Obligations of the NMFS. Upon execution of this Agreement by the Parties, and a determination that all legal requirements have been satisfied, NMFS shall issue to Permittees the Permit under section 10(a)(1)(B) of the ESA, authorizing the limited incidental take of the Covered Species resulting from the Covered Activities. NMFS shall provide timely technical assistance and review, collaboration and consultation to the Permittees regarding implementation of the BRCP, as provided in this Agreement and the BRCP, throughout the duration of the
Obligations of the NMFS. Upon execution of this Agreement by the Parties, and a determination that all legal requirements have been satisfied, NMFS shall issue to Permittees the Permit under section 10(a)(1)(B) of the ESA, authorizing the limited incidental take of the Covered Species resulting from the Covered Activities. NMFS shall provide timely technical assistance and review, collaboration and consultation to the Permittees regarding implementation of the BRCP, as provided in this Agreement and the BRCP, throughout the duration of the Federal Permit. NMFS shall also use all reasonable efforts to assist the Permittees to achieve the BRCP conservation and recovery goals for the Covered Species, as described in BRCP Chapter 8, Section 8.2.2. In accordance with Chapter 8, Section 8.5 of the BRCP, during the section 7 consultation process, NMFS also agrees to not impose on covered activities with a Federal nexus to Federal agencies (other than USFWS or NMFS) any measures under future biological opinions in excess of those that have been or will be required of the Permittees pursuant to the BRCP, this Agreement, or the BRCP biological opinion.
