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;
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Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the
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Examples of Incidental taking in a sentence

  • Incidental taking of migratory birds during military readiness activities.Subtitle C—Commissaries and Nonappropriated Fund InstrumentalitiesSec.

  • Section 1080.10 Conservation Plan Incidental taking of endangered and threatened species shall be authorized by the Department of Natural Resources (Department) only if the applicant submits to the Department a conservation plan that satisfies all criteria established in this Part.

  • Incidental taking of listed species that is in compliance with the terms and conditions of this statement is exempted from the prohibitions against taking under the ESA.

  • Incidental taking of NEC by snowshoe hare hunters is not believed to be a significant risk, because the pelage of the snowshoe hare is white during the legalseason (winter) and the pelage of the NEC is brown, letting hunters tell the two apart and avoid accidentally taking NEC.

  • Incidental taking is authorized, but only if it is in compliance with the terms and conditions of an incidental take statement included in a biological opinion.

  • Incidental taking is defined at 50 C.F.R. 17.3 as it related to the ESA.

  • The contribution of gas-rich LSB galaxies (> 23.0 mag/arcsec2) to the local cosmological gas and luminosity density is modest (18 +6 and 5 +2 per- -5 -2 cent respectively); their contribution to Ωmatter is not well-determined, but probably <11%.

  • 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 happens in the course of otherwise lawful activity does not need a permit but must be reasonably avoided - for example, developers should employ koala spotters and catchers when clearing trees for approved development.Within eastern South East QueenslandIn SEQ, koalas are listed under nature conservation laws as vulnerable, protecting individual koalas from unlawful taking (see preceding paragraph).

  • Incidental taking in activities other than fishing is managed according to whether the level of takes would have a negligible impact on the affected stock(s) and whether only small numbers of marine mammals would be taken.4 If the statutory requirements are met, and applicable monitoring and mitigation requirements are sufficient to ensure that the activities will have no more than a negligible impact, such authorizations should not be considered high-priority marine mammal conservation issues.


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.
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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 activity.
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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.
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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.

  • Condemnation Event means any act of taking by a public or quasi-public authority through condemnation, reverse condemnation or eminent domain.

  • Fundamental Transaction means that (i) the Company shall, directly or indirectly, in one or more related transactions, (1) consolidate or merge with or into (whether or not the Company is the surviving corporation) another Person, with the result that the holders of the Company’s capital stock immediately prior to such consolidation or merger together beneficially own less than 50% of the outstanding voting power of the surviving or resulting corporation, or (2) sell, lease, license, assign, transfer, convey or otherwise dispose of all or substantially all of the properties or assets of the Company to another Person, or (3) take action to facilitate a purchase, tender or exchange offer by another Person that is accepted by the holders of more than 50% of the outstanding shares of Common Stock (excluding any shares of Common Stock held by the Person or Persons making or party to, or associated or affiliated with the Persons making or party to, such purchase, tender or exchange offer), or (4) consummate a stock or share purchase agreement or other business combination (including, without limitation, a reorganization, recapitalization, spin-off or scheme of arrangement) with another Person whereby such other Person acquires more than 50% of the outstanding shares of Common Stock (not including any shares of Common Stock held by the other Person or other Persons making or party to, or associated or affiliated with the other Persons making or party to, such stock or share purchase agreement or other business combination), or (5) reorganize, recapitalize or reclassify its Common Stock, or (ii) any “person” or “group” (as these terms are used for purposes of Sections 13(d) and 14(d) of the Exchange Act) is or shall become the “beneficial owner” (as defined in Rule 13d-3 under the Exchange Act), directly or indirectly, of 50% of the aggregate ordinary voting power represented by issued and outstanding Common Stock.

  • Ownership Change Event means the occurrence of any of the following with respect to the Company: (i) the direct or indirect sale or exchange in a single or series of related transactions by the stockholders of the Company of securities of the Company representing more than fifty percent (50%) of the total combined voting power of the Company’s then outstanding securities entitled to vote generally in the election of Directors; (ii) a merger or consolidation in which the Company is a party; or (iii) the sale, exchange, or transfer of all or substantially all of the assets of the Company (other than a sale, exchange or transfer to one or more subsidiaries of the Company).

  • Total Transfer Capability or “TTC” shall mean the amount of electric power that can be moved or transferred reliably from one area to another area of the interconnected Transmission Systems by way of all transmission lines (or paths) between those areas under specified system conditions.

