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Migratory Bird Treaty Act Sample Clauses

Migratory Bird Treaty Act. The Section 10(a) Permit shall constitute a Special Purpose Permit under 50 Code of Federal Regulations section 21.27, for the Take of
Migratory Bird Treaty Act. The spotted owl is protected under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703-711) (MBTA). It is USFWS policy that an ESA Section 10 permit for listed migratory birds is sufficient to relieve the permittee from liability under the MBTA. For the MBTA, this is accomplished by having the Permit double as a Special Purpose Permit authorized under 50 Code of Federal Regulations (CFR) 21.27.
Migratory Bird Treaty ActThe Permit shall constitute a Special Purpose Permit under 50 C.F.R. § 21.27, authorizing Take, pursuant to the MBTA, of Covered Species listed under ESA and also under MBTA. The Special Purpose Permit shall be valid for a period of three (3) years from its Effective Date, provided the Permit remains in effect for such period. The Special Purpose Permit shall be renewed without conditions or requirements beyond those set forth in the Tribal HCP, this Agreement, or the Permit provided the Tribe remains in compliance with the terms of this Agreement and the Permit. Each such renewal shall be valid for a period of three years, provided that the Permit remains in effect for such period.
Migratory Bird Treaty Act. The Federal Permit issued by the USFWS shall constitute a Special Purpose Permit under 50 CFR § 21.27 for the incidental Take of all Covered Species identified at 50 CFR § 10.13 which are also listed under the ESA as of the Effective Date (and for the incidental Take of unlisted Covered Species identified at 50 CFR § 10.13, when the Federal Permit becomes effective as to such species as provided in Section 10.3) in the amount and/or number and subject to the terms and conditions specified in the Federal Permit. Any such incidental Take will not be in violation of the Migratory Bird Treaty Act of 1918, as amended (916 U.S.C.A. sections 703-12). The Special Purpose Permit shall be valid for a period of three years from its effective date, provided the Federal Permit remains in effect for such period. The Special Purpose Permit shall be renewed provided that MRC remains in compliance with the terms of the Federal Permit and this Agreement. Each such renewal shall be valid for the maximum period allowable under the applicable regulations at the time of the renewal (which, as of the Effective Date, is three years), provided that the Federal Permit remains in effect for such period. [Include corvid and barred owl special use or depredation permit and appropriate FG code sections here, if applicable.]
Migratory Bird Treaty Act. ‌ The Migratory Bird Treaty Act protects migratory birds and their parts (including eggs, nests, feathers). 16 U.S.C. § 703 et seq. The Act is a Federal law that affirms, or implements, the United Statescommitment to four international conventions (with Canada, Japan, Mexico, and Russia) for the protection of a shared migratory bird resource, and makes it illegal to pursue, xxxx, take, capture, kill, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to federal regulations. A list of all migratory bird species subject to the regulations of the Act is listed in 50 C.F.R. § 10.13. The Service has developed and shared general measures that should be employed nationwide with the goal of reducing impacts to birds and their habitats, available online at xxxxx://xxx.xxx.xxx/library/collections/avoiding-and- minimizing-incidental-take-migratory-birds.
Migratory Bird Treaty Act. (MBTA). The Section 10(a)(1)(B) Permit issued pursuant to this Agreement also constitutes a Special Purpose Permit under 50 C.F.R. Section 21.27 for the "Take" (for purposes of this Section, as that term is understood under the MBTA) of those Covered Species which are listed as threatened or endangered under the ESA and which are also protected by the MBTA. The take of such species in conjunction with any Urban Development Project in accordance with the terms of the MAPHCP, this Agreement, and the Permit, will not be in violation of the MBTA. Such Special Purpose Permit shall be valid for a period of three (3) years from the Effective Date of this Agreement provided that the Section 10(a)(1)(B) Permit remains in effect for that period. Such Special Purpose Permit shall be renewed provided that MAPPOA and MAPPOA Landowners continue to fulfill its obligations under this Agreement. Each such renewal shall be valid for the maximum period of time allowed by 50 C.F.R. Section 21.27 or its successor at the time of renewal.
Migratory Bird Treaty Act. The Contractor is notified that the contract is being let during the migratory bird breeding season. The Contractor is notified that the Authority, has consulted with the USFWS and the Texas Parks and Wildlife Department (TPWD) concerning the potential presence of migratory bird species within [or along] the Project during preparation and approval of the Environmental Impact Statement and associated Environmental Documents. As such, all areas of the project must be surveyed by a qualified biologist for migratory birds prior to construction clearing during the period of March through August. The Contractor will be responsible for notifying the construction manager of clearing schedule to allow sufficient time for migratory bird surveys. The Contractor shall be responsible for complying with all aspects of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712, July 3, 1918, as amended (MBTA), as well as any and all applicable federal regulations, state or local law and state or local regulations concerning migratory birds. The MBTA makes it illegal to take (e.g., kill) or possess any migratory bird, including feathers, parts, nests, or eggs. More specifically, the MBTA prohibits anyone from killing a bird, destroying its active nest or otherwise actively harassing a bird species that would result in death of the bird, egg, or nestling. Activities which are most likely to result in take of migratory birds on highway projects include, but are not limited to, clearing or grubbing of migratory bird nesting habitat during the nesting season when eggs or young are likely to be present, bridge cleaning, painting, demolition, or reconstruction where bird nests are present. The peak of nesting season according to the North American Breeding Bird Survey ranges from May to June. Should the Contractor observe or become aware of migratory birds, their active nests, or young in danger due to construction-related activities, it shall report such information to the Construction Manager. Simultaneously, and as soon as reasonably possible, the Construction Manager shall contact the appropriate Environmental Compliance Team member or Environmental Compliance Manager. The Authority shall coordinate with the USFWS to determine what further action, if any, may be necessary to protect migratory birds. Actions may include delays or work stoppage in areas where the migratory bird is nesting. The Contractor shall anticipate possible delays in construction if areas of work should be res...
Migratory Bird Treaty Act. The Federal Permit issued in reliance on the NCCP/HCP and this Agreement also constitutes a Special Purpose Permit under 50 C.F.R.
Migratory Bird Treaty Act 

