INCIDENTAL TAKE OF COVERED SPECIES Sample Clauses
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INCIDENTAL TAKE OF COVERED SPECIES. As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of individuals of the Covered Species in the course of carrying out otherwise lawful activities. Section 3(19) of the Act defines take to mean to harass, harm, pursue, ▇▇▇▇, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation which actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harassment is defined by the Service as an intentional or negligent action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Nothing in this Agreement authorizes the District to deliberately kill or injure any such species. Safe harbor agreements are written in anticipation that take of the Covered Species and their progeny could occur at some point in the future. Any take that occurs as a result of a reduction in the quality and/or quantity of the established Baseline on the Enrolled Property is not authorized. Under this Agreement, incidental take could occur as a result of the Beneficial Management Activities and the Other Management Activities, described in Part 5 of this Agreement, and as a result of the potential return to Baseline at the termination of the Agreement and its associated Permit. The District may conduct these activities, even if such use results in the incidental take of individual California red-legged frogs, California tiger salamanders, and ▇▇▇▇▇'▇ blue butterflies covered under this Agreement and as authorized in the Permit. The take prohibitions in section 9 of the Act generally do not apply to listed plant species on non-Federal properties. The take prohibitions in section 9 of the Act specifically apply to listed fish or wildlife species; these take prohibitions do not apply to listed plants. The Act does provide protection of listed plants by: prohibiting the removal and reduction to possession of listed plants from areas under Federal jurisdiction; prohibiting the malicious damage or destruction of listed plants on areas under Federal jurisdiction; and prohibiting the removal, cutting, digging up, damaging, or destroying any listed plant on any other areas in k...
INCIDENTAL TAKE OF COVERED SPECIES. The Property Owner will give the Service reasonable advance notice of at least thirty
INCIDENTAL TAKE OF COVERED SPECIES. Provided that such take is consistent with maintaining the baseline conditions identified in Section 4 (Baseline Determination) hereof (except as otherwise provided herein), the section 10(a)(1)(A) permit shall authorize the taking of unarmored threespine sticklebacks and mountain yellow-legged frogs incidental to otherwise lawful activities by TWC or its employees or agents. These activities include:
a. Activities identified in Section 3 (Description of the Enrolled Property) and Section 5 (Beneficial Management Activities); or
b. Making any lawful use of the enrolled property after the management activities identified in Section 5 have been initiated and that are not inconsistent with the conservation efforts, including but not limited to recreation, camping, building a Ranger station, and vegetation management. Incidental take in the form of mortality and harm could occur across the 20 acres of lake habitat and 0.46 mile of Siberia Creek, where unarmored threespine stickleback and mountain yellow- legged frogs are expected to occur. Mortality and harm could occur via crushing and dislodging of egg masses. These impacts could occur during recreation and restoration activities and removal of nonnatives, although recreation use around Bluff Lake and Siberia Creek is light. As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of unarmored threespine stickleback and mountain yellow-legged frog in the course of carrying out otherwise lawful activities. Section 3(18) of the Act defines take to mean to harass, harm, pursue, ▇▇▇▇, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation that actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Nothing in this Agreement authorizes TWC or persons associated with TWC to deliberately kill or injure any listed species. Safe Harbor Agreements are written in anticipation of take of federally listed species and their progeny at some point in the future. Any take that occurs as a result of a reduction in the amount of habitat in the established baseline is not authorized over the term of the 10(a)(1)(A) permit that the Service proposes to issue in conjunction with this Agreement. Under this Agreement, incidental take of unarmored threespine stickleb...
INCIDENTAL TAKE OF COVERED SPECIES.
11.1. After the ESP is issued, and as further specified in the ESP, the Landowner will be authorized to take Covered Species incidental to the Reservoir Releases provided for in Section 9.1 and activities that may return the Enrolled Property to Baseline Condition, provided that the Landowner has complied fully with this Agreement and the ESP, and so long as neither the ESP nor this Agreement has been terminated or revoked as provided for in Sections 18 and 19 below.
11.2. Nothing in this Agreement authorizes the Landowner to kill or injure any Covered or Non- Covered Species where such take is not incidental to the Reservoir Releases made pursuant to Section 9.1 of this Agreement or incidental to an action that returns the Enrolled Property to the Baseline Condition.
11.3. Any take of Covered Species that occurs as a result of a reduction in the quality and/or quantity of the established Baseline Condition described in Section 7 on the Enrolled Property is not authorized by this Agreement.
11.4. As identified in Sub-Section 8.2.v.iii of this Agreement, the Landowner is required to notify NMFS of any new planned activity that Landowner reasonably believes is likely to return the Enrolled Property to the Baseline Condition.
