Common use of Covered Activities Clause in Contracts

Covered Activities. Activities considered for coverage under this CCAA are those activities that are reasonably likely to result in take (specifically death or injury) of NEC. These activities include: • Implementation of conservation measures specifically for the benefit of the NEC such as tree removal, invasive species control, and hydrologic restoration. • Activities that are carried out on areas of an enrolled property managed for the benefit of the NEC and that facilitate, or are compatible with, the creation, improvement, and maintenance of NEC suitable habitat. Potentially compatible activities include utility right-of-way maintenance, access way use and maintenance, hunting (except rabbit hunting), fishing, use of recreational vehicles, horseback riding, camping, and hiking. • Certain activities that are carried out on areas of an enrolled property adjacent to areas managed for the benefit of the NEC and that are not beneficial to NEC. Activities on areas adjacent to occupied habitat that may be covered include, but are not limited to farming and silviculture. Minor construction activities associated with existing land uses (e.g., construction of a tractor shed) that are conducted on areas adjacent to lands managed for NEC and that cause no more than minimal impacts may be covered. Development activities causing more than minimal impacts to NEC are specifically omitted from coverage. These higher impact activities are not covered because it is unlikely that take could be offset to the degree necessary to meet the CCAA standard. Such activities are beyond the scope of analysis for this CCAA. Activities within occupied suitable habitat are expected to expose NEC to the greatest amount of risk for take. For an activity in occupied habitat to be covered under this CCAA, appropriate take minimization measures must be implemented. The specific take minimization measures appropriate for an activity will depend on the specific circumstances associated with each property and will be identified by NHFGD and the Service during development of the cooperative agreement. For an activity conducted within an area where suitable habitat is not present, the property owner must provide sufficient detail regarding current land use practices, existing conditions, and expected land use changes. The information provided must adequately describe the nature of the activity such that the effects can be sufficiently analyzed, appropriate take minimization measures can be developed, the level of take can be reasonably estimated, and a finding of compliance with the ESA, regulations, and CCAA Policy can be made. Table 2 describes covered activities that may result in take within areas designated for NEC habitat management. The table also presents the take minimization measures that will typically be implemented when NEC are present. Table 2. Summary of Several Covered Activities and Take Minimization Measures. Additional activities may be covered, provided they are adequately described in the Cooperative Agreements. Habitat Maintenance Minimal Harassment or killing Use of hand operated equipment to selectively remove tree species (height at maturity >20 feet) in occupied habitat. If conducted during late winter, this practice could provide valuable food and cover resources that would likely benefit resident individuals. Inspect the treatment area (area immediately adjacent to the target) for NEC nestlings prior to treatment. If present, forego treatment. Mowing Minimal Killing, harassment, or harm Mowing of occupied habitat will be permitted during August, September, and October. During all other times, this activity will be designed with measures to reduce take. Invasive Species Control Minimal to locally extensive Harassment or harm through loss of habitat Special consideration must be given to maintain adequate cover (>20,000 stems per acre) for resident NEC. Prescriptions must consider site conditions, NEC use patterns, invasive species being controlled, and the desired future condition. Site specific prescriptions to minimize take will be developed for each cooperative agreement or as identified in section 9. Dogs, (including all on and off leash activities) Minimal Harassment or killing In the event that a dog pursues a rabbit, the dog shall be brought under control or removed. Removal of eastern cottontail Minimal Non-target capture of NEC resulting in injury or death Specific, mandatory protocols will be developed in consultation with the Service.

Covered Activities. Activities considered for coverage under this CCAA are those activities that are reasonably likely to result in take (specifically death or injury) of NEC. These activities include: • Implementation of conservation measures specifically for the benefit of the NEC such as tree removal, invasive species control, and hydrologic restoration. • Activities that are carried out on areas of an enrolled property managed for the benefit of the NEC and that facilitate, or are compatible with, the creation, improvement, and maintenance of NEC suitable habitat. Potentially compatible activities include utility right-of-way maintenance, access way use and maintenance, hunting (except rabbit hunting), fishing, use of recreational vehicles, horseback riding, camping, and hiking. • Certain activities that are carried out on areas of an enrolled property adjacent to areas managed for the benefit of the NEC and that are not beneficial to NEC. Activities on areas adjacent to occupied habitat that may be covered include, but are not limited to farming and silviculture. Minor construction activities associated with existing land uses (e.g., construction of a tractor shed) that are conducted on areas adjacent to lands managed for NEC and that cause no more than minimal impacts may be covered. Development activities causing more than minimal impacts to NEC are specifically omitted from coverage. These higher impact activities are not covered because it is unlikely that take could be offset to the degree necessary to meet the CCAA standard. Such activities are beyond the scope of analysis for this CCAA. Activities within occupied suitable habitat are expected to expose NEC to the greatest amount of risk for take. For an activity in occupied habitat to be covered under this CCAA, appropriate take minimization measures must be implemented. The specific take minimization measures appropriate for an activity will depend on the specific circumstances associated with each property and will be identified by NHFGD and the Service during development of the cooperative agreement. For an activity conducted within an area where suitable habitat is not present, the property owner must provide sufficient detail regarding current land use practices, existing conditions, and expected land use changes. The information provided must adequately describe the nature of the activity such that the effects can be sufficiently analyzed, appropriate take minimization measures can be developed, the level of take can be reasonably estimated, and a finding of compliance with the ESA, regulations, and CCAA Policy can be made. Table 2 describes covered activities that may result in take within areas designated for NEC habitat management. The table also presents the take minimization measures that will typically be implemented when NEC are present. Table 2. Summary of Several Covered Activities and Take Minimization Measures. Additional activities may be covered, provided they are adequately described in the Cooperative Agreements. Habitat Maintenance Minimal Harassment or killing Use of hand operated equipment to selectively remove tree species (height at maturity >20 feet) in occupied habitat. If conducted during late winter, this practice could provide valuable food and cover resources that would likely benefit resident individuals. Inspect the treatment area (area immediately adjacent to the target) for NEC nestlings prior to treatment. If present, forego treatment. Mowing Minimal Killing, harassment, or harm Mowing of occupied habitat will be permitted during August, September, and October. During all other times, this activity will be designed with measures to reduce toreduce take. Invasive Species Control Minimal to locally extensive Harassment or harm through loss of habitat Special consideration must be given to maintain adequate cover (>20,000 stems per acre) for resident NEC. Prescriptions must consider site conditions, NEC use patterns, invasive species being controlled, and the desired future condition. Site specific prescriptions to minimize take will be developed for each cooperative agreement or as identified in section 9. Dogs, (including all on and off leash activities) Minimal Harassment or killing In the event that a dog pursues a rabbit, the dog shall be brought under control or removed. Removal of eastern cottontail Minimal Non-target capture of NEC resulting in injury or death Specific, mandatory protocols will be developed in consultation with the Service.