Inadequacy of Existing Regulatory Mechanisms Sample Clauses

Inadequacy of Existing Regulatory Mechanisms. Lack of range-wide protection See conservation actions 1–7.
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Inadequacy of Existing Regulatory Mechanisms. Currently, the southern Idaho ground squirrel is not protected by federal or local laws. The IDF&G classified the southern Idaho ground squirrel as a “Species of Special Concern” in 1981. Because of this status, the species is protected by State law from taking (shooting, trapping, poisoning) or possession. To date, however, protection from recreational shooting or poisoning has not been enforced by the State, and the southern Idaho ground squirrel remains vulnerable to this type of activity. The state and federal agencies are aware of the apparent population decline of the southern Idaho ground squirrel. However, there is no requirement for an agency to cooperate with the FWS in conserving unlisted or candidate species. Only species that are proposed for listing are covered by the conference procedures of Section 7(a)(4) of the ESA. Ground squirrels are considered pests by many farmers and ranchers (Prescott and Yensen 1999). When available, alfalfa crops are one of the preferred food sources for southern Idaho ground squirrels, resulting in localized crop losses during years of high squirrel populations (Prescott and Yensen 1999). Badgers are often attracted to population sites of ground squirrels, where they dig large holes in the ground that can be dangerous to livestock (Prescott and Yensen 1999). Efforts to control ground squirrel populations are frequently undertaken regardless of species and most often include shooting or poisoning. Control efforts can adversely affect population sites of southern Idaho ground squirrels (Yensen 1998, Prescott and Yensen 1999, Yensen 2000). In addition, Yensen (1998) suggested that use of pesticides associated with crop production and insect infestation may also play a role in the decline of this species. Competition with Columbian ground squirrels may constitute a threat to the continued existence of southern Idaho ground squirrels. Southern Idaho ground squirrels are known to be limited by interspecific competition with Columbian ground squirrels (Xxxxx et al. 1995, Yensen and Xxxxxxx 1997, Xxxx 2000), including competition for xxxxxx sites (Xxxx 2000) and for food resources (Xxxx and Yensen 1996). Where the two species occur sympatrically, Columbian ground squirrels occupy the more productive, mesic habitat with deeper soils (Yensen 1980, Xxxx and Yensen 1996, Xxxx 2000). Habitat destruction and fragmentation have resulted in a distribution of relatively isolated population sites of southern Idaho ground squirrel...
Inadequacy of Existing Regulatory Mechanisms. Lack of range-wide protection 52. The BLM will assume primary responsibility for implementation of specific conservation actions to protect GCM and GCM occupied habitat and to ensure the species persists on BLM Lands.
Inadequacy of Existing Regulatory Mechanisms. Impacts: Factor: Livestock grazing Impacts:
Inadequacy of Existing Regulatory Mechanisms. ‌ As described under Factor 2, Overutilization for Commercial, Recreational, Scientific, or Educational Purposes, Nevada currently limits the collection, study, or use of relict leopard frogs to those with a scientific collecting permit, and prohibits the personal collection or possession of relict leopard frog for hobby possession of amphibians, as well as the commercial collection or possession of relict leopard frog for the amphibian and reptile pet trade. Nevada also prohibits the importation, transportation, and possession of certain species of nonnative wildlife. However, regulations have not entirely prevented the introduction and spread of nonnative aquatic species that negatively affect relict leopard frog and its habitat. Because the primary goal of this Agreement is to protect, enhance, and expand suitable habitat for the relict leopard frog and to establish additional secure populations on non-Federal lands within its historic range, and Nevada currently has regulations in place to control the collection of relict leopard frogs and spread of nonnative wildlife, this threat factor does not apply to the relict leopard frog on properties enrolled under this Agreement. Control of nonnative wildlife will be implemented as a conservation measure at specific sites on enrolled lands where feasible, to address threats under Factor 3.
