Incidental taking definition

Incidental taking. ’ means catching, taking, or harvesting a species or stock of fish while conducting directed fishing for another species or stock of fish.
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Incidental taking means the taking of a species that is incidental to and not the purpose of an otherwise lawful activity;
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Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the
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Examples of Incidental taking in a sentence

  • Incidental taking of NEC by snowshoe hare hunters is not believed to be a significant risk, because the pelage of the snowshoe hare is white during the legalseason (winter) and the pelage of the NEC is brown, letting hunters tell the two apart and avoid accidentally taking NEC.

  • Incidental taking which happens in the course of otherwise lawful activity does not need a permit but must be reasonably avoided - for example, developers should employ koala spotters and catchers when clearing trees for approved development.Within eastern South East QueenslandIn SEQ, koalas are listed under nature conservation laws as vulnerable, protecting individual koalas from unlawful taking (see preceding paragraph).

  • Incidental taking of listed species shall be prohibited unless FFWCC determines thata particular group of animals on the site can not benefit from either on-site preservation or relocation.

  • Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity (50 CFR §17.3).

  • Incidental taking which occurs as a result of failure to implement avoidance and minimization measures or through negligence may be subject to investigation and action by the Service’s Office of Law Enforcement, in accordance with Section 9 of the ESA and section 102 of the MMPA.

  • Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity (50 CFR 17.3).

  • Incidental taking of listed species that is in compliance with the terms and conditions of this statement is exempted from the prohibitions against taking under the ESA.

  • Incidental taking permits, also known as Section 10 permits, are required when non-Federal activities will result in the incidental taking of listed species.

  • Incidental taking in activities other than fishing is managed according to whether the level of takes would have a negligible impact on the affected stock(s) and whether only small numbers of marine mammals would be taken.4 If the statutory requirements are met, and applicable monitoring and mitigation requirements are sufficient to ensure that the activities will have no more than a negligible impact, such authorizations should not be considered high-priority marine mammal conservation issues.


More Definitions of Incidental taking

Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
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Incidental taking means any taking prohibited by section 9 of the Act or by regulation promulgated pursuant to section 4(d) of the Act, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.
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Incidental taking means “an accidental taking. This does not mean that the taking is unexpected, but rather it includes those takings that are infrequent, unavoidable, or accidental.” (50 C.F.R. §216.103). NMFS Office of Protected Resources (OPR) has received a request for Incidental Take Regulations (ITR) and associated Letter of Authorization (LOA) from Atlantic Shores Offshore Wind, LLC, a joint venture between EDF-RE Offshore Development LLC and Shell New Energies US LLC for the incidental take of small numbers of marine mammals during the construction of the Atlantic Shores South project.5 The requested ITR would govern the authorization of take, by both Level A and Level B harassment6, of “small numbers” of marine mammals over a 5-year period incidental to construction-related pile driving activities (impact and vibratory), and high-resolution geophysical (HRG) site characterization surveys. A final ITR would allow for the issuance of a LOA to Atlantic Shores for a 5-year period; the issuance of two LOAs (one for Project 1 and one for Project 2) is proposed. NMFS OPR’s issuance of an ITR and LOAs is included as an element of the proposed action in this opinion.
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Incidental taking. ’ means catching, taking, or har- vesting a species or stock of fish while conducting directed fish- ing for another species or stock of fish.
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Related to Incidental taking

  • Total Taking means the Taking of the fee title to all the Premises and the Improvements on the Premises, which shall be considered to include any offsite improvements effected by Tenant to serve the Premises or the improvements or the parking on the Premises.

  • Substantial Taking means a Taking of at least 15% of the Land or Improvements which, in Lessee’s and Lessor’s reasonable judgment, will materially and adversely interfere with any development or use of the Premises that Lessee is then conducting or intends in good faith to conduct in the future.

  • Material Taking shall have the meaning set forth in Section 6.4.

  • Partial Taking means the taking of only a portion of the Premises which does not constitute a Total Taking; (4) "Date of Taking" means the date upon which the title to the Premises, or a portion thereof, passes to and vests in the condemnor or the effective date of any order for possession if issued prior to the date title vests in the condemnor; and (5) "Award" means the amount of any award made, consideration paid, or damages ordered as a result of a Taking.

  • Supplemental Transfer Date For any Supplemental Transfer Agreement, the date the related Supplemental Mortgage Loans are transferred to the Trust Fund pursuant to the related Supplemental Transfer Agreement.

  • Accidental Death means death due to accident, where accident is a sudden, unforeseen and involuntary event caused by external and visible means

  • Incidental costs means expenses specified in a warranty incurred by a warranty holder and related to the failure of a vehicle protection product to perform as provided in the warranty. Incidental costs may include, but are not limited to, insurance policy deductibles, rental vehicle charges, the difference between the actual value of a stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.

  • Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities or services available on the premises (e.g., a credit card sign or a sign indicating hours of business).

  • Condemnation Event means any act of taking by a public or quasi-public authority through condemnation, reverse condemnation or eminent domain.

