INCIDENTAL TAKE OF COVERED SPECIES Sample Clauses

INCIDENTAL TAKE OF COVERED SPECIES. As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of individuals of the Covered Species in the course of carrying out otherwise lawful activities. Section 3(19) of the Act defines take to mean to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation which actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harassment is defined by the Service as an intentional or negligent action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Nothing in this Agreement authorizes the District to deliberately kill or injure any such species. Safe harbor agreements are written in anticipation that take of the Covered Species and their progeny could occur at some point in the future. Any take that occurs as a result of a reduction in the quality and/or quantity of the established Baseline on the Enrolled Property is not authorized. Under this Agreement, incidental take could occur as a result of the Beneficial Management Activities and the Other Management Activities, described in Part 5 of this Agreement, and as a result of the potential return to Baseline at the termination of the Agreement and its associated Permit. The District may conduct these activities, even if such use results in the incidental take of individual California red-legged frogs, California tiger salamanders, and Xxxxx'x blue butterflies covered under this Agreement and as authorized in the Permit. The take prohibitions in section 9 of the Act generally do not apply to listed plant species on non-Federal properties. The take prohibitions in section 9 of the Act specifically apply to listed fish or wildlife species; these take prohibitions do not apply to listed plants. The Act does provide protection of listed plants by: prohibiting the removal and reduction to possession of listed plants from areas under Federal jurisdiction; prohibiting the malicious damage or destruction of listed plants on areas under Federal jurisdiction; and prohibiting the removal, cutting, digging up, damaging, or destroying any listed plant on any other areas in k...
Sample 1Sample 2Sample 3See All (7)
AutoNDA by SimpleDocs
INCIDENTAL TAKE OF COVERED SPECIES. The Property Owner will give the Service reasonable advance notice of at least thirty
Sample 1Sample 2
INCIDENTAL TAKE OF COVERED SPECIES. 12.1 After the ESP is issued and as further specified in the ESP, the Landowner will be authorized to take Covered Species incidental to otherwise lawful Land Use Activities of Section 8 and 9 and Management Activities of Section 10 as described in Sections 12.7 and 12.8 below, provided that the Landowner has complied fully with this Agreement and the ESP, and so long as neither the ESP nor the Agreement has been terminated or revoked as provided for in Sections 18 and 19 below.
Sample 1
INCIDENTAL TAKE OF COVERED SPECIES. Under this Agreement, the Ranch is authorized the incidental take of any nene on or at the enrolled lands and their progeny, as a result of lawful activities at the Ranch, from the time this agreement is signed into the future. Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity (50 CFR §17.3). The Ranch may continue current land use practices, undertake new ones, or make any other lawful use of the property, even if such use incidentally results in the loss of nene or their habitat covered under this Agreement. The Ranch is specifically not precluded from conducting any activity by this Agreement. Among the activities the Ranch plans to continue, which in no way shall be considered a limitation on any other activity the Ranch desires to engage in, are the following activities that may result in an unintentional incidental take of nene: 1) cattle ranching, 2) eco-tourism, 3) recreational hunting, and
Sample 1
INCIDENTAL TAKE OF COVERED SPECIES. Provided that such take is consistent with maintaining the baseline conditions identified in Section 4 (Baseline Determination) hereof (except as otherwise provided herein), the section 10(a)(1)(A) permit shall authorize the taking of unarmored threespine sticklebacks and mountain yellow-legged frogs incidental to otherwise lawful activities by TWC or its employees or agents. These activities include:
Sample 1
INCIDENTAL TAKE OF COVERED SPECIES. As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of individuals of the Covered Species in the course of carrying out otherwise lawful activities. Section 3(18) of the Act defines take to mean to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation that actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Nothing in this Agreement authorizes the Landowner or persons associated with the Landowner to deliberately kill or injure any listed species. Safe Harbor Agreements are written in anticipation of take of the Covered Species and their progeny at some point in the future. Any take that occurs as a result of a reduction in the amount of habitat in the established Baseline is not authorized over the term of the 10(a)(1)(A) Permit that the Service proposes to issue in conjunction with this Agreement. Under this Agreement, incidental take of Amargosa voles could occur: 1) as a result of translocation and re-introduction activities; 2) as a result of the Management Activities described in Section 5 of this Agreement;
Sample 1
INCIDENTAL TAKE OF COVERED SPECIES. From the effective date of the ESP, when appropriate, Property Owner shall give the Service reasonable advance notice, i.e., at least thirty (30) days, of when it expects to incidentally take the Covered Species under the ESP. Such notice will provide the Service with an opportunity to relocate affected individuals of the Covered Species, if possible and appropriate. The ESP will specify the level and amount of take of the Covered Species that is authorized by the Service..
Sample 1
AutoNDA by SimpleDocs

