Common use of Incidental Take Clause in Contracts

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 the baseline survey, unless recruitment clusters have been established in the area that will be affected by the activity then activity status of those clusters must be determined prior to implementation of the activity. 5. The enrolled property owner will engage in the proposed activities that could result in the incidental take of RCWs only during their non-reproductive season (August 1st through March 31st of following year) unless otherwise authorized by NCWRC; and 6. The enrolled property owner will not undertake any activity that could result in incidental take of RCWs until the property owner has provided NCWRC with at least sixty (60) days written notice of the property owner’s intention to conduct such activity in order to allow NCWRC, the Service and/or their respective agents the opportunity to translocate the affected RCW group(s) to a suitable recipient site. The preceding qualifications and conditions will be included in each SHMA. Notwithstanding the minimum 60-day notice requirement in number 6 above, the property owner should provide as much notification to NCWRC as possible. Upon receipt of the property owner’s notice, NCWRC will contact the Service’s Ecological Services Field Office in Raleigh, North Carolina. NCWRC, the Service and/or their agents shall give a coordinated and concerted effort to respond to that notice. However, should NCWRC, the Service and/or their agents fail to respond to the property owner within the 60-day time frame, the property owner may proceed with the proposed activity.

Incidental Take. The authorization for a participating property owner landowner to incidentally take RCWs under this program is contingent upon the property ownerlandowner’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 ownerlandowner. One of the expectations underlying this Agreement is that, while property owners landowners will be permitted to carry out activities that could result in the take of above-baseline group(s) on their land, property ownerslandowners, nonetheless, may choose not to engage in such activities or not to do so for many years. An enrolled property owner landowner 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 landowner is in total compliance with their SHMA; 2. The enrolled property owner landowner has maintained his/her RCW baseline as specified in the SHMA; 3. The enrolled property owner landowner will only engage in take that is incidental to otherwise lawful activities; 4. The enrolled property owner landowner 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 ADCNR-WFF 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 the baseline survey, unless recruitment clusters have been established in the area that will be affected by the activity then activity status of those clusters must be determined prior to implementation of the activity. 5. The enrolled property owner landowner will engage in the proposed activities that could result in the incidental take of RCWs only during their non-reproductive season (August 1st through March 31st of following year) unless otherwise authorized by NCWRCADCNR-WFF; and 6. The enrolled property owner landowner will not undertake any activity that could result in incidental take of RCWs until the property owner landowner has provided NCWRC ADCNR-WFF with at least sixty (60) days written notice of the property ownerlandowner’s intention to conduct such activity in order to allow NCWRCADCNR-WFF, the Service and/or their respective agents the opportunity to translocate the affected RCW group(s) to a suitable recipient site. The preceding qualifications and conditions will be included in each SHMA. Notwithstanding the minimum 60-day notice requirement in number 6 above, the property owner landowner should provide as much notification to NCWRC ADCNR-WFF as possible. Upon receipt of the property ownerlandowner’s notice, NCWRC ADCNR-WFF will contact the Service’s Ecological Services Field Office in RaleighDaphne, North Carolina. NCWRCAlabama.. ADCNR-WFF, the Service and/or their agents shall give a coordinated and concerted effort to respond to that notice. However, should NCWRCADCNR-WFF, the Service and/or their agents fail to respond to the property owner landowner within the 60-day time frame, the property owner landowner may proceed with the proposed activity.

Incidental Take. The authorization for a participating property owner landowner to incidentally take RCWs spotted owls under the Permit associated with this program Agreement is contingent upon the landowner maintaining the agreed upon baseline conditions for spotted owls and their habitat present on the enrolled property owner’s having maintained their baseline responsibilities for RCW groups and habitat that were present at the time the SHMA was Stewardship Agreement and Certificate of Inclusion is signed. The only take that will be authorized under this Agreement and is incidental take of spotted owls associated SHMAs is take with loss of above-baseline RCWshabitat. Activities The voluntary habitat enhancement activities undertaken through this Agreement will likely increase the number of spotted owls and the total area of suitable, actively managed spotted owl nesting, roosting, and foraging habitat in Oregon. Above-baseline habitat would include newly developed habitat that may result in incidental take includedid not exist at the time the landowner enrolled or habitat that existed at the time of enrollment, 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 clusterwas unoccupied by spotted owls. 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 While landowners will be permitted to carry out activities that could result in the incidental take of above-baseline group(s) on spotted owls and their landhabitat, property owners, nonetheless, they may choose not to engage in such activities do so, or not to do so for many years. An enrolled property owner The participating landowner under a Stewardship Agreement and Certificate of Inclusion 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 spotted owls associated with above-baseline RCWs or RCW habitat, provided that each all of the following qualifications and conditions are met: 1. The enrolled property owner is landowner must be in total compliance with their SHMAthe Stewardship Agreement; 2. The enrolled property owner has landowner must have maintained his/her RCW their spotted owl baseline as specified in the SHMAStewardship Agreement; 3. The enrolled property owner will only engage in take that is incidental to otherwise lawful activities;; and 4. The enrolled property owner conducts a supplemental survey immediately (no more than one hundred-eighty (180) days landowner should provide as much advance notification to ODF as possible, but no not less than thirty (30) days) 30 days in advance, prior to any planned activity that which may result in the incidental taking of above-baseline RCWs spotted owls through habitat removal or RCW habitat and provides NCWRC with disturbance. The enrolled landowner must notify ODF at least 30 days in advance, unless an emergency prohibits such advance notification in which case the results of the survey no later than thirty (30) days notification should occur as soon as possible prior to the commencement of any such activity. Only the specific area This only applies to landowners that will be treated requires this supplemental RCW survey. Howeverhave successfully created new (i.e., no surveys will be required within one (1above baseline) year of the baseline survey, unless recruitment clusters have been established in the area that will be affected by the activity then activity status of those clusters must be determined prior to implementation of the activity. 5spotted owl habitat on their property. The enrolled property owner will engage in report to ODF shall include information necessary to assess the proposed activities that could result in the level of incidental take of RCWs only during their non-reproductive season (August 1st through March 31st of following year) unless otherwise authorized by NCWRC; and 6. The enrolled property owner will not undertake any activity that could result in incidental take of RCWs until the property owner has provided NCWRC with at least sixty (60) days written notice of the property owner’s intention to conduct such activity in order to allow NCWRC, the Service and/or their respective agents the opportunity to translocate the affected RCW group(s) to a suitable recipient site. The preceding qualifications and conditions will be included in each SHMA. Notwithstanding the minimum 60-day notice requirement in number 6 above, the property owner should provide as much notification to NCWRC as possible. Upon receipt of the property owner’s notice, NCWRC will contact the Service’s Ecological Services Field Office in Raleigh, North Carolina. NCWRC, the Service and/or their agents shall give a coordinated and concerted effort to respond to that notice. However, should NCWRC, the Service and/or their agents fail to respond to the property owner within the 60-day time frame, the property owner may proceed with is anticipated from the proposed activity. The landowner will not be responsible for loss of spotted owls or their habitat due to actions beyond their control (e.g. fire, wind, etc.).

