Section 7 Consultations Sample Clauses

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.
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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.
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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.
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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.
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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.
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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.
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Related to Section 7 Consultations

  • Technical Consultations 1. A Party may initiate technical consultations with another Party through the respective contact points with the aim of resolving any matter arising under this Chapter.

  • Notification and Consultation 1. A Party shall promptly notify the other Party, in writing, on:

  • JOINT CONSULTATION 31.01 The parties acknowledge the mutual benefits to be derived from meaningful and effective joint consultation and will consult on matters of common interest.

  • Consultation 10.1 The Employer agrees to consult the Employee timeously where the exercising of its powers will have amongst others-

  • INFORMATION AND CONSULTATION 8.1 You are entitled, under the Data Protection Xxx 0000 to inspect personal information held on you in our housing files. We will provide photocopies of this information on request. We may make a charge of up to £10 for this. We will provide you with a copy of any such information we hold within forty days of your request in writing. You may have other rights under that Act in relation to your personal data, which we will honour. You are entitled to check information you have provided in connection with your housing application free of charge.

  • Consultations 1. A Party may request in writing consultations with the other Party with respect to any matter referred to in Article 174 (Scope of Application). 2. The requesting Party shall deliver the request to the other Party, and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the complaint. 3. The requested Party shall reply to the request in writing within 25 days following the date of receipt of the request. 4. The Parties shall enter into consultations in good faith within: (a) 35 days following the date of receipt of the request for consultations regarding urgent matters (20); or (b) 40 days following the date of receipt of the request for consultations for all other matters. 5. The consulting Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter raised through consultations under this Article or other consultative provisions of this Agreement.

  • Review and Consultation Employee acknowledges and agrees he (a) has read this Agreement in its entirety prior to executing it, (b) understands the provisions and effects of this Agreement and (c) has consulted with such attorneys, accountants and financial or other advisors as he has deemed appropriate in connection with the execution of this Agreement. Employee understands, acknowledges and agrees that he has not received any advice, counsel or recommendation with respect to this Agreement from Employer’s attorneys. [Signature Page Follows]

  • CONSULTATION WITH OTHER SUB-ADVISERS In performance of its duties and obligations under this Agreement, the Sub-Adviser shall not consult with any other sub-adviser to the Fund or a sub-adviser to a portfolio that is under common control with the Fund concerning transactions for the Fund, except as permitted by the policies and procedures of the Fund. The Sub-Adviser shall not provide investment advice to any assets of the Fund other than the assets managed by the Sub-Adviser.

  • Consultation with Experts The Administrative Agent may consult with legal counsel, independent public accountants, and other experts selected by it and shall not be liable for any action taken or omitted to be taken by it in good faith in accordance with the advice of such counsel, accountants or experts.

  • Union Consultation The Union is entitled to consult the Employer or its representative, whenever it is alleged that Employees are required to work unreasonable amounts of overtime.

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