ASSURANCES PROVIDED. The FWS provides regulatory assurances to the Permit Holder in the associated Section 10(a)(1)(A) Enhancement of Survival Permit supported by this CCAA. Consistent with 50 CFR §17.22(d)(5) and 17.32(d)(5) and the FWS’ Candidate Conservation Agreement with Assurances Final Policy (81 Fed. Reg. at 95,164), if the DSL is listed, the FWS will not require additional Conservation Measures (including conservation measures and actions as described in this CCAA) nor impose additional land, water, or resource-use restrictions, beyond those voluntarily agreed to and described in this Section, as long as the CCAA and CIs are properly implemented. These assurances will be authorized through the Enhancement of Survival Permit, which will become effective if the DSL is listed in the future if the terms of the CCAA has been fully implemented. As described in more detail below, these assurances also apply in the event of Unforeseen Circumstances. FWS may request additional Conservation Measures of the Participants with CIs. However, any such additional Conservation Measures would be voluntary and must be agreed to by the Administrator and the relevant Participant in writing as an amendment to the CI. The Permit, when it becomes effective, will also authorize the incidental take of the species by Participants as long as the take is consistent with the terms of this CCAA and relevant CI, and the CCAA has been fully implemented.
ASSURANCES PROVIDED. Participating landowners will receive assurances that USFWS will not require any additional conservation measures or any additional land, water, or resource use restrictions beyond those voluntarily agreed to and described in the “Conservation Measures” section of this CCAA. These assurances become effective if the xxxxxx is listed as a threatened or endangered species under the ESA during the term of the requested Permit, provided that the CMs and the terms and conditions of the Permit are being fully and completely implemented. Unless otherwise stated, these assurances will be authorized with the issuance of a Section 10(a)(1)(A) Permit to Participating landowners. Non-federal landowners receive assurances by enrolling in the CCAA and agreeing to implement the CMs described in the CCAA.
ASSURANCES PROVIDED. This section will contain standard language that states that the Service, if it approved the CCAA and issues an associated permit, will not require additional conservation measures nor impose additional land, water, or resource use restrictions beyond those voluntarily agreed to and described in the “Conservation Measures” section of the CCAA should the covered species become listed in the future. These assurances are authorized through a section 10(a)(1)(A) enhancement of survival permit, issued under 50 CFR part 17, which will allow the property owner to take individuals of the covered species so long as the take is consistent with the terms of the CCAA. These assurances may apply to a whole parcel of land, or to a portion, as specifically described in the CCAA. This section of the CCAA will also describe the specific level of take authorization that the property owner will receive for the covered species and/or its habitat, and will identify, if possible, the manner in which the take might occur (e.g., mowing, habitat conversion through development, timber harvest). That is, the CCAA must describe in detail the type and level of take that will be permitted and must state that this level of take is consistent with meeting the CCAA standard. The permit will be issued at the time the CCAA is signed, but it will have a delayed effective date tied to the date the covered species is listed. The CCAA’s enhancement of survival permit’s regulatory assurances are tied to the effects of “changed circumstances” and “unforeseen circumstances.” “Changed circumstances” are those changes in circumstances that can reasonably be anticipated and planned for in the CCAA (e.g., fire, flood, drought). “Unforeseen circumstances” are those circumstances affecting a covered species that could not reasonably have been anticipated by the permittee and the Service at the time of the CCAA’s negotiation and development, and that result in a substantial and adverse change in the status of the covered species (e.g., the eruption of Mount St. Helens was not reasonably foreseeable). In the event of changed or unforeseen circumstances, the assurances provided apply to the property owner with an enhancement of survival permit only where the CCAA is being properly implemented and only with respect to the covered species.
ASSURANCES PROVIDED. Upon approval of this CCAA, and satisfaction of all other applicable legal requirements, the Service will issue a Permit in accordance with section 10(a)(1)(A) of the ESA to the NHFGD. If the Service lists the NEC as a threatened or endangered species, the permit will authorize incidental take of NECs by NHFGD and its Cooperators resulting from otherwise-lawful activities on the enrolled lands. The Permit will authorize both incidental take resulting from conservation measures benefitting NEC and from covered, non-conservation activities as described in, and in accordance with, the Permit, this CCAA, and the cooperative agreements. The Service provides Cooperators the ESA regulatory assurances found at 50 CFR 17.22(d)(5), 17.32(d)(5). Consistent with the Service’s CCAA Final Policy (64 FR 32726), conservation measures, take minimization measures, and land, water, or resource use restrictions that are in addition to the measures and restrictions described in this CCAA and the cooperative agreement will not be imposed with respect to the covered land use activities on the Cooperator’s enrolled land should the NEC become listed under the ESA in the future. In the event of unforeseen circumstances, the Service will not require the commitment of additional land, water, or other natural resources beyond the level agreed to in this CCAA and the cooperative agreement. These assurances are limited by the permit suspension and revocation provisions under section 18 of this Agreement.
