Anticipated Incidental Take. The 2020 DSL CCAA estimates the maximum amount and extent of anticipated take of the DSL that could occur using the area of disturbance or loss of potential DSL Habitat from Covered Activities as a proxy for incidental take of the Covered Species. Table 2 summarizes the estimated maximum amount of disturbance of potential DSL Habitat regardless of suitability classification under the Hardy model, as a proxy for take, that may occur from Covered Activities in the Covered Area associated with each Enrollment Sector inclusive of Participants in the 2020 DSL CCAA and non-Participants engaging in similar activities in the Covered Area for the duration of the 2020 DSL CCAA . If maximum estimated take occurred, disturbance of DSL Habitat from all Covered Activities would account for approximately 12% (34,940 acres) of the potential DSL Habitat in the Covered Area (287,327 acres).
Anticipated Incidental Take. The 2020 DSL CCAA estimates the maximum amount and extent of anticipated take of the DSL that could occur using the area of disturbance or loss of potential DSL Habitat from Covered Activities by both Participants and non-Participants as a proxy for incidental take of the Covered Species. Table 2 summarizes the estimated maximum amount of disturbance of potential DSL Habitat regardless of suitability classification under the Texas State University model, as a proxy for take, that may occur from Covered Activities in the Covered Area associated with each Enrollment Sector inclusive of Participants in the 2020 DSL CCAA and non-Participants engaging in similar activities in the Covered Area for the 23-year duration of the 2020 DSL CCAA. If maximum estimated take occurred, disturbance of DSL Habitat from all Covered Activities would account for approximately 12 percent (34,940 acres) of the potential DSL Habitat in the Covered Area (287,327 acres).
Anticipated Incidental Take of the ESA and Federal regulation prohibit the “take” (i.e., killing, harming, or harassment) of federally listed fish and wildlife species without special exemption. Any incidental take of Chiricahua leopard frogs on Participant’s properties, as applicable, that occurs as a result of the landowners’ activities (as described in Section 2.12.2) would be authorized by the “enhancement of survival permit” issued by the USFWS to the Department pursuant to Section 10(a)(1)(A) of the Act. This permit will be issued at the time of USFWS approval of the Agreement. Incidental take of Chiricahua leopard frogs may occur under this Agreement primarily as a result of six activities: (1) cattle use of enrolled aquatic sites supporting Chiricahua leopard frog populations, or of other ranch properties; (2) aquatic site maintenance; and (3) improvement activities at enrolled aquatic sites; 4) land treatments; 5) existing land uses; and (6) a decision by a Participant to return any enrolled site or sites on their properties to baseline conditions. As described in Section 3.9, under the current listing of the Chiricahua leopard frog as a threatened species, activities listed in numbers (1) and (2) above, relevant to livestock tanks are covered on non-Federal lands by the 4(d) rule included in the final decision to list this species (USFWS 2002). Incidental take, as defined in Section 9 of the Act, from these activities is exempted under the 4(d) rule unless the Chiricahua leopard frog is reclassified as endangered or the 4(d) rule otherwise is invalidated. The discussion of take that follows is in light of the possibility of a reclassification or other invalidation of the 4(d) rule, and thus permitted incidental take from these activities is part of the assurances of this agreement. Typical ways in which Chiricahua
