HABITAT CONSERVATION PLAN. As an alternative to the GCP (s) described above, Non-Federal Parties or the LE may develop HCP (s) consistent with the applicable elements of this Agreement for use with other information and documents necessary to apply for an incidental take permit(s) under ESA section 10(a)(1)(B) and implementing regulations for such listed species. In that case, USFWS and NMFS shall assist in the development of any such HCP(s) and related documents by providing outreach and guidance about statutory, regulatory, and policy standards and by facilitating development of associated application packages that meet applicable standards.
HABITAT CONSERVATION PLAN. Pursuant to provisions of Section 10(a)(2)(A) of the ESA [16 U.S.C. § 1539 (a)(2)(A)], the El Coronado Ranch and Cattle Company has prepared a Habitat Conservation Plan and submitted it to the Service with a request that the Service issue a Permit pursuant to Section 10(a)(1)(B)[16 U.S.C. § 1539 (a)(1)(B)] to allow the Plan Species to be incidentally taken, within the Permit Area as depicted and described in Figure 1 of the HCP. The HCP proposes a program of conservation for the Plan Species and their habitats and is designed to provide a conservation benefit to the Plan Species and be consistent with the appropriate recovery plan.
HABITAT CONSERVATION PLAN. Pursuant to the provisions of Section 10(a)(1)(B) of the ESA and Section [x] of the [State] Endangered Species Act [if applicable], [applicant, hereinafter referred to as Permittee] has prepared a Habitat Conservation Plan (HCP) and submitted it to the Service[s] with a request that the Service[s] issue a Permit (Permit) to allow subject Plan species to be incidentally taken within the Permit Area as depicted and described in Figure [x] of the HCP. The HCP proposes a mitigation program for the subject Plan Species and their habitats.
HABITAT CONSERVATION PLAN. Pursuant to the provisions of Section 10(a)(l)(B) of the ESA, Xxxxxxx prepared a Habitat Conservation Plan (HCP) and, on the 19th day of December, 1991, submitted it to the Service as part of an application for an Incidental Take Permit (Permit) to allow Spotted Owls to be incidentally taken, as that term is defined in the ESA, within the Plan area, as that term is defined in the HCP. The HCP proposed a program of conservation for the Spotted Owl and its habitat within the Plan area. The HCP was the product of lengthy study and negotiations and represents coordination of private interests with those of conservation interests in cooperation with the Federal government. On August 24, 2006, Xxxxxxx’x successor in interest, Green Diamond, submitted to the Service an application for an amended Incidental Take Permit (Amended Permit) and proposed amendment to the HCP (together with the HCP, the “Amended HCP”). The proposed amendment was developed and reviewed in coordination with the Service.
HABITAT CONSERVATION PLAN. If XXXXX decides to amend the CCAA to address financial and defensibility concerns, WAFWA should consider preparing an HCP for the new participants as an alternative to a new CCAA. USFWS guidance until now has been that HCPs must cover at least one listed species, effectively precluding the use of an HCP just for a non-listed species (USFWS and NMFS 2016). As part of this realignment process, USFWS has stated that its policy is changing to allow HCPs to cover only non-listed species.39 In fact, USFWS is already working with several applicants around the country who are preparing HCPs only for non-listed species. There are several important differences between an HCP and a CCAA that should be considered. First, HCPs have a different regulatory standard from a CCAA. HCPs must “fully offset” the impact of the take or mitigate it to the maximum extent practicable. This mitigation standard is arguably lower than the “net conservation benefit” standard in the 2016 CCAA policy (and which would apply to a new CCAA).40 Second, an HCP allows for companies to enroll at any time, before or after LPC listing. In contrast, a CCAA only allows enrollment before listing occurs. If LPC listing becomes final in mid- to late 2022, the current CCAA would allow additional enrollment for, at most, another 12–18 months from when enrollment is reopened, assuming this happens next year (enrollment is currently closed pending realignment). Industry participants in the realignment process were more immediately concerned with ensuring the financial sustainability of the program than with expanding enrollment, so this difference between an HCP and CCAA may not be as important to WAFWA. Finally, an HCP would take more time to prepare and cost more than a new CCAA. The time and cost involved in a new HCP depends heavily on the type of NEPA document USFWS selects and how different the HCP would be from the original CCAA. An HCP has more requirements than a CCAA, although many of those requirements can be met by incorporating work already done by WAFWA in implementation (e.g., monitoring program, funding plan). It is unclear whether NEPA compliance for a new HCP could be accomplished with Categorical Exclusion or whether a new Environmental Assessment may be needed. USFWS makes the determination after an evaluation of the differences between the HCP conservation strategy and the original CCAA conservation measures, and other factors such as the level of controversy expected (a Categorica...
HABITAT CONSERVATION PLAN. Seller and/or its affiliates shall work cooperatively with Purchaser such that the rights, title, obligations and interests of Seller in and to the existing Native Fish Habitat Conservation Plan, and the Incidental Take Permit issued by the United States Fish and Wildlife Service in relation thereto, as they affect each Phase of the Property at the appropriate Closing are carried forward with respect to each Phase of the Property acquired by Purchaser; provided, however, that the Closing of any Phase shall not be extended due to the absence of any such assignment. Purchaser shall reimburse Seller for any out of pocket costs associated with such assignment, transfer or other process required to achieve such result.
HABITAT CONSERVATION PLAN. Pursuant to the provisions of section 10(a)(1)(B) of the ESA, the Permittee has prepared the HCP and submitted it to the Service with a complete application, requesting that the Service issue the Permit to allow the golden-cheeked warbler to be incidentally taken by activities within the Property. The HCP establishes a plan to minimize and mitigate to the maximum extent practicable potential impacts to the golden-cheeked warbler.
HABITAT CONSERVATION PLAN. (a) Chelan PUD shall carry out its obligations as set forth in the 50-year HCP Agreement for the Rocky Reach Hydroelectric Project No. 2145, filed with FERC on November 24, 2003, approved by the Commission at 107 FERC ¶ 61,280 and ¶ 61,281, and prescribed by National Marine Fisheries Service (NMFS) and USFWS pursuant to Section 18 of the Federal Power Act. Further, the licensee shall file with the Commission (1) the final annual and comprehensive progress reports developed pursuant to the HCP; and (2) the final results of all studies and testing pursuant to the HCP.
HABITAT CONSERVATION PLAN. Lease Area is located within an area that is subject to State’s 1997 Habitat Conservation Plan (Habitat Conservation Plan) adopted in connection with Incidental Take Permit No. PRT-812521 as supplemented by Permit No. 1168 (Incidental Take Permit No. PRT-81251 and Permit No. 1168 shall be collectively referred to as “ITP”). As long as the Habitat Conservation Plan remains in effect, Lessee and Lessee’s Permittees shall comply with the terms and conditions set forth in Exhibit F while operating on Lease Area.
HABITAT CONSERVATION PLAN. Pursuant to provisions of Section of the ESA [16 U.S.C. § 1539 the El Coronado Ranch and Cattle Company has prepared a Habitat Conservation Plan and submitted it to the Service with a request that the Service issue a Permit pursuant to Section 10(a)(1)(B)[16 U.S.C. § 1539 (a)(1)(B)] to allow the Plan Species to be incidentally taken, within the Permit Area as depicted and described in Figure 1 of the HCP. The HCP proposes a program of conservation for the Plan Species and their habitats.
