BASELINE DETERMINATION. Before landowners can enroll properties under this Agreement, they will work directly with EDF to complete a habitat assessment of each property to be enrolled and develop a corresponding Cooperative Agreement. Habitat assessments will be used to help determine the baseline characteristics of the properties to be enrolled. EDF may partner with other qualified entities to conduct baseline habitat assessments. In all cases, a property will be enrolled in the Agreement only after both EDF and the Service concur with the baseline determination. If the Service does not concur with a baseline assessment for a property, that property may not be enrolled in the Agreement. Baseline will consist of (1) habitat conditions (e.g., vegetation, aquatic habitat, and soils) as determined through the habitat assessment, and (2) land management practices on each property prior to the time of enrollment. Habitat characteristics and other property features will be documented on a map that will be attached to the corresponding Cooperative Agreement. Habitat conditions and land management practices will be determined and quantified as described below. Habitats will be assessed on each enrolled property to determine their suitability for Houston toads. The information listed below will be incorporated into a check-list in the Cooperative Agreement to establish environmental baseline for each property to be enrolled. Known history, presence, and reproductive activity of the Houston toad on the property (including survey reports with positive and negative results, if available) Potential breeding pond characteristics including size, depth, slope, vegetation conditions, and distance to nearby forest or woodland Aquatic species present in ponds including the presence of predatory fish, insects, and amphibian species Water quality status including eutrophication (i.e., a condition that occurs when water bodies receive excess nutrients that stimulate excessive plant growth, which leads to reduced oxygen levels and the death of other aquatic organisms) or other water quality conditions that could be detrimental to the development of Houston toad tadpoles Vegetation conditions characterizing the structure, composition, and extent of all vegetation types present including canopy cover, density, and ground layer conditions with an explanation of the sampling methods used to determine suitability in different habitat areas on the property Soil conditions characterizing the structure, texture, and consistency of soil types present on the property (e.g., deep ▇▇▇▇▇ soils that are loose or friable or soils that contain more clay particles than sand) Land management practices will be described in each Cooperative Agreement. These practices may include, but are not limited to the following: Livestock management activities including size of herd, grazing regime, and cattle water source locations Hunting activities Silviculture (forestry) activities Fence line, road, and facilities maintenance activities Pesticide/herbicide use and treatment regimes Water management including pond maintenance, dam maintenance, and water level management Prescribed burning activities Locations of buildings, other permanent structures, and paved surfaces The habitat assessment and development of the Cooperative Agreement will take place within the year prior to enrollment. The date at which the assessment is completed shall serve as the effective date of baseline conditions. EDF will provide copies of the draft Cooperative Agreements to the Service to review, comment, and concur on the baseline determination and recommended conservation activities. The Service will make every effort to respond to EDF within 20 business days of receiving a baseline assessment. The Service must concur with the proposed baseline determination before a landowner is enrolled under this Agreement. EDF will also make available to the Service, upon request, other records and materials related to the implementation of the Agreement. Upon the finalization of a Cooperative Agreement between the landowner and EDF, with the concurrence of the Service on the baseline determination, EDF will then issue a certificate of inclusion to the landowner. A property will be considered enrolled under this Agreement only after a landowner has received his/her certificate of inclusion. The certificate of inclusion will document the landowner’s participation in this Agreement and convey incidental take authorization and safe harbor assurances from the permit held by EDF to the certificate’s recipient. Under this Agreement, a landowner may return his or her property to baseline conditions upon the expiration of a Cooperative Agreement and before the expiration of the associated Permit. Once a property is returned to its baseline conditions, the landowner is no longer covered for incidental take of Houston toads under this Agreement. Alternatively, at the end of the management period specified within the Cooperative Agreement, and before the expiration of EDF’s Permit, a landowner may renew his or her Cooperative Agreement with EDF. This is not a “zero baseline” Agreement. Baseline determinations will not include the number of Houston toads known to occur on the enrolled property, degree of reproductive activity, or other specific measures related to Houston toad populations. Therefore, returning to baseline conditions will be measured with regard to habitat rather than the presence or absence of Houston toads following return-to-baseline activities. Returning an enrolled property to baseline conditions would only constitute the following: (1) stopping conservation activities (e.g., brush management, prescribed burning activities), (2) removing enhancements (e.g., exclusion fencing around a pond), (3) returning the enrolled property to its baseline habitat conditions, and (4) returning