Inadequacy of Existing Regulatory Mechanisms. ‌ The Wet Canyon talussnail is protected by Arizona Game and Fish Commission Order 42 for Crustaceans and Mollusks, which establishes a closed season for the species. This rule prohibits collection and harvest, but does not protect against habitat modification like fire or unmanaged grazing. The Wet Canyon talussnail is identified as a Species of Greatest Conservation Need (tier 1a) in the Arizona State Wildlife Action Plan prepared by the AGFD. With the finalization of this CA, Pinaleño talussnail, Mimic talussnail, Xxxxx Peak talussnail, and Pinaleño mountainsnail will be elevated to SGCN Tier 1A, as well. This plan helps guide the AGFD and other agencies in determining what biotic resources should receive priority management consideration. However, conservation benefits would mostly come from proactive initiatives because this plan has no legal regulatory authority. The following subsections provide a summary of the existing regulatory mechanisms for all Parties of the CA, which are also incorporated into the Stressor/Conservation Measure Matrix (Appendix A).
Inadequacy of Existing Regulatory Mechanisms. ‌ The PYTH is protected by Arizona Game and Fish Commission Order 42 for Crustaceans and Mollusks, which establishes a closed season for the species. This rule prohibits collection and harvest, but does not protect against habitat modification like fire or unmanaged grazing. The PYTH is identified as a Species of Greatest Conservation Need (tier 1a) in the Arizona State Wildlife Action Plan prepared by the AGFD. This plan helps guide the AGFD and other agencies in determining what biotic resources should receive priority management consideration. However, conservation benefits would mostly come from proactive initiatives because this plan has no legal regulatory authority. The species is afforded some regulatory protection by occurring with or near other federally listed species, such as the Huachuca water xxxxx (Lilaeopsis schaffneriana ssp. recurva) in Garden Canyon. Federal actions affecting listed species require consultation under section 7 of the ESA and potentially provide benefits to the PYTH. In 2010, the U.S. Army revised the Fort Huachuca (the Fort) INRMP that provides a description of land use, military training operations, and identifies the fort’s ecosystem and adaptive management approach to the conservation of wildlife and their habitat on the fort (Vernadero 2010). The Fort’s INRMP provides for inventory of remote springs, monitoring of known occupied sites as needed, general protection of springs, and development of a conservation agreement, (Vernadero 2010). To date, the Fort has hosted multiple AGFD springsnail workshops, managed potential disturbance around spring habitat, monitored occupied sites, invasive crayfish management in Garden and Blacktail canyons, and supported AGFD inventory and genetic analysis (Xxxxxxxxxx and Xxxxxxxx 2012; Xxxxxxxxxx and Diamond 2015). As discussed above, the primary threat to PYTH on the Fort is fire and potential drying as a result of climate change. The Fort’s INRMP contains several goals and objectives related to fire management. These include the collection of fire history data, fire mapping, fuel hazard reduction, and prescribed fire to reduce the risk of stand-replacing fire (Vernadero 2010). To date, actions implemented near springsnail habitats are: 1) silt fencing along Garden Canyon, between the road shoulder and creek banks; 2) thinning of shrubs and small trees along the road through Garden Canyon up to the junction with Sawmill Canyon (~6,200 ft [1890 m] elevation) to slow the spread, and ...
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Related to Inadequacy of Existing Regulatory Mechanisms

