Common use of Incidental Take Clause in Contracts

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. 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 landsLCT. Murrelet occupancy has been observed by audio-visual survey for the Diversion Dam parcels (Figure 1-1) but not elsewhere. However, because the Applicants commitment Everett commits to manage their commercial forest lands the LCT for a substantially longer rotation rotations than the typical 45-year rotation, and to implement additional conservation measures, it is possible that spotted owls could these two listed species may occupy other portions of the covered area in the future. Such occupancy would be considered successful implementation of the agreement. At such, such time it is possible that incidental take of the species may occur. During the term of the agreement, management activities will not return the covered lands to the baseline condition. This is because baseline blocks will not be harvested during the term of the agreement and because SSAs, SMAs and enhanced riparian buffers are expected to develop into potential suitable murrelet and/or spotted owls could occurowl habitat. Thus there will always be more than 447 acres of habitat for both the murrelet and spotted owl. 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 owlscovered species. 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)area. Pre-commercial and commercial thinning will likely occur in every decade of the Permit termterm and if in close proximity to the covered species, could potentially cause disturbance. Harm and harassment could occur during regeneration harvests that will also occur during each decade of the Permit term. The Applicants Everett will perform routine road maintenance and construction activities, including rock pit development that development, which may disturb covered species. The conditions of incidental take are further described for each species below.

Incidental Take. Thirty spotted owl territories overlap some portion of the Applicants’ land base. Only one site center is located on Applicant’s Applicants 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.