Incidental Take Clause Samples

Incidental Take. If the LEPC is listed, any incidental take of the LEPC that results from the Participant’s failure to implement a mandatory avoidance or minimization Conservation Measures will remain authorized by the Permit so long as a Notice of Resolution relating to the Conservation Measure at issue is resolved in accordance with the procedures above.

Incidental Take. The Service’s responsibilities include administering the Endangered Species Act of 1973, as amended (Act). Section 3(19) of the Act defines take to mean harass, harm, pursue, ▇▇▇▇, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Incidental take is defined as take that is incidental to, but not the purpose of, carrying out an otherwise lawful activity. “

Incidental Take. Implementation of covered activities—reintroduction, monitoring, habitat management actions, typical daily land use activities—on enrolled properties has the potential to result in incidental take of covered species. In addition, incidental take of listed covered species could occur because of a landowner returning an enrolled property to baseline conditions. The sections below discuss the potential for incidental take of covered species as a result of implementation of this SHA/CCAA Agreement.

Incidental Take. The authorization for a participating property owner to incidentally take RCWs under this program is contingent upon the property owner’s having maintained their baseline responsibilities for RCW groups and habitat that were present at the time the SHMA was signed. The only take that will be authorized under this Agreement and associated SHMAs is take of above-baseline RCWs. Activities that may result in incidental take include, but are not limited to: (1) Any activities occurring within a cluster during the RCW breeding season; (2) any timber harvesting within a cluster; (3) any timber harvesting within foraging habitat that reduces basal area of pine trees greater than 10 inches DBH below 3000 ft2; (4) application of forest chemicals within a cluster; (5) new road construction within or near a cluster; (6)any new building construction within or near a cluster. It is important to note that such taking may or may not ever occur on an enrolled property and it is unlikely that RCWs would utilize the habitat involved if not for the voluntary management practices of the participating property owner. One of the expectations underlying this Agreement is that, while property owners will be permitted to carry out activities that could result in the take of above-baseline group(s) on their land, property owners, nonetheless, may choose not to engage in such activities or not to do so for many years. An enrolled property owner will be allowed to develop, harvest trees upon, or make any other lawful use of his/her property, even if such use results in the incidental take of above-baseline RCWs or RCW habitat, provided that each of the following qualifications and conditions are met: 1. The enrolled property owner is in total compliance with their SHMA; 2. The enrolled property owner has maintained his/her RCW baseline as specified in the SHMA; 3. The enrolled property owner will only engage in take that is incidental to otherwise lawful activities; 4. The enrolled property owner conducts a supplemental survey immediately (no more than one hundred-eighty (180) days but no less than thirty (30) days) prior to any activity that may result in the incidental taking of above-baseline RCWs or RCW habitat and provides NCWRC with the results of the survey no later than thirty (30) days prior to the commencement of any such activity. Only the specific area that will be treated requires this supplemental RCW survey. However, no surveys will be required within one (1) year of th...

Incidental Take. Thirty spotted owl territories overlap some portion of the Applicants’ land base. Only one site center is located on Applicant’s ownership. All other site centers are located on USFS or WDNR. No spotted owls are currently known to occupy the covered lands. However, because the Applicants commitment to manage their commercial forest lands for a substantially longer rotation than the typical 45-year rotation, and to implement additional conservation measures, it is possible that spotted owls could occupy the covered area in the future. At such, time it is possible that incidental take of spotted owls could occur. Incidental take would likely be in the form of harm from covered forest management activities that result in habitat degradation, and/or harassment from forest management activities that cause disturbance to spotted owls. Incidental take in the form of harassment by disturbance could occur anywhere in the covered area although it is most likely to occur near former spotted owl nest sites, particularly the site located on the covered lands (Site #753). Pre-commercial and commercial thinning will occur in every decade of the Permit term. Harm and harassment could occur during regeneration harvests that will also occur during each decade of the Permit term. The Applicants will perform routine road maintenance and construction activities, including rock pit development that may disturb covered species. The conditions of incidental take are described below.

