Neighboring Landowners. The Implementing Entity shall administer a Neighboring Landowner Agreement (“NLA”) Program, to provide Take authorization on neighboring lands that are actively being used for agricultural purposes as of the Effective Date and that are within 1.0 mile of land dedicated to the Preserve System. Take authorization for Neighboring Landowners shall only be valid for those Neighboring Landowners that request a Certificate of Inclusion from the Implementing Entity, which shall be issued only to those Neighboring Landowners that meet the criteria provided in Chapter 10.2.9 of the HCP/NCCP and in a form approved by the Wildlife Agencies. Take authorization through the NLA Program shall not apply to individual animals or populations of Covered Species and natural communities on neighboring lands that exist prior to the establishment of the nearby portion of the Preserve System, as identified in a baseline survey conducted at the time of the issuance of the Certificate of Inclusion. Take authorization shall only apply to those Covered Species that may disperse onto the neighboring lands after the dedication of the nearby portion of the Preserve System.
Neighboring Landowners. The Conservancy may extend Authorized Take coverage to landowners who are engaged in normal agricultural and rangeland activities (described in Appendix M, Yolo Agricultural Practices) for lands located within a defined distance of land acquired for or enrolled in the Yolo HCP/NCCP reserve system, as further described in Chapter 3 (Section 3.5.6), Chapter 5 (Section 5.4.4), and Chapter 7 (Section 7.7.7.1) of the Yolo HCP/NCCP. Take Authorization is available to qualified landowners only for four Covered Species: California tiger salamander, valley elderberry longhorn beetle, giant garter snake, and western pond turtle. The process for extending Authorized Take coverage to such landowners is entirely voluntary, and landowners may elect to participate in their sole discretion. Interested landowners must prepare an HCP/NCCP enrollment application package consisting of baseline surveys, an identification of ongoing and expected future agricultural and rangeland activities on the property, and the payment of a fee to cover enrollment costs. The Conservancy may approve applications that meet all the requirements of the Yolo HCP/NCCP, including but not limited to a landowner commitment to implement avoidance and minimization provisions regarding Take of the applicable Covered Species (see Chapter 4, Section 4.3 of the Yolo HCP/NCCP). If approved, the Conservancy will extend Authorized Take of one (or more) of the four Covered Species through issuance of a Certificate of Inclusion. Take extended through issuance of a Certificate of Inclusion will only include the take of populations or occupied habitat above baseline conditions. The Conservancy may add conditions to a certificate of inclusion for the sake of ensuring that these and other related goals and objectives are met. Certificates of inclusion are personal to a landowner and do not transfer in the event of a change of ownership.
Neighboring Landowners. The Parties recognize that the successful implementation of management actions on enrolled properties may impact neighboring landowners. The Parties also recognize that some landowners may be reluctant to initiate management actions that may have land, water, and/or natural resource use implications to neighboring landowners. Therefore, if an enrolled landowner’s voluntary conservation actions result in listed species occupying adjacent properties that are not enrolled in a XXXX, the Parties and the Service will use the maximum flexibility allowed under the FWS’ Safe Harbor and/or CCAA Policy to address that issue. In general, the Parties to this Agreement will make every reasonable effort to include the neighboring landowner as a signatory party to the XXXX or to a separate XXXX and associated Certificate, using the procedure set forth in Part 6.0 of this Agreement. Other potential actions available to the Parties include, but are not limited to, granting incidental take authority to owners of neighboring lands where occupation is a result of the XXXX.
Neighboring Landowners. The Parties recognize that the successful implementation of management actions on enrolled properties may impact neighboring landowners. The Parties also recognize that some landowners may be reluctant to initiate management actions that may have land, water, and/or natural resource use implications to neighboring landowners. Therefore, if an enrolled landowners voluntary conservation actions result in listed species occupying adjacent properties that are not enrolled in an SHMA, ADCNR-WFF and the Service will use the maximum flexibility allowed under the Service’s Safe Harbor Policy to address that issue. In general, ADCNR-WFF and the Service will make every reasonable effort to include the neighboring landowner as a signatory party to the SHMA or to a separate SHMA and associated Certificate, using the procedure set forth in Section 6.0 of this Agreement. Other potential actions available to ADCNR-WFF and the Service include, but are not limited to, granting incidental take authority to owners of neighboring lands where occupation is a result of the SHMA.
