FWS Sample Clauses

FWS. Provides technical assistance, to the maximum extent practicable, when requested; and provides information on Federal funding programs.

FWS. The mission of the FWS is to work with others to conserve, protect, manage, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. The FWS Division of Migratory Bird Management serves as a focal point in the United States for policy development and strategic planning, program implementation, and evaluation of actions designed to conserve migratory birds and their habitats. The FWS is legally mandated to implement the conservation provisions of the MBTA, which includes responsibilities for managing migratory bird populations, domestic and international coordination, and the development and enforcement of regulations. The Migratory Bird Conservation Act and the Fish and Wildlife Coordination Act mandate migratory bird habitat conservation including habitat protection through acquisition, enhancement, and/or management, and avoidance and minimization of impacts. FWS programs that involve bird conservation activities include:

FWS a) Issue an enhancement of survival permit to the CEHMM under section 10(a)(1)(A) of the ESA in accordance with 50 CFR 17.32 (d) should the species be listed at some time in the future, to commence upon the listing of the LPC and/or SDL and continuing through the remainder of the term of this Agreement, that would provide CEHMM and Participating Landowners with authorization for incidental take of LPCs and/or SDLs and provide regulatory assurances. The permit, if issued, would authorize take of LPCs and/or SDLs resulting from otherwise lawful activities on enrolled lands that is consistent to the incidental take anticipated under the CCAA. b) Within 30 days of receipt of a completed Certificate of Inclusion from CEHMM, notify CEHMM of the FWS’s determination of whether or not the lands should be enrolled, by concurrence or non-concurrence on the Certificate of Inclusion, concerning the enrollment of the Participating Landowner. After 30 days, concurrence with the CI is granted. c) If available, provide funding through PFW and assist in securing funding from other sources, as applicable, to improve LPC and/or SDL habitat on private lands within the Planning Area.

FWS. The FWS has authority to enter into this MOU under the Endangered Species Act (ESA, 16 U.S.C. § 1531et seq.), NEPA, the Fish and Wildlife Act of 1956 (16 U.S.C. §§ 742(a)-742d & 742e-742j-2), the Fish and Wildlife Coordination Act (“FWCA”) of March 10, 1934 (16 U.S.C.

FWS. The purpose of an FWS is to allow the employee to determine their work schedule within the limits established by the Employer. An FWS includes designated hours (core hours) and days when an employee must be present for work. An FWS also includes designated hours during which an employee may elect to work in order to complete the employee’s basic (non-overtime) work requirement (5 USC 6122). Section 11.3.1. The limits established by the Employer are: — The core period will begin at 0900 hours and end at 1500 hours; — Flexible work hours are from 0600 to 0900 hours and then from 1500 through 1800 hours; and — The normal hours of operation (i.e., 0730 - 1630, Monday through Friday) will be maintained within each organizational element.

FWS. The FWS agrees to provide the following administrative and technical assistance to aid the Association in implementing the conservation measures, subject to authorized and appropriated funds: 1) Issue a permit to the Association, under section 10(a)(1)(A) of the Endangered Species Act with an initial term of 30 years; opportunity to amend within the initial 30 year term; and renew at the end of the 30 year term. The permit will provide the Association’s members, operating in compliance with their individual CIs and CPs, authorization for incidental take of the covered species. For individual CIs, it will provide regulatory assurances should any of the covered species be listed under the ESA in the future. The permit will authorize incidental take of the covered species resulting from otherwise lawful activities on the lands enrolled under CIs and CPs approved by the Association and the FWS. These activities will be specified in each CI or CI/CP as applicable. For CIs, such take would be authorized in the permit under the authority of regulations implementing Candidate Conservation Agreements with Assurances for species federally listed as endangered (50 CFR 17.22(d)) or for species federally listed as threatened (50 CFR 17.32(d)). The CCAA would include the ESA's regulatory assurances set forth at CFR 50 17.22(d)(5). For CPs, in the event a covered species is listed, incidental take coverage provided by the section 7 conference opinion for conservation actions undertaken on lands with a federal nexus, would likely be converted to a biological opinion (see Section 1.4). 2) Review within 60 days those monitoring and other reports submitted by the Association to the FWS for compliance with the terms of the Agreement and associated CIs and CPs.. 3) Serve as an advisor to the Association and its participating members, providing expertise on the management and conservation of the covered species and providing assistance in coordinating implementation of this Agreement. 4) Make every effort to assist the Association in obtaining funds for preserving habitat, monitoring assistance, and/or habitat improvements to achieve the conservation measures and implement monitoring and adaptive management activities outlined in the conservation measures given in Appendices E and F.

