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. 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, xxxx, 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. No spotted owls are currently known to occupy the LCT. Murrelet occupancy has been observed by audio-visual survey for the Diversion Dam parcels (Figure 1-1) but not elsewhere. However, because Everett commits to manage the LCT for substantially longer rotations than the typical 45-year rotation, and to implement additional conservation measures, it is possible that these two listed species may occupy other portions of the covered area in the future. Such occupancy would be considered successful implementation of the agreement. At such time it is possible that incidental take of the species may occur. During the term of the agreement, management activities will not return the covered lands to the baseline condition. This is because baseline blocks will not be harvested during the term of the agreement and because SSAs, SMAs and enhanced riparian buffers are expected to develop into potential suitable murrelet and/or spotted owl habitat. Thus there will always be more than 447 acres of habitat for both the murrelet and spotted owl. 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 covered species. Incidental take in the form of harassment by disturbance could occur anywhere in the covered area. Pre-commercial and commercial thinning will likely occur in every decade of the Permit term and if in close proximity to the covered species, could potentially cause disturbance. Harm and harassment could occur during regeneration harvests that will occur during each decade of the Permit term. Everett will perform routine road maintenance and construction activities, including rock pit development, which may disturb covered species. The conditions of incidental take are further described for each species below.
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. This Agreement does not allow for the take, or incidental take of any state or federal listed threatened or endangered listed species. Wing Dam and Flume Culvert Construction and Maintenance
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 xxxxxx will be treated as if it were listed under the ESA, regardless of its current regulatory status. Upon approval of the CCAA, the FWS will issue SPI a section 10(a)(1)(A) permit, in accordance with 50 CFR 17.32 (d), that would provide SPI with authorization for incidental take of xxxxxx and provide regulatory assurances should the species be listed under the ESA in the future. The permit would authorize incidental take of xxxxxx 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, minor forest products, grazing, and fire suppression. Covered activities may be conducted by SPI employees, contractors, agents, or other assigns.
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:
Incidental Take. Incidental take under this Agreement will be authorized through the associated Permit issued to the NCWRC. Via its Permit, the NCWRC, in turn, will authorize a Cooperator to engage in incidental take of Covered Species through issuance of a COI. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Despite the expectation that some incidental take of the Covered Species is likely to occur under this Agreement and POMAs, the Parties nonetheless anticipate that the recovery and conservation actions carried out under this Agreement will provide a net conservation benefit to Covered Species by increasing species’ redundancy, resiliency and representation.