  • Fundamental Transaction means that (i) the Company shall, directly or indirectly, in one or more related transactions, (1) consolidate or merge with or into (whether or not the Company is the surviving corporation) another Person, with the result that the holders of the Company’s capital stock immediately prior to such consolidation or merger together beneficially own less than 50% of the outstanding voting power of the surviving or resulting corporation, or (2) sell, lease, license, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company to another Person, or (3) take action to facilitate a purchase, tender or exchange offer by another Person that is accepted by the holders of more than 50% of the outstanding shares of Common Stock (excluding any shares of Common Stock held by the Person or Persons making or party to, or associated or affiliated with the Persons making or party to, such purchase, tender or exchange offer), or (4) consummate a stock or share purchase agreement or other business combination (including, without limitation, a reorganization, recapitalization, spin-off or scheme of arrangement) with another Person whereby such other Person acquires more than 50% of the outstanding shares of Common Stock (not including any shares of Common Stock held by the other Person or other Persons making or party to, or associated or affiliated with the other Persons making or party to, such stock or share purchase agreement or other business combination), or (5) reorganize, recapitalize or reclassify its Common Stock, or (ii) any “person” or “group” (as these terms are used for purposes of Sections 13(d) and 14(d) of the Exchange Act) is or shall become the “beneficial owner” (as defined in Rule 13d-3 under the Exchange Act), directly or indirectly, of 50% of the aggregate ordinary voting power represented by issued and outstanding Common Stock.

  • Incidental Expenses means those expenses incidental to the performance of construction pursuant to an Interconnection Construction Service Agreement, including, but not limited to, the expense of temporary construction power, telecommunications charges, Interconnected Transmission Owner expenses associated with, but not limited to, document preparation, design review, installation, monitoring, and construction-related operations and maintenance for the Customer Facility and for the Interconnection Facilities.

  • Ownership Change Event means the occurrence of any of the following with respect to the Company: (i) the direct or indirect sale or exchange in a single or series of related transactions by the stockholders of the Company of securities of the Company representing more than fifty percent (50%) of the total combined voting power of the Company’s then outstanding securities entitled to vote generally in the election of Directors; (ii) a merger or consolidation in which the Company is a party; or (iii) the sale, exchange, or transfer of all or substantially all of the assets of the Company (other than a sale, exchange or transfer to one or more subsidiaries of the Company).

  • Incidental item(s) means goods and/or services that may be purchased or sold through this Website to be supplied and/or provided by the Seller to You, as specified on Our Website.

  • Accidental release means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.

  • Total Transfer Capability or “TTC” shall mean the amount of electric power that can be moved or transferred reliably from one area to another area of the interconnected Transmission Systems by way of all transmission lines (or paths) between those areas under specified system conditions.

  • Date of Taking means the date the Condemnor has the right to possession of the property being condemned.

  • Terminating Event means any of the following events:

  • Delay Event means: (i) a tsunami, flood, cyclone, earthquake, bushfire or other act of nature; (ii) riot, civil commotion, war, invasion or a terrorist act; (iii) an imminent threat of an event in paragraphs (i) or (ii); or (iv) compliance with any lawful direction or order by a Government Agency;

  • Change Event means any merger, de-merger, amalgamation, consolidation, reorganization, joint operation or service arrangement, corporate restructuring or any other business arrangement involving the DTH Operator or any change of control or change in the management or acquisition of majority stake or controlling stake of the DTH Operator or acquisition by the DTH Operator of a majority stake or a controlling stake in any other entity or selling the whole or a substantial portion of the DTH Operator’s assets and/ or purchasing the whole or a substantial portion of the assets of another entity.

  • Delaying Event means any failure of a Party to perform any of its obligations set forth in this Agreement, caused in whole or in part by: 2.63.1 the failure of the other Party to perform any of its obligations set forth in this Agreement, including but not limited to a Party’s failure to provide the other Party with accurate and complete Service Orders; 2.63.2 any delay, act or failure to act by the other Party or its End User, agent or subcontractor; or 2.63.3 any Force Majeure Event.

  • Insurance and Condemnation Event means the receipt by the Borrower or any of its Subsidiaries of any cash insurance proceeds or condemnation award payable by reason of theft, loss, physical destruction or damage, taking or similar event with respect to any of their respective property or assets.

  • Condemnor means any public or quasi-public authority, or private corporation or individual, having the power of Condemnation.

  • Replacement Airframe means an Airbus A321 aircraft or a comparable or improved model of Manufacturer (except (a) Engines or engines from time to time installed thereon and any and all Parts related to such Engine or engines and (b) Excluded Equipment), that shall have been made subject to the Lien of the Indenture pursuant to Section 7.05 thereof, together with all Parts relating to such aircraft.

  • Constitutional taking means a governmental action that results in a taking of

  • Terminating Capital Transaction means any sale or other disposition of all or substantially all of the assets of the Partnership or a related series of transactions that, taken together, result in the sale or other disposition of all or substantially all of the assets of the Partnership.

  • designated sporting event generally means any association football match, whether national or international. The full legal definition of the different classes of designated sporting events may be found in the Sports Grounds and Sporting Events (Designation) (Amendment) Order 2011, under Article 2(1) and 2(2) of Schedule 2.