Failure to Stay Ahead or to Maintain Rough Proportionality. If the Wildlife Agencies determine that the requirements of this Section or BRCP Chapter 5, Section 5.2.3.5, Chapter 8, Sections
Failure to Stay Ahead or to Maintain Rough Proportionality. If rough proportionality is not being maintained pursuant to Chapter 7 (including Section 7.5.3.1) of the Yolo HCP/NCCP, the Conservancy and the Wildlife Agencies will meet and confer to determine a plan of action that will remedy the situation and achieve compliance. The plan of action may include any of the solutions identified in Section 7.5.3.3 of Chapter 7 of the Yolo HCP/NCCP, or it may include other strategies developed by the Parties. If the Conservancy is unable to achieve compliance after the exercise of all available authority and use of all available resources, the Wildlife Agencies will reevaluate the Permits, relevant components of the Yolo HCP/NCCP, and this Agreement. The Wildlife Agencies may advise the Conservancy on a potential modification or amendment that would address the compliance situation or, if no such strategy appears viable, the Wildlife Agencies may suspend or revoke their Permits, in whole or in part. All Parties acknowledge that failure to fulfill the requirements of the Yolo HCP/NCCP and the Permits would constitute a violation of the Permits and the Wildlife Agencies will take appropriate responsive actions to address any such violation in accordance with the ESA and NCCPA, which could include suspension or revocation of the Permits, in whole or in part. The partial suspension or revocation may include removal of one or more Covered Species or reduction in the scope of the Take Authorizations.
Failure to Stay Ahead or to Maintain Rough Proportionality. If the Wildlife Agencies determine that the requirements of this Section or BRCP Chapter 5, Section 5.2.3.5, Chapter 8, Sections 8.1.1, of Chapter 8.7.8 have not been fulfilled, they will so notify the Implementing Entity in writing, and the Implementing Entity and Wildlife Agencies will meet to develop a mutually agreeable plan of action that will fulfill such requirements, as further described in BRCP Chapter 8, Sections 8.1.1 and 8.7.8. If the Wildlife Agencies determine specifically that the requirements of this Section and BRCP Chapter 8, Sections 8.1.1 and 8.7.8 regarding the addition of land to the BRCP Conservation Lands System have not been fulfilled, they may, by written notice to the Implementing Entity, require it to initiate the requirement to dedicate land in-lieu of BRCP Fees set forth in Agreement Section . The Parties acknowledge that failure to fulfill the requirements of BRCP Chapter 8, 8.7.1.4 would constitute a violation of the Federal and State Permits and that the Wildlife Agencies will take appropriate responsive actions to address any such violation in accordance with the ESA and the NCCPA, which could include suspension or revocation of the Permits, in whole or in part.
