Incidental Take Sample Clauses

The Incidental Take clause defines the conditions under which the unintentional harm, harassment, or killing of protected species is permitted during otherwise lawful activities. Typically, this clause applies to activities such as construction, land development, or resource extraction that may inadvertently impact endangered or threatened wildlife. It outlines the necessary permits, reporting requirements, and mitigation measures that must be followed to minimize harm. The core function of this clause is to provide a legal framework that balances species protection with the continuation of lawful human activities, ensuring compliance with conservation laws while reducing liability for accidental impacts.
Incidental Take. This Agreement does not allow for the “take,” or “incidental take” of any federal or State listed threatened or endangered listed species.
Incidental Take. If the LEPC is listed, any incidental take of the LEPC that results from the Participant’s failure to implement a mandatory avoidance or minimization Conservation Measures will remain authorized by the Permit so long as a Notice of Resolution relating to the Conservation Measure at issue is resolved in accordance with the procedures above.
Incidental Take. Implementation of covered activities—reintroduction, monitoring, habitat management actions, typical daily land use activities—on enrolled properties has the potential to result in incidental take of covered species. In addition, incidental take of listed covered species could occur because of a landowner returning an enrolled property to baseline conditions. The sections below discuss the potential for incidental take of covered species as a result of implementation of this SHA/CCAA Agreement.
Incidental Take. The Service’s responsibilities include administering the Endangered Species Act of 1973, as amended (Act). Section 3(19) of the Act defines take to mean harass, harm, pursue, ▇▇▇▇, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Incidental take is defined as take that is incidental to, but not the purpose of, carrying out an otherwise lawful activity. “
Incidental Take. The activities that occur under this Agreement and those ongoing on these properties may impact populations of the covered species that naturally disperse, are reestablished under this Agreement and the existing population of Yaqui chub. The covered properties in this Agreement are active ranches. The owner's activities include the management of livestock, maintenance of ranch infrastructure required to manage livestock, including the maintenance of tanks, roads, and fences. The FWS holds conservation easements over both properties, and no further development will occur. Any take resulting from normal ranching activities will tend to be minimal; stock tank maintenance is typically a brief process, and only major overhauls may result in the complete lose of a population at a particular aquatic site. Minimization measures, as described in Section 6 above, will reduce the likelihood of this occurring. If the Parties propose to undertake any actions that fall outside the scope of habitat enhancement or its normal ranching operations, and they may reasonably expect incidental taking of any covered species, including any activities that will return the property to baseline conditions, they will give the FWS at least 60 days advance notice and provide an opportunity to relocate affected individuals. The Parties and the FWS will work together to minimize negative impacts to covered species from such actions. Under this Agreement, the Participant is authorized to make use of the enrolled property in any manner that does not result in reducing the population and/or occupied habitat of the covered species below the original baseline conditions. The permit, if granted, will authorize take of covered species that are above the baseline condition of the property, or alteration of occupied habitat, resulting from lawful activities within the enrolled lands, from the time this Agreement is signed until permit expiration. The Participant may continue current land-use practices, undertake new ones, or make any other lawful use of the property, even if such use results in the loss of species individuals or their habitat covered under this Agreement. Among the activities the Participant plans to continue, which in no way shall be considered a limitation on any other activity the Participant desires to engage in, are the following activities that may result in an unintentional take of the species: cattle tank repairs, road maintenance, establishment of erosion control devices ...
