Inadequacy of Existing Regulatory Mechanisms Sample Clauses

Inadequacy of Existing Regulatory Mechanisms. Impacts:  Lack of rangewide protection  Loss of plants/ habitat under Federal ownership  Loss of plants/habitat under private ownership  Habitat loss and fragmentation Conservation Actions:  The BLM will ensure that ongoing and future Federal actions support or do not preclude the species conservation. To that end, the BLM shall involve USFWS at their discretion and the appropriate State agencies in National Environmental Policy Act (NEPA) Comment [GG10]: In CO we ask for 300 meter surveys. This helps minimize fragmentation and effects to the species. It also provides more flexibility for project design. Comment [GG11]: What about inside the conservation areas? analysis as cooperators or partners for all projects likely to affect the species and its habitat. All projects located in designated conservation areas and their potential to impact the species will be reported in the Conservation Team annual report to the USFWS.  The BLM will retain Xxxxxx’x and White River Beardtongues on the BLM Special Status Species list to ensure that the effects of proposed projects are analyzed for the species.  If federal land is transferred to the state of Utah, the state agrees to maintain the designated conservation areas and protections for the two species in the transferred parcels.  The BLM will incorporate the provisions of this CCA or the latest amendments to this CCA into its Resource Management Plan, permitting requirements, agency planning documents and budgets. Within 3 months BLM will incorporate the provisions of this plan into permits and budgets. Within 1 year BLM will incorporate the provisions of this agreement into their RMP and/or place designated conservation areas into an ACEC.  The Conservation Team will provide an annual report on the implementation of this agreement to USFWS and the conservation team. The report will also include monitoring results and adaptive management recommendations.  All designated conservation areas on non-federal lands will be placed into a conservation easement, and/or will be subject to county ordinance regulations or similar legal protection as approved by USFWS within 3 months of signing this CCA.  Conservation areas on private land will only be designated for conservation with landowner agreement as a signatory to this agreement.  Uintah County will enact an ordinance with associated enforcement protocols and penalties that protect designated conservation areas from surface disturbance or other adverse impa...
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Inadequacy of Existing Regulatory Mechanisms. Lack of range-wide protection See conservation actions 1–7.
Inadequacy of Existing Regulatory Mechanisms. ‌ The PYTH is protected by Arizona Game and Fish Commission Order 42 for Crustaceans and Mollusks, which establishes a closed season for the species. This rule prohibits collection and harvest, but does not protect against habitat modification like fire or unmanaged grazing. The PYTH is identified as a Species of Greatest Conservation Need (tier 1a) in the Arizona State Wildlife Action Plan prepared by the AGFD. This plan helps guide the AGFD and other agencies in determining what biotic resources should receive priority management consideration. However, conservation benefits would mostly come from proactive initiatives because this plan has no legal regulatory authority. The species is afforded some regulatory protection by occurring with or near other federally listed species, such as the Huachuca water xxxxx (Lilaeopsis schaffneriana ssp. recurva) in Garden Canyon. Federal actions affecting listed species require consultation under section 7 of the ESA and potentially provide benefits to the PYTH. In 2010, the U.S. Army revised the Fort Huachuca (the Fort) INRMP that provides a description of land use, military training operations, and identifies the fort’s ecosystem and adaptive management approach to the conservation of wildlife and their habitat on the fort (Vernadero 2010). The Fort’s INRMP provides for inventory of remote springs, monitoring of known occupied sites as needed, general protection of springs, and development of a conservation agreement, (Vernadero 2010). To date, the Fort has hosted multiple AGFD springsnail workshops, managed potential disturbance around spring habitat, monitored occupied sites, invasive crayfish management in Garden and Blacktail canyons, and supported AGFD inventory and genetic analysis (Xxxxxxxxxx and Xxxxxxxx 2012; Xxxxxxxxxx and Diamond 2015). As discussed above, the primary threat to PYTH on the Fort is fire and potential drying as a result of climate change. The Fort’s INRMP contains several goals and objectives related to fire management. These include the collection of fire history data, fire mapping, fuel hazard reduction, and prescribed fire to reduce the risk of stand-replacing fire (Vernadero 2010). To date, actions implemented near springsnail habitats are: 1) silt fencing along Garden Canyon, between the road shoulder and creek banks; 2) thinning of shrubs and small trees along the road through Garden Canyon up to the junction with Sawmill Canyon (~6,200 ft [1890 m] elevation) to slow the spread, and ...
