Section 7 Consultations Clause Samples
Section 7 Consultations. The USFWS will evaluate the direct, indirect, and cumulative effects of the Covered Activities in their internal ESA biological opinion issued in connection with the SSHCP and issuance of the Section 10(a) Permit. As a result, and to the maximum extent allowable, in any consultation under Section 7 of ESA subsequent to the Effective Date involving the Plan Permittee(s) or any entity or individual for which a Development Authorization or Special Participating Entity has been issued with regard to Covered Species and Covered Activities, the USFWS shall ensure that the ESA biological opinion issued in connection with the proposed project that is the subject of the consultation is consistent with the internal ESA biological opinion. Such project must be consistent with the terms and conditions of the SSHCP and this Agreement. Any reasonable and prudent measures included under the terms and conditions of an ESA biological opinion issued subsequent to the Effective Date with regard to the Covered Species and Covered Activities shall, to the maximum extent appropriate, be consistent with the implementation measures of the SSHCP and this Agreement. The USFWS shall not impose measures in excess of those that have been or will be required by the Plan Permittee(s) pursuant to the SSHCP and this Agreement. The USFWS shall process subsequent ESA consultations for Covered Activities in accordance with the process and time periods set forth in 50 Code of Federal Regulations, section 402.14. The Parties agree that this section does not create an independent cause of action.
Section 7 Consultations. The USFWS will evaluate the direct, indirect, and cumulative effects of the Covered Activities in its internal FESA biological opinion issued in connection with the MSHCP and issuance of the Section 10(a) Permit. As a result, and to the maximum extent allowable, in any consultation under section 7 of FESA subsequent to the Effective Date involving the Permittee(s) or entity with Third Party Take Authorization with regard to Covered Species and Covered Activities, the USFWS shall ensure that the FESA biological opinion issued in connection with the proposed project that is the subject of the consultation is consistent with the internal FESA biological opinion. Such projects must be consistent with the terms and conditions of the MSHCP and this Agreement. Any terms and conditions included under the reasonable and prudent measures of a FESA biological opinion issued subsequent to the Effective Date with regard to the Covered Species and Covered Activities shall, to the maximum extent appropriate, be consistent with the implementation measures of the MSHCP and this Agreement. The USFWS shall not impose measures in excess of those that have been or will be required by the Permittee(s) or entity with Third Party Take Authorization pursuant to the MSHCP and this Agreement. The USFWS shall process subsequent FESA consultations for Covered Activities in accordance with the process and time periods set forth in 50 Code of Federal Regulations, section 402.14. The Parties agree that this section does not create an independent cause of action.
Section 7 Consultations. In any consultation that may be required or processed pursuant to section 7 of ESA, 16 U.S.C. § 1536, subsequent to the Effective Date, with regard to the Covered Activities analyzed in the ESA intra-Service section 7 consultation for the Tribal HCP, the Agency shall, to the maximum extent appropriate, rely upon, and utilize, the ESA biological opinion completed in association with the Tribal HCP. Unless otherwise required by law, the Agency will not impose measures on the Tribe or Third Party Participants in excess of those that have been or will be required by the Permit, the Tribal HCP or this Agreement. In no event shall the Agency require the Tribe to implement measures, or recommend that other Federal agencies impose on the Tribe measures or other requirements, that are inconsistent with the Permit, the Tribal HCP, or this Agreement.
Section 7 Consultations. Under the provisions of Section 7 and its implementing regulations, Incidental Take Statements contained in biological opinions apply only to species listed as endangered or threatened under the ESA. The Integrated Biological Opinion also serves as a conference opinion pursuant to 50 C.F.R. § 402.10(d) and (e) that evaluates all Covered Species as though listed and provides a basis for authorizing incidental take should non-listed Covered Species become listed in the future. In the event a Non-listed Covered Species becomes listed in the future, USFWS and NMFS will adopt the conference opinion as the final biological opinion for that species in accordance with 50 C.F.R. § 402.10(d) for Associated Federal Actions undertaken by Reclamation unless significant changes have occurred in the proposed action or the information used in the conference opinion. If the conference opinion can be adopted pursuant to 50 C.F.R. § 402.10(d), USFWS and NMFS will not request, impose, recommend, or require mitigation, conservation, compensation, enhancement, or other protection for such Covered Species, beyond that expressly provided in this Agreement.
Section 7 Consultations. The USFWS will evaluate the direct, indirect, and cumulative effects of the Covered Activities in their internal ESA biological opinion issued in connection with the SSHCP and issuance of the Section 10(a) Permit. To the maximum extent allowable by law, in any consultation under Section 7 of ESA subsequent to the Effective Date involving the Plan Permittee(s) or any entity or individual for which a Development Authorization or Special Participating Entity has been issued with regard to Covered Species and Covered Activities, the USFWS will issue a consultation document in connection with the proposed project that is consistent with the internal ESA biological opinion. Such project must be consistent with the terms and conditions of the SSHCP and this Agreement. The USFWS shall process subsequent ESA consultations for Covered Activities in accordance with the process and time periods set forth in 50 Code of Federal Regulations, section 402.14. The Parties agree that this section does not create an independent cause of action.
Section 7 Consultations. Nothing in this agreement is intended to eliminate or modify the obligation of a federal agency to consult with the USFWS pursuant to section 7(a) of the ESA (16 U.S.C. Section 1536(a)). To the maximum extent appropriate, in any consultation under said provision involving CITY or a prospective or existing Third Party Beneficiary with regard to RPV Covered Species or Species Adequately Conserved which are listed or proposed for listing under the ESA, the USFWS shall ensure that the biological opinion issued in connection with the proposed public or private development project which is the subject of the consultation is consistent with the biological opinions issued in connection with the RPV NCCP Subarea Plan, provided that the proposed public or private development project is consistent with the RPV NCCP Subarea Plan. Any take avoidance and take minimization measures included under the terms and conditions of the Section 7 biological opinion shall, to the maximum extent appropriate, be consistent with the requirements imposed on the development project under the RPV NCCP Subarea Plan, provided that, unless otherwise required by law, the USFWS shall not impose measures on the prospective or existing Third Party Beneficiary in excess of those that have been or will be required by the CITY pursuant to the RPV NCCP Subarea Plan, this Agreement and the Section 10(a)(1)(B) Permit and NCCP Act Authorization except in accordance with the No Surprises Rule.