Return to Baseline Conditions Clause Samples

Return to Baseline Conditions. A Cooperator in the SHA may return the enrolled property to its baseline conditions through any legal means, provided the conditions outlined in Section 15.2, Termination of a Landowner Agreement or Neighboring Landowner Agreement by a Cooperator, are met. A return to baseline conditions may include KDWP removing the reintroduced species from the property (with or without a request from the Cooperator to do so), a cessation of habitat management actions, or reinitiation of a legal, but curtailed or ceased, land management activity. A request for a return to baseline conditions is expected to be rare. If it does occur, it is expected to be a return to baseline habitat or land use conditions rather than a request to return the population to baseline conditions.

Return to Baseline Conditions. For this Agreement, “return to baseline conditions” means returning the southwestern willow flycatcher population back to the baseline of zero and returning the number of woody riparian trees back to the baseline of 100 individual or clumps of trees. The Cooperator reserves the right to take the Enrolled Lands back to baseline conditions at the end of this agreement. The Safe Harbor program allows for early termination of Agreements under certain circumstances (see Part 12). Therefore, the Agreement can be terminated prior to the expiration date and the Cooperator can return the land to baseline conditions even if the expected ‘net conservation benefits’ have not been realized. However, the purpose of this Agreement is to restore and enhance riparian habitat for the listed species to a more naturally occurring condition. The Cooperator has stated that are no plans for removing the plantings or fencing in the future. If the landowner chooses to return the restored habitat to baseline conditions and habitat improvements have resulted in occupancy by any of the covered species, taking may occur. The Service requests reasonable advance written notice of 60 days minimum, if possible, for the opportunity to relocate affected, listed species. Two possible activities have been identified that would cause the property to return to baseline conditions. One activity would be fire abatement actions to protect lives and property. This area of Arizona has experienced drought conditions for several years. The nearest town for fire assistance is Springerville which is 15 miles northwest of the EC Bar Ranch. Due to this distance, the Cooperator may need to reduce vegetation around his property to minimize Another activity is a change to the current land use of cattle grazing and agriculture to a use that regards riparian habitat as low value. Land use change could occur due to economic reasons forcing the Cooperator to change from ranching to some other activity to generate income. Other land use activities could include leasing or selling a portion of the property for a home site.

Return to Baseline Conditions. The Permit would authorize the Tribe, and persons conducting activities on behalf of the Tribe, to incidentally take individuals of the ▇▇▇▇▇ pupfish and their progeny as a result of activities associated with the return to Baseline conditions. The Baseline conditions are described in Part 4 of this Agreement and consist of (1) the Baseline area for suitable habitat and (2) the elevated Baseline for species presence. Because the Baseline area has been determined as the current area of suitable habitat for ▇▇▇▇▇ pupfish - Pond 1, activities that would result in a return to Baseline area could include those activities that would reduce or remove any additional suitable habitat that has been created or developed over the term of the Agreement, in addition to Pond 1 (i.e., reduction or removal of the intended future Pond 2). A return to the Baseline area could entail altering (the future) Pond 2 to a condition that would no longer provide suitable habitat for ▇▇▇▇▇ pupfish, such as ceasing the supply of water or removal of habitat, or could include bulldozing and filling the pond. Incidental take of ▇▇▇▇▇ pupfish (including adults, juveniles, larvae, and eggs) could occur, as a result of the return to the Baseline area at the Enrolled Property, in the form of direct mortality or injury to ▇▇▇▇▇ pupfish through habitat loss, suffocation, desiccation, exposure, stranding, entrainment, digging, planting, cutting, or trampling by the Tribe or persons associated with the Tribe. The Permit would authorize the incidental take of all ▇▇▇▇▇ pupfish outside the Baseline area that could result from activities associated with the return to Baseline area. The Permit would not authorize incidental take of ▇▇▇▇▇ pupfish within the Baseline area based on activities associated with the return to Baseline conditions. For instance, if ▇▇▇▇▇ pupfish are occupying Pond 1 at the end of the Permit term, there should be no alteration to that habitat or to the population in Pond 1 involved with return to Baseline, and thus no incidental take. But if ▇▇▇▇▇ pupfish are occupying Pond 2 at the end of the Permit term, which could be destroyed as a result of return to Baseline, there could be incidental take relating to the capture and relocation of ▇▇▇▇▇ pupfish from Pond 2 to Pond 1. Because the elevated Baseline for ▇▇▇▇▇ pupfish consists of its suitable habitat being occupied by a self-sustaining population of the species at the COSA, a return to Baseline could result in the removal of...