ASSURANCES PROVIDED. The FWS provides regulatory assurances to Participants through this CCAA and the associated section 10(a)(1)(A) Enhancement of Survival Permit. Consistent with 50 CFR 17.22(d)(5) and 17.32(d)(5) and the FWS’s Candidate Conservation Agreement with Assurances Final Policy (64FR 32,726 (June 17, 1999)), the FWS will not require additional Conservation Measures nor impose additional land, water, or resource-use restrictions, beyond those voluntarily agreed to and described in Section XI. CONSERVATION MEASURES and this Section, as long as the CCAA and CIs are properly implemented. These assurances will be authorized through issuance of the Enhancement of Survival Permit, which will become effective if one or more of the Covered Species is listed in the future. As described in more detail below, these assurances also apply in the event of unforeseen circumstances. The FWS may request additional conservation but because it is voluntary on the part of CEHMM and Participants, consent of CEHMM and the affected Participants must be in writing. The Permit, when it becomes effective, will also authorize the incidental take of the species by Participants as long as the take is consistent with the terms of this CCAA and relevant CI.
ASSURANCES PROVIDED. 2.12.1 Return to Baseline The primary assurance of a Safe Harbor Agreement is the ability to return the enrolled sites back to the baseline condition at the end of a Participant’s commitment. This could be a return to the original acres of potential habitat, number of individuals of the covered species, or as in this Agreement, the number of occupied sites. The process to bring an enrolled site back to baseline will include the following steps, at a minimum:
ASSURANCES PROVIDED. Enrollees who are in full compliance with the terms of this CCAA receive the assurance that, while participating in the CCAA, the USFWS will not require additional land, water, or financial compensation (i.e., conservation measures) or any additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon for the species covered by the CCAA (see Section 9.0). These assurances become effective if the island marble butterfly is listed as a threatened or endangered species under the ESA during the term of the requested Permit, provided that the Conservation Measures and the terms and conditions of the Permit are being properly implemented. Unless otherwise stated, these assurances will be authorized with the issuance of a Section 10(a)(l)(A) Permit to the WDFW. Non-federal landowners receive assurances by enrolling in the program, agreeing to implement the Conservation Measures described in the CCAA, and executing a Certificate of Inclusion with the WDFW.
ASSURANCES PROVIDED. The assurances listed below apply to any Cooperator holding a COI and an approved CA, and thus covered under the section 10(a)(1)(A) permit associated with this Agreement, where the CA is being properly implemented. The assurances apply only with respect to the relict leopard frog.
ASSURANCES PROVIDED. Upon approval of the Agreement and satisfaction of all other applicable legal requirements, the USFWS will issue an enhancement of survival permit, in accordance with Section 10(a)(1)(A) of the ESA, to DLL authorizing specified level of incidental take of the Covered Species should the Covered Species become listed under the ESA. Additionally, USFWS will not require additional conservation measures nor impose additional land, water, or resource use restrictions beyond those voluntarily agreed to and described in Section 5 (Threats, Conservation Measures and Expected Benefits) and Section 10 (Changed and Unforeseen Circumstances) should the Covered Species become listed under the ESA in the future, as long as the permittee is properly implementing this Agreement. The enhancement of survival permit will authorize a specified level of incidental take resulting from Ranch operations and activities as described in “Covered Activities” portion of the Agreement, including the performance of the Conservation Measures identified in Section 5 and responses to Changed Circumstances identified in Section 10 of the Agreement. The USFWS provides DLL the ESA regulatory assurances found at 50 CFR §17.22(d)(5), or §17.32(d)(5).
ASSURANCES PROVIDED. 2.9.1 Anticipated Incidental Take Section 9 of the ESA and Federal regulation prohibits the “take” (i.e., killing, harming, or harassing) of federally listed fish and wildlife species without special exemption. The Chiricahua leopard frog is currently a federally listed Threatened species and is subject to the ESA’s take prohibition, except as exempted under the 4(d) rule included in the decision to list this species. Any incidental take of leopard frogs on Participating Landowner, Participating Neighbor, or Participating State Agency properties, as applicable, that occurs as a result of the landowners’ otherwise lawful activities (section 2.9.2) would be authorized by the “enhancement of survival permit” issued by the Service to Malpai in association with this Agreement, pursuant to section 10(a)(1)(A) of the Act. This permit will be issued at the time the Service approves the Agreement. Incidental take of Chiricahua leopard frogs may occur under this Agreement primarily as a result of three activities: 1) livestock use of enrolled aquatic sites supporting leopard frog populations, or of other ranch properties; 2) aquatic site maintenance and improvement activities at enrolled aquatic sites; and 3) a decision by a Participating Landowner, Participating Neighbor, or Participating State Agency, as applicable, to return any enrolled site or sites on their properties to baseline conditions. As described in section 2.2, under the current listing of the Chiricahua leopard frog as a threatened species, activities listed in number 1) and 2) above are covered on non-federal lands by the 4(d) rule included in the final decision to list this species (65 Federal Register 37343). Take as defined in section 9 as a result of these activities is authorized under the 4(d) rule, unless the Chiricahua leopard frog were reclassified to endangered or the 4(d) rule is invalidated. The discussion of take that follows is in light of the possibility
