Monitoring by Wildlife Agencies Sample Clauses

Monitoring by Wildlife Agencies. Permittees acknowledge the necessity for the Wildlife Agencies to monitor compliance with the BRCP and will cooperate fully in such monitoring. Pursuant to 50 C.F.R. section 13.21(e)(2), by accepting the Federal Permits, Permittees consent to and will allow entry to the Covered Lands by agents and employees of the USFWS or NMFS engaged in and for the purpose of ensuring compliance with the Federal Permits, and laws and regulations applicable to the Federal Permits, and/or undertaking any activities that are necessary to protect the Covered Species and/or are identified in the BRCP. Except where specified below, such entry will occur under the following conditions: (1) at reasonable hours; (2) in a manner consistent with the purpose of the entry, that minimizes any disruption of the Covered Activities or any other operation of Permittees or any holder of a Certificate of Inclusion; (3) after provision of advance notice to Permittees; and (4) with the opportunity for an agent or employee of Permittees to accompany the USFWS's or NMFS’s agent or employee. These conditions on entry will not apply in the following circumstances: (1) when the USFWS or NMFS has reason to believe a Covered Species is at risk of injury or death and an immediate response is necessary; or (2) when the USFWS or NMFS has reason to believe a violation of the Permits, or laws or regulations applicable to the Permits, has occurred or may be occurring which, in the USFWS's good- faith judgment, warrants immediate or access without prior notice; or (3) entry, without consent, is otherwise for law enforcement purposes consistent with the Fourth Amendment to the Constitution.
Sample 1
AutoNDA by SimpleDocs
Monitoring by Wildlife Agencies. MRC acknowledges that the rights to entry and inspection by the USFWS and NFMS are specific requirements for issuance of federal permits and, by accepting the Federal Permits, consents to entry to the Covered Lands in accordance with 50 CFR 13.21(e)(2), 13.47 and 222.302(j) accordingly. In addition, MRC shall allow entry to the Covered Lands by authorized agents and employees of the Wildlife Agencies engaged in and for the purpose of ensuring compliance with the Federal and State Permits and as otherwise described in the HCP/NCCP. In all cases, each Wildlife Agency shall ensure that its agents and employees that enter Covered Lands act in a reasonable, safe and professional manner, and in compliance with all laws and regulations that apply to the Wildlife Agencies, and that the entry occurs in a manner that minimizes any disruption to the Covered Activities or any other operation of MRC to the extent consistent with the purpose of the entry. To the maximum extent practicable, entry by a Wildlife Agency shall occur only at reasonable hours and after provision of reasonable advance notice to MRC, so as to provide MRC’s representatives the opportunity to accompany the authorized agency or employee; provided, however, that the Wildlife Agencies may enter the Covered Lands without notice at any time if the entry is for law enforcement purposes and complies with the Fourth Amendment to the Constitution. MRC shall ensure implementation of the Operating Conservation Program, which is a condition for Authorized Take of the Covered Species in the Permits. For purposes of the NCCPA, the Operating Conservation Program comprises the conditions for Authorized Take of Covered Species, and the conservation measures for Covered Species, as provided in section 2820(b)(2) of the Fish and Game Code. The Operating Conservation Program is informed by the habitat and species information and the conservation planning approach explained in Chapters 3 through 7. The Operating Conservation Program is designed primarily to provide guidelines, standards and measures for, and to be implemented in conjunction with, MRC’s ongoing timber operations, which will be implemented in accordance with the CFPA and CFPR and the HCP/NCCP, primarily through PTHPs. Timber operations under MRC’s PTHPs may also include other Covered Activities that will be implemented within a PTHP area, such as vegetation management, road and landing construction, reconstruction and maintenance, use of rockpits and qu...
Sample 1
Monitoring by Wildlife Agencies. Permittees acknowledge the necessity for the Wildlife Agencies to monitor compliance with the BRCP and will cooperate fully in such monitoring. Pursuant to 50 C.F.R. section 13.21(e)(2), by accepting the Federal Permits, Permittees consent to and will allow entry to the Covered Lands by agents and employees of the
Sample 1
Monitoring by Wildlife Agencies. Permittees acknowledge the necessity for the Wildlife Agencies to monitor compliance with the BRCP and will cooperate fully in such monitoring. Pursuant to 50 C.F.R. section 13.21(e)(2), by accepting the Federal Permits and the State Permit, Permittees consent to and will allow entry to the Covered Lands by agents and employees of the USFWS, NMFS, and/or CDFW engaged in and for the purpose of ensuring compliance with the Federal Permits, and laws and regulations applicable to the Federal Permits, and/or undertaking any activities that are necessary to protect the Covered Species and/or are identified in the BRCP. Except where specified below, such entry will occur under the following conditions: (1) at reasonable hours; (2) in a manner consistent with the purpose of the entry, that minimizes any disruption of the Covered Activities or any other operation of Permittees or any Third Party Participant; (3) after provision of advance notice to Permittees; and (4) with the opportunity for an agent or employee of Permittees to accompany the USFWS's, NMFS’s, and/or CDFW’s agent or employee. These conditions on entry will not apply in the following circumstances: (1) when the USFWS, NMFS, and/or CDFW has reason to believe a Covered Species is at risk of injury or death and an immediate response is necessary; or (2) when the USFWS, NMFS, and/or CDFW has reason to believe a violation of the Permits, or laws or regulations applicable to the Permits, has occurred or may be occurring which, in the USFWS's good-faith judgment, warrants immediate or access without prior notice; or (3) entry, without consent, is otherwise for law enforcement purposes consistent with the Fourth Amendment to the Constitution.
Sample 1