Incidental Take. ‌ The activities that occur under this Agreement and that occur on this property may result in incidental take of a tortoise or otherwise impact the tortoise population established under this Agreement. The Permittee and their affiliates, and their respective employees, agents, representatives, contractors, guests, and invitees will be authorized to incidentally take the tortoises. The covered property in this Agreement is an active ranch. The Permittee’s activities include management of livestock (bison); development and maintenance of ranch infrastructure required to manage livestock; including the development and maintenance of tanks, roads, and fences; activities related to limited solar energy generation; and activities related to nature tourism, hunting, other recreation, and guest lodging. Any take resulting from these activities should be minimal and is expected to consist mainly of accidentally collapsing ▇▇▇▇▇▇▇ and/or striking/killing tortoises with vehicles. Minimization measures, as described in Section 6 above, will reduce the likelihood of this occurring. If the Permittee undertakes any actions that may be reasonably expected to result in incidental taking of any tortoise, including any activities that will return the property to baseline conditions, they will give the FWS at least 60 days advance notice and provide an opportunity to relocate affected individuals. The Parties will work together to minimize negative impacts to covered species from such actions. Under this Agreement, the Permittee is authorized to make use of the enrolled property in any manner that does not result in reducing the population and/or occupied habitat of the covered species below the baseline condition. The permit, once signed, will authorize incidental take of the covered species that is above the baseline condition of the enrolled property, or alteration of occupied habitat, resulting from lawful activities within the enrolled property, until permit expiration. The Permittee may continue current land-use practices or undertake new ones, even if such use results in the loss of species individuals or their habitat covered under this Agreement. Among the activities the Permittee plans to continue, which in no way shall be considered a limitation on any other activity the Permittee desires to engage in, are the following activities that may result in incidental take of the species: road maintenance, hunting, nature tourism, livestock water tank repairs, bison ranch...

Incidental Take. Under this Agreement, the Landowners and Cooperators are authorized to make use of their respective enrolled property in any manner that does not reduce the baselines in section 3.3 or as amended. The Landowners and Cooperators may continue current land-use practices, undertake new ones, or make any other lawful use of the property and resources, even if such use results in take of the covered species, as long as the baseline is maintained and the activities identified in the Agreement as necessary to achieve a net conservation benefit for the covered species have been carried out by the Landowner or Cooperator making such use. Pursuant to the enhancement of

Incidental Take. In accordance with ESA regulations, the ▇▇▇▇▇▇ will be treated as if it were listed under the ESA, regardless of its current regulatory status. Upon approval of the CCAA, the Service will issue SPI a section 10(a)(1)(A) permit, in accordance with 50 CFR 17.22 (d), that would provide SPI with authorization for incidental take of ▇▇▇▇▇▇ and provide regulatory assurances should the species be listed under the ESA in the future. The permit would authorize incidental take of ▇▇▇▇▇▇ consistent and associated with this CCAA resulting from the otherwise lawful activities, including forest management activities, on the enrolled lands in Butte, Plumas, and Tehama Counties. Covered forest management activities include felling and bucking timber, yarding timber, loading and landing operations, salvage of timber products, transport of timber and rock, road construction and maintenance, rock pit construction and use, site preparation, tree planting, vegetation control, pre-commercial thinning and pruning, collection of minor forest products, grazing, and fire suppression. Covered activities may be conducted by SPI employees, contractors, agents, or other assigns.

Incidental Take. The following incidental take of RCW(s) may be associated with the management actions that the Cooperator has agreed to undertake under this SHMA: Notwithstanding the foregoing, the Cooperator agrees that the proposed activities that may result in incidental take of RCWs will be conducted only during the non-reproductive season (August 1st through March 31st of the following year), unless otherwise authorized by NCWRC.