USFWS Findings. As further described in the Federal Permit issued by USFWS, USFWS has found that the HCP/NCCP satisfies the permit issuance criteria under Section 10(a)(2)(B) of FESA for each Covered Species that is a Federal Listed Species within the jurisdiction of the USFWS. This finding supports the Take authorization for Federal Listed Species conferred to the Permittees as of the Effective Date. For each Covered Species that is not a Federal Listed Species as of the Effective Date, USFWS has found that the HCP/NCCP satisfies the permit issuance criteria under Section 10(a)(2)(B) of FESA that would otherwise apply if such Covered Species were a Federal Listed Species. This finding supports the Take authorization for Federal Non- listed Species that shall automatically be conferred to the Permittees if and when the species is listed pursuant to FESA. The Take of Federal Listed Species that are plants is not prohibited under FESA, and therefore Take authorization for federally listed plants is not necessary. Plant species included on the list of Covered Species are listed on the Federal Permit in recognition of the conservation measures and benefits provided for those plants under the HCP/NCCP. As of the Effective Date, any reference in this Agreement or the HCP/NCCP to the Authorized Take of Covered Species shall, for the purpose of incidental Take authorized under Section 10(a)(1)(B), refer solely to Federal Listed Species other than plants on the Covered Species list. If at any time during the term of this Agreement and the Federal Permit, any plant listed on the Covered Species becomes subject to the take prohibition under FESA, the Federal Permit shall automatically become effective as to such species, and the Permittees shall receive incidental Take Authorization for that plant. Concurrent with the USFWS’ execution of this Agreement, and on satisfaction of all other requirements, USFWS issued to the Permittees the Federal Permit under Section 10(a)(l)(B) of FESA, authorizing the incidental Take by the Permittees of each Covered Species within the jurisdiction of USFWS resulting from Covered Activities in the Permit Area. The Federal Permit is conditioned on compliance with the terms and conditions of this Agreement, the HCP/NCCP, and the Federal Permit.
USFWS Findings. For each Covered Species which is a Federal Listed Species within the jurisdiction of the USFWS, USFWS finds that the HCP has satisfied the permit issuance criteria under Section 10(a)(2)(B) of FESA in that:
USFWS Findings. As further described in the Federal Findings issued by USFWS, USFWS has found that the NCCP/HCP satisfies the permit issuance criteria under Section 10(a)(2)(B) of FESA for each Covered Species. The Findings support the Take authorization for the Covered Species issued to the Water Authority as of the Effective Date. For each Covered animal Species that is not a Federal Listed Species as of the Effective Date, the Take authorization for Federal Non-listed animal Species shall automatically become effective if and when the species is listed pursuant to FESA. Concurrent with the USFWS’ execution of this Agreement, and on satisfaction of all other requirements, USFWS will issue the Water Authority a Federal Permit under Section 10(a)(l)(B) of FESA, authorizing the incidental Take by the Water Authority of each Covered animal Species within the jurisdiction of USFWS resulting from Covered Activities in the Permit Area. The Federal Permit is conditioned on compliance with the terms and conditions of this Agreement, the NCCP/HCP, and the Federal Permit.