Related to Monitoring by Wildlife Agencies

  • Accident Prevention Health and Safety Committee (a) The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the workplace in order to prevent accidents, injury and illness. (b) Recognizing its responsibilities under the applicable legislation, the Employer agrees to accept as a member of its Accident Prevention – Health & Safety Committee at least three (3) representatives, one from each base, selected or appointed by the Union from amongst bargaining unit employees. At any time where a vote is required, an equal number of representatives from each side shall be entitled to vote. (c) Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programs and recommend actions to be taken to improve conditions related to safety and health. (d) The Employee agrees to co-operate reasonably in providing necessary information to enable the Committee to fulfill its functions. (e) Meetings shall be held quarterly or more frequently at the call of the Chair if required. The Committee shall maintain minutes of all meetings and make the same available for review. (f) Any representative appointed or select in accordance with (b) hereof shall serve a term of one (1) calendar year from the date of appointment which may be renewed for further periods of one (1) year. The Union will encourage its representative(s) to serve at least one (1) year. Time off for such representative(s) to attend meetings of the Accident Prevention – Health & Safety Committee in accordance with the foregoing shall be granted and time so spent attending such meetings shall be deemed to be work time for which the representative(s) shall be paid by the Employer at his regular or premium rate as may be applicable. (g) The Union agrees to endeavour to obtain the full co-operation of its membership in the observation of all safety rules and practices. (h) Pregnant employees may request to be transferred from their current duties if, in the professional opinion of the employee’s physician, the pregnancy may be at risk. If such a transfer is not feasible, the pregnant employee, if she so requests, will be granted an unpaid leave of absence before commencement of the maternity leave referred to in Article 16.04

  • Workplace Violence Prevention and Crisis Response (applicable to any Party and any subcontractors and sub-grantees whose employees or other service providers deliver social or mental health services directly to individual recipients of such services): Party shall establish a written workplace violence prevention and crisis response policy meeting the requirements of Act 109 (2016), 33 VSA §8201(b), for the benefit of employees delivering direct social or mental health services. Party shall, in preparing its policy, consult with the guidelines promulgated by the U.S. Occupational Safety and Health Administration for Preventing Workplace Violence for Healthcare and Social Services Workers, as those guidelines may from time to time be amended. Party, through its violence protection and crisis response committee, shall evaluate the efficacy of its policy, and update the policy as appropriate, at least annually. The policy and any written evaluations thereof shall be provided to employees delivering direct social or mental health services. Party will ensure that any subcontractor and sub-grantee who hires employees (or contracts with service providers) who deliver social or mental health services directly to individual recipients of such services, complies with all requirements of this Section.

