Common use of BASELINE RESPONSIBILITIES Clause in Contracts

BASELINE RESPONSIBILITIES. The baseline for this property is set at 2,394 acres of forested habitat suitable for nesting, foraging, and sheltering by northern spotted owls (reference map is attached to this Landowner Cooperative Agreement; see Figure 1). Specifically, based primarily on tree size, basal area, and canopy cover, the entire 2,394-acre property has been categorized as northern spotted owl nesting/roosting habitat. A summary of the stand inventory data for each management unit is included in Appendix A, outlining the basal area for conifers and hardwoods, percentage of species, and volume and percentage of tree size classes. Northern spotted owl nocturnal detections and at least one daytime roost location have occurred on ▇▇▇▇▇ Ranch in association with territories MEN637 and/or MEN077, including detections in 1992, 2001, 2007, and 2008. The unit on the ▇▇▇▇▇ Ranch that contained an alternative activity center for MEN637 was harvested in the mid to late 1990s and 2000s. Fire from the Mendocino Complex burned habitat used by MEN637 in 2008. Since 2008, MEN637 was detected in 2011 on the adjoining property, and MEN077 was detected in 2010, 2015, and 2017. The territories have not been occupied at the same time. In addition to MEN673 / MEN077, northern spotted owl territory MEN0455 has a historical activity center located within 0.1 mile of the ▇▇▇▇▇ Ranch property, south of ▇▇▇ Springs Road at the following geographic location (in decimal degrees, NAD83): 39.23756 latitude, -123.43879 longitude. Since no nest trees for MEN0455, MEN637, and MEN077 are known to occur within the boundaries of the ▇▇▇▇▇ Ranch property, nest tree activity centers are not considered part of the SHA baseline. In coast redwood forests, suitable northern spotted owl nests typically occur in older, larger trees, and/or trees with defects such as cavities, or platforms formed by mistletoe infections. Trees with these characteristics have been observed in stands that contain trees as young as 40 years old. Although northern spotted owl territories MEN637, MEN077, and MEN0455 are not receiving activity center protections on ▇▇▇▇▇ Ranch as of the start of the SHA permit term, any northern spotted owl nest tree(s) found on the ▇▇▇▇▇ Ranch property subsequent to the issuance of the permit for the SHA will be considered to have been suitable (but not known) at the start of the SHA permit term. Therefore, any nest tree(s) located after the start of the SHA permit term will be considered retroactively part of the baseline. Any northern spotted owl nest tree(s) found off the ▇▇▇▇▇ Ranch property that are associated with northern spotted owl territories with activity on the ▇▇▇▇▇ Ranch subsequent to the issuance of the permit for the SHA will not be considered retroactively part of the baseline. “Force majeure” events such as severe storms, severe drought, fires, or insect/disease epidemics are beyond the reasonable control of the Cooperator. Such events could either extirpate northern spotted owl from the Enrolled Lands or render northern spotted owl habitat on enrolled lands unsuitable for continued occupation. These events may reduce northern spotted owl numbers or habitat below original baseline conditions through no fault of or negligence of the Cooperator. In such circumstances the Cooperator, the Permittee or Registered Professional Forester (RPF) holding the permit, the Service, and the California Department of Fish and Wildlife (since northern spotted owl is also State listed) may agree to coordinate and revise the Cooperative Agreement’s baseline conditions to reflect the new circumstances.

BASELINE RESPONSIBILITIES. The baseline for this property is set at 2,394 2,363 acres of forested habitat suitable for nesting, foragingsheltering, and sheltering foraging by northern spotted owls (reference map is attached to this Landowner Cooperative Agreement; see Figure 1). Specifically, based primarily on tree size, basal area, and canopy cover, the entire 2,3942,363-acre property has been categorized as northern spotted owl nesting/roosting habitat. A summary of the stand inventory data for each management unit is included in Appendix A, A outlining the basal area for conifers and hardwoods, percentage of species, and volume and percentage of tree size classes. Northern spotted owl nocturnal detections and at least There is one daytime roost location have occurred on ▇▇▇▇▇ Ranch in association with territories MEN637 and/or MEN077, including detections in 1992, 2001, 2007, and 2008. The unit on the ▇▇▇▇▇ Ranch that contained an alternative activity center for MEN637 was harvested in the mid to late 1990s and 2000s. Fire from the Mendocino Complex burned habitat used by MEN637 in 2008. Since 2008, MEN637 was detected in 2011 on the adjoining property, and MEN077 was detected in 2010, 2015, and 2017. The territories have not been occupied at the same time. In addition to MEN673 / MEN077, known northern spotted owl territory MEN0455 has a historical (MEN0655) with an activity center located within 0.1 mile on the Bradford Ranch at the start of the ▇▇▇▇▇ Ranch property, south of ▇▇▇ Springs Road SHA permit term. The territory was discovered in 2017 (two adults and two fledged chicks) and occurs in an area selectively harvested in 2004. The northern spotted owl territory is centered on a residual coast redwood (Sequoia sempervirens) tree located at the following geographic location (in decimal degrees, NAD83NAD84): 39.23756 38.98594 latitude, -123.43879 longitude-123.41049. Since There are no nest trees for MEN0455, MEN637, and MEN077 are other known to occur NSO territories with activity centers located within the boundaries of Bradford Ranch NTMP at the ▇▇▇▇▇ Ranch property, nest tree activity centers are not considered part start of the SHA baselinepermit term. There is one northern spotted owl territory (MEN0604) with an activity center located approximately 0.12-mile from the Bradford Ranch property at the start of the SHA permit term. The 2017 activity center for MEN0604 is located at the following geographic location (in decimal degrees, NAD84): 38.958644 latitude, -123.383076 longitude. As of the start of the permit term for the SHA, a nest tree has not been located for MEN0604. In coast redwood forests, suitable northern spotted owl nests typically occur in older, larger trees, and/or trees with defects such as cavities, or platforms formed by mistletoe infections. Trees with these characteristics have been observed in stands that contain trees as young as 40 years old. Although northern spotted owl territories MEN637, MEN077, and MEN0455 are not receiving activity center protections on ▇▇▇▇▇ Ranch as of the start of the SHA permit termTherefore, any northern spotted owl nest tree(s) found on the ▇▇▇▇▇ Bradford Ranch property subsequent to the issuance of the permit for the SHA will be considered to have been suitable (but not known) at the start of the SHA permit term. Therefore, any Any nest tree(s) located after the start of the SHA permit term will be considered retroactively part of the baseline. Any northern spotted owl nest tree(s) found off the ▇▇▇▇▇ Bradford Ranch property that are associated with northern spotted owl territories with activity on the ▇▇▇▇▇ Bradford Ranch subsequent to the issuance of the permit for the SHA will not be considered retroactively part of the baseline. “Force majeure” events such as severe storms, severe drought, fires, or insect/disease epidemics are beyond the reasonable control of the Cooperator. Such events Cooperators, and could either extirpate northern spotted owl from the Enrolled Lands or render northern spotted owl habitat on enrolled lands unsuitable for continued occupation. These events may reduce northern spotted owl numbers or habitat below original baseline conditions through no fault of or negligence of the CooperatorCooperators. In such circumstances the CooperatorCooperators, the Permittee or Registered Professional Forester (RPF) holding the permit, the Service, and the California Department of Fish and Wildlife (since northern spotted owl is also State listed) may agree to coordinate and revise the Cooperative Agreement’s baseline conditions to reflect the new circumstances.