Regulatory Assurances. M&I and Customer acknowledge and agree that the performance of these Services will be subject to regulation and examination by Customer's regulatory agencies to the same extent as if such Services were being performed by Customer. Upon request, M&I agrees to provide any appropriate assurances to such agency and agrees to subject itself to any required examination or regulation. Customer agrees to reimburse M&I for reasonable costs actually incurred due to any such examination or regulation that is performed solely for the purpose of examining data processing services used by Customer.
Regulatory Assurances. Metavante and Customer acknowledge and agree that the performance of these Services will be subject to regulation and examination by Customer's regulatory agencies to the same extent as if such Services were being performed by Customer. Upon request, Metavante agrees to provide any appropriate assurances to such agency and agrees to subject itself to any required examination or regulation. Customer agrees to reimburse Metavante for reasonable costs actually incurred due to any such examination or regulation that is performed primarily for the purpose of examining Services used by Customer.
Regulatory Assurances. Upon execution of the Agreement and this Site Plan Agreement and the satisfaction of all other applicable legal requirements, NMFS will issue a permit under Section 10(a)(1)(A) of the ESA to assure the Permittee may incidentally take Covered Species, in accordance with the Site Plan Agreement and Agreement, as a result of implementing the Covered Activities described in this Site Plan Agreement, and except where such activities would result in the diminishment or non-achievement of the Baseline and/or Elevated Baseline Conditions established for the Enrolled Property. This assurance depends on the Permittee maintaining the Baseline Conditions and/or achieving the Elevated Baseline Conditions set forth in the Site Plan Agreement, complying fully with the Agreement and the Site Plan Agreement, and so long as the continuation of Covered Activities would not be likely to result in jeopardy to Covered Species or the adverse modification or destruction of their designated critical habitat. NMFS provides no assurances with regard to any action that may affect species not covered under the Agreement, including the take of non-covered species and the adverse modification or destruction of their designated critical habitat.
Regulatory Assurances. 9.1. Non-Federal Parties who seek regulatory assurances under the KBRA and/or this Agreement (described in this Agreement as Regulatory Assurances) may qualify for coverage under an incidental take permit using General Conservation Plans (GCP) or Habitat Conservation Plans (HCP) under Section 10(a)(1)(B) of the Endangered Species Act (ESA).
9.2. It is the intent of the Parties that any GCPs or HCPs will be based upon a conservation strategy for the species and address the needs of the local community.
9.3. It is the intent of the Parties that Water Use Agreements and Riparian Management Agreements will contain terms and conditions that are expected to qualify for Regulatory Assurances, including coverage for individual landowners under an incidental take permit.
9.4. Applicants for incidental take permits may use either a GCP or HCP. The GCPs or HCPs described in this section of the Agreement will address the Non-Federal Party’s actions that occur in the Off-Project Area and shall address any effects of such actions on listed species under the ESA. To the extent that GCPs and/or HCPs address effects on unlisted species, the resulting incidental take permits issued by USFWS and NMFS will clarify how the permits will cover those unlisted species if and when the species become listed under the ESA.
9.4.1. General Conservation Plan. USFWS and NMFS will lead the development of GCP(s) consistent with ESA section 10(a)(1)(B), and USFWS’ and NMFS’ implementing regulations and policy. The development of a GCP is undertaken by the USFWS and NMFS, rather than by an individual applicant, and is based upon the conservation strategy for the species and addresses the needs of the local community. This Agreement will provide the context for achieving these goals.
Regulatory Assurances. The assurances listed below apply to the Permit holder and are conveyed to enrolled Participants by a CI where the conservation measures specified in the Cooperative Agreement are being properly implemented as described. The assurances apply only with respect to species covered by the CCAA. Upon issuance of the Permit, the USFWS provides TPWD with the assurances that no additional conservation activities or additional land, water, or resource use restrictions for the covered species, beyond those voluntarily agreed to and described in section 6.0 Conservation Measures of this CCAA and in the associated Cooperative Agreement, will be required on enrolled properties throughout the 10-year life of the agreement, regardless of listing status of the covered species. These assurances, through the approval of the CCAA and issuance of the Permit, are transferred to Participants through a valid CI. These assurances will be authorized with the issuance of an Enhancement of Survival Permit under section 10(a)(1)(A) of the ESA.
