NMFS Sample Clauses
NMFS. A. The Parties acknowledge and agree that NMFS has made no determination, and is giving the Parties no assurances, regarding compliance of the Restoration Project or PG&E’s operation of its FERC Project No. 1121 with the ESA.
B. NMFS agrees to do the following, to the extent NMFS determines that these provisions are consistent with the biological opinion rendered for the proposed Restoration Project and its responsibilities under the ESA to conserve threatened and endangered species and their habitats:
1. Support a petition to the SWRCB for the instream dedication of that amount of water diversion rights transferred by PG&E to CDFG as more fully described in Section 6.1 E;
2. Support the amendment of the license of FERC Project No. 1121, described in Section 6.1 C, that incorporates the facility modifications described in Sectio n 4.1, the prescribed instream flow increases described in Tables 1 and 2 of Attachment 1, the Ramping Rates described in Attachment 2, and further support the position that FERC focus the license amendment on the fishery restoration actions described in this MOU in order to facilitate the process for a FERC decision allowing the Restoration Project to go forward in a timely manner; and
3. In the next relicensing proceeding for FERC Project No. 1121, support the continuation of the prescribed instream flow releases described in Attachment 1 and Ramping Rates described in Attachment 2, and any changes to those prescribed instream flow releases or Ramping Rates resulting from Adaptive Management, subject to applicable law.
C. Regarding the biological and environmental monitoring described in Section 7.3, NMFS agrees to support incorporating Battle Creek monitoring needs into appropriate CVPIA, CALFED, and other monitoring programs.
D. As approving and implementing various activities described in the MOU will result in a major federal construction activity affecting listed salmonids under NMFS' jurisdiction, NMFS will conduct the requisite Section 7 consultation for species under its authority. The above measures will require FERC to exercise its federal discretionary authority in approving an amendment of the license for FERC Project No. 1121 prior to implementation. This action, as well as FERC's continuing oversight over FERC Project No. 1121 operations, constitutes a Federal Action for the purposes of Section 7 of the ESA. Therefore, FERC will be designated Lead Federal Agency. The referenced Section 7 consultation will also encom...
NMFS. NMFS is the federal agency within the United States Department of Commerce charged with responsibility for administering the ESA and providing for the conservation of federally listed anadromous and marine species and their habitats. NMFS enters into this Agreement pursuant to the ESA and its implementing regulations and pursuant to the Fish and Wildlife Coordination Act.
NMFS. The sole and exclusive remedy for any alleged breach or unresolved dispute under this Agreement (following good faith efforts by the Parties to resolve the dispute pursuant to Section XI below) is to withdraw from the Agreement.
NMFS. This documentation shall be provided via e-mail or hard copy to
NMFS. 2014a. Recovery Plan for the Evolutionarily Significant Units of Sacramento River Winter-run Chinook Salmon and Central Valley Chinook Salmon and the Distinct Population Segment of Central Valley Steelhead. National Marine Fisheries Service, Sacramento Protected Resources Division.
NMFS. A. In the next relicensing proceeding for FERC Project No. 1121, to the extent NMFS determines that these provisions are consistent with the biological opinion rendered for the proposed Restoration Project and its responsibilities under the ESA to conserve threatened and endangered species and their habitats,40 the NMFS agrees to support the continuation of the prescribed instream flow releases described in MOU Attachment 1 and Ramping Rates resulting from adaptive management.41
B. NMFS agrees to support, to the extent NMFS determines that these provisions are consistent with the biological opinion rendered for the proposed Restoration Project and its responsibilities under the ESA to conserve 38 MOU 6.1.M 39 MOU 14.0 40 MOU 6.3.B 41 MOU 6.3.B.3 threatened and endangered species and their habitats, any changes to instream flow releases or Ramping Rates resulting from Adaptive Management, subject to applicable law, and to support incorporating Battle Creek monitoring needs into appropriate CVPIA, CALFED, and other monitoring programs.42
C. NMFS shall provide at least one representative to the AMPT and one representative to the AMTT. NMFS’s representatives to these two teams shall be responsible, for one year out of every four as outlined in the Protocols section, for the chairmanship of these teams on a rotating basis with the other Parties. These chairmanships includes the responsibility of publishing the annual Adaptive Management report.
