Common use of Relationship of Settlement to Section 7 Consultation Clause in Contracts

Relationship of Settlement to Section 7 Consultation. The Parties 9 acknowledge that if FERC submits the PM&E measures stated in Appendix A as part of 10 the proposed action for consultation under Section 7 of the ESA, FWS may in its lawful 11 discretion identify PM&E measures different from or additional to those set forth in 12 Appendix A and Appendix B to minimize the effects of take of listed species. 13

Relationship of Settlement to Section 7 Consultation. The Parties 9 acknowledge that if FERC submits the PM&E measures stated in Appendix A as part of 10 the proposed action for consultation under Section 7 of the ESA, FWS may in its lawful 11 discretion identify PM&E measures different from or additional to those set forth in 12 Appendix A and Appendix B to minimize the effects of take of listed species. 13.