  • Regulatory Issues 3.3.1 The Licensee shall be solely responsible for determining which jurisdictions they choose to market to and receive xxxxxx from. 3.3.2 The Licensee shall be responsible for determining the legality of accepting xxxxxx in whichever jurisdictions they choose to market to and receive xxxxxx from. 3.3.3 The Licensee shall indemnify UNITED for any reasonable legal costs, and fines that arise as a result of the Licensee choosing to accept xxxxxx from any jurisdiction that determines or has determined that Internet wagering is illegal.

  • Maintenance of Approvals: Filings, Etc The Fund shall at all times maintain in effect, renew and comply with all the terms and conditions of all consents, filings, licenses, approvals and authorizations as may be necessary under any applicable law or regulation for its execution, delivery and performance of this Agreement and the other Related Documents to which it is a party.

  • Product Changes Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.

  • Regulatory Investigations TCI and TLIC agree to cooperate fully in any insurance or judicial regulatory investigation or proceeding arising in connection with Contracts distributed under this Agreement. TCI and TLIC further agree to cooperate fully in any securities regulatory inspection, inquiry, investigation or proceeding or any judicial proceeding with respect to TLIC, TCI, their affiliates and their representatives to the extent that such inspection, inquiry, investigation or proceeding or judicial proceeding is in connection with Contracts distributed under this Agreement. Without limiting the foregoing: (a) TCI will be notified promptly of any customer complaint or notice of any regulatory inspection, inquiry investigation or proceeding or judicial proceeding received by TLIC with respect to TCI or any representative or which may affect TLIC’s issuance of any Contracts marketed under this Agreement; and (b) TCI will promptly notify TLIC of any customer complaint or notice of any regulatory inspection, inquiry, investigation or judicial proceeding received by TCI or any representative with respect to TLIC or its affiliates in connection with any Contracts distributed under this Agreement. In the case of a customer complaint, TCI and TLIC will cooperate in investigating such complaint and shall arrive at a mutually satisfactory response.

  • ABSENCE OF LITIGATION AND/OR REGULATORY PROCEEDINGS Except as set forth in the SEC Documents, there is no action, suit, proceeding, inquiry or investigation before or by any court, public board, government agency, self-regulatory organization or body pending or, to the knowledge of the executive officers of Company or any of its Subsidiaries, threatened against or affecting the Company, the Common Stock or any of the Company’s Subsidiaries or any of the Company’s or the Company’s Subsidiaries’ officers or directors in their capacities as such, in which an adverse decision could have a Material Adverse Effect.

  • Regulatory Inspections Manufacturer will permit Rhythm or its agents to be present and participate in any visit or inspection by any Authority of the Facility (to the extent it relates in any way to any Product) or the Manufacturing Process. Manufacturer will give as much advance notice as reasonably possible to Rhythm of any such visit or inspection. Manufacturer will provide Rhythm with a copy of any report or other written communication * CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. received from such Authority in connection with such visit or inspection, and any written communication received from any Authority relating to any Product, the Facility (if it relates to or affects the Development and/or Manufacture of Product) or the Manufacturing Process, within two (2) business days after receipt, and will consult with, and require approval from, Rhythm before responding to each such communication. Manufacturer will provide Rhythm with a copy of its final responses within five (5) business days after submission.

  • Regulatory Applications (a) Western and PNB and their respective Subsidiaries shall cooperate and use their respective reasonable best efforts to prepare all documentation, to effect all filings and to obtain all permits, consents, approvals and authorizations of all third parties and Governmental Authorities necessary to consummate the transactions contemplated by this Agreement. Western and PNB shall use their reasonable best efforts to make all required bank regulatory filings, including the appropriate filing with the Regulatory Authorities. Each of Western and PNB shall have the right to review in advance, and to the extent practicable each will consult with the other, in each case subject to applicable laws relating to the exchange of information, with respect to all material written information submitted to any third party or any Governmental Authority in connection with the transactions contemplated by this Agreement. In exercising the foregoing right, each of the parties hereto agrees to act reasonably and as promptly as practicable. Each party hereto agrees that it will consult with the other party hereto with respect to the obtaining of all material permits, consents, approvals and authorizations of all third parties and Governmental Authorities necessary or advisable to consummate the transactions contemplated by this Agreement and each party will keep the other party appraised of the status of material matters relating to completion of the transactions contemplated hereby. (b) Each party agrees, upon request, to furnish the other party with all information concerning itself, its Subsidiaries, directors, officers and shareholders and such other matters as may be reasonably necessary or advisable in connection with any filing, notice or application made by or on behalf of such other party or any of its Subsidiaries to any third party or Governmental Authority.