Inadequacy of Existing Regulatory Mechanisms. Currently, the southern Idaho ground squirrel is not protected by federal or local laws. The IDF&G classified the southern Idaho ground squirrel as a “Species of Special Concern” in 1981. Because of this status, the species is protected by State law from taking (shooting, trapping, poisoning) or possession. To date, however, protection from recreational shooting or poisoning has not been enforced by the State, and the southern Idaho ground squirrel remains vulnerable to this type of activity. The state and federal agencies are aware of the apparent population decline of the southern Idaho ground squirrel. However, there is no requirement for an agency to cooperate with the FWS in conserving unlisted or candidate species. Only species that are proposed for listing are covered by the conference procedures of Section 7(a)(4) of the ESA. Other Natural or Manmade Factors Affecting the Species Continued Existence. Ground squirrels are considered pests by many farmers and ranchers (Prescott and Yensen 1999). When available, alfalfa crops are one of the preferred food sources for southern Idaho ground squirrels, resulting in localized crop losses during years of high squirrel populations (Prescott and Yensen 1999). Badgers are often attracted to population sites of ground squirrels, where they dig large holes in the ground that can be dangerous to livestock (Prescott and Yensen 1999). Efforts to control ground squirrel populations are frequently undertaken regardless of species and most often include shooting or poisoning. Control efforts can adversely affect population sites of southern Idaho ground squirrels (Yensen 1998, Prescott and Yensen 1999, Yensen 2000). In addition, Yensen (1998) suggested that use of pesticides associated with crop production and insect infestation may also play a role in the decline of this species. Competition with Columbian ground squirrels may constitute a threat to the continued existence of southern Idaho ground squirrels. Southern Idaho ground squirrels are known to be limited by interspecific competition with Columbian ground squirrels (Xxxxx et al. 1995, Yensen and Xxxxxxx 1997, Xxxx 2000), including competition for xxxxxx sites (Xxxx 2000) and for food resources (Xxxx and Yensen 1996). Where the two species occur sympatrically, Columbian ground squirrels occupy the more productive, mesic habitat with deeper soils (Yensen 1980, Xxxx and Yensen 1996, Xxxx 2000). Habitat destruction and fragmentation have resulted in a distributi...
Inadequacy of Existing Regulatory Mechanisms. ‌ As described under Factor 2, Overutilization for Commercial, Recreational, Scientific, or Educational Purposes, Nevada currently limits the collection, study, or use of relict leopard frogs to those with a scientific collecting permit, and prohibits the personal collection or possession of relict leopard frog for hobby possession of amphibians, as well as the commercial collection or possession of relict leopard frog for the amphibian and reptile pet trade. Nevada also prohibits the importation, transportation, and possession of certain species of nonnative wildlife. However, regulations have not entirely prevented the introduction and spread of nonnative aquatic species that negatively affect relict leopard frog and its habitat. Because the primary goal of this Agreement is to protect, enhance, and expand suitable habitat for the relict leopard frog and to establish additional secure populations on non-Federal lands within its historic range, and Nevada currently has regulations in place to control the collection of relict leopard frogs and spread of nonnative wildlife, this threat factor does not apply to the relict leopard frog on properties enrolled under this Agreement. Control of nonnative wildlife will be implemented as a conservation measure at specific sites on enrolled lands where feasible, to address threats under Factor 3.

