Common use of Adaptive Management Clause in Contracts

Adaptive Management. Because of the amount and type of appropriate habitat for the covered species that will be created some adaptive management will be needed to determine the appropriate mix of species is at each aquatic site. This is particularly important for the Yaqui fish and Chiricahua leopard frog. Adaptive management is the framework in which conservation actions are employed, monitored, and treated as experiments to refine how resources are managed (▇▇▇▇▇▇▇ 1986). Because our state of knowledge regarding the covered species—from their basic life history and ecology to their genetic structure—is insufficient, adaptive management is a useful framework to both enhance species conservation as well as to learn. In some primary habitats, the Parties may establish an aquatic species community composed of certain species, while in another they may establish a different assemblage; evaluating the community outcome provides information as to what management techniques will work, and which will fail. An exact cause may not be known for the outcomes, but the on-the-ground information will be important in determining which species to manage at which sites and in what combinations. Therefore, it is not anticipated that all species will be successful at all re-establishment sites. The adaptive management framework is important for integrating new information as it becomes available. For example, before the 1980s very few land managers practiced active wetland management, but research indicated that varying water levels permit a variety of organisms to co-exist without significant negative impacts to those species for which wetlands were traditionally managed. Adaptive management was applied to wetlands in many areas, and more information was learned while, at the same time, many species benefited. With relation to this Agreement, researchers may find a possible treatment for chytridiomycosis in the laboratory; this treatment, and variations or alternatives, can be applied to Chiricahua leopard frog populations within the covered area. Subsequent biological monitoring, as required by this Agreement, will provide information useful to assess the treatment's efficacy. Because of the benefits offered by adaptive management, its framework shall be incorporated into this Agreement. Two types of adaptive management findings may affect this Agreement: those findings that require a structural change to the Agreement; and those that require minor changes to management techniques. Structural changes may be triggered by new information that is foundational to the concepts underlying this Agreement, such as information indicating that gene flow between populations within the covered area is not sufficient to prevent inbreeding depression. An example of minor management changes that would not require changes to this Agreement would be a finding that specific covered species cannot co-exist under certain conditions (requiring that certain community assemblages not be established). The FWS and Parties will work collaboratively to address minor management changes. Nothing in this Agreement prevents the Participants from implementing management activities not described in the Agreement, as long as such actions maintain the original baseline conditions and do not affect the beneficial actions set forth in the Agreement. The Participants will notify the FWS 60 days in advance of any activities likely to result in the loss of species individuals or occupied habitat. The notification will allow the FWS an opportunity to capture and relocate the affected individuals, thereby minimizing the impact of the authorized take. The Participants will try to avoid undertaking any disruptive actions during the breeding season of the covered species that could negatively impact reproductive activities, to minimize the impact of authorized take. If such actions can not be avoided, Parties shall include FWS in the planning of these activities to determine if additional minimization measure may be implemented to reduce impacts on reproduction. Emergency situations such as natural disasters (e.g., hurricanes, excessive rainfall, extreme drought, insect infestations, or epidemic disease) may require initiation of certain management actions such as salvaging individuals with less than 60 days prior notification. The Participants will notify the FWS within 10 days of discovering such a situation, and will make reasonable accommodations to the FWS for survey and/or relocation of species individuals prior to the action. The Parties acknowledge that survey and translocation may be precluded by certain urgent situations. This Agreement will grant to the FWS, after reasonable prior notice, the right to enter the Participants’ properties for the purpose of ascertaining compliance with the Agreement and for monitoring, surveying, sampling, marking, and in certain circumstances relocating species, as well as other measures that may be necessary. In addition, the Participants will complete and submit an annual report of activities related to species’ management to the FWS, and other reports as required by the Agreement.