  • Regulatory Actions The following provisions shall be applicable to the parties to the extent that they are required to be included in employment agreements between a savings bank and its employees pursuant to Section 563.39(b) of the Office of Thrift Supervision (“OTS”) Rules and Regulations, 12 C.F.R. §563.39(b), or any successor thereto, and shall be controlling in the event of a conflict with any other provision of this Agreement, including without limitation Section 5 hereof. (a) If the Executive is suspended from office and/or temporarily prohibited from participating in the conduct of the Bank’s affairs pursuant to notice served under Section 8(e)(3) or Section 8(g)(1) of the Federal Deposit Insurance Act (“FDIA”)(12 U.S.C. §§1818(e)(3) and 1818(g)(1)), the Bank’s obligations under this Agreement shall be suspended as of the date of service, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Bank may, in its discretion: (i) pay the Executive all or part of the compensation withheld while its obligations under this Agreement were suspended, and (ii) reinstate (in whole or in part) any of its obligations which were suspended. (b) If the Executive is removed from office and/or permanently prohibited from participating in the conduct of the Bank’s affairs by an order issued under Section 8(e)(4) or Section 8(g)(1) of the FDIA (12 U.S.C. §§1818(e)(4) and (g)(1)), all obligations of the Bank under this Agreement shall terminate as of the effective date of the order, but vested rights of the Executive and the Bank as of the date of termination shall not be affected. (c) If the Bank is in default, as defined in Section 3(x)(1) of the FDIA (12 U.S.C. §1813(x)(1)), all obligations under this Agreement shall terminate as of the date of default, but vested rights of the Executive and the Bank as of the date of termination shall not be affected. (d) All obligations under this Agreement shall be terminated pursuant to 12 C.F.R. §563.39(b)(5), except to the extent that it is determined that continuation of the Agreement for the continued operation of the Bank is necessary: (i) by the Director of the OTS, or his/her designee, at the time the Federal Deposit Insurance Corporation (“FDIC”) enters into an agreement to provide assistance to or on behalf of the Bank under the authority contained in Section 13(c) of the FDIA (12 U.S.C. §1823(c)); or (ii) by the Director of the OTS, or his/her designee, at the time the Director or his/her designee approves a supervisory merger to resolve problems related to operation of the Bank or when the Bank is determined by the Director of the OTS to be in an unsafe or unsound condition, but vested rights of the Executive and the Employers as of the date of termination shall not be affected.

  • FINANCIAL IMPLICATIONS There are no budget implications. The applicant will be responsible for all costs, expenses, liabilities and obligations imposed under or incurred in order to satisfy the terms of this proposed development agreement. The administration of the proposed development agreement can be carried out within the approved 2019- 2020 budget and with existing resources.

  • Regulatory Matters (a) VFL and Purchaser shall cooperate and use commercially reasonable efforts to obtain all consents, approvals and agreements of, and to give and make all notices and filings with, any Governmental Entity necessary to authorize, approve or permit the consummation of the transactions contemplated by this Agreement, the Related Agreements and any other agreements contemplated hereby or thereby, including, without limitation, as set forth on Schedule 3.04 and Schedule 4.04. Purchaser and VFL will provide each other and their counsel the opportunity to review in advance and comment on all such filings with any Governmental Entity. Purchaser and VFL will keep each other informed of the status of matters relating to obtaining the regulatory approvals specified in Schedule 3.04 and Schedule 4.04. It is expressly understood by the parties hereto that each party hereto shall use commercially reasonable efforts to ensure that representatives of both Purchaser and VFL shall have the right to attend and participate in any hearing, proceeding, meeting, conference or similar event before or with a Governmental Entity or other organization relating to this Agreement or a Related Agreement. In furtherance of the foregoing, Purchaser and VFL shall provide each other reasonable advance notice of any such hearing, proceeding, meeting, conference or similar event. The notice required to be given under this Section 5.04 shall be given to representatives of VFL or Purchaser entitled to receive notices hereunder. (b) VFL and Purchaser shall cooperate and use commercially reasonable efforts to obtain all other approvals and consents to the transactions contemplated by this Agreement and the Related Agreements, including the consents of third parties under Assigned Contracts. In the event and to the extent that VFL is unable to obtain any required approval or consent of non-governmental authorities to any agreement to be assigned to Purchaser hereunder, (i) VFL shall use commercially reasonable efforts in cooperation with Purchaser to (A) provide or cause to be provided to Purchaser the benefits of any such agreement, (B) cooperate in any arrangement, reasonable and lawful as to VFL and Purchaser, designed to provide such benefits to Purchaser and (C) enforce for the account of Purchaser any rights of VFL arising from such agreements, including the right to elect to terminate in accordance with the terms thereof on the advice of Purchaser and (ii) Purchaser shall use commercially reasonable efforts to perform the obligations of VFL arising under such agreements and licenses, to the extent that, by reason of the transactions consummated pursuant to this Agreement or otherwise, Purchaser has control over the resources necessary to perform such obligations. If and when any such approval or consent shall be obtained or such agreement or license shall otherwise become assignable, VFL shall promptly assign all of its rights and obligations thereunder to Purchaser without the payment of further consideration and Purchaser shall, without the payment of any further consideration therefor, assume such rights and obligations and VFL shall be relieved of any and all obligation or liability hereunder.

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