Common use of Adaptive Management Clause in Contracts

Adaptive Management. ‌ This CCAA is based on the principles of Adaptive Management set out in 65 Fed. Reg. at 35,242. The adaptive management process is a structured approach for dealing with uncertainty. The adaptive management process develops hypotheses regarding uncertainty and research to test those hypotheses in an iterative process to develop effective strategies for minimizing the uncertainty. The signatories to this CCAA agree and recognize that implementation of the Conservation Strategy objectives and criteria, Conservation Measures and Actions, and the Covered Area may change as new science emerges. The effectiveness of the Conservation Strategy objectives and criteria, Conservation Measures, Conservation Actions, monitoring methods, and new technologies will be reviewed by the Administrator on an annual basis, with input from the Adaptive Management Committee. The Adaptive Management Committee will be responsible for reviewing and evaluating the effectiveness of Conservation Program under the 2020 DSL CCAA as described in Sections 2.0 and 16.1, including the effectiveness and implementation of the Conservation Strategy, Conservation Measures and Conservation Actions; setting priorities for DSL Habitat conservation and monitoring habitat loss; and recommending changes to any aspect of the Conservation Program based on new science. As a result, appropriate modifications to the Conservation Measures and Actions may be incorporated to further refine the goals and objectives of this 2020 DSL CCAA. Such modifications are incorporated into existing CIs, if they were identified in changed circumstances in the 2020 DSL CCAA. Modifications not related to changed circumstances identified in the 2020 DSL CCAA and instead related to unforeseen circumstances may be incorporated into new CIs that take effect after the modifications have been made and to existing CIs only with written consent from the Participants and Service. Additionally, research projects that are designed to determine the effectiveness of management practices will be encouraged and utilized to determine what Adaptive Management is necessary. Changes resulting from Adaptive Management will flow through the Governance structure as described in Section 2.0 of this CCAA.