FWS. 1. The FWS does not assume jurisdiction over TNC lands by this Agreement. The FWS assumes no liability for damage except that resulting from its own negligence on TNC lands. 2. The FWS will not be held liable in any way to restore the property to its prior condition upon termination or expiration of this Agreement. 3. The FWS agrees to provide technical advice and assistance in obtaining permits that may be required for TNC to fulfill the terms of this Agreement. A state permit will be required. 4. The FWS agrees to ensure that all fish introduced to TNC lands have undergone a fish health assessment, to check for the presence pathogens, as part of standard handling procedures associated with translocation of aquatic species. 5. The FWS will assist in salvaging covered fish species from enrolled aquatic sites (as personnel and funding is available), prior to activities that could result in take and/or if TNC elects to return the site to baseline conditions. 6. The FWS will assist in conducting biological and compliance monitoring in accordance with section 7.5 of this Agreement. 7. The FWS will assist in securing funding for Gila topminnow and desert pupfish conservation activities when appropriate (e.g., under the Partners for Fish and Wildlife program).

FWS. 1. Has worked with TNC, CDOT, and CDOW to compose a species list. 2. Will prepare and/or assist in the preparation of ESA compliance documents to meet the purpose of the MOA. 3. Will work with the parties to this MOA to find acceptable conservation sites.

FWS. The FWS agrees to provide the following administrative and technical assistance to aid the Association in implementing the Conservation Measures, subject to authorized and availability of appropriated funds: 1) Review, those monitoring and other reports submitted by the Association to the FWS for compliance with the terms of the Strategy and associated CI/CPs. 2) Serve on the Conservation Advisory Committee, provide expertise on the management and conservation of the Covered Species, help to determine CPAs, provide assistance in developing and implementing CIs and CI/CPs, evaluate and process modifications or amendments, and provide assistance in coordinating implementation of this Strategy. 3) Help seek funding, if available, to achieve the Conservation Measures and implement monitoring and Adaptive Management activities outlined in the Conservation Measures given in Appendices C and D. 4) Provide technical assistance to the Association and Participating Members regarding migratory birds. This includes identifying potential impacts of the implementation of Conservation Measures during migratory bird nesting season and recommendations of best management practices to avoid impacts to migratory birds.

FWS. The FWS agrees to provide the following administrative and technical assistance to aid the Association in implementing the Conservation Measures, subject to authorized and availability of appropriated funds: 1) Review monitoring and other reports submitted by the Association to the FWS for compliance with the terms of the Strategy and associated CI/CPs and notify the Association if more information is necessary. 2) Serve on the Conservation Advisory Committee, provide expertise on the management and conservation of the Covered Species, help to determine Conservation Priority Areas, provide assistance in developing and implementing CIs and CI/CPs, evaluate and process modifications or amendments, and provide assistance in coordinating implementation of this Agreement. 3) Help seek funding, if available, to achieve the Conservation Measures and implement monitoring and Adaptive Management activities outlined in the Conservation Measures given in Appendices C and D of this Strategy. 4) Provide technical assistance to the Association and Participating Members regarding migratory birds. This includes identifying potential impacts of the implementation of Conservation Measures during migratory bird nesting season and recommendations of best management practices to avoid impacts to migratory birds.