Common use of Adaptive Management Clause in Contracts

Adaptive Management. This CCAA incorporates adaptive management principles. The CCAA is intended to align with and complement implementation of the RWP. The RWP contemplates that elements of its conservation strategy will be evaluated periodically as described in Table 1. The process for identifying changes to the RWP conservation strategy resulting from adaptive management is outlined on pages 116 through 121 of the RWP. Changes identified through evaluation of the elements described in Table 1 are considered changed circumstances as described in Section XVI of this CCAA (Assurances Provided) and affect implementation of the CCAA by adjusting Conservation Measures and/or Mitigation Fees. New or changed conservation measures may be applied to new CIs, additional lands to be enrolled under existing CIs prior to listing, and existing Enrolled Property in existing CIs; however, new or changed conservation measures may only be applied to existing Enrolled Property by amending CIs in accordance with the procedures described in Section XXII of this CCAA (Modification of the CCAA and Amendment of the Permit) and Section IX of the CI in Appendix C of this CCAA. Mitigation Fees may be adjusted in accordance with the provisions in Appendix A of this CCAA and Exhibit 2 to the CI. Table 1. Identified activities or situations that will trigger the adaptive management process or a specific conservation action. This table is found on pages 118–121 of the October 2013 RWP. Evaluated Element Utilized Information Trigger(s) Evaluation Frequency Primary Corrective Action(s) Considered Spatial Scale Anticipated Response

Adaptive Management. This CCAA incorporates adaptive management principles. The CCAA is intended to align with and complement implementation of the RWP. The RWP contemplates that elements of its conservation strategy will be evaluated periodically as described in Table 1. The process for identifying changes to the RWP conservation strategy resulting from adaptive management is outlined on pages 116 through 121 of the RWP. Changes identified through evaluation of the elements described in Table 1 are considered changed circumstances as described in Section XVI of this CCAA (Assurances Provided) and affect implementation of the CCAA by adjusting Conservation Measures and/or Mitigation Fees. New or changed conservation measures may be applied to new CIs, additional lands to be enrolled under existing CIs prior to listing, and existing Enrolled Property in existing CIs; however, new or changed conservation measures may only be applied to existing Enrolled Property by amending CIs in accordance with the procedures described in Section XXII of this CCAA (Modification of the CCAA and Amendment of the Permit) and Section IX VIII of the CI in Appendix C of this CCAA. Mitigation Fees may be adjusted in accordance with the provisions in Appendix A of this CCAA and Exhibit 2 B to the CI. Table 1. Identified activities or situations that will trigger the adaptive management process or a specific conservation action. This table is found on pages 118–121 of the October 2013 RWP. Evaluated Element Utilized Information Trigger(s) Evaluation Frequency Primary Corrective Action(s) Considered Spatial Scale Anticipated ResponseResponse Administrative Fee Stability of administrative endowment using figures contained within the WAFWA financial report Balance in the administrative endowment is not being sustained Annually Administrative fee is increased from 12.5% Range-wide Administrative fee is increased to ensure a non-wasting endowment for administrative services Individual technical service provider compliance Reports submitted by technical service providers Provider is not in full compliance WAFWA reporting standards Annually Issue non- compliance warning with corrective measures, removal of certification Range-wide Provider corrects error and comes into full compliance Evaluated Element Utilized Information Trigger(s) Evaluation Frequency Primary Corrective Action(s) Considered Spatial Scale Anticipated Response Population size 3-year average breeding population estimates derived from aerial survey and population reconstruction (pre-2012) 3-year moving average less than 50% of population goal Annually A discussion would be triggered with the science team to identify the cause of the low population. Potential corrective actions that could be taken starting in 2016 would include reprioritization of conservation actions when evaluating landowner offers and adjustment of mitigation multipliers and ratios Ecoregion and range- wide Populations recover above 50% of goal and trajectory is sufficient for bird numbers to reach or exceed goals after 10 years of plan implementation Conservation practice costs USDA estimated practice costs WAFWA practice cost figures differ from USDA estimated costs Annually Fee structure working group reviews practice costs and recommends changes if necessary Ecoregion WAFWA payment rates adjusted to correlate with USDA practice cost estimates Emerging science Peer-reviewed literature New peer- reviewed articles pertaining to aspects of the conservation strategy, the mitigation framework, or conservation practices become available Annually Science team reviews materials and recommends changes if necessary Ecoregion and range- wide Conservation strategy, mitigation framework, and/or conservation practices modified to conform with the best available science Tangible mitigation unit offset ratio (not acreage) Enrolled offset and impacts units presented in WAFWA affected acreage report Observed offset and impact unit ratio differs from planned figure (initially 2:1) Annually Adjust offset ratios, increase landowner outreach efforts, adjust landowner sign-up schedule and associated allocation amounts Ecoregion Observed offset and impact unit ratio moves toward planned figure (initially 2:1)