Regulatory Assurances. M&I and Customer acknowledge and agree that the performance of these Services will be subject to regulation and examination by Customer's regulatory agencies to the same extent as if such Services were being performed by Customer. Upon request, M&I agrees to provide any appropriate assurances to such agency and agrees to subject itself to any required examination or regulation. Customer agrees to reimburse M&I for reasonable costs actually incurred due to any such examination or regulation that is performed solely for the purpose of examining data processing services used by Customer.
Regulatory Assurances. Metavante and Customer acknowledge and agree that the performance of these Services will be subject to regulation and examination by Customer’s regulatory agencies to the same extent as if such Services were being performed by Customer. Upon request, Metavante agrees to provide any appropriate assurances to such agency and agrees to subject itself to any required examination or regulation. Customer agrees to reimburse Metavante for reasonable costs actually incurred due to any such examination or regulation that is performed primarily for the purpose of examining Services used by Customer.
Regulatory Assurances. Upon execution of the Agreement and this Site Plan Agreement and the satisfaction of all other applicable legal requirements, NMFS will issue a permit under Section 10(a)(1)(A) of the ESA to assure the Permittee may incidentally take Covered Species, in accordance with the Site Plan Agreement and Agreement, as a result of implementing the Covered Activities described in this Site Plan Agreement, and except where such activities would result in the diminishment or non-achievement of the Baseline and/or Elevated Baseline Conditions established for the Enrolled Property. This assurance depends on the Permittee maintaining the Baseline Conditions and/or achieving the Elevated Baseline Conditions set forth in the Site Plan Agreement, complying fully with the Agreement and the Site Plan Agreement, and so long as the continuation of Covered Activities would not be likely to result in jeopardy to Covered Species or the adverse modification or destruction of their designated critical habitat. NMFS provides no assurances with regard to any action that may affect species not covered under the Agreement, including the take of non-covered species and the adverse modification or destruction of their designated critical habitat.
Regulatory Assurances. 9.1. Non-Federal Parties who seek regulatory assurances under the KBRA and/or this Agreement (described in this Agreement as Regulatory Assurances) may qualify for coverage under an incidental take permit using General Conservation Plans (GCP) or Habitat Conservation Plans (HCP) under Section 10(a)(1)(B) of the Endangered Species Act (ESA).
Regulatory Assurances. The assurances listed below apply to the Permit holder and are conveyed to enrolled Participants by a CI where the conservation measures specified in the Cooperative Agreement are being properly implemented as described. The assurances apply only with respect to species covered by the CCAA. Upon issuance of the Permit, the USFWS provides TPWD with the assurances that no additional conservation activities or additional land, water, or resource use restrictions for the covered species, beyond those voluntarily agreed to and described in section 6.0 Conservation Measures of this CCAA and in the associated Cooperative Agreement, will be required on enrolled properties throughout the 10-year life of the agreement, regardless of listing status of the covered species. These assurances, through the approval of the CCAA and issuance of the Permit, are transferred to Participants through a valid CI. These assurances will be authorized with the issuance of an Enhancement of Survival Permit under section 10(a)(1)(A) of the ESA.
Regulatory Assurances. The following assurances are provided to the Cooperator: If additional management activities are necessary to respond to unforeseen circumstances, the FWS may require additional measures from the Cooperator only if such measures are limited to modifications within a Cooperator’s XXXX for the Covered Species, and only if those measures maintain the original terms of this XXXX and the Certificate to the maximum extent possible. Any such additional management activities will not involve the commitment of additional land, water, or financial resources, or additional restrictions on the use of land, water, or other natural resources available without the consent of the Cooperator. The FWS will have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the Covered Species. The FWS will consider, but not be limited to, the following factors: Size of the current range of the affected species; Percentage of range adversely affected; Percentage of range conserved; Ecological significance of that portion of the range affected; Level of knowledge about the affected species and the degree of specificity of the species’ conservation program; and Whether failure to adopt additional management activities would appreciably reduce the likelihood of survival and recovery of the affected species in the wild. These assurances allow the Cooperator to alter or modify the Enrolled Property even if such alteration or modification results in incidental take of the Covered Species and their habitats to such an extent that the Enrolled Property is returned to the baseline conditions described in Section 4.1, above. The Cooperator may rely on these assurances only if the Cooperator is in full compliance with and properly implementing the XXXX.
Regulatory Assurances. The Wildlife Agencies acknowledge that the Permittees have agreed to take on the substantial responsibility of developing and implementing the HCP/NCCP in large part to obtain regulatory assurances, as provided in FESA and the NCCPA and further described in this Section and Chapter 10.