Adaptive Management. Because ‌ Adaptive management allows for mutually agreed upon changes to the Agreement's conservation measures in response to changing conditions or new information. If the conservation measures do not yield the expected results and appear ineffective, then management activities can be changed or alternative activities undertaken to achieve those expected results. Several aspects of relict leopard frog biology and population dynamics are not currently well understood, including dispersal distances, mortality during drought, adult and larval survivorship, the amount role of disease and type pollution, and population dynamics (RLFCT 2005). Furthermore, the Agreement will need to respond to specific management opportunities and needs as they arise, and unforeseen conditions such as drought, which may independently affect individual relict leopard frog populations or occupied habitats. The Agreement therefore includes an adaptive management program to ensure flexibility, implementation of appropriate habitat for CAS objectives to the covered species maximum extent practicable, and that will be created some the most up-to-date scientific information is used. Decisions related to adaptive management will be needed based primarily on an evaluation of the compliance and biological monitoring results detailed in the annual reports. The need to determine incorporate adaptive management modifications into the appropriate mix Agreement may result from four potential sources: (1) new scientific information concerning the biology or population dynamics of species is at each aquatic siterelict leopard frogs or non-native predators of relict leopard frogs; (2) new scientific information concerning the effects of other biotic or abiotic factors on relict leopard frogs; (3) information derived from the Agreement’s monitoring program; and (4) management needs or recommendations described in future revisions of the CAS. This is particularly important for The provisions of this Agreement are intended to be consistent with the Yaqui fish and Chiricahua leopard frogCAS. Adaptive management is decisions can be made at any time as deemed necessary by the framework in which conservation actions are employed, monitored, and treated as experiments to refine how resources are managed (▇▇▇▇▇▇▇ 1986). Because our state of knowledge regarding the covered species—from their basic life history and ecology to their genetic structure—is insufficient, adaptive management is a useful framework to both enhance species conservation as well as to learn. In some primary habitatsParties; however, the Parties may establish an aquatic species community composed in coordination with the RLFCT will carry out a major evaluation of certain species, while in another they may establish a different assemblage; evaluating the community outcome provides information this Agreement every fifth year to ensure that it is achieving its conservation goals. Management activities will be evaluated as to what management techniques will work, and which will failwhether they are resulting in the protection of relict leopard frogs on enrolled lands. An exact cause may not be known for If there is no increase in population sizes and/or an inability to successfully establish persistent translocation populations within the outcomes, but the on-the-ground information will be important in determining which species to manage at which sites and in what combinations. Therefore, it is not anticipated that all species will be successful at all re-establishment sites. The adaptive management framework is important for integrating new information as it becomes available. For example, before the 1980s very few land managers practiced active wetland management, but research indicated that varying water levels permit a variety first five years of organisms to co-exist without significant negative impacts to those species for which wetlands were traditionally managed. Adaptive management was applied to wetlands in many areas, and more information was learned while, at the same time, many species benefited. With relation to this Agreement, researchers may find a possible treatment the Parties will identify changes in management activities to improve success. If management activities need to be altered to improve benefits for chytridiomycosis the species, they will be altered by amending future CAs, not by altering the responsibilities of Cooperators in the laboratory; this treatmentexisting CAs. However, and variations or alternativesif existing Cooperators agree to alter their CAs, can be applied then any modification of their responsibilities in relation to Chiricahua leopard frog populations within the covered area. Subsequent biological monitoring, as required by this Agreement, will provide information useful to assess the treatment's efficacy. Because of the benefits offered by adaptive management, its framework shall be incorporated into this Agreement. Two types of adaptive management findings may affect this Agreement: those findings that require will be addressed on a structural change to the Agreement; and those that require minor changes to management techniques. Structural changes may be triggered case by new information that is foundational to the concepts underlying this Agreement, such as information indicating that gene flow between populations within the covered area is not sufficient to prevent inbreeding depression. An example of minor management changes that would not require changes to this Agreement would be a finding that specific covered species cannot co-exist under certain conditions (requiring that certain community assemblages not be established). The FWS and Parties will work collaboratively