Listing of Species that are not Covered Species Clause Samples
Listing of Species that are not Covered Species. In the event that a non-Covered Species that may be affected by Covered Activities becomes listed under FESA or CESA, the Implementing Entity will initiate responsive actions or measures to avoid Take of, jeopardy to, or adverse modification of critical habitat developed in consultation with the Wildlife Agencies until the respective Permit is amended to include such species, or until the Wildlife Agencies notify the Implementing Entity that such measures are no longer needed to avoid take of, jeopardy to, or adverse modification of the critical habitat of the non-Covered Species.
Listing of Species that are not Covered Species. In the event that a non-covered species that may be affected by the Covered Activities becomes listed under the ESA, the Permittees will not have incidental take authority with respect to such newly-listed species. The Permittees will seek technical assistance from USFWS and implement “no-take/no-jeopardy” measures identified by the USFWS until the permits are amended to include such species, or until the USFWS notifies the Permittees that such measures are no longer needed to avoid jeopardy to, take of, or adverse modification of the critical habitat of, the non-covered species.
Listing of Species that are not Covered Species. In the event that a non-covered species that may be affected by covered activities becomes listed under the ESA, or critical habitat is designated for such species within the Permit Area, MAPPOA, including third parties under its direct control, MAPPOA Landowners, all Urban Development Permittees, covered Rice Farmers and NBC will implement the “no-take/no-jeopardy” measures identified by USFWS until the Permit is amended to include such species, or until USFWS notifies MAPPOA and NBC that such measures are no longer needed to avoid jeopardy to, or take of, or adverse modification of the critical habitat of, the non-covered species.