No Surprises Assurances. The Wildlife Agencies acknowledge that the Permittees have agreed to take on the substantial responsibility of developing and implementing the BRCP in large part to obtain regulatory assurances, as provided in the ESA and the NCCPA and further described in this Section and BRCP Chapter 8.
No Surprises Assurances. Provided that the Permittees have complied with their obligations under this Agreement, the HCP/NCCP and the Federal Permit, USFWS cannot require any Permittee or Third Party Participant, without its consent, to provide additional mitigation beyond that provided for in the HCP/NCCP under Unforeseen Circumstances, in accordance with the “No Surprises” regulations at 50 Code of Federal Regulations section 17.22(b)(5) and section 17.32(b)(5). Changed Circumstances, as described in 50 Code of Federal Regulations section 17.22(b)(5)(i), are adequately addressed in Chapter 7 and Chapter 10 of the HCP/NCCP, and Permittees shall implement any measures for such circumstances as called for in the HCP/NCCP, as described in Section 12.2 of this Agreement.
No Surprises Assurances. The USFWS has promulgated the Habitat Conservation Plan Assurances Rule, published in the Federal Register on February 23, 1998 (63 Federal Register 8859), and codified at 50 Code of Federal Regulations, sections 17.3, 17.22(b) and 17.32(b) ("No Surprises Rule").
No Surprises Assurances. (a) Unforeseen Circumstances. As provided in 50 C.F.R. 17.3, the term “Unforeseen Circumstances” shall mean changes in circumstances affecting a species or geographic area covered by the NBHCP that could not reasonably have been anticipated by the plan developers and USFWS at the time of the Plan’s negotiation and development, and that results in a substantial and adverse change in the status of a Covered Species.
No Surprises Assurances. 8.1 On June 10, 2004, the court in Spirit of the Sage Council x.Xxxxxx, Civil Action No. 98-1873 (D. D.C.) ordered that, until the Service completes a rulemaking on revocation standards for incidental take permits, the Service may not approve new incidental take permits or related documents containing No Surprises assurances. The order specifically allows for the Service to issue incidental take permits that do not contain No Surprises assurances. Therefore, the “No Surprises” assurances applicable to the Permits are currently unenforceable and ineffective with respect to this Permit. The remainder of the Permit, the IA, and the HCP shall remain in full force and effect to the maximum extent permitted by law. In addition, in the event that any future judicial decision or determination holds that the “No Surprises” assurances rule (or similar successive rule) is vacated, held unenforceable or enjoined for any reason or to any extent, the “No Surprises” assurances applicable to the Permits shall be enforceable only to the degree allowed by any such decision or determination; provided that the remainder of the Permit, the IA, and the HCP shall remain in full force and effect to the maximum extent permitted by law. In the event that the “No Surprises” assurances rule is vacated, held unenforceable or enjoined by a judicial decision or determination, including the June 10,2004 order described above, but is later reinstated or otherwise authorized, the “No Surprises” assurances applicable to the Permits shall automatically apply. If, in response to any judicial decision or determination, the “No Surprises” assurances rule is revised, the “No Surprises” assurances applicable to the Permits shall be automatically amended in a manner consistent with the revised rule so as to afford the maximum protection to the Permittees consistent with the revised rule. Pursuant to the June 10, 2004, order in Spirit of the Sage Council x. Xxxxxx, Civil Action No. 98-1873 (D. D.C.), until the Service adopts new revocation rules specifically applicable to incidental take permits, all incidental take permits issued by the Service shall be subject to the general revocation standard in 50 C.F.R. § 13.28(a)(5). Additionally, notwithstanding anything to the contrary in the IA and the HCP, the Service retains statutory authority, under both sections 7 and 10 of the ESA, to revoke incidental take permits that are found likely to jeopardize the continued existence of a listed species.
No Surprises Assurances. No Surprises Assurances" with regard to the Federal Permit means the regulations at 17.3, 17.22(b)(5), and 17.32(b)(5) that govern the ability of the Service to require conservation and mitigation measures beyond those provided in the Plan in the event of an Unforeseen Circumstance where Permittee is properly implementing the terms of the Plan and Federal Permit. With regard to the NCCP Permit, No Surprises assurances means that if there are Unforeseen Circumstances CDFW will not require additional land, water or financial compensation or additional restrictions on the use of land, water, or other natural resources for the life of the NCCP permit without the consent of Permittee, provided Permittee is implementing the Plan, the Permits, and this Agreement, unless CDFW determines that continued implementation of the Plan would jeopardize the continued existence of a Covered Species (California Fish and Game Xxxx § 0000 (x)).
No Surprises Assurances. The Service has found that the golden-cheeked warbler is “adequately covered” (as such term is defined in the No Surprises Rule) by the HCP. The Service agrees that the golden- cheeked warbler shall be listed on the Permit as required by the No Surprises Rule. Section 6.9 of the HCP contains a more detailed statement regarding the assurances provided to the Permittee. Except as otherwise provided in this Agreement, the Service agrees that the Permittee is entitled to all rights, benefits, and privileges that may accrue to it under the No Surprises Rule with respect to the golden-cheeked warbler or any other Covered Species.
No Surprises Assurances. 8.1 Provided that the State has complied with its obligations under the HCP, this agreement, and the permits, the Services may require the State to provide mitigation beyond that provided for in the HCP only in accordance with the “no surprises” regulations at 50 C.F.R. §§ 17.22(b)(5), 17.32(b)(5), 222.307(g)
No Surprises Assurances. The Covered Species listed above are considered adequately addressed under the Trinity River Authority CCAA and are, therefore, covered by “No Surprises” assurances provided in 50 C.F.R. 17.22(d)(5) and 50 C.F.R. 17.32(d)(5). If the USFWS demonstrates that unforeseen circumstances exist during the life of the Permit and additional measures are deemed necessary to respond to those circumstances, the USFWS may require additional measures of the Permittee where the CCAA is being properly implemented, but only through coordination with the Permittee and only if such measures are limited to modifications to the CCAA’s operating conservation program for the Covered Species, and maintain the original terms of the CCAA to the maximum extent practicable. Notwithstanding the foregoing, the USFWS will not require the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon for Covered Species without the consent of the Permittee.
No Surprises Assurances. Upon issuance of the Federal Permit, the Water Authority shall receive regulatory assurances pursuant to the “No Surprises” regulations at 17.22(b)(5) and 17.32(b)(5). Pursuant to the “No Surprises” regulations, as long as the NCCP/HCP, this Agreement and the federal Permit are being properly implemented, USFWS shall not require additional conservation and mitigation measures that involve the commitment of additional land, water or financial compensation or additional restrictions on the use of land or other natural resources otherwise available for development or use under the NCCP/HCP without the consent of the Water Authority.
