Common use of Monitoring Provisions Clause in Contracts

Monitoring Provisions. Three types of monitoring will be required for this CCAA: (1) Ascertaining general compliance for those CI’s which secure habitat only; (2) Monitoring of treatment actions for each CI that includes treatment; and (3) Assessing the overall habitat status of each population of Gunnison Sage-grouse for the CCAA. By taking these steps, the assumption is that what is good for Sage- grouse habitat is good for Sage-grouse. Direct links to Sage-grouse population increases from habitat improvement projects is difficult to assess due to other non-habitat related factors that influence population numbers (for instance: predation, disease, permanent habitat loss/conversion elsewhere in the population, etc.). The following protocols are required for each type of monitoring. Note that activities may be performed by approved contractors, but the named parties are ultimately responsible for monitoring. (1) General CI Compliance - These monitoring activities are required for Type 1 or Type 2 CIs: a. Annual CDOW contact with landowners and a site visit by a CDOW employee. b. Annual review of the baseline documentation for maintenance of the habitat conditions that were documented at the time the CI was approved. A report will be completed by CDOW and provided to the landowner. c. New photographs of photopoints from the baseline report will be taken at least every three years by CDOW. If noticeable changes are seen during a site visit, photos will be taken more frequently. In addition, the landowner will be queried as to what caused the change, if not apparent, and asked if he/she would be willing to conduct habitat treatments to enhance the habitat if caused by factors outside the landowner’s control. d. Non-compliance by landowners with any of the terms of the CI will be reported immediately to CDOW and the Service. Also any significant change in habitat conditions regardless of cause will also be reported. An investigation of the facts will determine if further review is necessary, if amending monitoring or management protocols is necessary, or CI revocation or suspension is needed. e. If it is determined that further review is necessary, a review team will be assembled, that will include, at a minimum, CDOW and USFWS personnel as well as the landowner, and a full review will be completed. A report will be filed with the Service, with recommended action potentially including more rigorous monitoring, enforcement of the terms of the CI, habitat treatments, or revocation of the CI. (2) Treatment Monitoring - These monitoring activities are required for Type 2 CI's that include lands for which a habitat treatment is necessary to improve the habitat quality. a. Annual CDOW contact with landowners and a site visit by a CDOW employee. b. A baseline report must be developed by CDOW before treatment is applied. Fixed photo points will be established in this report that will be used for future evaluation of the effectiveness of treatment. c. A post-treatment evaluation based on appropriate monitoring protocols will be conducted by CDOW either annually or at a periodic basis of two, three or five years, depending on the treatment type. d. Post-treatment evaluation reports will include a general assessment of conditions and progress, and will be provided by CDOW to the landowner as well as to the Service through the annual report.