to previous property management practices. It is important to note that if a participating landowner chooses to reintroduce Houston toads on his/her property during their enrollment in the Agreement, there is no guarantee that all or any of the Houston toads that have been released on the property will or can be captured or removed before the Permit’s expiration. Therefore, the Service will not authorize the removal of reintroduced or headstarted Houston toads as a return-to-baseline activity. Because not all of the Houston toads that are reintroduced on a property can subsequently be removed, the risk for “incidental take” of the species may continue after the Permit’s expiration, unless EDF chooses to renew its Permit. Other restrictions on returning properties to baseline conditions include the following: Under no circumstances will a landowner be authorized to purposefully take (e.g., intentionally kill, injure, capture, or transport) a Houston toad in an effort to return the property to baseline conditions or for any other purpose. Landowners will notify EDF and the Service prior to the breeding season before they plan to return the property to its baseline conditions. Landowners will also allow EDF and the Service access to enrolled properties to capture Houston toads and move them off the property, if the Service considers this to be advantageous for Houston toad conservation. Activities designed to return a property to its baseline conditions will take place between July 1 and December 31 (outside of the Houston toad breeding season and emergence period), when Houston toads are less active. To be covered for incidental take of Houston toads, returning a property to its baseline conditions must be completed within the 30-year term of EDF’s Permit. Cooperative Agreements may be extended if EDF’s Permit is renewed under this Agreement, and if that renewal allows for such extension. Returning enrolled properties to baseline conditions is subject to EDF’s right to terminate Cooperative Agreements pursuant to section 10.B, “Termination of Cooperative Agreements” of this document.
Appears in 1 contract
Sources: Safe Harbor Agreement
BASELINE DETERMINATION. Before landowners can enroll properties under Pursuant to this Cooperative Agreement, they will work directly with EDF the Cooperator agrees to complete a carry out or allow EDF’s authorized representatives to carry out, the specific habitat assessment of each property to be enrolled and develop a corresponding Cooperative Agreement. Habitat assessments will be used to help determine the baseline characteristics of the properties to be enrolled. EDF may partner with other qualified entities to conduct baseline habitat assessments. In all cases, a property will be enrolled in the Agreement only after both EDF and the Service concur with the baseline determination. If the Service does not concur with a baseline assessment for a property, that property may not be enrolled in the Agreement. Baseline will consist of (1) habitat conditions (e.g., vegetation, aquatic habitat, and soils) as determined through the habitat assessment, and (2) land management practices on each property prior to the time of enrollment. Habitat characteristics and other property features will be documented on a map that will be attached to the corresponding Cooperative Agreement. Habitat conditions and land management practices will be determined and quantified as described below. Habitats will Based upon site surveys conducted on the Cooperator’s property on (insert dates) the following has been determined:
A. Baseline determination for the Safe Harbor Agreement – This determination shall include a description of baseline conditions and how they were measured. Baseline conditions should be assessed described on each any part of the property where incidental take is likely to occur due to the conservation activities on an adjacent or nearby property enrolled property to determine their suitability for Houston toads. The information listed below will be incorporated into a check-list in the Cooperative Agreement Safe Harbor Agreement.
1. Habitat conditions – Baseline vegetation conditions shall be surveyed across the ranch sufficient to establish environmental characterize the structure, composition, and extent (in acreage) of all vegetation types present. Other baseline for each property to habitat conditions shall be enrolleddescribed. This description will include the following characteristics: Known history, presence, and reproductive activity of the Houston toad on the property (including survey reports with positive and negative results, if available) available Potential breeding pond characteristics including size, depth, slope, vegetation conditions, conditions and distance to nearby forest or woodland Aquatic species present in ponds including the presence of predatory fish, insectsinsect, and amphibian species Water quality status including eutrophication (i.e., a condition that occurs when water bodies receive excess nutrients that stimulate excessive plant growth, which leads to reduced oxygen levels and the death of other aquatic organisms) or other water quality conditions that could be detrimental to the development of Houston toad tadpoles Vegetation Current vegetation conditions characterizing the structure, composition, and extent of all vegetation types present including canopy cover, density, and ground layer conditions with an explanation of the sampling methods used to determine suitability in different habitat areas on the property Soil conditions characterizing the structure, texture, and consistency of soil types present on the property (e.g., deep ▇▇▇▇▇ soils that are loose or friable or soils that contain more clay particles than sand) )
