Common use of Section 7 Consultations Clause in Contracts

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.

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 tTo the maximum extent allowableallowable 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 shall ensure that the ESA biological opinion issued issuedwill issue a consultation document 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.