New Listing or Critical Habitat Designation within the Covered Area Sample Clauses

New Listing or Critical Habitat Designation within the Covered Area. USFWS occasionally adds new species to the federal list of threatened and endangered species or designates new or revised areas of critical habitat associated with listed species. This Changed Circumstance will have occurred when USFWS publishes a Proposed Rule in the Federal Register that would create a new listed freshwater mussel or other aquatic species that occurs within the Covered Area or that creates or expands areas of critical habitat for Covered Species or such newly proposed species within the Covered Area. USFWS will notify TRA of the occurrence of this Changed Circumstance via the Federal Register. Within 120 days, the Covered Parties will evaluate the Covered Activities within the Conservation Zones and its Conservation Measures or Avoidance and Minimization Measures to assess the Covered Parties’ potential impact on the newly proposed species or critical habitat designation and whether the existing Conservation Measures and Avoidance and Minimization Measures and zones adequately address the new species. With this assessment, TRA will also notify USFWS if it intends to seek an amendment (following the process in Section 15) to address the new proposed species or new proposed critical habitat. USFWS may provide technical guidance to the Covered Parties as it considers whether an amendment is warranted. Regardless of this Changed Circumstance, TRA reserves the discretion to seek an amendment to add a Covered Species or add Conservation or Avoidance and Minimization Measures to the CCAA, Permit, and related documents that avoid the destruction or adverse modification of critical habitat. Any amendment will be focused solely on new Conservation Measures and Avoidance and Minimization measures or revisions to existing Conservation Measures and Avoidance and Minimization Measures to specifically address the new species or critical habitat and will not affect any other Conservation Measures or Avoidance and Minimization Measures or Conservation Zones that are not affected by the new species or critical habitat. For new critical habitat, TRA will seek amendments to update the zones to include such critical habitat.
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Related to New Listing or Critical Habitat Designation within the Covered Area

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