  • NOISE/WASTE The Tenant agrees not to commit waste on the premises, maintain, or permit to be maintained, a nuisance thereon, or use, or permit the premises to be used, in an unlawful manner. The Tenant further agrees to abide by any and all local, county, and State noise ordinances.

  • Cooperation on forestry matters and environmental protection 1. The aims of cooperation on forestry matters and environmental protection will be, but not limited to, as follows: (a) establishing bilateral cooperation relations in the forestry sector; (b) developing a training program and studies for sustainable management of forests; (c) improving the rehabilitation and sustainable management of forest with the aim of increasing carbon sinks and reduce the impact of climate change in the Asia-Pacific region; (d) cooperating on the execution of national projects, aimed at: improving the management of forest plantations for its transformation for industrial purposes and environmental protection; (e) elaborating studies on sustainable use of timber; (f) developing new technologies for the transformation and processing of timber and non-timber species; and (g) improving cooperation in agro-forestry technologies. 2. To achieve the objectives of the Article 149 (Objectives), the Parties may focus, as a means of cooperation and negotiations on concluding a bilateral agreement on forestry cooperation between the two Parties. Such collaboration will be as follows: (a) exchanges on science and technology as well as policies and laws relating the sustainable use of forest resources; (b) cooperation in training programs, internships, exchange of experts and projects advisory; (c) advice and technical assistance to public institutions and organizations of the Parties on sustainable use of forest resources and environmental protection; (d) facilitating forest policy dialogue and technical cooperation under the Network of Sustainable Forest Management and Forest Rehabilitation in Asia- Pacific Region, initiated at the 15th Asia Pacific Economic Cooperation (APEC) Meeting; (e) encouraging joint studies, working visits, exchange of experiences, among others; and (f) others activities mutually agreed.

  • Joint Funded Project with the Ohio Department of Transportation In the event that the Recipient does not have contracting authority over project engineering, construction, or right-of-way, the Recipient and the OPWC hereby assign certain responsibilities to the Ohio Department of Transportation, an authorized representative of the State of Ohio. Notwithstanding Sections 4, 6(a), 6(b), 6(c), and 7 of the Project Agreement, Recipient hereby acknowledges that upon notification by the Ohio Department of Transportation, all payments for eligible project costs will be disbursed by the Grantor directly to the Ohio Department of Transportation. A Memorandum of Funds issued by the Ohio Department of Transportation shall be used to certify the estimated project costs. Upon receipt of a Memorandum of Funds from the Ohio Department of Transportation, the OPWC shall transfer funds directly to the Ohio Department of Transportation via an Intra- State Transfer Voucher. The amount or amounts transferred shall be determined by applying the Participation Percentages defined in Appendix D to those eligible project costs within the Memorandum of Funds. In the event that the Project Scope is for right-of-way only, notwithstanding Appendix D, the OPWC shall pay for 100% of the right-of-way costs not to exceed the total financial assistance provided in Appendix C.

  • Federal Medicaid System Security Requirements Compliance Party shall provide a security plan, risk assessment, and security controls review document within three months of the start date of this Agreement (and update it annually thereafter) in order to support audit compliance with 45 CFR 95.621 subpart F, ADP System Security Requirements and Review Process.

  • ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

  • Human and Financial Resources to Implement Safeguards Requirements The Borrower shall make available necessary budgetary and human resources to fully implement the EMP and the RP.

  • Emergency Medical Condition a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in the following: a) Placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; b) Serious impairment to bodily functions; or c) Serious dysfunction of any bodily organ or part.

  • Erosion Prevention and Control Purchaser’s Operations shall be conducted reasonably to minimize soil erosion. Equipment shall not be operated when ground conditions are such that excessive damage will result. Purchaser shall adjust the kinds and intensity of erosion control work done to ground and weather condi- tions and the need for controlling runoff. Erosion control work shall be kept current immediately preceding ex- pected seasonal periods of precipitation or runoff.

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