D. NMFS will be responsible for assuming its costs for any FERC dispute resolution proceedings.43
E. As described more fully below in descriptions of individual Adaptive Management objectives, NMFS, in cooperation with USFWS and CDFG, may conduct and/or fund or seek funding from sources other than the Licensee for any necessary unfunded element of Adaptive Management. All data collected as part of Adaptive Management monitoring will conform to data management protocols in Section V.B.
F. NMFS will define recovery goals for anadromous salmonid species in Battle Creek listed under the ESA. These include species currently listed (i.e., winter-run chinook salmon, spring-run chinook salmon, and steelhead) as well as any other anadromous fish species that may be listed under the ESA at any time during the term of the AMP.
NMFS. ● NMFS shall assign a Project Manager with responsibilities for… ● NMFS shall identify an Executive Sponsor with authorities and responsibilities for... ● NMFS shall provide input and direction to Reclamation related to the preparation ofthe BA. ● NMFS shall, within 30 days ofreceipt ofa draft BA, submit a notification letter to Reclamation indicating whether the document contains the information necessary to initiate Section 7 consultation. ● NMFS shall prepare a draft and final BiOp, considering potential ofa a joint BiOp prepared in conjunction with USFWS. ● NMFS shall issue a draft BiOp for Reclamation’s review. NMFS’ final BiOp will include consideration and/or integration ofcomments received from the Reclamation review ofthe draft BiOp. ● NMFS shall present a draft BiOp to stakeholders and discuss the BiOp and rationale for decisions. ● NMFS shall peer review the BiOp prior to finalization. ● NMFS shall participate as a NEPA cooperating agency during Reclamation’s development ofan EIS. ● NMFS shall identify the best available science with respect to NMFS species during the development ofthe Administrative Draft Biological Assessment
NMFS. NMFS authority is pursuant to the federal ESA and its corresponding implementing regulations, as well as the Fish and Wildlife Coordination Act.
NMFS. By June 30 of each year, NMFS will review reports provided by Permittees and SWCG and prepare a public Annual Implementation Report (AIR), documenting implementation of the Site Plan Agreements and actions taken towards achievement of Net Conservation Benefit.
NMFS. NMFS reviews the Pacific Council's fishery management recommendations for consistency with all statutory and regulatory requirements and Executive Orders. NMFS approves, disapproves, or partially approves the Pacific Council's recommendations. If a measure is disapproved, NMFS is responsible for providing the rationale and justification for the disapproval. If measures are approved, NMFS is responsible for implementing, administering, and enforcing the management programs. In accordance with MSA §302(f)(3) and (4), NMFS is responsible for participating in the development of Pacific Council actions through attendance at Pacific Council meetings, meetings of established Advisory Bodies, specialized workgroups, project teams and workshops, and other informal collaboration, such as post-Pacific Council meeting conference calls, to coordinate follow-up actions. NMFS Headquarters is responsible for: Deciding whether to concur with the Regional Administrator's decision regarding approval/disapproval/partial approval of Pacific Council-recommended actions; Deciding whether to approve final rule implementing regulations; Determining that an appropriate NEPA document has been completed for the action; Resolving with NOAA GC any issues elevated to Headquarters, including issues related to determinations of legal sufficiency; and Providing guidance on FMP approval processes and underlying regulatory requirements. WCR will assist the Pacific Council in the development of fishery management actions, by: Attending Pacific Council meetings with representation in the Regional Administrator's Pacific Council Member seat, and with sufficient support staff to assist with documents and analysis necessary for Pacific Council decision-making. Ensuring staff representation on appointed seats for Advisory Bodies listed in the Pacific Council COPs, or participation in Advisory Bodies as necessary if not a member of the Advisory Body, to provide information and analysis on biological, technical, policy, administrative, and legal requirements and issues, as appropriate. In the absence of direct OLE staff input on a Pacific Council action, it will be the responsibility of the WCR to coordinate with OLE and ensure appropriate input occurs on Pacific Council actions. Ensuring active staff participation in specialized work groups, project teams, or workshops leading to Pacific Council decision-making, as well as on informal communication and collaboration efforts. Ident...