NMFS Findings Clause Samples
NMFS Findings. For each Covered Species within the jurisdiction of NMFS which is a Federal Listed Species, NMFS finds that the HCP has satisfied the permit issuance criteria under Section 10(a)(2)(B) of FESA in that:
(i) the Taking of the Covered Species will be incidental;
(ii) PALCO will, to the maximum extent practicable, minimize and mitigate the impacts of the Taking;
(iii) PALCO has ensured that adequate funding for the HCP will be provided;
(iv) the Taking of the Covered Species will not appreciably reduce the likelihood of the survival and recovery of the Covered Species in the wild;
(v) the other measures required by NMFS as being necessary or appropriate for purposes of the HCP will be met; and
(vi) NMFS has received such other assurances as NMFS required that the HCP will be implemented. For each Covered Species which is not a Federal Listed Species, NMFS finds that the HCP has satisfied the permit issuance criteria under Section 10(a)(2)(B) of the FESA that would otherwise apply if such Covered Species were a Federal Listed Species.
NMFS Findings. As further described in the findings issued by the NMFS, the NMFS has found that the HCP/NCCP satisfies the permit issuance criteria under Section 10(a)(2)(B) of ESA for each Covered Species that is a Federal Listed Species within the jurisdiction of the NMFS. For each Covered Species that is not a Federal Listed Species as of the Effective Date, NMFS has found that the HCP/NCCP satisfies the permit issuance criteria under section 10(a)(2)(B) of the ESA that would otherwise apply if such Covered Species were a Federal Listed Species.