Adaptive Management. ‌ This CCAA is based on the principles of Adaptive Management set out in 65 Fed. Reg. at 35,242incorporates adaptive management principles. The adaptive management process CCAA is a structured approach for dealing intended to align with uncertainty. The adaptive management process develops hypotheses regarding uncertainty and research to test those hypotheses in an iterative process to develop effective strategies for minimizing the uncertainty. The signatories to this CCAA agree and recognize that complement implementation of the Conservation Strategy objectives and criteria, Conservation Measures and Actions, and the Covered Area may change as new science emergesRWP. The effectiveness RWP contemplates that elements of the Conservation Strategy objectives and criteria, Conservation Measures, Conservation Actions, monitoring methods, and new technologies its conservation strategy will be reviewed by the Administrator on an annual basis, with input from the Adaptive Management Committee. The Adaptive Management Committee will be responsible for reviewing and evaluating the effectiveness of Conservation Program under the 2020 DSL CCAA evaluated periodically as described in Sections 2.0 and 16.1, including Table 1. The process for identifying changes to the effectiveness and implementation RWP conservation strategy resulting from adaptive management is outlined on pages 116 through 121 of the Conservation Strategy, Conservation Measures and Conservation Actions; setting priorities for DSL Habitat conservation and monitoring habitat loss; and recommending changes to any aspect RWP. Changes identified through evaluation of the Conservation Program based on new science. As a result, appropriate modifications to the Conservation Measures and Actions may be incorporated to further refine the goals and objectives of this 2020 DSL CCAA. Such modifications elements described in Table 1 are incorporated into existing CIs, if they were identified in considered changed circumstances in the 2020 DSL CCAA. Modifications not related to changed circumstances identified in the 2020 DSL CCAA and instead related to unforeseen circumstances may be incorporated into new CIs that take effect after the modifications have been made and to existing CIs only with written consent from the Participants and Service. Additionally, research projects that are designed to determine the effectiveness of management practices will be encouraged and utilized to determine what Adaptive Management is necessary. Changes resulting from Adaptive Management will flow through the Governance structure as described in Section 2.0 XVI of this CCAA (Assurances Provided) and affect implementation of the CCAA by adjusting Conservation Measures and/or Mitigation Fees. New or changed conservation measures may be applied to new CIs, additional lands to be enrolled under existing CIs prior to listing, and existing Enrolled Property in existing CIs; however, new or changed conservation measures may only be applied to existing Enrolled Property by amending CIs in accordance with the procedures described in Section XXII of this CCAA (Modification of the CCAA and Amendment of the Permit) and Section VIII of the CI in Appendix C of this CCAA.. Mitigation Fees may be adjusted in accordance with the provisions in Appendix A of this CCAA and Exhibit B to the CI. Table 1. Identified activities or situations that will trigger the adaptive management process or a specific conservation action. This table is found on pages 118–121 of the October 2013 RWP. Evaluated Element Utilized Information Trigger(s) Evaluation Frequency Primary Corrective Action(s) Considered Spatial Scale Anticipated Response Administrative Fee Stability of administrative endowment using figures contained within the WAFWA financial report Balance in the administrative endowment is not being sustained Annually Administrative fee is increased from 12.5% Range-wide Administrative fee is increased to ensure a non-wasting endowment for administrative services Individual technical service provider compliance Reports submitted by technical service providers Provider is not in full compliance WAFWA reporting standards Annually Issue non- compliance warning with corrective measures, removal of certification Range-wide Provider corrects error and comes into full compliance Evaluated Element Utilized Information Trigger(s) Evaluation Frequency Primary Corrective Action(s) Considered Spatial Scale Anticipated Response Population size 3-year average breeding population estimates derived from aerial survey and population reconstruction (pre-2012) 3-year moving average less than 50% of population goal Annually A discussion would be triggered with the science team to identify the cause of the low population. Potential corrective actions that could be taken starting in 2016 would include reprioritization of conservation actions when evaluating landowner offers and adjustment of mitigation multipliers and ratios Ecoregion and range- wide Populations recover above 50% of goal and trajectory is sufficient for bird numbers to reach or exceed goals after 10 years of plan implementation Conservation practice costs USDA estimated practice costs WAFWA practice cost figures differ from USDA estimated costs Annually Fee structure working group reviews practice costs and recommends changes if necessary Ecoregion WAFWA payment rates adjusted to correlate with USDA practice cost estimates Emerging science Peer-reviewed literature New peer- reviewed articles pertaining to aspects of the conservation strategy, the mitigation framework, or conservation practices become available Annually Science team reviews materials and recommends changes if necessary Ecoregion and range- wide Conservation strategy, mitigation framework, and/or conservation practices modified to conform with the best available science Tangible mitigation unit offset ratio (not acreage) Enrolled offset and impacts units presented in WAFWA affected acreage report Observed offset and impact unit ratio differs from planned figure (initially 2:1) Annually Adjust offset ratios, increase landowner outreach efforts, adjust landowner sign-up schedule and associated allocation amounts Ecoregion Observed offset and impact unit ratio moves toward planned figure (initially 2:1)

Adaptive Management. ‌ This CCAA is based on the principles of Adaptive Management set out in 65 Fed. Reg. at 35,242. The adaptive management process is a structured approach for dealing with uncertainty. The adaptive management process develops hypotheses regarding uncertainty and research to test those hypotheses in an iterative process to develop effective strategies for minimizing the uncertainty. The signatories to this CCAA agree and recognize that implementation of the Conservation Strategy objectives and criteria, Conservation Measures and Actions, and the Covered Area may change as new science emerges. The effectiveness of the Conservation Strategy objectives and criteria, Conservation Measures, Conservation Actions, monitoring methods, and new technologies will be reviewed by the Administrator on an annual basis, with input from the Adaptive Management Committee. The Adaptive Management Committee will be responsible for reviewing and evaluating the effectiveness of Conservation Program under the 2020 DSL CCAA as described in Sections 2.0 and 16.1, including the effectiveness and implementation of the Conservation Strategy, Conservation Measures and Conservation Actions; setting priorities for DSL Habitat conservation conservation; monitoring the amount, location, and monitoring rate of habitat loss; and recommending changes to any aspect of the Conservation Program based on new science. As a result, appropriate modifications to the Conservation Measures and Actions may be incorporated to further refine the goals and objectives of this 2020 DSL CCAA. Such modifications are incorporated into existing CIs, if they were identified in changed circumstances in the 2020 DSL CCAA. Modifications not related to changed circumstances identified in the 2020 DSL CCAA and instead related to unforeseen circumstances may be incorporated into new CIs that take effect after the modifications have been made and to existing CIs only with written consent from the Participants and Service. Additionally, research projects that are designed to determine the effectiveness of management practices will be encouraged and utilized to determine what Adaptive Management is necessary. Changes resulting from Adaptive Management will flow through the Governance structure as described in Section 2.0 of this CCAA.