Incidental take definition

Incidental take means the "take" under Federal and State law of a covered wildlife species that results from, but is not the purpose of, carrying out an otherwise lawful activity.

Incidental take means the taking of a marine mammal in the course of treaty fishing operations (i) because it is directly interfering with fishing operations, (ii) as a consequence of the steps used to secure the fish in connection with fishing operations or (iii) as a measure of self-defense to ensure the safety of the crew or vessel.

Incidental take means both the Take of a Covered Species incidental to and not the purpose of the carrying out of an otherwise lawful activity, and the Take of a Covered Species pursuant to a NCCP Authorization.

Examples of Incidental take in a sentence

• In the event that fall and early winter flow variability can feasibly be accomplished, PacifiCorp, in coordination with NMFS, USFWS, and Reclamation will, upon a final Incidental Take Permit issued to PacifiCorp by NMFS becoming effective, annually develop fall and early winter flow variability plans and implement those plans.

• The Department agrees to the issuance of, and Entergy agrees to be bound by, a final ESA Permit substantially similar to the January 11, 2013 National Marine Fisheries Service (“NMFS”) Biological Opinion and Incidental Take Statement (“BiOp/ITS”), the terms and conditions of which resolve issues in dispute between the Department Staff and Entergy in the Proceeding with respect to Entergy’s application for the WQC.

• The Service is responsible for working with the Property Owner to record and monitor any Incidental Take for the duration of the agreement.

• On March 18, 2013, the U.S. Fish and Wildlife Service issued Incidental Take Permit No. TE63663A-O (“ITP”) to the EAA, among others, under Section 10(a) (16 U.S.C.A. § 1539(a)) of the federal Endangered Species Act.

• Nothing in the Cedar River Watershed Habitat Conservation Plan, the Implementation Agreement, the Related Agreements, or the Incidental Take Permit shall in any way affect or limit, or be deemed an adjudication of any Indian right reserved by Treaty, Executive Order or Statute.

More Definitions of Incidental take

Incidental take means the taking of a marine mammal:

Incidental take is defined by the ESA as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing such take of endangered and threatened/candidate species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.

Incidental take means Take that results from, but is not the purpose of, carrying out an otherwise lawful activity.

Incidental take. ’ means any taking

Incidental take means take that is incidental to, but not the purpose of, a regulated

Incidental take. The term "take" means to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, any threatened or endangered species, or to attempt to do the same. 16 U.S.C. § 1532(19). An "incidental take" refers to a taking that results from, but is not the purpose of, carrying out an otherwise lawful activity. 50 C.F.R. § 402.02. To determine whether or not federally threatened or endangered species may be present, an ‘official species list’ may be obtained from the USFWS.

Incidental take is defined under section 17.3 of the Endangered Species Act 50 CFR CH. 1 (10-1-95 Edition), as “any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity”. Farming, land clearing, and land development are examples of activities that could result in the “incidental take” of an endangered species. Under this Safe Harbor Program, these activities would no longer be a concern. Intentional shooting or collecting is not, however, permitted. Entering into The Peregrine Fund’s Safe Harbor Cooperative Agreement for the Northern Aplomado Falcon is subject to the following conditions: