NCCPA Procedure for Addressing Failure to Maintain Rough Proportionality Sample Clauses

NCCPA Procedure for Addressing Failure to Maintain Rough Proportionality. In addition to the response described in Agreement Section 9.4.2, the NCCPA requires a specific procedure for responding to a failure to maintain rough proportionality. This Section and BRCP Chapter 8, 8.3.1 fulfill that requirement. If CDFW determines that the requirements of this Section have not been fulfilled, with or without the concurrence of USFWS or NMFS, the Implementing Entity will either regain rough proportionality within forty-five (45) days or will enter into an agreement with CDFW within forty-five
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NCCPA Procedure for Addressing Failure to Maintain Rough Proportionality. In addition to the response described in Agreement Section 9.4.2, the NCCPA requires a specific procedure for responding to a failure to maintain rough proportionality. This Section and BRCP Chapter 8, 8.1.1 fulfill that requirement. If CDFW determines that the requirements of this Section have not been fulfilled, with or without the concurrence of USFWS, the Implementing Entity will either regain rough proportionality within forty-five (45) days or will enter into an agreement with CDFW within forty-five (45) days, which will set a course of action to expeditiously regain rough proportionality. The agreement may include any of a variety of commitments or adjustments to the BRCP designed to regain rough proportionality, including but not limited to, a plan to acquire, restore, or enhance lands of the appropriate land cover or plant population type expeditiously. However, if USFWS concurs with CDFW’s determination, and the Implementing Entity and the Wildlife Agencies meet to develop a plan of action, as described above, the agreement will be based on that plan of action. The Implementing Entity will provide written notice of the agreement to the other Permittees. Each Permittee will implement all actions set forth in the agreement that apply to the Permittee. If the Implementing Entity does not regain rough proportionality within forty-five (45) days and does not enter into an agreement with CDFW within forty-five (45) days setting a course of action to regain rough proportionality, CDFW will suspend or revoke the State Permit, in whole or in part, pursuant to California Fish and Game Code section 2820, subdivision (c). The Parties agree that partial suspension or revocation may include removal of one or more Covered Species for purposes of the State Permit or reducing the geographic scope of Authorized Take under the State Permit. Before suspending or revoking the State Permit in whole due to a failure to maintain rough proportionality, CDFW will meet with the Permittees to determine whether mutually agreeable modifications to the BRCP would obviate a suspension or revocation in whole. The Parties agree that if CDFW suspends or revokes the State Permit, the Permittees may, based on the BRCP, apply for one or more CESA incidental take permits under section 2081, subdivision (b), of the California Fish and Game Code to replace the State Permit.
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