Incidental taking definition

Incidental taking. ’ means catching, taking, or harvesting a species or stock of fish while conducting directed fishing for another species or stock of fish.

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Incidental taking means the taking of a species that is incidental to and not the purpose of an otherwise lawful activity;

Incidental taking means any taking prohibited by section 9 of the Act or by regulation promulgated pursuant to section 4(d) of the Act, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

Examples of Incidental taking in a sentence

Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity (50 CFR §17.3).
Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity (50 CFR 17.3).
Incidental taking which occurs as a result of failure to implement avoidance and minimization measures or through negligence may be subject to investigation and action by the Service’s Office of Law Enforcement, in accordance with Section 9 of the ESA and section 102 of the MMPA.

More Definitions of Incidental taking

Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the

Incidental taking. ’ means catching, taking, or har- vesting a species or stock of fish while conducting directed fish- ing for another species or stock of fish.

Incidental taking means “an accidental taking. This does not mean that the taking is unexpected, but rather it includes those takings that are infrequent, unavoidable, or accidental.” (50 C.F.R. §216.103). NMFS Office of Protected Resources (OPR) has received a request for Incidental Take Regulations (ITR) and associated Letter of Authorization (LOA) from Atlantic Shores Offshore Wind, LLC, a joint venture between EDF-RE Offshore Development LLC and Shell New Energies US LLC for the incidental take of small numbers of marine mammals during the construction of the Atlantic Shores South project.5 The requested ITR would govern the authorization of take, by both Level A and Level B harassment6, of “small numbers” of marine mammals over a 5-year period incidental to construction-related pile driving activities (impact and vibratory), and high-resolution geophysical (HRG) site characterization surveys. A final ITR would allow for the issuance of a LOA to Atlantic Shores for a 5-year period; the issuance of two LOAs (one for Project 1 and one for Project 2) is proposed. NMFS OPR’s issuance of an ITR and LOAs is included as an element of the proposed action in this opinion.

Related to Incidental taking

Total Taking means the Taking of the fee title to all the Premises and the Improvements on the Premises, which shall be considered to include any offsite improvements effected by Tenant to serve the Premises or the improvements or the parking on the Premises.
Substantial Taking means a Taking of at least 15% of the Land or Improvements which, in Lessee’s and Lessor’s reasonable judgment, will materially and adversely interfere with any development or use of the Premises that Lessee is then conducting or intends in good faith to conduct in the future.
Material Taking shall have the meaning set forth in Section 6.4.
Partial Taking means the taking of only a portion of the Premises which does not constitute a Total Taking; (4) "Date of Taking" means the date upon which the title to the Premises, or a portion thereof, passes to and vests in the condemnor or the effective date of any order for possession if issued prior to the date title vests in the condemnor; and (5) "Award" means the amount of any award made, consideration paid, or damages ordered as a result of a Taking.
Supplemental Transfer Date For any Supplemental Transfer Agreement, the date the related Supplemental Mortgage Loans are transferred to the Trust Fund pursuant to the related Supplemental Transfer Agreement.