Section 7 Consultations Sample Clauses

Section 7 Consultations. The USFWS will evaluate the direct, indirect, and cumulative effects of the Covered Activities in their internal ESA biological opinion issued in connection with the SSHCP and issuance of the Section 10(a) Permit. As a result, and to the maximum extent allowable, in any consultation under Section 7 of ESA subsequent to the Effective Date involving the Plan Permittee(s) or any entity or individual for which a Development Authorization or Special Participating Entity has been issued with regard to Covered Species and Covered Activities, the USFWS shall ensure that the ESA biological opinion issued in connection with the proposed project that is the subject of the consultation is consistent with the internal ESA biological opinion. Such project must be consistent with the terms and conditions of the SSHCP and this Agreement. Any reasonable and prudent measures included under the terms and conditions of an ESA biological opinion issued subsequent to the Effective Date with regard to the Covered Species and Covered Activities shall, to the maximum extent appropriate, be consistent with the implementation measures of the SSHCP and this Agreement. The USFWS shall not impose measures in excess of those that have been or will be required by the Plan Permittee(s) pursuant to the SSHCP and this Agreement. The USFWS shall process subsequent ESA consultations for Covered Activities in accordance with the process and time periods set forth in 50 Code of Federal Regulations, section 402.14. The Parties agree that this section does not create an independent cause of action.
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Section 7 Consultations. The USFWS will evaluate the direct, indirect, and cumulative effects of the Covered Activities in its internal FESA biological opinion issued in connection with the MSHCP and issuance of the Section 10(a) Permit. As a result, and to the maximum extent allowable, in any consultation under section 7 of FESA subsequent to the Effective Date involving the Permittee(s) or entity with Third Party Take Authorization with regard to Covered Species and Covered Activities, the USFWS shall ensure that the FESA biological opinion issued in connection with the proposed project that is the subject of the consultation is consistent with the internal FESA biological opinion. Such projects must be consistent with the terms and conditions of the MSHCP and this Agreement. Any terms and conditions included under the reasonable and prudent measures of a FESA biological opinion issued subsequent to the Effective Date with regard to the Covered Species and Covered Activities shall, to the maximum extent appropriate, be consistent with the implementation measures of the MSHCP and this Agreement. The USFWS shall not impose measures in excess of those that have been or will be required by the Permittee(s) or entity with Third Party Take Authorization pursuant to the MSHCP and this Agreement. The USFWS shall process subsequent FESA consultations for Covered Activities in accordance with the process and time periods set forth in 50 Code of Federal Regulations, section 402.14. The Parties agree that this section does not create an independent cause of action.
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Section 7 Consultations. The USFWS will evaluate the direct, indirect, and cumulative effects of the Covered Activities in their internal ESA biological opinion issued in connection with the SSHCP and issuance of the Section 10(a) Permit. To the maximum extent allowable by law, in any consultation under Section 7 of ESA subsequent to the Effective Date involving the Plan Permittee(s) or any entity or individual for which a Development Authorization or Special Participating Entity has been issued with regard to Covered Species and Covered Activities, the USFWS will issue a consultation document in connection with the proposed project that is consistent with the internal ESA biological opinion. Such project must be consistent with the terms and conditions of the SSHCP and this Agreement. The USFWS shall process subsequent ESA consultations for Covered Activities in accordance with the process and time periods set forth in 50 Code of Federal Regulations, section 402.14. The Parties agree that this section does not create an independent cause of action.
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Section 7 Consultations. Nothing in this agreement is intended to eliminate or modify the obligation of a federal agency to consult with the USFWS pursuant to section 7(a) of the ESA (16 U.S.C. Section 1536(a)). To the maximum extent appropriate, in any consultation under said provision involving CITY or a prospective or existing Third Party Beneficiary with regard to RPV Covered Species or Species Adequately Conserved which are listed or proposed for listing under the ESA, the USFWS shall ensure that the biological opinion issued in connection with the proposed public or private development project which is the subject of the consultation is consistent with the biological opinions issued in connection with the RPV NCCP Subarea Plan, provided that the proposed public or private development project is consistent with the RPV NCCP Subarea Plan. Any take avoidance and take minimization measures included under the terms and conditions of the Section 7 biological opinion shall, to the maximum extent appropriate, be consistent with the requirements imposed on the development project under the RPV NCCP Subarea Plan, provided that, unless otherwise required by law, the USFWS shall not impose measures on the prospective or existing Third Party Beneficiary in excess of those that have been or will be required by the CITY pursuant to the RPV NCCP Subarea Plan, this Agreement and the Section 10(a)(1)(B) Permit and NCCP Act Authorization except in accordance with the No Surprises Rule.
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Section 7 Consultations. Under the provisions of Section 7 and its implementing regulations, Incidental Take Statements contained in biological opinions apply only to species listed as endangered or threatened under the ESA. The Integrated Biological Opinion also serves as a conference opinion pursuant to 50 C.F.R. § 402.10(d) and (e) that evaluates all Covered Species as though listed and provides a basis for authorizing incidental take should non-listed Covered Species become listed in the future. In the event a Non-listed Covered Species becomes listed in the future, USFWS and NMFS will adopt the conference opinion as the final biological opinion for that species in accordance with 50 C.F.R. § 402.10(d) for Associated Federal Actions undertaken by Reclamation unless significant changes have occurred in the proposed action or the information used in the conference opinion. If the conference opinion can be adopted pursuant to 50 C.F.R. § 402.10(d), USFWS and NMFS will not request, impose, recommend, or require mitigation, conservation, compensation, enhancement, or other protection for such Covered Species, beyond that expressly provided in this Agreement.
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Section 7 Consultations. In any consultation that may be required or processed pursuant to section 7 of ESA, 16 U.S.C. § 1536, subsequent to the Effective Date, with regard to the Covered Activities analyzed in the ESA intra-Service section 7 consultation for the Tribal HCP, the Agency shall, to the maximum extent appropriate, rely upon, and utilize, the ESA biological opinion completed in association with the Tribal HCP. Unless otherwise required by law, the Agency will not impose measures on the Tribe or Third Party Participants in excess of those that have been or will be required by the Permit, the Tribal HCP or this Agreement. In no event shall the Agency require the Tribe to implement measures, or recommend that other Federal agencies impose on the Tribe measures or other requirements, that are inconsistent with the Permit, the Tribal HCP, or this Agreement.
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Related to Section 7 Consultations