to address minor management changes. Nothing in this Agreement prevents the Participants from implementing management activities not described in the Agreement, as long as such actions maintain the original baseline conditions and do not affect the beneficial actions set forth in the Agreement. The Participants will notify the FWS 60 days in advance of any activities likely to result in the loss of species individuals or occupied habitat. The notification will allow the FWS an opportunity to capture and relocate the affected individuals, thereby minimizing the impact of the authorized take. The Participants will try to avoid undertaking any disruptive actions during the breeding season of the covered species that could negatively impact reproductive activities, to minimize the impact of authorized take. If such actions can not be avoided, Parties shall include FWS in the planning of these activities to determine if additional minimization measure may be implemented to reduce impacts on reproduction. Emergency situations such as natural disasters (e.g., hurricanes, excessive rainfall, extreme drought, insect infestations, or epidemic disease) may require initiation of certain management actions such as salvaging individuals with less than 60 days prior notification. The Participants will notify the FWS within 10 days of discovering such a situation, and will make reasonable accommodations to the FWS for survey and/or relocation of species individuals prior to the action. The Parties acknowledge that survey and translocation may be precluded by certain urgent situations. This Agreement will grant to the FWS, after reasonable prior notice, the right to enter the Participants’ properties for the purpose of ascertaining compliance with the Agreement and for monitoring, surveying, sampling, marking, and in certain circumstances relocating species, as well as other measures that may be necessary. In addition, the Participants will complete and submit an annual report of activities related to species’ management to the FWS, and other reports as required by the Agreementcase basis.

Adaptive Management. Because Adaptive management allows a conservation program to be adjusted from time to time to take into account new scientific information and to ensure that the program is as effective as possible. Several aspects of the amount and type of appropriate habitat for the covered species that will be created some adaptive management will be needed to determine the appropriate mix of species is at each aquatic site. This is particularly important for the Yaqui fish and Chiricahua leopard frog. Adaptive management is frog biology and population dynamics are not currently well understood, including dispersal distances, mortality during drought, adult and larval survivorship, the framework in which conservation actions are employed, monitoredrole of disease and pollution, and treated as experiments to refine how resources are managed population dynamics (▇▇▇▇▇▇▇ 19861999). Because our state A recovery plan will be prepared during 2003- 2006, which will further define conservation priorities. Furthermore, the Agreement will need to respond to specific management opportunities and needs as they arise. The Agreement therefore includes an Adaptive Management program to ensure flexibility and that the most up-to-date scientific information is used. The need to adopt Adaptive Management modifications to the Agreement may result from four potential sources: 1) new scientific information concerning the biology or population dynamics of knowledge regarding Chiricahua leopard frogs or non-native predators of leopard frogs; 2) new scientific information concerning the effects of other biotic or abiotic factors on leopard frogs; 3) information derived from the Agreement’s monitoring program; and 4) management needs or recommendations described under any future Chiricahua Leopard Frog Recovery Plan, if and when one is prepared. Two types of Adaptive Management modifications within the covered species—from their basic life history and ecology to their genetic structure—is insufficient, adaptive management is a useful framework to both enhance species conservation as well as to learn. In some primary habitats, the Parties area may establish an aquatic species community composed of certain species, while in another they may establish a different assemblage; evaluating the community outcome provides information as to what management techniques will work, and which will fail. An exact cause may not be known for the outcomes, but the on-the-ground information will be important in determining which species to manage at which sites and in what combinations. Therefore, it is not anticipated that all species will be successful at all re-establishment sites. The adaptive management framework is important for integrating new information as it becomes available. For example, before the 1980s very few land managers practiced active wetland management, but research indicated that varying water levels permit a variety of organisms to co-exist without significant negative impacts to those species for which wetlands were traditionally managed. Adaptive management was applied to wetlands in many areas, and more information was learned while, at the same time, many species benefited. With relation to implemented under this Agreement, researchers may find depending on their scope and the process for incorporating them. These are termed: 1) major revisions to the Agreement and 2) ongoing management adjustments. A major revision is defined as one triggered by the availability of substantial new scientific information, typically from a possible treatment for chytridiomycosis source not related to the Agreement, concerning