Long-Term Assurances. Except as otherwise provided in this subsection or required by law, CDFG shall not require any Permittee or Third Party Participant to provide, without its consent, additional land, water or financial compensation, or additional restrictions on the use of land, water, or other natural resources, for the purpose of conserving Covered Species with respect to Covered Activities, even in the event of Unforeseen Circumstances, provided the Permittees are properly implementing this Agreement, the HCP/NCCP and the terms and conditions of the State Permit. The provisions of this Agreement and the HCP/NCCP that address adaptive management and Changed Circumstances, including changes to the legal status of Fully Protected Species and non-Covered Species, are not Unforeseen Circumstances and therefore are not subject to these assurances. However, CDFG acknowledges that such adaptive management and Changed Circumstances provisions are not intended to require modifications to the HCP/NCCP’s mitigation program that would require additional funding or to impose significant additional burdens on Permittees or Third Party Participants.
Long-Term Assurances. In the event of Unforeseen Circumstances and provided the Water Authority is implementing the terms and conditions of the NCCP/HCP, this Agreement, and the Permits, CDFG shall not require the Water Authority to provide additional land, water, or other natural resources, or financial compensation, or additional restrictions on the use of land, water or other natural resources without the consent of the Water Authority, unless CDFG determines that without such additional measures existence of a Covered Species would be jeopardized, which would warrant revocation or suspension of the State Permit. The provisions of this Agreement and the NCCP/HCP that address adaptive management and Changed Circumstances, including changes to the legal status of Fully Protected Species and non-Covered Species, are not Unforeseen Circumstances and therefore are not subject to these assurances. However, CDFG acknowledges that such adaptive management and Changed Circumstances provisions are not intended to require modifications to the NCCP/HCP’s mitigation program that would require additional funding or to impose significant additional burdens on Water Authority.