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 activities that were present at the time the SHMA was signed. The only take that will be authorized occur under this Agreement and associated SHMAs is take of above-baseline RCWs. Activities that occur on this property may result in incidental take includeof a tortoise or otherwise impact the ▇▇▇▇▇▇ tortoise population established under this Agreement. The Permittee and their affiliates, but are not limited to: (1) Any activities occurring within a cluster during and their respective employees, agents, representatives, contractors, guests, and invitees will be authorized to incidentally take 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 clustertortoises. It is important to note that such taking may or may not ever occur on an enrolled The covered 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 in this Agreement is thatan 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, while property owners 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 permitted reasonably expected to carry out result in incidental taking of any tortoise, including any activities that could 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 above-the covered species that is above the 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 condition of the enrolled property owner will be allowed to develop, harvest trees uponproperty, or make any other alteration of occupied habitat, resulting from lawful activities within the enrolled property, until permit expiration. The Permittee may continue current land-use of his/her propertypractices or undertake new ones, even if such use results in the incidental take loss of above-baseline RCWs species individuals or RCW habitattheir habitat covered under this Agreement. Among the activities the Permittee plans to continue, provided that each of which in no way shall be considered a limitation on any other activity the Permittee desires to engage in, are 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 activities 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 the baseline survey, unless recruitment clusters have been established in the area that will be affected by the activity then activity status of those clusters must be determined prior to implementation of the activity. 5. The enrolled property owner will engage in the proposed activities that could result in the incidental take of RCWs only during their non-reproductive season (August 1st through March 31st of following year) unless otherwise authorized by NCWRC; and 6. The enrolled property owner will not undertake any activity that could result in incidental take of RCWs the species: road maintenance, hunting, nature tourism, livestock water tank repairs, bison ranching, fence building and maintenance, guest lodging, and limited solar energy generation. All incidental take, including that related to the return to baseline, should occur before the end of the 50-year Permit term. This Agreement will allow for the natural expansion and contraction of the population only on the Armendaris Ranch. In the unlikely event that a tortoise does leave the ranch premises, efforts will be taken to coordinate with private landowners, in the state of New Mexico, to bring the tortoise back to the introduced population area where it can continue to contribute to conservation efforts. Landowners may contact the Permittee at the Armendaris Ranch headquarters in ▇▇▇▇▇, NM (575-894-6782) of tortoises that may wander on their property. Similar measures may be taken if tortoises wander far from the introduced population area but remain on ranch property. If the tortoise is unretrievable we will consider the individual(s) to be incidentally taken as covered in the EOS permit. Overall, there will be a benefit of retrieving the tortoise since there will be no population outside of the ranch. The maximum number of individuals that can be taken pursuant to this Agreement will be no more than the number of additional individuals above the baseline created through this Agreement. Thus, the net impact of the take authorized under this program is, at the very least, a return to the status quo, and therefore would not negatively impact the species. To return the enrolled property to zero baseline, the Permittee must demonstrate that the activities identified in the Agreement to achieve a net conservation benefit had been conducted. No habitat will be impacted until the property owner Permittee has provided NCWRC with at least sixty (60) days written notice of given the property owner’s intention to conduct such activity in order to allow NCWRC, the Service and/or their respective agents the opportunity to translocate the affected RCW group(s) to FWS a suitable recipient site. The preceding qualifications and conditions will be included in each SHMA. Notwithstanding the minimum 60-day prior notice requirement to relocate any remaining species individuals from the area to be impacted. Other ongoing uses in number 6 abovethe covered area, such as recreation, home repair, maintenance, and improvement not otherwise mentioned above may also result in a small amount of incidental take. If the incidental take associated with these activities can be anticipated, the property owner Permittee should provide as much notification FWS at least 60 days advance notice and provide an opportunity to NCWRC as possiblerelocate affected individuals. Upon receipt of The Parties will work together to minimize negative impacts to covered species from such actions. If the property owner’s noticeincidental take cannot be anticipated and is associated with an otherwise legal activity, NCWRC will contact the Service’s Ecological Services Field Office in Raleigh, North Carolina. NCWRC, the Service and/or their agents shall give a coordinated and concerted effort to respond to that notice. However, should NCWRC, the Service and/or their agents fail to respond incidental take from these activities could occur up to the property owner within number of individuals, population sites, or acres of habitat above the 60-day time frame, the property owner may proceed with the proposed activitybaseline condition.