7 of FESA. Although there is no take of plants under FESA and thus USFWS is not able to authorize take of plants, USFWS may include plants as covered species for purposes of extending federal assurances for them provided the MSCP North and East County Plans meet Section 10 issuance criteria and they provide conservation benefits to plants.

Compliance with CESA and FESA. The Planning Area contains Areas contain valuable biological resources, including native species of wildlife and their habitat. Among the species within the Planning Area Areas are certain species that are protected, or may be protected in the future, under CESA and/or FESA. The Parties intend for the Plan Plans to satisfy the requirements for of an HCP under section Section 10(a)(1)(B) of FESA, and of an NCCP Plan under the NCCPA, and to serve as the basis for take authorizations under both Actsacts. Section 2835 of the Fish and Game Code The NCCPA provides that after the approval of an NCCPNCCP Plan, DFG CDFW may permit the taking of any covered species, listed or non-listed, whose conservation and management is provided for in consistent with the NCCPNCCP Plan. Take of state-listed species may be authorized pursuant to CESA during development preparation of the PlanPlans. After approval of the Plans, state-authorized take may be provided pursuant to the NCCPA. FESA provides that after the approval of an HCP, USFWS and/or NMFS may permit the taking of wildlife species covered in the HCP if the HCP and permit application meet the requirements of section 10(a)(2)(A) and (B) of FESA. Take authorization for federally listed wildlife species covered in the HCP shall generally be effective upon approval of the HCP and issuance of an incidental take permit. Take authorization for non-listed wildlife species covered in the HCP becomes effective if and when the species is listed pursuant to FESA. Take authorization during plan preparation for wildlife species listed pursuant to FESA may be provided pursuant to individual permits issued pursuant to section 10(a)(1)(B), or consultations under section 7 of FESA. Although there is no take of plants under FESA and thus USFWS is not able to authorize take of plants, USFWS may include plants as covered species for purposes of extending federal assurances for them provided the MSCP North and East County Plans meet Section 10 issuance criteria and they provide conservation benefits to plants.