Incidental Take. The authorization for a participating landowner to incidentally take RCWs under this program is contingent upon the landowner’s having maintained their baseline responsibilities for RCW groups and habitat that were present at the time the SHMA was signed. The only take that will be authorized under this Agreement and associated SHMAs is take of above-baseline RCWs. It is important to note that such taking may or may not ever occur on an enrolled property and it is unlikely that RCWs would utilize the habitat involved if not for the voluntary management practices of the participating landowner. One of the expectations underlying this Agreement is that, while landowners will be permitted to carry out activities that could result in the take of above-baseline group(s) on their land, landowners, nonetheless, may choose not to engage in such activities or not to do so for many years. An enrolled landowner will be allowed to develop, harvest trees upon, or make any other lawful use of his/her property, even if such use results in the incidental take of above-baseline RCWs or RCW habitat, provided that each of the following qualifications and conditions are met: 1. The enrolled landowner is in total compliance with their SHMA; 2. The enrolled landowner has maintained his/her RCW baseline as specified in the SHMA; 3. The enrolled landowner will only engage in take that is incidental to otherwise lawful activities; 4. The enrolled landowner conducts a supplemental survey immediately (no more than one hundred-eighty (180) days but no less than thirty (30) days) prior to any activity that may result in the incidental taking of above-baseline RCWs or RCW habitat and provides ADCNR-WFF with the results of the survey no later than thirty (30) days prior to the commencement of any such activity. Only the specific area that will be treated requires this supplemental RCW survey. However, no surveys will be required within one (1) year of the baseline survey, unless recruitment clusters have been established in the area that will be affected by the activity. 5. The enrolled landowner will engage in the proposed activities that could result in the incidental take of RCWs only during their non-reproductive season (August 1st through March 31st of following year) unless otherwise authorized by ADCNR-WFF; and 6. The enrolled landowner will not undertake any activity that could result in incidental take of RCWs until the landowner has provided ADCNR-WFF with at least sixty (60) ...
Incidental Take. Thirty spotted owl territories overlap some portion of the Applicants’ land base. Only one site center is located on Applicant’s ownership. All other site centers are located on USFS or WDNR. No spotted owls are currently known to occupy the covered lands. However, because the Applicants commitment to manage their commercial forest lands for a substantially longer rotation than the typical 45-year rotation, and to implement additional conservation measures, it is possible that spotted owls could occupy the covered area in the future. At such, time it is possible that incidental take of spotted owls could occur. Incidental take would likely be in the form of harm from covered forest management activities that result in habitat degradation, and/or harassment from forest management activities that cause disturbance to spotted owls. Incidental take in the form of harassment by disturbance could occur anywhere in the covered area although it is most likely to occur near former spotted owl nest sites, particularly the site located on the covered lands (Site #753). Pre-commercial and commercial thinning will occur in every decade of the Permit term. Harm and harassment could occur during regeneration harvests that will also occur during each decade of the Permit term. The Applicants will perform routine road maintenance and construction activities, including rock pit development that may disturb covered species. The conditions of incidental take are described below.
Incidental Take. Under this Agreement, the Landowners and Cooperators are authorized to make use of their respective enrolled property in any manner that does not reduce the baselines in section 3.3 or as amended. The Landowners and Cooperators may continue current land-use practices, undertake new ones, or make any other lawful use of the property and resources, even if such use results in take of the covered species, as long as the baseline is maintained and the activities identified in the Agreement as necessary to achieve a net conservation benefit for the covered species have been carried out by the Landowner or Cooperator making such use. Pursuant to the enhancement of
Incidental Take. The following incidental take of RCW(s) may be associated with the management actions that the Cooperator has agreed to undertake under this SHMA: Notwithstanding the foregoing, the Cooperator agrees that the proposed activities that may result in incidental take of RCWs will be conducted only during the non-reproductive season (August 1st through March 31st of the following year), unless otherwise authorized by ADCNR-WFF.
Incidental Take. In accordance with ESA regulations, the ▇▇▇▇▇▇ will be treated as if it were listed under the ESA, regardless of its current regulatory status. Upon approval of the CCAA, the Service will issue SPI a section 10(a)(1)(A) permit, in accordance with 50 CFR 17.22 (d), that would provide SPI with authorization for incidental take of ▇▇▇▇▇▇ and provide regulatory assurances should the species be listed under the ESA in the future. The permit would authorize incidental take of ▇▇▇▇▇▇ consistent and associated with this CCAA resulting from the otherwise lawful activities, including forest management activities, on the enrolled lands in Butte, Plumas, and Tehama Counties. Covered forest management activities include felling and bucking timber, yarding timber, loading and landing operations, salvage of timber products, transport of timber and rock, road construction and maintenance, rock pit construction and use, site preparation, tree planting, vegetation control, pre-commercial thinning and pruning, collection of minor forest products, grazing, and fire suppression. Covered activities may be conducted by SPI employees, contractors, agents, or other assigns.