any biological assumption or criterion upon which the conservation program is based and that would require modification of any of the Agreement’s specific biological criteria or conservation measures. Examples of circumstances requiring a major revision would include new information suggesting that the Agreement’s reestablishment/distribution criteria are inadequate to meet its biological objectives, or that additional management measures not described in the laboratory; this treatment, and variations or alternatives, can be applied Agreement are needed to Chiricahua ensure survival of leopard frog populations within the covered area. Subsequent biological monitoringarea (e.g., as a result of disease or pollution). Major revisions would likely require that the Agreement be amended to reflect any required by this Agreementnew standards or management activities. This, will provide information useful to assess in turn, would require mutual agreement between the treatment's efficacy. Because Malpai and the Service, and written formalization of the benefits offered amendment as described in section 3.2. Ongoing management adjustments are defined as those typically triggered by adaptive management, its framework shall be incorporated into this Agreement. Two types of adaptive management findings may affect this Agreement: those findings that require a structural change to the Agreement; and those that require minor changes to management techniques. Structural changes may be triggered by new information that is foundational to the concepts underlying this Agreement, such as information indicating that gene flow between populations ’s monitoring program concerning any situation within the covered area that requires a management response that is within the scope of the existing Agreement. Examples of circumstances requiring ongoing management adjustments would be the identification of specific problems within the covered area that need corrective action (e.g., that the distribution of leopard frog populations within a metapopulation is not sufficient to prevent inbreeding depression. An example meeting the Agreement’s reestablishment/distribution criteria); problems at a specific leopard frog population site or sites within the covered area (e.g., colonization by bullfrogs, drought, or extirpation of minor a population); or, the identification of specific management changes opportunities or needs that would not require changes benefit the conservation program (e.g., a stock tank site that, with improvement, could be upgraded from a secondary to this Agreement would be a finding that specific covered species cannot co-exist under certain conditions (requiring that certain community assemblages not be establishedprimary site). The FWS Malpai, the Service, the Committee, and Parties other program cooperators, including Participating Landowners, will work collaboratively to typically address minor ongoing management changesadjustments collaboratively. Nothing in this Agreement prevents the Participants from implementing management activities not described in the AgreementSections 2.5.4 (Required Minimization Measures), as long as such actions maintain the original baseline 2.5.8 (Malpai Conservation Committee), and 2.5.10 (Altered Circumstances) all describe conditions and do not affect the beneficial actions set forth in the Agreement. The Participants will notify the FWS 60 days in advance of any activities likely to result in the loss of species individuals or occupied habitat. The notification will allow the FWS an opportunity to capture and relocate the affected individuals, thereby minimizing the impact of the authorized take. The Participants will try to avoid undertaking any disruptive actions during the breeding season of the covered species that could negatively impact reproductive activities, to minimize the impact of authorized take. If such actions can not be avoided, Parties shall include FWS in the planning of these activities to determine if additional minimization measure may be implemented to reduce impacts on reproduction. Emergency situations such as natural disasters (e.g., hurricanes, excessive rainfall, extreme drought, insect infestations, or epidemic disease) may potentially require initiation of certain ongoing management actions such as salvaging individuals with less than 60 days prior notification. The Participants will notify the FWS within 10 days of discovering such a situation, and will make reasonable accommodations to the FWS for survey and/or relocation of species individuals prior to the action. The Parties acknowledge that survey and translocation may be precluded by certain urgent situations. This Agreement will grant to the FWS, after reasonable prior notice, the right to enter the Participants’ properties for the purpose of ascertaining compliance with the Agreement and for monitoring, surveying, sampling, marking, and in certain circumstances relocating speciesadjustments, as well as other the standards that will be considered in determining the appropriate adjustment or response. Any Adaptive Management revisions or adjustments as described above will need to be consistent with the regulatory assurances described in section 2.9 of the Agreement. Consequently, Adaptive Management modifications that would result in the commitment of funding or conservation measures that may be necessary. In addition, the Participants will complete and submit not identified in this Agreement or an annual report associated Certificate of activities related to species’ management to the FWS, and other reports as required Inclusion by the AgreementMalpai or a Participating Landowner would require the consent of the Malpai or landowner, as applicable.

