Take Authorizations for Plant Species Under the ESA Sample Clauses

Take Authorizations for Plant Species Under the ESA. The take of Covered Species that are federally listed plants is not prohibited under the ESA except on federal land or in violation of state law. The palmate-bracted bird’s beak is included on the list of Covered Species and the Federal Permit in recognition of the benefits provided for that species under the Yolo HCP/NCCP and in the event palmate-bracted bird’s beak becomes subject to the same take prohibitions in the ESA as listed wildlife species.

Take Authorizations for Plant Species Under the ESA. The take of Covered Species that are federally listed plants is not prohibited under the ESA, and therefore take authorization for federally listed plants is not necessary. Plant species included on the list of Covered Species are listed on the Federal Permits in recognition of the Conservation Measures and benefits provided for those plants under the BDCP and for the purpose of demonstrating the avoidance of jeopardy pursuant to the Section 7 Biological Opinion. As of the Effective Date, any reference in this Agreement or the BDCP to the authorized take of Covered Species shall, for the purpose of incidental Take authorized under Section 10(a)(1)(B), exclude plant species. To the extent permitted by law, if at any time during the term of this Agreement and the Federal Permits, any plant listed as a Covered Species becomes subject to the take prohibition under the ESA, the Federal Permits shall automatically become effective as to such species, and the Permittees shall receive incidental take authorization for such species.