10.1 Changed Circumstances Changed circumstances are those circumstances affecting a species or its geographic area that can be reasonably anticipated and to which the parties can plan a response (50 CFR 17.22(d)(5)). If additional conservation measures are necessary to respond to changed circumstances and the measures were set forth in the CCAA’s operating conservation strategy, the enrolled Participant will implement the measures specified in the CCAA after consultation with TPWD or USFWS. Circumstances that can be reasonably anticipated on enrolled properties include wildfire, drought, flooding, and other naturally occurring weather events. Participants can voluntarily follow the most recent approved response guidelines provided by USFWS for such events to reduce impacts to the TKR. Such guidelines would be non-binding and only used in circumstances following a wildfire or other naturally occurring weather event, where no immediate threats to human health and safety or further property damage would be expected to occur. If additional conservation measures not provided for in the CCAA operating conservation strategy are necessary to respond to changed circumstances, the USFWS will not require any conservation measures in addition to those provided for in the CCAA without the consent of the enrolled Participant, provided the Cooperative Agreement and Permit are being properly implemented.
10.2 Unforeseen Circumstances Unforeseen circumstan...
Regulatory Assurances. The following assurances are provided to the Cooperators: “If additional conservation measures are necessary to respond to unforeseen circumstances, the Service may require additional measures from the AGFC or Cooperator only if such measures are limited to modifications within a Cooperator’s XXXX conservation strategy for the affected species, and only if those measures maintain the original terms of the XXXX (and Certificate of Inclusion) to the maximum extent possible. Additional conservation measures will not involve the commitment of additional land, water, or financial compensation, or additional restrictions on the use of land, water, or other natural resources available for development or use under the original terms of the XXXX (and Certificate) without the consent of the Cooperator.” FWS will have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the affected species. FWS will consider, but not be limited to, the following factors: ➢ Size of the current range of the affected species; ➢ Percentage of range adversely affected; ➢ Percentage of range conserved; ➢ Ecological significance of that portion of the range affected; ➢ Level of knowledge about the affected species and the degree of specificity of the species’ conservation program; and ➢ Whether failure to adopt additional conservation measures would appreciably reduce the likelihood of survival and recovery of the affected species in the wild. These assurances allow the Cooperator to alter or modify the enrolled property, even if such alteration or modification results in the incidental take of speckled pocketbook habitat to such an extent that the take returns the speckled pocketbook habitat to the originally agreed upon baseline conditions. These assurances may apply to the entire enrolled property or to portions of the enrolled property as designated or otherwise specified in the XXXX. These assurances are also contingent on the Cooperator’s compliance with the obligations of the XXXX. Further, the assurances apply only to this particular XXXX, only if the XXXX is being properly implemented, and only with respect to species covered by this XXXX.
Regulatory Assurances. The Wildlife Agencies acknowledge that the Permittees have agreed to take on the substantial responsibility of developing and implementing the HCP/NCCP in large part to obtain regulatory assurances, as provided in FESA and the NCCPA and further described in this Section and Chapter 10.
Regulatory Assurances. Upon execution of the Agreement and this Site Plan Agreement and the satisfaction of all other applicable legal requirements, NMFS will issue a ESP under section 10(a)(1)(A) of the ESA to assure that the Permittee may incidentally take Covered Species, in accordance with the Site Plan Agreement and Agreement, as a result of implementing the Covered Activities described in this Site Plan Agreement, and except where such activities would result in the diminishment or non-achievement of the Baseline and/or Elevated Baseline Conditions established for the Enrolled Property. This assurance depends on the Permittee maintaining the Baseline Conditions and/or achieving the February 24, 2021 XXXX-XXXXXX-XXXX RIPARIAN DIVERSION: RICE LIVESTOCK REPORTED PROPORTIONAL USE Primary Owner: RICE LIVESTOCK COMPANY Statement Number: S022755 Date Submitted: 06/27/2018
1. Water is used under Riparian Claim
2. Year diversion commenced 1900
3. Purpose of Use Irrigated Crops Multiple Crops Area Irrigated (Acres) Primary Irrigation Method
4. Changes in Method of Diversion Special Use Categories
Regulatory Assurances. Overview of Regulatory Assurances for Fisheries and Water Resources Programs. 106 20.1. Consequences of Reintroduction. 106 20.1.1. Recitals. 106 A. Consequences on Land and Water Users. 106 B. Interests of Land and Water Users. 107
Regulatory Assurances. 13.1 Assurances Under the ESA
13.2 Assurances Under the NCCPA
