Permit Issuance. 10.1.1 NMFS issuance of a Permit to the District assures the District that based upon the best scientific and commercial data available and after careful consideration of all comments received, NMFS has found that with respect to all Permit Species that: (i) any take of a Permit Species by the District under this Agreement will be incidental to the carrying out of otherwise lawful activities; (ii) under this Agreement the District will, to the maximum extent practicable, minimize and mitigate any incidental take of Permit Species; (iii) the District has sufficient financial resources to adequately fund its affirmative obligations under this Agreement; (iv) as long as the actions required by this Agreement to minimize/mitigate incidental take are implemented, any incidental take of a Permit Species will not appreciably reduce the likelihood of the survival and recovery of such species in the wild; and (v) other measures and assurances required by NMFS as being necessary or appropriate are included in this Agreement. The hatchery permits are addressed in Section 10.1.4.
Appears in 4 contracts
Samples: Anadromous Fish Agreement, Anadromous Fish Agreement, Anadromous Fish Agreement