Adaptive Management. Because of the amount and type of appropriate habitat for the covered species that will be created created, some adaptive management will be needed to determine what the appropriate mix of species is at each aquatic site. This is particularly important import for the Yaqui fish and Chiricahua leopard frog. Adaptive management is the framework in which conservation actions are employed, monitored, and treated as experiments to refine how resources are managed (▇▇▇▇▇▇▇ 1986). Because our state of knowledge regarding the covered species—from their basic life history and ecology to their genetic structure—is insufficient, adaptive management is a useful framework to both enhance species conservation as well as to learn. In some primary habitats, the Parties may establish an aquatic species community composed of certain species, while in another they may establish a different assemblage; evaluating the community outcome provides information as to what management techniques will work, and which will fail. An exact cause may not be known for the outcomes, but the on-the-ground information will be important in determining which species to manage at which sites and in what combinations. Therefore, it is not anticipated that all species will be successful at all re-establishment sites. The adaptive management framework is important for integrating new information as it becomes science makes available. For example, before the 1980s very few land managers practiced active wetland management, but research indicated that varying water levels permit a variety of organisms to co-exist without significant negative impacts to those species for which wetlands were traditionally managed. Adaptive management was applied to wetlands in many areas, and more information was learned while, at the same time, many species benefited. With relation to this Agreement, researchers may find a possible treatment for chytridiomycosis in the laboratory; this treatment, and variations or alternatives, can be applied to Chiricahua leopard frog populations within the covered area. Subsequent biological monitoring, as required by this Agreement, will provide information useful to assess the treatment's efficacy. Because of the benefits offered by adaptive management, its framework shall be incorporated into this Agreement. Two types of adaptive management findings may affect this Agreement: those findings that require a structural change to the Agreement; and those that require minor changes to management techniques. Structural changes may be triggered by new information that is foundational to the concepts underlying this Agreement, such as information indicating that gene flow between populations within the covered area is not sufficient to prevent inbreeding depression. An example of minor management changes that would not require changes to this Agreement would be a finding that specific covered species cannot co-exist under certain conditions (requiring that certain community assemblages not be established). The FWS and Parties will work collaboratively to address minor management changes. Nothing in this Agreement prevents the Participants Participant from implementing management activities not described in the Agreement, as long as such actions maintain the original baseline conditions and do not affect the beneficial actions set forth in the Agreement. The Participants Participant will notify the FWS 60 days in advance of any activities likely to result in the loss of species individuals or occupied habitat. The notification will allow the FWS an opportunity to capture and relocate the affected individuals, thereby minimizing the impact of the authorized take. The Participants Participant will try to avoid undertaking any disruptive actions during the breeding season of the covered species that could negatively impact reproductive activities, to minimize the impact of authorized take. If such actions can not be avoided, Parties shall include FWS in the planning of these activities to determine if additional minimization measure may be implemented to reduce impacts on reproduction. Emergency situations such as natural disasters (e.g., hurricanes, excessive rainfall, extreme drought, insect infestations, or epidemic disease) may require initiation of certain management actions such as salvaging individuals with less than 60 days prior notification. The Participants Participant will notify the FWS within 10 days of discovering such a situation, and will make reasonable accommodations to the FWS for survey and/or relocation of species individuals prior to the action. The Parties acknowledge that survey and translocation may be precluded by certain urgent situations. This Agreement will grant to the FWS, after reasonable prior notice, the right to enter the Participants’ properties Participant's property for the purpose of ascertaining compliance with the Agreement and for monitoring, surveying, sampling, marking, and in certain circumstances relocating species, as well as other measures that may be necessary. In addition, the Participants Participant will complete and submit an annual report of activities related to species’ species management to the FWS, and other reports as required by the Agreement.