Laserfiche WebLink
8 <br /> 4.4.2.1: Consistent with section4.4.1 oIthiis Settlement <br /> Agreement,NMFS and FWS anticipate that it is likely that the <br /> measures contained in Appendix 1.of this.Settlement Agreement <br /> will be adequate to avoid a jeopardy finding for species presently <br /> listed as threatened or endangered. <br /> 4.4.2.2: If any Biological Opinion or Incidental Take Statement issued <br /> pursuant to Section 7 of the ESA contains a Material Modification of this <br /> Settlement Agreement,this Settlement Agreement shall be deemed <br /> modified to conform to the provisions of the Biological Opinion,unless a <br /> Party provides Notice to the other Parties that it objects and initiates ADR <br /> under section 5 of this Settlement Agreement within thirty(30)days after <br /> the Biological Opinion is filed with FERC. Dispute resolution will <br /> consider modifications to.the Settlement Agreement,not the disputed <br /> Biological Opinion. If any Biological Opinion or Incidental Take <br /> Statement issued pursuant to Section 7 of the ESA contains a Material <br /> Modification of this Settlement Agreement,a Party may withdraw from <br /> this Settlement after the Parties comply with the ADR process in section 5 <br /> of this Agreement. <br /> 4.4.2.3: A Disputing Party may,in addition and to the extent provided by <br /> applicable law,seek administrative and/or judicial review of any <br /> Biological Opinion that contains a Material Modification of this <br /> Settlement Agreement. The Parties shall follow the ADR process set forth <br /> in section 5 of this Settlement Agreement to the extent reasonably <br /> practicable,in order to consider modification of this Settlement <br /> Agreement,while such administrative or judicial review is pursued. If all <br /> Parties subsequently agree to modify this Settlement Agreement to <br /> conform to the inconsistent provision,the Disputing Party or Parties shall <br /> withdraw or dismiss any administrative or judicial action,or recommend <br /> such withdrawal or dismissal,as appropriate. <br /> 4.4.2.4: Unless this Settlement is terminated pursuant to section 6 herein, <br /> if any Biological Opinion contains a Material Modification of this <br /> Settlement Agreement after a final and non-appealable administrative or <br /> judicial decision,this Settlement shall be deemed modified to conform to <br /> that decision. <br /> 4.5 CWA 401 Certification and CZMA Consistency Determination <br /> 4.5.1 401 Certification and CZMA Determination <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT- 11 <br /> 49 <br />