NMFS. A. The Parties acknowledge and agree that NMFS has made no determination, and is giving the Parties no assurances, regarding compliance of the Restoration Project or PG&E’s operation of its FERC Project No. 1121 with the ESA.
NMFS. NMFS is the federal agency within the United States Department of Commerce charged with responsibility for administering the ESA and providing for the conservation of federally listed anadromous and marine species and their habitats. NMFS enters into this Agreement pursuant to the ESA and its implementing regulations and pursuant to the Fish and Wildlife Coordination Act.
NMFS. The sole and exclusive remedy for any alleged breach or unresolved dispute under this Agreement (following good faith efforts by the Parties to resolve the dispute pursuant to Section XI below) is to withdraw from the Agreement.
NMFS. 2014a. Recovery Plan for the Evolutionarily Significant Units of Sacramento River Winter-run Chinook Salmon and Central Valley Chinook Salmon and the Distinct Population Segment of Central Valley Steelhead. National Marine Fisheries Service, Sacramento Protected Resources Division.
NMFS. A. In the next relicensing proceeding for FERC Project No. 1121, to the extent NMFS determines that these provisions are consistent with the biological opinion rendered for the proposed Restoration Project and its responsibilities under the ESA to conserve threatened and endangered species and their habitats,40 the NMFS agrees to support the continuation of the prescribed instream flow releases described in MOU Attachment 1 and Ramping Rates resulting from adaptive management.41
NMFS. By June 30 of each year, NMFS will review reports provided by Permittees and SWCG and prepare a public Annual Implementation Report (AIR), documenting implementation of the Site Plan Agreements and actions taken towards achievement of Net Conservation Benefit.
NMFS. NMFS authority is pursuant to the federal ESA and its corresponding implementing regulations, as well as the Fish and Wildlife Coordination Act.
NMFS. NMFS may terminate an ESP and related Site Plan Agreement with respect to a Permittee for the following reasons: 1) NMFS believes that the continuation of the activities in this Template Safe Harbor Agreement, the Permittee’s Site Plan Agreement, or related ESP is likely to result in jeopardy to any species listed under the ESA, modify adversely or destroy designated critical habitat for such species, or result in the unauthorized take of ESA-listed species; NMFS may terminate for these reasons even if a Permittee has complied with the terms of this Template Safe Harbor Agreement, the Site Plan Agreement, or related ESP, 2) a Permittee failed to comply with this Template Safe Harbor Agreement, its Site Plan Agreement, or related ESP, including but not limited to failing to implement the Beneficial Management Activities identified in the Site Plan Agreement, 3) NMFS believes that realization of the Net Conservation Benefit on an Enrolled Property is unlikely as a result of actions of a third party, or 4) other reason as provided for in Applicable Law or in the ESP.
NMFS. NMFS reviews the Pacific Council's fishery management recommendations for consistency with all statutory and regulatory requirements and Executive Orders. NMFS approves, disapproves, or partially approves the Pacific Council's recommendations. If a measure is disapproved, NMFS is responsible for providing the rationale and justification for the disapproval. If measures are approved, NMFS is responsible for implementing, administering, and enforcing the management programs. In accordance with MSA §302(f)(3) and (4), NMFS is responsible for participating in the development of Pacific Council actions through attendance at Pacific Council meetings, meetings of established Advisory Bodies, specialized workgroups, project teams and workshops, and other informal collaboration, such as post-Pacific Council meeting conference calls, to coordinate follow-up actions. NMFS HQ NMFS Headquarters is responsible for: Deciding whether to concur with the Regional Administrator's decision regarding approval/disapproval/partial approval of Pacific Council-recommended actions; Deciding whether to approve final rule implementing regulations; Determining that an appropriate NEPA document has been completed for the action; Resolving with NOAA GC any issues elevated to Headquarters, including issues related to determinations of legal sufficiency; and Providing guidance on FMP approval processes and underlying regulatory requirements. WCR WCR will assist the Pacific Council in the development of fishery management actions, by: Attending Pacific Council meetings with representation in the Regional Administrator's Pacific Council Member seat, and with sufficient support staff to assist with documents and analysis necessary for Pacific Council decision-making. Ensuring staff representation on appointed seats for Advisory Bodies listed in the Pacific Council COPs, or participation in Advisory Bodies as necessary if not a member of the Advisory Body, to provide information and analysis on biological, technical, policy, administrative, and legal requirements and issues, as appropriate. In the absence of direct OLE staff input on a Pacific Council action, it will be the responsibility of the WCR to coordinate with OLE and ensure appropriate input occurs on Pacific Council actions. Ensuring active staff participation in specialized work groups, project teams, or workshops leading to Pacific Council decision-making, as well as on informal communication and collaboration effo...
NMFS. This documentation shall be provided via e-mail or hard copy to 25 the Branch Chief of the Fisheries Sampling Branch on the day of the 26 event. This documentation shall be of sufficient substance and detail 27 to be usable for NMFS enforcement actions. Narrative shall be provided 28 to completely answer the following guideline questions: who, what, 29 when, and where. This shall be reported on the Incident Report Form 30 (Section J, Attachment 8, Incident Report Form).