  • Technical Consultations If a Party has a significant concern with respect to food safety, plant health, or animal health, or an SPS measure that the other Party has proposed or implemented, that Party may request technical consultations with the other Party. The Party that is the subject of the request should respond to the request without undue delay. Each Party shall endeavour to provide the information necessary to avoid a disruption to trade and, as the case may be, to reach a mutually acceptable solution.

  • Notification and Consultation 1. A Party shall promptly notify the other Party in writing upon: (a) initiating a bilateral safeguard proceeding under this Section; (b) applying a provisional bilateral safeguard measure; and (c) taking a final decision to apply or extend a bilateral safeguard measure. 2. A Party shall provide to the other Party a copy of the public version of the report of its competent investigating authority in accordance with Article 8.4.1. 3. Upon request of a Party whose good is subject to a bilateral safeguard proceeding under this Section, the Party conducting that proceeding shall enter into consultations with the requesting Party to review a notification under paragraph 1 or any public notice or report that the competent investigating authority has issued in connection with the proceeding. 4. All notifications during any bilateral safeguard investigation shall be exchanged in English.

  • JOINT CONSULTATION 25.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest. 25.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties. 25.03 Wherever possible, the Council shall consult with representatives of the Professional Institute at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

  • Consultation 10.1 The Employer agrees to consult the Employee timeously where the exercising of its powers will have amongst others- 10.1.1 A direct effect on the performance of any of the Employee’s functions; 10.1.2 Commit the Employee to implement or to give effect to a decision made by the Employer; and 10.1.3 A substantial financial effect on the Employer. 10.2 The Employer agrees to inform the Employee of the outcome of any decisions taken pursuant to the exercise of powers contemplated in clause 12.1 as soon as is practicable to enable the Employee to take any necessary action with delay.

  • INFORMATION AND CONSULTATION 8.1 You are entitled under the General Data Protection Regulation to access personal data we hold on you in our housing files. We will provide you with a copy of any such information we hold within one calendar month of your request. You may have other rights under the General Data Protection Regulation in relation to your personal data, which we will honour. You are entitled to check information you have provided in connection with your housing application free of charge. 8.2 We will publish an annual report on our housing management performance which, you may obtain from us on request. We will give you information about our complaints procedure. 8.3 On request, we will provide you with free information relating to: ▪ The terms of your tenancy; ▪ Our policy and procedures on setting rent and service charges; ▪ Our policy and rules about; o Admission to the housing lists; o Allocations; o Transfer of tenants between houses; o Exchanges of houses between our tenants, and tenants of other landlords; o Repairs and maintenance; o Our tenant participation strategy; o Our arrangements for taking decisions about housing management and services. 8.4 We will consult you about making or changing: ▪ Policies regarding housing management, repairs and maintenance if the proposal is likely to significantly affect you; ▪ Proposals for changes in rent and service charges where they affect all or a class of tenants (and you are to be affected); ▪ Proposals for the sale or transfer of your house to another landlord; ▪ Decisions about the information to be provided relating to our standards of housing management and performance; ▪ Performance standards or targets in relation to housing management repairs and maintenance; ▪ Our tenant participation strategy. We will take into account any views that you have before making a final decision. Any consultation with you will include giving you comprehensive information in an accessible form and reasonable time to express views.

  • Consultations A Party may request in writing consultations with the other Party with respect to any matter referred to in Article 174 (Scope of Application).

  • Review and Consultation Employee acknowledges and agrees he (a) has read this Agreement in its entirety prior to executing it, (b) understands the provisions and effects of this Agreement and (c) has consulted with such attorneys, accountants and financial or other advisors as he has deemed appropriate in connection with the execution of this Agreement. Employee understands, acknowledges and agrees that he has not received any advice, counsel or recommendation with respect to this Agreement from Employer’s attorneys.

  • CONSULTATION WITH OTHER SUB-ADVISERS In performance of its duties and obligations under this Agreement, the Sub-Adviser shall not consult with any other sub-adviser to the Fund or a sub-adviser to a portfolio that is under common control with the Fund concerning transactions for the Fund, except as permitted by the policies and procedures of the Fund. The Sub-Adviser shall not provide investment advice to any assets of the Fund other than the assets managed by the Sub-Adviser.

  • Consultation with Experts The Administrative Agent may consult with legal counsel, independent public accountants, and other experts selected by it and shall not be liable for any action taken or omitted to be taken by it in good faith in accordance with the advice of such counsel, accountants or experts.

  • Union Consultation The Union is entitled to consult the Employer or its representative, whenever it is alleged that Employees are required to work unreasonable amounts of overtime.

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