| | | (2)__The individual and cumulative effects that may | | reasonably be anticipated to result from the proposed | | actions covered by the plan; |
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| | | (3)__The recovery measures the applicant will implement | | to prevent, minimize and mitigate the individual and | | cumulative effects and any provisions that are | | necessary to prevent, minimize and mitigate | | circumstances that are likely to impair the recovery of | | any endangered or threatened species covered by the | | plan; |
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| | | (4)__The procedures for monitoring the effectiveness of | | the recovery measures in the plan; |
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| | | (5)__The anticipated costs of implementing the plan and | | the availability of necessary funding for the applicant | | to implement the plan; and |
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| | | (6)__Other modifications to the plan or other | | additional measures, if any, that the department may | | require and such other matters as the department | | determines to be necessary for the recovery of species | | consistent with this section. |
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| | | The department shall seek input from knowledgeable individuals or | | groups on each incidental take plan for endangered or threatened | | species. |
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| | | If any person fails to abide by the terms of any permit | | authorizing the incidental taking of an endangered or threatened | | species, the permit must be immediately suspended or revoked. |
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| | | §12809.__Judicial enforcement |
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| | | 1.__General.__In the event of a violation of this subchapter, | | any rule adopted pursuant to this subchapter or any license or | | permit granted under this subchapter, the Attorney General may | | institute injunctive proceedings to enjoin any further violation, | | a civil or criminal action, or any appropriate combination of | | those proceedings without recourse to any other provision of law | | administered by the department. |
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| | | 2.__Restoration.__The court may order restoration of any area | | affected by any activity found to be in violation of this | | subchapter, any rule adopted pursuant to this subchapter or any | | license or permit granted under this subchapter, to its condition | | prior to the violation or as near to that condition as possible.__ | | When the court finds that the violation was willful, the court |
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