Critical Habitat Designations in the Plan Sample Clauses

Critical Habitat Designations in the Plan. Area Provided that the Permittees have complied with their obligations under this Agreement, the HCP/NCCP and the Federal Permit, USFWS agrees that, to the maximum extent allowable after public review and comment, lands within the “Inventory Area” described in the HCP/NCCP will not be designated as critical habitat for any Covered Species that is federally listed, including but not limited to California red-legged frog, California tiger salamander and Alameda whip snake. Subject to available funding, USFWS agrees, unless otherwise required by law after public review and comment, to reassess and revise the boundaries of any existing designated critical habitat of Covered Species to exclude the HCP/NCCP Inventory Area, including but not limited to critical habitat designated for vernal pool fairy shrimp, longhorn fairy shrimp, and Contra Costa goldfields. This Section 15.2.3 shall not apply to lands within the city limits of the City of Antioch or within the “action area” used for purposes of any consultation pursuant to Section 7 of FESA regarding any proposed expansion of Los Vaqueros Reservoir.
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Critical Habitat Designations in the Plan. Area Portions of the Plan Area are designated Critical Habitat, or have been proposed as Critical Habitat for San Diego thornmint, thread-leaved brodiaea, willowy monardella, Otay tarplant, spreading navarretia, San Diego fairy shrimp, Riverside fairy shrimp, Quino checkerspot, southwestern willow flycatcher, least Xxxx’x vireo, San Diego ambrosia, southwestern xxxxxx toad and California gnatcatcher. The USFWS acknowledges that the Permit and NCCP/HCP incorporate special management requirements to protect habitat features on the Covered Lands essential for these species. Based on information available to USFWS, the USFWS believes that the NCCP/HCP incorporates special management considerations and protections for each of the Covered Species and their essential habitat within the Covered Lands necessary to provide for the conservation of the species and their habitats within the Covered Lands to the extent such species and habitat may be affected by the Covered Activities. Pursuant to the “No Surprises” rule, no measures, to the extent proscribed or restricted in the rule, in addition to those provided under this Agreement, the NCCP/HCP or the Permits, shall be required of the Water Authority in a future ESA section 7 consultation evaluating the impacts of a Covered Activity on the designated Critical Habitat of a Covered Species unless required by law.
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Related to Critical Habitat Designations in the Plan

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