  • Applicable Fraction means Applicable Fraction as defined in Section 42(c)(1)(B) of the IRC.

  • Date of Taking means the date the Condemnor has the right to possession of the property being condemned.

  • Terminating Event means any of the following events:

  • Delay Event means any event set out at Clause 5.19.4 [Delay Events].

  • Change Event means any merger, de-merger, amalgamation, consolidation, reorganization, joint operation or service arrangement, corporate restructuring or any other business arrangement involving the DTH Operator or any change of control or change in the management or acquisition of majority stake or controlling stake of the DTH Operator or acquisition by the DTH Operator of a majority stake or a controlling stake in any other entity or selling the whole or a substantial portion of the DTH Operator’s assets and/ or purchasing the whole or a substantial portion of the assets of another entity.

  • Delaying Event means any failure of a Party to perform any of its obligations set forth in this Agreement, caused in whole or in part by:

  • Insurance and Condemnation Event means the receipt by any Credit Party or any of its Subsidiaries of any cash insurance proceeds or condemnation award payable by reason of theft, loss, physical destruction or damage, taking or similar event with respect to any of their respective Property.

  • Condemnor means any public or quasi-public authority, or private corporation or individual, having the power of condemnation.

  • Replacement Airframe means an Airbus A321 aircraft or a comparable or improved model of Manufacturer (except (a) Engines or engines from time to time installed thereon and any and all Parts related to such Engine or engines and (b) Excluded Equipment), that shall have been made subject to the Lien of the Indenture pursuant to Section 7.05 thereof, together with all Parts relating to such aircraft.

  • Constitutional taking means a governmental action that results in a taking of

  • Terminating Capital Transaction means any sale or other disposition of all or substantially all of the assets of the Partnership or a related series of transactions that, taken together, result in the sale or other disposition of all or substantially all of the assets of the Partnership.

  • Common Stock Deemed Outstanding means the number of shares of Common Stock actually outstanding (not including shares of Common Stock held in the treasury of the Company), plus (x) pursuant to Paragraph 4(b)(i) hereof, the maximum total number of shares of Common Stock issuable upon the exercise of Options, as of the date of such issuance or grant of such Options, if any, and (y) pursuant to Paragraph 4(b)(ii) hereof, the maximum total number of shares of Common Stock issuable upon conversion or exchange of Convertible Securities, as of the date of issuance of such Convertible Securities, if any.

  • Proportional Takeover Bid means an off-market bid that is made or purports to be made under section 618(1)(b) of the Corporations Act in respect of a specified proportion of shares included in a class of shares in the Company; and

  • Exchange Event means with respect to any Global Registered Receipt:

  • Conversion Factor means 1.0, provided that in the event that the General Partner (i) declares or pays a dividend on its outstanding REIT Shares wholly or partly in REIT Shares or makes a distribution to all holders of its outstanding REIT Shares wholly or partly in REIT Shares, (ii) subdivides its outstanding REIT Shares, or (iii) combines its outstanding REIT Shares into a smaller number of REIT Shares, the Conversion Factor shall be adjusted by multiplying the Conversion Factor by a fraction, the numerator of which shall be the number of REIT Shares issued and outstanding on the record date for such dividend, distribution, subdivision or combination (assuming for such purposes that such dividend, distribution, subdivision or combination has occurred as of such time), and the denominator of which shall be the actual number of REIT Shares (determined without the above assumption) issued and outstanding on such date and, provided further, that in the event that an entity other than an Affiliate of the General Partner shall become General Partner pursuant to any merger, consolidation or combination of the General Partner with or into another entity (the “Successor Entity”), the Conversion Factor shall be adjusted by multiplying the Conversion Factor by the number of shares of the Successor Entity into which one REIT Share is converted pursuant to such merger, consolidation or combination, determined as of the date of such merger, consolidation or combination. Any adjustment to the Conversion Factor shall become effective immediately after the effective date of such event retroactive to the record date, if any, for such event; provided, however, that if the General Partner receives a Notice of Redemption after the record date, but prior to the effective date of such dividend, distribution, subdivision or combination, the Conversion Factor shall be determined as if the General Partner had received the Notice of Redemption immediately prior to the record date for such dividend, distribution, subdivision or combination.

  • Corporate Event shall have the meaning specified in Section 14.01(b)(iii).

  • Delivery Date means the date or dates specified in the Purchase Order by which the Supplier is required to deliver the Work.