Related to INCIDENTAL TAKE OF COVERED SPECIES

  • Environmental Tobacco Smoke Public Law 103-227 (also known as the Pro-Children Act of 1994) and Vermont’s Act 135 (2014) (An act relating to smoking in lodging establishments, hospitals, and child care facilities, and on State lands) restrict the use of tobacco products in certain settings. Party shall ensure that no person is permitted: (i) to use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoor and outdoor, of any licensed child care center or afterschool program at any time; (ii) to use tobacco products or tobacco substitutes on the premises, both indoor and in any outdoor area designated for child care, health or day care services, kindergarten, pre-kindergarten, elementary, or secondary education or library services; and (iii) to use tobacco products or tobacco substitutes on the premises of a licensed or registered family child care home while children are present and in care. Party will refrain from promoting the use of tobacco products for all clients and from making tobacco products available to minors. Failure to comply with the provisions of the federal law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. The federal Pro-Children Act of 1994, however, does not apply to portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where Women, Infants, & Children (WIC) coupons are redeemed.

  • ENDANGERED SPECIES The Endangered Species Act of 1973 (16 U.S.C. § 1531, et seq.) as amended, particularly section 7 (16 U.S.C. § 1536).

  • Vegetation No trees or other vegetation may be removed from the site without prior approval from the Town, except in accordance with Section 4 above and pursuant to the Annual Plan.

  • CLEC Provided Splitter – Line Sharing 3.4.1 Freedom may at its option purchase, install and maintain central office POTS splitters in its collocation arrangements. Freedom may use such splitters for access to its customers and to provide digital line subscriber services to its customers using the High Frequency Spectrum. Existing Collocation rules and procedures and the terms and conditions relating to Collocation set forth in Attachment 4- Central Office shall apply.

  • Prohibition Against Selecting and Installing Products Containing Hazardous Materials The Contractor shall not select, install or otherwise incorporate any products or materials containing Hazardous Materials within the boundaries of the Site. Should the Contractor or any Subcontractors have knowledge that, or believe that, an item, component, material, substance, or accessory within a product or assembly selected by the Contractor or any Subcontractor may contain Hazardous Materials it is the Contractor’s responsibility to secure a written certification from the manufacturer of any suspected material which identifies the specific Hazardous Material(s) contained, together with the Material Safety Data Sheets (MSDS) for such materials which shall be submitted to the Owner and Design Professional.

  • Smoke Free Environment The Lessor shall make all parts of the leased premise smoke-free. "

  • Obligation to Notify Owner of Existing Hazardous Materials The Contractor shall immediately notify the Owner and the Design Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding the presence of Hazardous Materials at the Site of which it becomes aware. If the Contractor encounters Hazardous Materials on the Site the Contractor shall (i) immediately stop performance of Work or that portion of the Work affected by or affecting such Hazardous Materials; (ii) secure the contaminated area against intrusion; (iii) not disturb or remove the Hazardous Materials; (iv) not proceed, or allow any subcontractor or supplier to proceed, with any Work or other activities in the area affected by such Hazardous Materials until such materials have been properly remediated and until directed in writing to do so by the Owner; and, (v) take any other steps necessary to protect life and health and the surrounding environment. The Contractor shall be entitled to adjustment of the Contract Time and the Contract Sum pursuant to Section 5, Part 2 of these General Conditions in order to compensate for the impact of any required demolition, re-work, shutdown, delay, protection of work, disruption, and start-up resulting from the encountering of such Hazardous Materials on the Site for which the Contractor is not responsible.

  • No Storing Hazardous Articles Not to keep or store any offensive, combustible, obnoxious, hazardous or dangerous articles in the said Apartment, the Common Areas, and the Building.

  • Insurance, Subcontractor's Public Liability and Property Damage The Contractor shall require each of its subcontractors to secure and maintain during the life of the subcontract, insurance of the type specified in this Contract, or, the Contractor may insure the activities of its subcontractors in the Contractor’s policy, as specified in this Contract.

  • Provisioning of High Frequency Spectrum and Splitter Space 3.2.1 BellSouth will provide <<customer_name>> with access to the High Frequency Spectrum as follows:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!