11.5. Landowner will provide NMFS access to the Enrolled Property to capture and relocate any individual Covered Species that are reasonably likely to be affected by any planned activity that may return the Enrolled Property to the Baseline Condition, in part or in whole.
11.6. If incidental take exceeds the ESP, the Landowner will discontinue the take-causing activity and will confer with NMFS about modifications to the activity which might allow resumption or amendment of the ESP.
11.7. Management Activities and the extent of incidental take that would likely result.
i. Reservoir Releases in Section 9.1. Incidental take of the Covered Species during NMFS approved Reservoir Releases is unlikely and only expected should unforeseeable or unavoidable circumstances arise. For example, feral pigs, trespassing marijuana growers, maintenance activities, and earthquakes may damage water systems within the Enrolled Property. Although unlikely, such damage could occur to the infrastructure needed to make Reservoir Releases. If such damage were to occur prior to or during the Reservoir Releases, flows on the Enrolled Property could diminish unexpectedly and leave individual Covered Species stranded in isolated pools subjected to predation or bea...
INCIDENTAL TAKE OF COVERED SPECIES. As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of individuals of the Covered Species in the course of carrying out otherwise lawful activities. Section 3(18) of the Act defines take to mean to harass, harm, pursue, ▇▇▇▇, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation that actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Nothing in this Agreement authorizes the Landowner or persons associated with the Landowner to deliberately kill or injure any listed species. Safe Harbor Agreements are written in anticipation of take of the Covered Species and their progeny at some point in the future. Any take that occurs as a result of a reduction in the amount of habitat in the established Baseline is not authorized over the term of the 10(a)(1)(A) Permit that the Service proposes to issue in conjunction with this Agreement. Under this Agreement, incidental take of Amargosa voles could occur: 1) as a result of translocation and re-introduction activities; 2) as a result of the Management Activities described in Section 5 of this Agreement;
INCIDENTAL TAKE OF COVERED SPECIES. Under this Agreement, the Ranch is authorized the incidental take of any nene on or at the enrolled lands and their progeny, as a result of lawful activities at the Ranch, from the time this agreement is signed into the future. Incidental taking means any taking otherwise prohibited, if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity (50 CFR §17.3). The Ranch may continue current land use practices, undertake new ones, or make any other lawful use of the property, even if such use incidentally results in the loss of nene or their habitat covered under this Agreement. The Ranch is specifically not precluded from conducting any activity by this Agreement. Among the activities the Ranch plans to continue, which in no way shall be considered a limitation on any other activity the Ranch desires to engage in, are the following activities that may result in an unintentional incidental take of nene: 1) cattle ranching, 2) eco-tourism, 3) recreational hunting, and
INCIDENTAL TAKE OF COVERED SPECIES. From the effective date of the ESP, when appropriate, Property Owner shall give the Service reasonable advance notice, i.e., at least thirty (30) days, of when it expects to incidentally take the Covered Species under the ESP. Such notice will provide the Service with an opportunity to relocate affected individuals of the Covered Species, if possible and appropriate. The ESP will specify the level and amount of take of the Covered Species that is authorized by the Service..
INCIDENTAL TAKE OF COVERED SPECIES. 12.1 After the ESP is issued and as further specified in the ESP, the Landowner will be authorized to take Covered Species incidental to otherwise lawful Land Use Activities of Section 8 and 9 and Management Activities of Section 10 as described in Sections 12.7 and 12.8 below, provided that the Landowner has complied fully with this Agreement and the ESP, and so long as neither the ESP nor the Agreement has been terminated or revoked as provided for in Sections 18 and 19 below.
12.2 Nothing in this Agreement authorizes the Landowner to kill or injure listed species where such take is not incidental to otherwise lawful activities.
12.3 Any take of Covered Species that occurs as a result of a reduction in the quality and/or quantity of the established Baseline Conditions described in Section 6 on the Enrolled Property is not authorized.
12.4 As identified in Section 7.2.10 and 7.2.11 of this Agreement, the Landowner is required to notify NMFS and CDFW of any planned activity that the Landowner might reasonably anticipate could result in take of listed species on the Enrolled Property, including a return of the Enrolled Property to the Baseline Conditions, in part or in whole.
12.5 NMFS and CDFW will have access to the property if the need to capture and relocate any individuals that could potentially be affected is reasonably likely to occur.
12.6 If take exceeds that specified in the ESP, the Landowner will discontinue the take-causing activity and will confer with NMFS and CDFW about modifications to the activity which might allow resumption or amendment of the ESP.
12.7 Management Activities and the Extent of Incidental Take That Would Likely Result.