Related to Migratory Bird Treaty Act

  • OMNIBUS PROCUREMENT ACT OF 1992 It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Xxxxx Xxxxxxxx Xxxxxx, Xxx Xxxx 00000 Telephone: 000-000-0000 Fax: 000-000-0000 email: xxx@xxx.xx.xxx A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 000 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 212-803-2414 email: xxxxxxxxxxxxxxxxx@xxx.xx.xxx xxxxx://xx.xxxxxxxxxxxxxx.xxx/FrontEnd/VendorSearchPu blic.asp The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

  • Xxxxx Act Subrecipient agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. and Chapter 15 of Title V of the U.S.C.

  • XXXXXXXX ANTI-KICKBACK ACT (a) The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

  • Wall Street Transparency and Accountability Act of 2010 The parties hereby agree that none of (i) Section 739 of the WSTAA, (ii) any similar legal certainty provision included in any legislation enacted, or rule or regulation promulgated, on or after the Trade Date, (iii) the enactment of the WSTAA or any regulation under the WSTAA, (iv) any requirement under the WSTAA or (v) any amendment made by the WSTAA shall limit or otherwise impair either party’s right to terminate, renegotiate, modify, amend or supplement this Confirmation or the Agreement, as applicable, arising from a termination event, force majeure, illegality, increased cost, regulatory change or similar event under this Confirmation, the Equity Definitions or the Agreement (including, but not limited to, any right arising from any Acceleration Event).

  • Currency and Foreign Transactions Reporting Act The operations of the Company are and have been conducted at all times in compliance with (i) the requirements of the U.S. Treasury Department Office of Foreign Asset Control and (ii) applicable financial recordkeeping and reporting requirements of the Currency and Foreign Transaction Reporting Act of 1970, as amended, including the Money Laundering Control Act of 1986, as amended, the rules and regulations thereunder and any related or similar money laundering statutes, rules, regulations or guidelines, issued, administered or enforced by any Federal governmental agency (collectively, the “Money Laundering Laws”) and no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company with respect to the Money Laundering Laws is pending or, to the Company’s knowledge, assuming reasonable inquiry, threatened.

  • IRAN DIVESTMENT ACT By entering into this Agreement, Contractor certifies in accordance with State Finance Law §165-a that it is not on the “Entities Determined to be Non-Responsive Bidder/Offerer pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities List”) posted at: xxxx://xxx.xxx.xx.xxx/about/regs/docs/ListofEntities.pdf Finance Law §165-a) is in violation of the above- referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person (as defined in State GENERAL PAGE 1. Ethics Compliance 1 2. Definitions 1-2

  • Occupational Health and Safety Act The Employer, the Union, and the Employees recognize they are bound by the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c.7, and appropriate federal acts and regulations. Any breach of these obligations may be grieved pursuant to this Agreement.

  • Xxxxxx Act Any provisions required to be contained in this Agreement by Section 126 and/or Section 130-k or Article 4-A of the New York Real Property Law are hereby incorporated herein, and such provisions shall be in addition to those conferred or imposed by this Agreement; provided, however, that to the extent that such Section 126 and/or 130-k shall not have any effect, and if said Section 126 and/or Section 130-k should at any time be repealed or cease to apply to this Agreement or be construed by judicial decision to be inapplicable, said Section 126 and/or Section 130-k shall cease to have any further effect upon the provisions of this Agreement. In a case of a conflict between the provisions of this Agreement and any mandatory provisions of Article 4-A of the New York Real Property Law, such mandatory provisions of said Article 4-A shall prevail, provided that if said Article 4-A shall not apply to this Agreement, should at any time be repealed, or cease to apply to this Agreement or be construed by judicial decision to be inapplicable, such mandatory provisions of such Article 4-A shall cease to have any further effect upon the provisions of this Agreement.

  • Most-favoured-nation Treatment 1. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investors of any third State with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to investments of investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investments in its territory of investors of any third State with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments (13). 3. Notwithstanding paragraphs 1 and 2, the Parties reserve the right to adopt or maintain any measure that accords differential treatment: (a) to socially or economically disadvantaged minorities and ethnic groups (14); or (b) involving cultural industries related to the production of books, magazines, periodical publications, or printed or electronic newspapers and music scores. 4. The treatment and protection as mentioned in paragraphs 1 to 2 of this Article shall not include any preferential treament accorded by the other Party to investments of investors of any third State based on free trade agreement, free trade zone, custom union, economic union, or agreement relating to avoidance of double taxation or for facilitating frontier trade.