Agmt 2008 US Fish & Wildlife Service

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"Robert's Landing" means a unit of the City of San Leandro's park system operated and maintained by the City of San Leandro. "Reintroduction" means the USFWS's recovery action related to the controlled propagation and transplantation (reintroduction) of California sea-blite within its historic range. "Listed species" means a species (including a subspecies or a distinct population segment of a vertebrate species) that is listed as endangered or threatened under the Act. "MOU" means Memorandum of Understanding, in this case between the City of San Leandro and the USFWS. "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect any listed species. Harm means an act that actually kills or injures a member of a listed species, including an act that causes significant habitat modification or degradation where it actually kills or injures a member of a listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. "City" means the City of San Leandro. "USFWS" means U.S. Fish and Wildlife Service. OBLIGATIONS OF THE PARTIES Obligations of the City: The City agrees to allow USFWS to fully implement the 2006 California Sea-blite (Suaeda californica) Reintroduction Plan, San Francisco Bay, California (Attachment A) on City lands at Robert's Landing. The City is under no obligation to spend its funds to implement the reintroduction plan. Obligations oi'the USFWS: USFWS will fully and faithfully perform all obligations assigned to it under this MOU and the 2006 California Sea-bZite (Suaeda tali ornica) Reintroduction Plan, San Francisco Bay, California (Attachment A). The USFWS will utilize its own resources, including expenditure of its funds, in pursuing these objectives. If a new species that is not discussed in this MOU, but that maybe affected by activities covered by the MOU, is listed or proposed under the Act, the USFWS will reevaluate the project. The USFWS will work together with the City to modify the MOU, as necessary, to ensure that the activities covered are not likely to jeopardize the existence of the listed or proposed species, or result in take or in adverse modification of any proposed or designated critical habitat of the newly listed species. The USFWS shall work with the City, if necessary, to implement any modifications to the MOU covered activities to avoid the likelihood of jeopardy to the species, or take or adverse modification of the proposed or designated critical habitat of the newly listed species. 2