Permit Suspension or Revocation. The Service may suspend or revoke the Permit referred to in Part 8 of this Agreement in accordance with the laws and regulations in force at the time of such suspension or revocation. The Service also, as a last resort, may revoke the Permit if continuation of permitted activities would likely result in jeopardy to any of the Covered Species (50 CFR 13.28(a)). In such circumstances, the Service will exercise all possible measures to avoid revoking the Permit.
Permit Suspension or Revocation. The FWS may suspend or revoke the permit for cause in accordance with the laws and regulations in force at the time of such suspension or revocation. The FWS also, as a last resort, may revoke the permit if continuation of permitted activities would likely result in jeopardy to covered species (50 CFR 13.28(a)). Prior to revocation, the FWS would exercise all possible measures to remedy the situation.
Permit Suspension or Revocation. Except as otherwise provided for under the terms of the Agreement, the Permit shall be suspended or revoked in conformance with the provisions of 50 CFR 13.27-13.29 (1994), as the same exists as of the date hereof.
Permit Suspension or Revocation. The Service may suspend or revoke the Permit for cause in accordance with the laws and regulations in force at the time of such suspension or revocation. The Service, as a last resort, may revoke the Permit if continuation of permitted activities would likely result in jeopardy to LCT (50 CFR 13.28(a)). In such circumstances, the Service would exercise all possible measures to avoid revoking the Permit.
Permit Suspension or Revocation. The Service may suspend or revoke the permit for cause in accordance with the laws and regulations in force at the time of such suspension or revocation (50 CFR 13.28(a)). The Service may also, as a last resort, revoke the permit if continuation of permitted activities would likely result in jeopardy to covered species (50 CFR 17.22/32(d)(7)). The Service will revoke because of jeopardy concerns only after first implementing all practicable measures to remedy the situation.
Permit Suspension or Revocation. The USFWS may suspend or revoke the Permit for cause in accordance with the laws and regulations in force at the time of such suspension or revocation (50 CFR 13.28(a)).
Permit Suspension or Revocation.
1. A conviction, or entry of a plea of guilty or nolo contendere, for a felony violation of the Lacey Act, the Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act, or the ESA disqualifies any such person from receiving or exercising the privileges of a permit, unless such disqualification has been expressly waived by the Director in response to a 1305 written petition.
2. The revocation of a permit for reasons found in § 13.28 (a)(1) or (a)(2) disqualifies any such person from receiving or exercising the privileges of a similar permit for a period of five years from the date of the final agency decision on such revocation.
3. The failure to pay any required fees or assessed costs and penalties, whether or not reduced to judgment disqualifies such person from receiving or exercising the privileges of a permit as long as such moneys are owed to the United States. This requirement shall not apply to any civil penalty presently subject to administrative or judicial appeal; provided that the pendency of a collection action brought by the United States or its assignees shall not constitute an appeal within the meaning of this subsection.
4. The failure to submit timely, accurate, or valid reports as required may disqualify such person from receiving or exercising the privileges of a permit as long as the deficiency exists. The USFWS may revoke a Permit if continuation of the permitted activity would either appreciably reduce the likelihood of survival and recovery in the wild of any listed species, or directly or indirectly alter designated critical habitat such that it appreciably diminishes the value of that critical habitat for both the survival and recovery of a listed species. Before revoking a permit for either of the two reasons in the preceding paragraph, USFWS, with the consent of the landowner, will pursue all options that USFWS consider appropriate to avoid permit revocation. These options may include, but are not limited to: extending or modifying the existing permit, compensating the enrolled landowner to forgo the activity, purchasing an easement or fee simple interest in the enrolled property, or arranging for a third party acquisition of an interest in the property.
Permit Suspension or Revocation. FWS may suspend or revoke the ITP in accordance with the laws and regulations in force at the time of the suspension or revocation (see 5 U.S.C. § 558; 16 U.S.C. § 1539(a)(2)(C); 50 C.F.R. §§ 13.27-13.29). The suspension or revocation may apply to the entire ITP, or only to specified Listed Species, Covered Lands, or Covered Activities. In the event of suspension or revocation, Permittee’s obligations under this IA and the HCP will continue until FWS determines that all Take of Covered Species that occurred under the ITP has been fully mitigated in accordance with the HCP.
Permit Suspension or Revocation. The Service may suspend or revoke the ITP in whole or in part in accordance with the laws and Service’s implementing regulations in force at the time. The Service’s permit suspension regulation is currently at 50 C.F.R. § 13.27 and the revocation regulations are currently at 50 C.F.R. §§ 13.28, 17.22(b)(8) and 17.32(b)(8). The procedures for requesting reconsideration of the Service’s decision to suspend or revoke an ITP are currently at 50 C.F.R. § 13.29.
Permit Suspension or Revocation. The Wildlife Agencies may suspend or revoke the Permits, in whole or in part, for cause in accordance with the laws and regulations in force at the time of such suspension or revocation. Such suspension or revocation may apply to the entire Permit or Permits, or only to specified Covered Lands, Covered Species, or Covered Activities. In the event of suspension or revocation of a Permit, the Permittee that is the holder of that Permit must still comply with that Permittee's obligations under the Permit, including this Agreement and the BRCP, until the Wildlife Agencies determine that all incidental take of Covered Species that occurred under that Permit(s) have been fully mitigated in accordance with the BRCP and Section 7.0 of this Agreement. Unless the Parties agree otherwise, if no more incidental take than that authorized by the subject Federal Permit has occurred upon suspension or revocation, then, pursuant to 50 C.F.R. sections 17.22(b)(7) and 17.32(b)(7) , the USFWS or NMFS, as may be appropriate may not require more, or different mitigation, beyond that specified under Agreement Section 7.0. Similarly, unless the Parties agree otherwise, if no more incidental take than that authorized by the subject State Permit has occurred upon suspension or revocation, then, pursuant to the NCCPA, CDFW may not require more, or different mitigation, beyond that specified under Agreement Section 7.0.
