Critical Habitat Designation for Covered Species Sample Clauses

Critical Habitat Designation for Covered Species. The USFWS acknowledges and agrees that the MSHCP and this Agreement provide a comprehensive, habitat-based approach to the protection of Covered Species by focusing on the lands essential for the long-term Conservation of the Covered Species and appropriate management for those lands. This approach is consistent with the overall purposes of FESA to provide a means whereby the ecosystems upon which endangered and threatened species depend may be conserved. FESA regulations specify that the criteria to be used in designating critical habitat include "those physical and biological features that are essential to the Conservation of a given species and that may require special management considerations or protection." (50 C.F.R. § 424.12(b).) The MSHCP and this Agreement provide for the protection of those physical and biological features essential to the Conservation of the Covered Species in a manner consistent with USFWS regulations concerning the designation of Critical Habitat. The USFWS agrees that, to the maximum extent allowable after public review and comment, in the event that a Critical Habitat determination is made for any Covered Species, and unless the USFWS finds that the MSHCP is not being implemented, lands within the boundaries of the MSHCP will not be designated as Critical Habitat. In addition, if Critical Habitat is designated within the MSHCP boundaries, pursuant to Section 14.11 of this Agreement and except as expressly provided in Section 14.11 of this Agreement and Section 6.8 of the MSHCP regarding Unforeseen Circumstances, no subsequent evaluation of the Covered Species, nor any mitigation, compensation, Conservation enhancement or other protective measures other than those set forth in the MSHCP will be required. Moreover, to the maximum extent allowable after public review and comment, the USFWS agrees to reassess and revise the boundaries of existing designated and proposed Critical Habitat of Covered Species within the MSHCP boundaries after its approval, although the Parties recognize that funding constraints may influence the timing of such regulatory action.
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Critical Habitat Designation for Covered Species. The BDCP and this Agreement provide a comprehensive, habitat-based approach to the protection of Covered Species by focusing on the land and water necessary to provide for the long-term conservation and management of the Covered Species. This approach is consistent with the overall purposes of the ESA to provide a means whereby the ecosystems upon which endangered and threatened species depend may be conserved. At the time critical habitat is considered for a species proposed for listing under the ESA or currently listed under the ESA, the Services will consider whether habitat protections under the BDCP adequately protect habitat that would be deemed essential to the species' recovery and survival. If the finding is that the habitat is adequately protected, and the benefits of exclusion outweigh the benefits of inclusion, such critical habitat would not be designated in BDCP Plan Area. If critical habitat is designated within the BDCP Plan Area subsequent to issuance of the permits, no compensation, mitigation, or minimization measures will be required of the Permittees as a result of the designation.
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Related to Critical Habitat Designation for Covered Species

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