Migratory Bird Treaty Act Sample Clauses

Migratory Bird Treaty Act. The Section 10(a) Permit shall constitute a Special Purpose Permit under 50 Code of Federal Regulations section 21.27, for the Take of Covered Species listed under FESA and which are also listed under the MBTA (16
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Migratory Bird Treaty Act. The spotted owl is protected under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703-711) (MBTA). It is USFWS policy that an ESA Section 10 permit for listed migratory birds is sufficient to relieve the permittee from liability under the MBTA. For the MBTA, this is accomplished by having the Permit double as a Special Purpose Permit authorized under 50 Code of Federal Regulations (CFR) 21.27.
Migratory Bird Treaty Act. (MBTA). The Section 10(a)(1)(B) Permit issued pursuant to this Agreement also constitutes a Special Purpose Permit under 50 C.F.R. Section 21.27 for the "Take" (for purposes of this Section, as that term is understood under the MBTA) of those Covered Species which are listed as threatened or endangered under the ESA and which are also protected by the MBTA. The take of such species in conjunction with any Urban Development Project in accordance with the terms of the MAPHCP, this Agreement, and the Permit, will not be in violation of the MBTA. Such Special Purpose Permit shall be valid for a period of three (3) years from the Effective Date of this Agreement provided that the Section 10(a)(1)(B) Permit remains in effect for that period. Such Special Purpose Permit shall be renewed provided that MAPPOA and MAPPOA Landowners continue to fulfill its obligations under this Agreement. Each such renewal shall be valid for the maximum period of time allowed by 50 C.F.R. Section 21.27 or its successor at the time of renewal.
Migratory Bird Treaty Act. ‌ The Migratory Bird Treaty Act protects migratory birds and their parts (including eggs, nests, feathers). 16 U.S.C. § 703 et seq. The Act is a Federal law that affirms, or implements, the United Statescommitment to four international conventions (with Canada, Japan, Mexico, and Russia) for the protection of a shared migratory bird resource, and makes it illegal to pursue, xxxx, take, capture, kill, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to federal regulations. A list of all migratory bird species subject to the regulations of the Act is listed in 50 C.F.R. § 10.13. The Service has developed and shared general measures that should be employed nationwide with the goal of reducing impacts to birds and their habitats, available online at xxxxx://xxx.xxx.xxx/library/collections/avoiding-and- minimizing-incidental-take-migratory-birds.
Migratory Bird Treaty Act. The Permit shall constitute a Special Purpose Permit under 50 C.F.R. § 21.27, authorizing Take, pursuant to the MBTA, of Covered Species listed under ESA and also under MBTA. The Special Purpose Permit shall be valid for a period of three (3) years from its Effective Date, provided the Permit remains in effect for such period. The Special Purpose Permit shall be renewed without conditions or requirements beyond those set forth in the Tribal HCP, this Agreement, or the Permit provided the Tribe remains in compliance with the terms of this Agreement and the Permit. Each such renewal shall be valid for a period of three years, provided that the Permit remains in effect for such period.
Migratory Bird Treaty Act. The Federal Permit issued in reliance on the NCCP/HCP and this Agreement also constitutes a Special Purpose Permit under 50 C.F.R.
Migratory Bird Treaty Act. The Federal Permit issued by the USFWS shall constitute a Special Purpose Permit under 50 CFR § 21.27 for the incidental Take of all Covered Species identified at 50 CFR § 10.13 which are also listed under the ESA as of the Effective Date (and for the incidental Take of unlisted Covered Species identified at 50 CFR § 10.13, when the Federal Permit becomes effective as to such species as provided in Section 10.3) in the amount and/or number and subject to the terms and conditions specified in the Federal Permit. Any such incidental Take will not be in violation of the Migratory Bird Treaty Act of 1918, as amended (916 U.S.C.A. sections 703-12). The Special Purpose Permit shall be valid for a period of three years from its effective date, provided the Federal Permit remains in effect for such period. The Special Purpose Permit shall be renewed provided that MRC remains in compliance with the terms of the Federal Permit and this Agreement. Each such renewal shall be valid for the maximum period allowable under the applicable regulations at the time of the renewal (which, as of the Effective Date, is three years), provided that the Federal Permit remains in effect for such period. [Include corvid and barred owl special use or depredation permit and appropriate FG code sections here, if applicable.]
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Migratory Bird Treaty Act and Executive Order 13186 The Migratory Bird Treaty Act governs the taking, killing, possession, transportation, City of Xxxxx Detention Basin Project 7 Environmental Assessment and importation of migratory birds, their eggs, parts, and nests. Executive Order 13186 directs executive departments and agencies to take certain actions to further implement the Migratory Bird Treaty Act, such as requiring agencies to take reasonable steps that include restoring and enhancing habitat, incorporating migratory bird conservation into planning processes, promoting research and information exchange, providing training and visitor education, and developing partnerships beyond agency boundaries. The USFWS leads the coordination and implementation of this order. As construction is scheduled to take place in winter, no impacts to active migratory bird nests would occur, although any individual birds in the vicinity of construction activities may be temporarily displaced into adjacent suitable habitat.
Migratory Bird Treaty Act. The Developer shall comply with the Migratory Bird Treaty Act (“MBTA”) at all times. Protection of migratory birds under the MBTA shall be in accordance with the Project Special Provisions to this Schedule 17.
Migratory Bird Treaty Act. The Contractor is notified that the contract is being let during the migratory bird breeding season. The Contractor is notified that the Authority, has consulted with the USFWS and the Texas Parks and Wildlife Department (TPWD) concerning the potential presence of migratory bird species within [or along] the Project during preparation and approval of the Environmental Impact Statement and associated Environmental Documents. As such, all areas of the project must be surveyed by a qualified biologist for migratory birds prior to construction clearing during the period of March through August. The Contractor will be responsible for notifying the construction manager of clearing schedule to allow sufficient time for migratory bird surveys. The Contractor shall be responsible for complying with all aspects of the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712, July 3, 1918, as amended (MBTA), as well as any and all applicable federal regulations, state or local law and state or local regulations concerning migratory birds. The MBTA makes it illegal to take (e.g., kill) or possess any migratory bird, including feathers, parts, nests, or eggs. More specifically, the MBTA prohibits anyone from killing a bird, destroying its active nest or otherwise actively harassing a bird species that would result in death of the bird, egg, or nestling. Activities which are most likely to result in take of migratory birds on highway projects include, but are not limited to, clearing or grubbing of migratory bird nesting habitat during the nesting season when eggs or young are likely to be present, bridge cleaning, painting, demolition, or reconstruction where bird nests are present. The peak of nesting season according to the North American Breeding Bird Survey ranges from May to June. Should the Contractor observe or become aware of migratory birds, their active nests, or young in danger due to construction-related activities, it shall report such information to the Construction Manager. Simultaneously, and as soon as reasonably possible, the Construction Manager shall contact the appropriate Environmental Compliance Team member or Environmental Compliance Manager. The Authority shall coordinate with the USFWS to determine what further action, if any, may be necessary to protect migratory birds. Actions may include delays or work stoppage in areas where the migratory bird is nesting. The Contractor shall anticipate possible delays in construction if areas of work should be res...
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