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 that occur on this property may result in incidental take of a tortoise or otherwise impact the Xxxxxx tortoise population established under this Agreement. The Permittee and their affiliates, and their respective employees, agents, representatives, contractors, guests, and invitees will be authorized to incidentally take the tortoises. The covered property in this Agreement is an active ranch. The Permittee’s activities include management of livestock (bison); development and maintenance of ranch infrastructure required to manage livestock; including the development and maintenance of tanks, roads, and fences; activities related to limited solar energy generation; and activities related to nature tourism, hunting, other recreation, and guest lodging. Any take resulting from these activities should be minimal and is expected to consist mainly of accidentally collapsing xxxxxxx and/or striking/killing tortoises with vehicles. Minimization measures, as described in Section 6 above, will reduce the likelihood of this occurring. If the Permittee undertakes any actions that may be reasonably expected to result in incidental taking of any tortoise, 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 will work together to minimize negative impacts to covered species from such actions. Under this Agreement, the Permittee 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 baseline condition. The permit, once signed, will authorize incidental take of the covered species that is above the baseline condition of the enrolled property, or alteration of occupied habitat, resulting from lawful activities within the enrolled property, until permit expiration. The Permittee may continue current land-use practices or undertake new ones, even if such use results in the loss of species individuals or their habitat covered under this Agreement. Among the activities the Permittee plans to continue, which in no way shall be considered a limitation on any other activity the Permittee desires to engage in, are the following activities that may result in incidental take of the species: road maintenance, hunting, nature tourism, livestock water tank repairs, biso...
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. 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. 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 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 NCWRC.
Incidental Take. The authorized Take of Covered Species will be incidental to an otherwise lawful activity.
Incidental Take. The term "Incidental Take" means any taking of Covered Species that is incidental to, and not the purpose of, the carrying out of otherwise lawful activity.
