Common use of Permit Issuance Clause in Contracts

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. 10.1.2 After opportunity for public comment, compliance with NEPA and concurrent with the Effective Date of this Agreement, NMFS will issue a Permit to the District pursuant to Section 10(a)(1)(B) of the ESA to authorize any incidental take of listed Permit Species which may result from the District’s otherwise lawful operation of the Project, conducted in accordance with this Agreement and the Permit, and NMFS will issue necessary hatchery Permits (incidental and direct). In addition, the Permit shall authorize any incidental take of listed Permit Species which may result from the District’s otherwise lawful operation of the hatchery facilities required by this Agreement, conducted in accordance with this Agreement and the Permit. The Permit and this Agreement shall remain in full force and effect for a period of fifty-(50) years from the Effective Date, or until revocation of the Permit under Section 10.4 “Permit Suspension, Revocation and Re-Instatement”, or the District or NMFS’ withdraws under Section 2.1 “Enough Already”, whichever occurs sooner. Amendments to the Permit or this Agreement shall remain in effect for the then-remaining term of this Agreement or until revocation under Section 10.4 “Permit Suspension, Revocation and Re- Instatement”, whichever occurs sooner. Withdrawal from this Agreement pursuant to Section 2 “Withdrawal From Agreement” and revocation of the Permit is not limited by the no surprises regulation. The Permit shall incorporate by reference the no surprises rule set forth in 50 CFR 222.307(g) (2001). This Agreement provides for changed circumstances and the mitigation measures to respond to changed circumstances. Any circumstance relating to Permit Species not addressed by this Agreement is an Unforeseen Circumstance. 10.1.3 The Permit shall authorize the District to incidentally take Permit Species that are listed under the ESA, to the extent that such incidental take of such species would otherwise be prohibited under Section 9 of the ESA, and its implementing regulations, or pursuant to a rule promulgated under Section 4(d) of the ESA, and to the extent that the take is incidental to the District’s lawful operation of the Project, subject to the condition that the District must fully comply with all requirements of this Agreement and the Permit. The Permit will be immediately effective upon issuance for Permit Species currently listed under the ESA. The Permit will become effective for currently unlisted Permit Species upon any future listing of such species under the ESA. 10.1.4 In the event that an additional or amended Section 10 permit is required for the implementation of any aspect of the Tributary Conservation Plan or Hatchery Compensation Plan, the NMFS shall expedite the processing of such permits or amendments. The hatchery Permits (direct and incidental) will initially be issued to authorized take through 2013. Beginning in 2013 and every ten (10)-years thereafter, the District or its agent shall submit to NMFS hatchery Permit applications incorporating changes to the Hatchery Program identified in the ten (10)-year program reviews (see Section 8.7 “Program Review”).