Take Authorization for Newly Regulated Covered Species; Savings Provision Sample Clauses

Take Authorization for Newly Regulated Covered Species; Savings Provision. Subject to compliance with all other terms of this Agreement, the Section 10(a) Permit will automatically become effective for each unlisted Covered Species upon the listing of such species as endangered or threatened under FESA. If it is judicially determined that the USFWS was not authorized to cause the Section 10(a) Permit to become effective automatically as to Covered Species as they become listed pursuant to FESA, the USFWS shall accept the minimization and mitigation measures in the SSHCP and this Agreement as the basis for an application for a Section 10(a) amendment or separate Section 10(a) Permits, Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. §§ 703-712) (“MBTA”) Permits, and/or other Take Authorizations. The USFWS shall use reasonable efforts to review and process the application expeditiously so as to ensure, provided the Permit amendment or application meets the requirements of the ESA and other applicable federal laws, that the Take Authorization is effective concurrently with the listing of the Covered Species under FESA. In issuing such Permits, amendments and/or Take Authorizations, and to the extent that such judicial determination creating the circumstances requiring such additional review and processing allows, the USFWS shall not request, impose, recommend or require further mitigation, conservation, compensation, enhancement or other protection for such Covered Species except as expressly provided in this Agreement.
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Take Authorization for Newly Regulated Covered Species; Savings Provision. To the extent that it is judicially determined that USFWS was not authorized to cause the Section 10(a) Permit to become effective automatically as to Covered Species as they become listed pursuant to FESA, the HCP and this Agreement shall be deemed adequate to support an application for any Section 10(a) Permits, and/or other Take authorizations, as applicable, as are necessary and lawful to permit Take of such Covered Species for the remaining term of the Section 10(a) Permit. USFWS shall use its best efforts to process and issue such Take authorization concurrently with the regulation of the Covered Species. In issuing such permits and/or Take authorizations, USFWS shall not request, impose, recommend, or require further mitigation, conservation, compensation, enhancement or other protection for such Covered Species except as expressly provided in this Agreement.
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