Notice of Dispute; Meet and Confer. If one or both Wildlife Agencies objects to any action or inaction by the Conservancy or any Permittee on the basis that the action or inaction is inconsistent with the Permits, the Yolo HCP/NCCP, or this Agreement, it will provide written notice to the Conservancy, the Permittee(s), and both Wildlife Agencies, unless providing written notice would preclude a necessary, immediate response to circumstances which may appreciably reduce the likelihood of survival and recovery of a species in the wild as reasonably determined by a Wildlife Agency. The notice shall identify the objection(s) of the Wildlife Agencies and adequately explain the basis thereof. The Conservancy or a Permittee, as appropriate, will respond in writing to the notice within thirty (30) days of receipt. The response shall describe actions that the Conservancy or Permittee proposes to take to resolve the objection or, alternatively, the response may explain why the objection is unfounded. If the response resolves the objection to the satisfaction of the Wildlife Agencies, the agency will so notify other recipients of the original notice of objection and, in turn, the Conservancy or Permittee will implement any actions proposed in the response. If the response does not resolve the objection to the Wildlife Agency’s satisfaction, the Wildlife Agency will notify the Conservancy or Permittee and any other recipients of the original notice. The Wildlife Agencies, Conservancy, and any relevant Permittee will then meet and confer to attempt to resolve the dispute. The meeting will occur within a reasonable time designated by the Wildlife Agencies, taking all relevant circumstances into account. Generally, unless the circumstances require otherwise, the meeting shall occur within 30 days after the Conservancy and affected Permittee(s) receive the Wildlife Agencies response, but it may also occur at a later time if the Wildlife Agencies, Conservancy, and relevant Permittee agree. A Conservancy representative will take notes at the meeting, summarize the outcome, and distribute meeting notes to each Party in attendance. If a dispute among the Parties pertains to a specific project, the proponent of the project shall be allowed to provide input into the dispute resolution process by reviewing the initial notice from one or both Wildlife Agencies and submitting its own response and, if applicable, by participating in the meeting referenced above. For purposes of this provision, a dispute pertains to a...
Notice of Dispute; Meet and Confer. If the USFWS or CDFG objects to any action or inaction by the Permittees on the basis that the action or inaction is inconsistent with the HCP/NCCP, the Permits, or this Agreement, it shall so notify the Permittee(s) and the Implementing Entity in writing, explaining the basis of such objection. The Permittee(s) or Implementing Entity shall respond to the notice within thirty (30) days of receiving it, stating what actions the Permittee(s) or Implementing Entity proposes to take to resolve the objection or, alternatively, explaining why the objection is unfounded. If the response resolves the objection to the satisfaction of the objecting agency, the agency shall so notify the Permittee(s) and the Implementing Entity, and the Permittee(s) or Implementing entity, as appropriate, shall implement the actions, if any, proposed in the response to the agency. If the response does not resolve the objection to the agency’s satisfaction, the agency shall notify the Permittee(s) or Implementing Entity accordingly, and the agency, the Permittee(s) and the Implementing Entity shall meet and confer to attempt to resolve the dispute. The meeting shall occur within 30 (days) after the Permittee(s) or Implementing Entity receives the objecting agency’s response, or at such later time as the Permittee(s), the Implementing Entity and the agency may agree. A representative of the Implementing Entity shall take notes at the meeting, summarize the outcome, and distribute meeting notes to each Party in attendance. The Implementing Entity or any other Permittee shall use the same procedure to raise and to resolve objections to any action or inaction of the USFWS or CDFG, and the USFWS and CDFG shall respond in the same manner to notices delivered by the Permittees. If a dispute arises among the Permittees regarding the action or inaction of a Permittee, the Permittees shall use the same procedure to raise and to resolve objections to the Permittee’s action or inaction, but shall not be required to provide notice to the USFWS or CDFG, and the USFWS and CDFG shall not be required to meet and confer with the Permittees.
