Take Authorization for Species Covered by the Migratory Bird Treaty Act Sample Clauses

Take Authorization for Species Covered by the Migratory Bird Treaty Act. The USFWS agrees to issue a Special Purpose Permit under 50 C.F.R. § 21.27 to authorize take of migratory birds protected by the Migratory Bird Treaty Act (MBTA) that are Covered Species and that are also listed under the ESA as threatened or endangered. The Special Purpose Permit will authorize take in the amount specified in the BDCP, subject to the terms and conditions set forth in the Federal Permits. The Special Purpose Permit will be valid for three years and will be renewed pursuant to the MBTA, provided the Permittees are in compliance with the Federal Permits. Each renewal of the Special Purpose Permit shall be for a period of three years, or longer if the maximum permit term has been extended by law, provided that the Federal Permits remain in effect for such period. If and when any other Covered Species that is protected under the MBTA is designated a Federally Listed Species, the Federal Permits will automatically constitute a Special Purpose Permit for that species as of the date the Federal Permits become effective as to such species. The Federal Permit will constitute a Special Purpose Permit under the Migratory Bird Treaty Act as provided at 50 C.F.R. § 21.27 for the Take of migratory birds protected by the MBTA that are Covered Species and that are also listed under the ESA as threatened or endangered, subject to the terms and conditions specified in the Federal Permit, as of the Effective Date. The Special Purpose Permit will be valid for a period of three (3) years from the Effective Date, provided the Federal Permit remains in effect for such period. The Special Purpose Permit will be renewed in accordance with the Migratory Bird Treaty Act provided that the Permittees remain in compliance with the Federal Permit. Each such renewal will be valid for the maximum period allowable under the applicable regulations at the time of the renewal (which, as of the Effective Date is three (3) years), provided that the Federal Permit remains in effect for such period. If and when any other Covered Species that is a migratory bird becomes a Federal Listed Species, the Federal Permit will automatically constitute a Special Purpose Permit for that species as of the date the Federal Permit becomes effective as to such species as provided in this Agreement.
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