2. Land management practices – Land management practices will be described in each Cooperative Agreementconsidered part of the baseline and shall be described. These practices may include, but are not limited to This description will include the followingfollowing practices: Livestock management activities including size of herd, grazing regime, and cattle water source locations Hunting activities Silviculture (forestry) activities Fence line, road, and facilities maintenance activities Pesticide/herbicide use and treatment regimes Water management including pond maintenance, dam maintenance, and water level management Prescribed burning activities Locations of buildings, other permanent structures, and paved surfaces The habitat assessment and development surfaces
3. Amount of the Cooperative Agreement will acreage to be enrolled (should include areas where incidental take place within the year prior could occur due to enrollment. The date at which the assessment is completed shall serve as the effective date of baseline conditions. EDF will provide copies of the draft Cooperative Agreements to the Service to review, comment, and concur conservation activities on the baseline determination and recommended conservation activities. The Service will make every effort to respond to EDF within 20 business days of receiving adjacent or nearby properties covered under a baseline assessment. The Service must concur with the proposed baseline determination before a landowner is Safe Harbor Agreement) – Cooperator’s enrolled under this Agreement. EDF will also make available to the Service, upon request, other records and materials related to the implementation of the Agreement. Upon the finalization of a Cooperative Agreement between the landowner and EDF, with the concurrence of the Service on the baseline determination, EDF will then issue a certificate of inclusion to the landowner. A property will be considered enrolled under this Agreement only after delineated on a landowner has received his/her certificate of inclusion. The certificate of inclusion will document the landowner’s participation in this Agreement map and convey incidental take authorization and safe harbor assurances from the permit held by EDF attached to the certificate’s recipientCooperative Agreement. Under this Agreement, a landowner may return his or her property to baseline conditions upon the expiration of a Cooperative Agreement and before the expiration of the associated Permit. Once a property is returned to its baseline conditions, the landowner is no longer covered for incidental Incidental take of Houston toads under is not covered or authorized by this Agreement. Alternatively, at the end of the management period specified within the Cooperative Agreement, and before the expiration of EDF’s Permit, a landowner may renew his Permit or her Cooperative Agreement with EDF. This is not a “zero baseline” Agreement. Baseline determinations will not include the number of Houston toads known to occur on the enrolled property, degree of reproductive activity, or other specific measures related to Houston toad populations. Therefore, returning to baseline conditions will be measured with regard to habitat rather than the presence or absence of Houston toads following return-to-baseline activities. Returning an enrolled property to baseline conditions would only constitute the following: (1) stopping conservation activities (e.g., brush management, prescribed burning activities), (2) removing enhancements (e.g., exclusion fencing around a pond), (3) returning the enrolled property to its baseline habitat conditions, and (4) returning to previous property management practices. It is important to note that if a participating landowner chooses to reintroduce Houston toads on his/her property during their enrollment in the Agreement, there is no guarantee that all or any of the Houston toads that have been released on the property will or can be captured or removed before the Permit’s expiration. Therefore, the Service will not authorize the removal of reintroduced or headstarted Houston toads as a return-to-baseline activity. Because not all of the Houston toads areas that are reintroduced on a property can subsequently be removed, the risk for not specifically designated as “incidental takeenrolled” of the property.
B. Other federally listed species may continue after the Permit’s expiration, unless EDF chooses to renew its Permit. Other restrictions on returning properties to baseline conditions include the following: Under no circumstances will a landowner be authorized to purposefully take (e.g., intentionally kill, injure, capture, or transport) a Houston toad in an effort to return the property to baseline conditions or for any other purpose. Landowners will notify EDF and the Service prior to the breeding season before they plan to return the property to its baseline conditions. Landowners will also allow EDF and the Service access to enrolled properties to capture Houston toads and move them off the property, if the Service considers this to be advantageous for Houston toad conservation. Activities designed to return a property to its baseline conditions will take place between July 1 and December 31 (outside of the Houston toad breeding season and emergence period), when Houston toads are less active. To be covered for habitat – No incidental take of Houston toads, returning a property to its baseline conditions must be completed within these or other species is authorized or permitted under the 30-year term of EDF’s Permit. Safe Harbor Agreement or this Cooperative Agreements may be extended if EDF’s Permit is renewed under this Agreement, and if that renewal allows for such extension. Returning enrolled properties to baseline conditions is subject to EDF’s right to terminate Cooperative Agreements pursuant to section 10.B, “Termination of Cooperative Agreements” of this document.
Appears in 1 contract
Sources: Safe Harbor Agreement