Common use of ASSURANCES PROVIDED Clause in Contracts

ASSURANCES PROVIDED. This section will contain standard language that states that the Service, if it approved the CCAA and issues an associated permit, will not require additional conservation measures nor impose additional land, water, or resource use restrictions beyond those voluntarily agreed to and described in the “Conservation Measures” section of the CCAA should the covered species become listed in the future. These assurances are authorized through a section 10(a)(1)(A) enhancement of survival permit, issued under 50 CFR part 17, which will allow the property owner to take individuals of the covered species so long as the take is consistent with the terms of the CCAA. These assurances may apply to a whole parcel of land, or to a portion, as specifically described in the CCAA. This section of the CCAA will also describe the specific level of take authorization that the property owner will receive for the covered species and/or its habitat, and will identify, if possible, the manner in which the take might occur (e.g., mowing, habitat conversion through development, timber harvest). That is, the CCAA must describe in detail the type and level of take that will be permitted and must state that this level of take is consistent with meeting the CCAA standard. The permit will be issued at the time the CCAA is signed, but it will have a delayed effective date tied to the date the covered species is listed. The CCAA’s enhancement of survival permit’s regulatory assurances are tied to the effects of “changed circumstances” and “unforeseen circumstances.” “Changed circumstances” are those changes in circumstances that can reasonably be anticipated and planned for in the CCAA (e.g., fire, flood, drought). “Unforeseen circumstances” are those circumstances affecting a covered species that could not reasonably have been anticipated by the permittee and the Service at the time of the CCAA’s negotiation and development, and that result in a substantial and adverse change in the status of the covered species (e.g., the eruption of Mount St. Helens was not reasonably foreseeable). In the event of changed or unforeseen circumstances, the assurances provided apply to the property owner with an enhancement of survival permit only where the CCAA is being properly implemented and only with respect to the covered species.

ASSURANCES PROVIDED. This section will contain standard language that states that the Service, if it approved the The FWS provides regulatory assurances to Participants through this CCAA and issues an the associated permitsection 10(a)(1)(A) Enhancement of Survival Permit. Consistent with 50 CFR 17.22(d)(5) and 17.32(d)(5) and the FWS’s Candidate Conservation Agreement with Assurances Final Policy (64 FR 32,726 (June 17, 1999)), the FWS will not require additional conservation measures nor impose additional land, water, or resource use restrictions restrictions, beyond those voluntarily agreed to and described in the “Section XII (Conservation Measures” section ) and this Section, as long as the CCAA and CIs are properly implemented. These assurances will be authorized through issuance of the CCAA should Enhancement of Survival Permit, which will become effective if the covered species become LEPC is listed in the future. These As described in more detail below, these assurances are authorized through a section 10(a)(1)(A) enhancement also apply in the event of survival permitunforeseen circumstances. The FWS may request additional conservation but because it is voluntary on the part of WAFWA and Participants, issued under 50 CFR part 17consent of WAFWA and the affected Participants must be in writing. The Permit, which when it becomes effective, will allow also authorize the property owner to incidental take individuals of the covered species so LEPCs by Participants as long as the take “take” is consistent with the terms of the CCAAthis CCAA and relevant CI. These Assurances Provided to Participant in Case of Changed or Unforeseen Circumstances The assurances may listed below apply to a whole parcel of land, or to a portion, as specifically described in the CCAA. This section of the CCAA will also describe the specific level of take authorization that the property owner will receive for the covered species and/or its habitat, and will identify, if possible, the manner in which the take might occur (e.g., mowing, habitat conversion through development, timber harvest). That is, the CCAA must describe in detail the type and level of take that will be permitted and must state that this level of take is consistent with meeting the CCAA standard. The permit will be issued at the time Participants where the CCAA is signed, but it will have a delayed effective date tied to the date the covered species is listedbeing properly implemented. The CCAA’s enhancement of survival permit’s regulatory assurances are tied to the effects of “changed circumstances” and “unforeseen circumstances.” “Changed circumstances” are those changes alterations in circumstances that can reasonably be anticipated and planned for in the CCAA (e.g., fire, flood, drought)CCAA. “Unforeseen circumstances” are those changes in circumstances affecting a covered species that could not reasonably have been anticipated by the permittee XXXXX and the Service FWS at the time of the CCAA’s negotiation and development, and that result in a substantial and adverse change in the status of the covered species (e.g., the eruption of Mount St. Helens was not reasonably foreseeable). In the event of changed or unforeseen circumstances, the assurances provided apply to the property owner with an enhancement of survival permit only where the CCAA is being properly implemented and only with respect to the covered species.