Related to Inadequacy of Existing Regulatory Mechanisms

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  • Product Changes Vocera shall have the right, in its absolute discretion, without liability to End User, to update to provide new functionality or otherwise change the design of any Product or to discontinue the manufacture or sale of any Product. Vocera shall notify End User at least 90 days prior to the delivery of any Product which incorporates a change that adversely affects form, fit or function (“Material Change”). Vocera shall also notify End User at least 90 days prior to the discontinuance of manufacture of any Product. Notification will be made as soon as reasonably practical for changes associated with regulatory or health and safety issues.

  • Reformulation of Products As of the Effective Date, and continuing thereafter, Products that Xxxxx directly manufactures, imports, distributes, sells, or offers for sale in California shall either: (a) be Reformulated Products pursuant to § 2.2, below; or (b) be labeled with a clear and reasonable exposure warning pursuant to §§ 2.3 and 2.4, below. For purposes of this Settlement Agreement, a “Reformulated Product” is a Product that is in compliance with the standard set forth in § 2.2, below. The warning requirement set forth in §§ 2.3 and 2.4 shall not apply to any Reformulated Product.

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  • FINANCIAL IMPLICATIONS There are no budget implications. The applicant will be responsible for all costs, expenses, liabilities and obligations imposed under or incurred in order to satisfy the terms of this proposed development agreement. The administration of the proposed development agreement can be carried out within the approved 2019- 2020 budget and with existing resources.

  • Regulatory Matters The parties will negotiate in good faith to resolve regulatory criticisms or concerns expressed by the Office of the Comptroller of the Currency or other U.S. federal or state banking Regulators that can reasonably be addressed through a modification of the Agreement or adoption of mutually agreeable policies or procedures to prevent or resolve a Material Default described by clause (iii) of such definition, subject to applicable legal requirements including restrictions on disclosing confidential supervisory information.

  • Regulatory Changes If any legislative, regulatory, judicial or other legal action (other than an Amendment to the Act, which is provided for in Section 29.3) materially affects the ability of a Party to perform any material obligation under this Agreement, a Party may, on thirty (30) days written notice to the other Party (delivered not later than thirty (30) days following the date on which such action has become legally binding), require that the affected provision(s) be renegotiated, and the Parties shall renegotiate in good faith such mutually acceptable new provision(s) as may be required; provided that such affected provisions shall not affect the validity of the remainder of this Agreement.

  • Regulatory Event New Taxes If, after the Effective Date, a Regulatory Event occurs or New Taxes are imposed, and such event or taxes have a direct, material and adverse effect on the economic benefits to a Party of this ESA, the affected Party shall send written notice to the other Party, setting forth the Regulatory Event or New Taxes and reasonably demonstrating the effect of the same on the affected Party. Upon delivery of such notice, the Parties shall use reasonable efforts to negotiate an amendment to this ESA to mitigate such effect. Alternatively, if as a direct result of such a Regulatory Event or New Taxes, the Competitive Supplier incurs additional, material costs, the Competitive Supplier shall provide a written notice to the Town that documents: a) the effective date of the Regulatory Event or New Taxes; b) a detailed explanation and reasonable demonstration of the material costs incurred as a result of the Regulatory Event or New Taxes; c) the timing of the cost impact to be incurred by the Competitive Supplier; d) the proposed price increase per kWh to be passed on to Participating Consumers; and e) a proposed plan for coordinating with the Local Distributor for an increase in the price per kWh that is billed by the Local Distributor, designed to reimburse the Competitive Supplier for such cost impact. If the Town and the Competitive supplier cannot agree on the amendment to this ESA or reimbursement contemplated by this section, the matter may be subject to dispute resolution in accordance with section 12.2. In no event shall a price change become effective without providing Participating Consumers with a 30-day advance notice of the price change.

  • Governing Law, Regulatory Authority, and Rules The validity, interpretation and enforcement of this Agreement and each of its provisions shall be governed by the laws of the state of New York, without regard to its conflicts of law principles. This Agreement is subject to all Applicable Laws and Regulations. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders, or regulations of a Governmental Authority.

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