Changed or Unforeseen Circumstances. In the case of changed or unforeseen circumstances, the assurance listed above apply to Participants where the CCAA is being properly implemented. “Changed circumstances” are those alterations in circumstances that can reasonably be anticipated and planned for in the 2020 DSL CCAA. “Unforeseen circumstances” are changes in circumstances that could not reasonably have been anticipated by the Administrator and FWS at the time of the CCAA’s negotiation and development, and result in a substantial and adverse change in the status of the species.
Changed or Unforeseen Circumstances. 1) Changed circumstances provided for in the Agreement4. If additional conservation measures are necessary to respond to changed circumstances and the measures were set forth in the Agreement’s operating conservation program, the enrolled Cooperator will implement the measures specified in the Agreement and their Certificate of Inclusion. Circumstances that can be reasonably anticipated on enrolled properties include wildfire, drought, flooding, and other naturally occurring weather events. Enrolled landowners can voluntarily follow the most recent approved response guidelines provided by USFWS for such events to reduce impacts to the Houston toad. Such guidelines would be non-binding and only used in circumstances following a wildfire or other naturally occurring weather event, where no immediate threats to human health and safety or further property damage would be expected to occur. If, prior to the expiration of TPWD’s permit, TPWD should cease to exist or cease to continue administering the Agreement, and no other entity satisfactory to USFWS is willing to assume TPWD’s responsibilities as administrator of this Agreement, TPWD will relinquish its permit to USFWS. In the event of the foregoing, USFWS shall convert the Certificates of Inclusion that have been previously issued by TPWD to participating landowners into freestanding permits. Such permits will provide incidental take coverage for the same conservation activities as had been authorized by the Certificates of Inclusion. This action is contingent upon the participating landowners’ agreement to fulfill the conservation activities for each of their properties, as well as the administration, monitoring, and reporting requirements of the Safe Harbor Agreement, as outlined in this Cooperative Agreement and the Safe Harbor Agreement.