Regulatory Assurances. The Service will provide assurances and incidental take authorization to the NCWRC via the section 10(a)(1)(a) Permit issued in association with this Agreement. Upon enrolling a Cooperator under this Agreement, the NCWRC will, in turn, extend its take authorization and assurances to the Cooperator via the XXXX and COI. The assurances provide that, as long as a XXXX is properly implemented, no additional conservation measures or additional land, water, or resource use restrictions will be required of the Cooperator, including, but not limited to, when a non-federally listed Covered Species is listed as “endangered” or “threatened” under the ESA in the future. Given that Covered Species included in CCAA POMAs are not federally-listed species, the incidental take authorization granted to a Cooperator via its COI will become effective as to a Covered Species on the effective date of the Service’s final rule listing such species.
Regulatory Assurances. Upon execution of the Agreement and this Site Plan Agreement and the satisfaction of all other applicable legal requirements, NMFS will issue a ESP under Section 10(a)(1)(A) of the ESA to assure the Permittee may incidentally take Covered Species, in accordance with the Site Plan Agreement and Agreement, as a result of implementing the Covered Activities described in this Site Plan Agreement, and except where such activities would result in the diminishment or non-achievement of the Baseline and/or Elevated Baseline Conditions DocuSign Envelope ID: XXX00000-0000-0X0X-X0X0-00000X0X00XX XXXXXXXXXXX XXX XXX (XXXXXXX 0XXXXXXx. 7KLV DVVuUDQFH GHSHQGV RQ WKH 3HUPLWWHH PDLQWDLQLQJ WKH %DVHOLQH &RQGLWLRQV DQG/RU DFKLHYLQJ WKH (OHYDWHG %DVHOLQH &RQGLWLRQV VHW IRUWK LQ WKH 6LWH 3ODQ AJUHHPHQW, FRPSOyLQJ IuOOy wLWK WKH AJUHHPHQW DQG WKH 6LWH 3ODQ AJUHHPHQW, DQG VR ORQJ DV WKH FRQWLQuDWLRQ RI &RYHUHG AFWLYLWLHV wRuOG QRW EH OLNHOy WR UHVuOW LQ MHRSDUGy WR &RYHUHG 6SHFLHV RU WKH DGYHUVH PRGLILFDWLRQ RU GHVWUuFWLRQ RI WKHLU GHVLJQDWHG FULWLFDO KDELWDW. 10)6 SURYLGHV QR DVVuUDQFHV wLWK UHJDUG WR DQy DFWLRQ WKDW PDy DIIHFW VSHFLHV QRW FRYHUHG uQGHU WKH AJUHHPHQW, LQFOuGLQJ WKH WDNH RI QRQ-&RYHUHG 6SHFLHV DQG WKH DGYHUVH PRGLILFDWLRQ RU GHVWUuFWLRQ RI WKHLU GHVLJQDWHG FULWLFDO KDELWDW. 12AA’s 1DWLRQDO 0DULQH )LshHULHs 6HUvLFH: February 26, 2021 %DUUy A. 7KRP DDWH 5HJLRQDO AGPLQLVWUDWRU 12AA’V 1DWLRQDO 0DULQH )LVKHULHV 6HUYLFH :HVW &RDVW 5HJLRQ 3HUPLWWHH: Big Springs Ranch Wildlife Area 2/25/2021 DDWH Appendix A Legal Description Appendix B Busk Stipulated Judgement Appendix C List of Existing Assessments and Studies Appendix D Riparian Grazing Management Plan Big Springs Ranch Wildlife Area Draft Prescribed Riparian Grazing Management Recommendation (January 11, 2016) Prepared by: Xxxxxxx X. Xxxx, Professor and UCCE Rangeland Watershed Specialist, UC Davis California Certified Rangeland Manager #79; CA Department of Forestry and Fire Protection Certified Rangeland Professional #00-104; Society for Range Management Xxxxxxx Xxxxxxxx Rivers, Livestock and Natural Resources Advisor, Siskiyou County, UCCE Riparian Areas on the Ranch Approximately 8 miles of the Shasta and 1.5 miles of Big Springs Creek run through The Nature Conservancy’s (TNC’s) Shasta Big Springs Ranch. There are three riparian reaches, two that incorporate the Shasta River, the Upper Shasta reach (which includes Little Springs reach) and the Lower Shasta reach, and one on Big Springs Creek (Figure 1). Each o...
Regulatory Assurances. 20. Overview of Regulatory Assurances for Fisheries and Water Resources Programs. 106 20.1. Consequences of Reintroduction. 106 20.1.1. Recitals. 106 A. Consequences on Land and Water Users. 106 B. Interests of Land and Water Users. 107