Neighboring Landowners. Landowners who own property near or adjacent to landowners that are enrolled under this Agreement may have concerns about potential regulatory restrictions that could occur as a result of their neighbors’ participation in the Safe Harbor program. For example, a participating landowner’s conservation activities could result in an increase of Houston toads in a given area causing Houston toads to move onto and occupy other properties not enrolled under this Agreement. In the absence of regulatory protections, such “neighboring landowners” could face legal liabilities under section 9 of the Act. Section 9 prohibits take (including harm and harassment of endangered species, unless a permit has been issued to cover the take). To alleviate these concerns, neighboring landowners will have the option to receive regulatory protections and safe harbor assurances under this Agreement by completing a baseline assessment for their property and committing to monitoring and notification requirements, as described below. In such cases, neighboring landowners will enter into a “Neighboring Landowner Cooperative Agreement” (see Attachment E of this Agreement) with EDF and receive a Certificate of Inclusion to enroll their property in this Agreement. Allowing for the inclusion of neighboring landowners under this Agreement is expected to increase the benefits to the Houston toad by encouraging the participation of landowners who might otherwise be concerned about the potential effects of their conservation activities on their neighbors’ properties. EDF and the Service will work together to notify neighboring landowners of this Agreement prior to the commencement of conservation activities on a nearby enrolled property. If any participating landowners’ voluntary conservation activities are reasonably expected to result in Houston toads occupying other properties, the neighbors of that property will be given the option to enroll their own properties in this Agreement, with limited responsibilities, as outlined in the “Neighboring Landowner Cooperative Agreement” included as Attachment E of this Agreement. The longest recorded straight-line dispersal movement of a Houston toad is 2.3 miles (3.7 kilometers). Therefore, neighboring properties within 2 to 4 miles (3.2 to 6.4 kilometers) of other enrolled properties will be considered for neighboring landowner enrollment. Landowners that have not entered into a Cooperative Agreement with EDF and have not received a Certificate of I...
Neighboring Landowners. This Agreement shall not confer any rights or remedies upon any person or entity other than the Landowners and Cooperators, their employees, contractors, and agents, and their respective successors and assigns, as provided for herein. The Service will use the maximum flexibility allowed under the Act to address neighboring properties under the Agreement and the associated Permits. The Service’s potential actions include, but are not limited to, granting take authority to neighboring landowners where occupation by listed species is expected as a result of the Agreement and where the neighboring landowner makes application for a permit, allows a baseline determination, and agrees to access and notification requirements. However, the implications to neighboring landowners and the potential need to actively address these implications will be determined on a case-by-case basis. In general, the Service will endeavor to include neighboring landowners who may be affected by listed species as parties to this or a separate agreement and permit.
Neighboring Landowners. The Parties recognize the implications to neighboring landowners of the successful implementation of management actions on enrolled lands. Further, the Parties recognize and acknowledge that some landowners may be reluctant to initiate management actions that may have land, water, and/or natural resource use implications to neighboring landowners. The implications to neighboring landowners with non-enrolled lands will be assessed on a case-by-case basis. When the Parties believe that occupation of non- enrolled neighboring lands is likely, the Parties will make every effort to include the neighboring landowner in the Agreement through a Stewardship Agreement and Certificate of Inclusion using the procedures detailed in Section 4.1.1, thus extending the Safe Harbor assurances. Safe Harbor policy allows the Service to use flexibility in addressing neighboring properties not covered under Safe Harbor Agreements. Safe Harbor policy also allows flexibility with regard to associated incidental take authorizations, including, but not limited to, granting of incidental take to neighboring landowners where occupation of their lands is expected as a result of a SHA. However, this does not mean that neighboring landowners fitting this scenario will be automatically given incidental take authorization if listed species occupation occurs and would require their becoming party to an Agreement with the Service.
Neighboring Landowners. In the event that Toads migrate off the enrolled property, neighboring landowners are not covered under the incidental take permit associated with this Agreement. However, they will not be held liable for take that occurs incidentally through any legal land use activities. This is based on a biological evaluation wherein the Service, in accordance with the programmatic SHA between the Cooperator and Service, has evaluated the potential effects of land use activities on enrolled and neighboring lands and identified that there is a net conservation benefit despite the possibility that toads might be incidentally taken on within one mile of the enrolled property. If it is observed that toads begin moving more than one mile, the parties will consider this new information and re-evaluate the incidental take occurring on neighboring properties that extend beyond the one mile buffer and adjust the buffer as appropriate to correspond with the new movement information. The Agreement and all associated documents will be amended to reflect the change. Cooperator agrees to notify neighboring landowners of the Agreement and potential reintroduction attempt on the Property. This notification will indicate the possibility that toads could migrate off the property and assure neighbors that if Toads migrate onto their land they are not liable for take that occurs incidentally through their legal land use activities. Although the programmatic SHA states that notification should occur via a certified letter, the complex ownership patterns surrounding the Property make this prohibitive. The fiscal and logistical burden of sending several thousand certified letters is not possible for the Cooperator. Further, landowners within city limits are generally accustomed to other avenues of notification regarding land-use changes. Thus, notification for this Property will use the following steps involving local media and personal interactions:
Neighboring Landowners. Other landowners are not Parties to this Agreement or any Permit associated with this Agreement. If the Cooperator’s voluntary conservation measures result in the Houston toad or any other federally-listed species occupying adjacent properties, the Service will use the maximum flexibility allowed under the Act to address neighboring properties under the Agreement and any associated Permit. However, the implications to neighboring landowners and the potential need to actively address these implications will be determined on a case-by-case basis. Environmental Defense and the Cooperator will work together to notify neighboring landowners as appropriate. If the owner of land adjoining any parcel to which this Agreement and an associated permit applies, requests the opportunity to receive safe harbor assurances, Environmental Defense and/or the Cooperator will refer him or her to the Service for a determination of the baseline applicable to the neighboring property and for negotiation of a separate agreement that meets the requirements of Part 14 of the Service’s Safe Harbor Policy between the neighboring landowner and the Service.
