LANDOWNER ASSURANCES. Through this SHA, FWS provides the Applicants assurances that if additional conservation measures are deemed necessary, FWS may request such measures, but only if they are limited to modifications within the enrolled property, if any, for the covered species and these measures maintain the original terms of the SHA to the maximum extent possible. Additional conservation measures are voluntary on the part of the Applicants and will not involve the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources otherwise available for development or use under the original terms of the SHA without the consent of the Applicants from whom such a commitment is sought or to whom such restrictions would be applicable. Failure of the Applicants to perform additional conservation measures requested by FWS will not constitute a breach of this SHA or result in any liability under the ESA. These assurances allow the Applicants to alter or modify their enrolled property, even if such alteration or modification results in the incidental take of the covered species consistent with the SHA and the IA and each Applicant’s permit. These assurances depend on compliance with the obligations in this SHA and in the Permit by Applicants. Further, the assurances apply only to this SHA, only if the SHA is being properly implemented by the Applicants and only with respect to the covered species.
LANDOWNER ASSURANCES. Through this Safe Harbor Agreement, USFWS provides RRC and Oxbow with assurances that the USFWS may not require additional or different management activities to be undertaken by Roseburg or Oxbow without the consent of Roseburg or Oxbow. If USFWS finds that additional or different conservation measures may be necessary, USFWS may request that Roseburg or Oxbow agree to such measures, but only if they are limited to modifications within the enrolled property, if any, for the covered species and these measures maintain the original terms of the Safe Harbor Agreement. Further, any such additional conservation measures are still subject to agreement from Roseburg or Oxbow. Further, the USFWS and Roseburg or Oxbow may agree to revise or modify the management measures set forth in a Safe Harbor Agreement if the USFWS determines that such revisions or modifications do not change the prior determination that the Safe Harbor Agreement is reasonably expected to provide a net conservation benefit to the listed species, or result in additional incidental take. These assurances allow RRC or Oxbow to alter or modify their enrolled property, even if such alteration or modification results in the authorized incidental take of the covered species consistent with the Safe Harbor Agreement and permit. These assurances depend on compliance with the obligations in the Safe Harbor Agreement and in the permit. The assurances provided herein apply only to this Safe Harbor Agreement, only if the Safe Harbor Agreement is being properly implemented by RRC or Oxbow, and only with respect to the covered species.
LANDOWNER ASSURANCES. Through this Agreement, the Service provides the Cooperator assurances that if additional conservation and mitigation measures are deemed necessary, the Service may require additional measures of the Cooperator, but only if such measures are limited to modifications within the toad management areas for the affected species and maintain the original terms of the Agreement to the maximum extent possible. Additional conservation and mitigation measures will not involve the commitment of additional land, water or financial compensation, or additional restrictions on the use of land, water, or other natural resources otherwise available for use under the original terms of the Agreement without the consent of the Cooperator. These assurances allow Cooperator to alter or modify the enrolled property, even if such alteration or modification results in the incidental take of the Houston toad to such an extent that the take returns the Houston toad habitat to the original baseline conditions. Such assurances may apply to the entire enrolled property or to portions of the enrolled property as designated or otherwise specified in this Agreement. These assurances depend on the property owner complying with the obligations in this Agreement and in the associated Permit. Further, the assurances apply only to this Agreement, only if the Agreement is being properly implemented, and only with respect to the species covered by the Agreement and associated Permit.
LANDOWNER ASSURANCES. Through this Safe Harbor Agreement, USFWS provides ODF with assurances as specified in applicable federal regulations. These assurances depend on compliance with the obligations in the Safe Harbor Agreement and in the permit. The assurances provided herein apply only to this Safe Harbor Agreement, only if the Safe Harbor Agreement is being properly implemented by ODF, and only with respect to the covered species.
LANDOWNER ASSURANCES. Through this Agreement, the Service provides Georgia Power assurances that if the robust redhorse is listed under the ESA and the Agreement has been implemented in good faith by Georgia Power, the Service will not require additional conservation measures nor impose additional land, water, or resource use restrictions beyond those Georgia Power voluntarily committed to under the terms of the original Agreement. Georgia Power requested and is hereby granted the following additional assurance that is specific to its needs: The Service will not impose or require Georgia Power to alter its operation of Xxxxx Xxxxxx Dam for the benefit of the robust redhorse for the duration of this Agreement, including alteration of the flow regime specified in the FERC license. These assurances will be authorized through issuance of an enhancement of survival permit under section 10(a)(1)(A) of the ESA, which will authorize incidental take of robust redhorse consistent with the terms of the Agreement. The Permit is incorporated as Appendix III of this Agreement and will become effective on the date that the robust redhorse is listed as threatened or endangered or in some other manner becomes subject to the ESA in the future. At that date, Georgia Power will be authorized take of robust redhorse in conjunction with implementation of the Conservation Actions specified in the Agreement. The take is expected to be in the form of mortality, harm, and harassment associated with reintroducing, surveying, and monitoring released individuals and their offspring. The Service has determined that this level of take will not jeopardize the species’ continued existence. The Permit will not be revoked for any reason except those set forth in 50 CFR 13.28(a)(1-4) or unless continuation of the permitted activity would be inconsistent with the criterion set forth in 50 CFR 17.22(d)(2)(iii) and the inconsistency has not been remedied in a timely fashion. The assurances provided apply only to the robust redhorse inasmuch as the Agreement is being properly implemented. The assurances provided shall in no way limit the Service’s retention of its obligations and authorities for consultation under section 7(a)(2) of the Endangered Species Act relative to future FERC relicensing activities at Xxxxx Xxxxxx Dam or other Federal actions that may occur within the Project Site that may affect the robust redhorse or other listed, proposed, or candidate species. The Parties agree and understand that entering...
LANDOWNER ASSURANCES. In exchange for the benefits to the City in the preceding Recitals, together with the other public benefits that will result from the development of the Property, Landowner will receive by this Agreement assurance that it may proceed with the Project in accordance with the Project Approvals, and therefore, desires to enter into this Agreement.
