AUTHORIZED INCIDENTAL TAKE Sample Clauses

AUTHORIZED INCIDENTAL TAKE. As described above, the island marble butterfly is not currently known to be present in the vast majority of the area covered by the CCAA Emphasis Areas on San Xxxx Island and Xxxxx Island, with the exception being American Camp within San Xxxx Island National Historic Park. We anticipate, however, that island marble butterfly populations will be established naturally or purposefully in the CCAA Emphasis Areas during the term of the proposed Permit. Incidental take is therefore reasonably certain to occur, and for the purposes of this analysis, the WDFW and the USFWS are considering a reasonable but conservatively large area (i.e., CCAA Emphasis Areas) to be occupied at least once during the next 15 years. Take of island marble butterflies is expected to occur incidental to engaging in covered activities on enrolled lands, even when these actions are performed in compliance with the CCAA conservation measures. Incidental take that is reasonably likely to occur includes, but is not limited to: Spot-spray herbicide applications that will harm an unknown number of island marble butterflies (eggs and larvae) associated with up to 10 acres of established habitat strips and blocks. This area was calculated by assuming full enrollment within the CCAA Emphasis Areas (8,798 acres) and 50 square feet of created habitat per acre enrolled. Mowing and fence construction and maintenance that will harm an unknown number of island marble butterflies (mostly eggs and larvae) associated with up to 50 acres at the periphery of established habitat strips and blocks. This area was calculated by assuming a 10-foot buffer on either side of a 4-foot wide habitat strip. Such an area would be five times larger than the strip itself, so 10 acres multiplied by 5 equals 50 acres. Foot traffic that will harm an unknown number of island marble butterflies (mostly eggs and larvae) in up to 60 acres in and around established habitat strips and blocks. Road use and road maintenance that will harm an unknown number of island marble butterflies (all life stages) associated with driveways, agricultural roads, and main roads. Habitat maintenance and management, mowing, grazing, ranching, agriculture, herbicide use, recreation and recreation management, and foot traffic that will harm an unknown number of island marble butterflies (all life stages) associated with up to 8,798 acres of enrolled acres of open, primarily treeless landscape.
AutoNDA by SimpleDocs
AUTHORIZED INCIDENTAL TAKE. As a part of the CCAA, specific authorization of incidental take from covered activities described in this CCAA is provided in the EOS permit issued by the Service, if the spotted frog is listed. Authorization for incidental take under the EOS permit is limited to the covered lands described in Section III and covered activities described in Section IV of this CCAA. Authorized take associated with this CCAA would be up to 12 adult or juvenile frogs and up to 8,400 tadpoles over the 20-year term of the EOS permit as described above. The Service estimates that the following total amount of “take” of Oregon spotted frogs in the form of mortality over the 20 year period of this CCAA will be 12 adult/juvenile spotted frogs and 8,400 tadpoles. Based on information gathered through mark-recapture and egg mass surveys since 2012, the population of frogs in the Old Mill District consists of approximately 100 breeding adults and 945 juveniles. Our estimated amount of take represents 1.1 percent (i.e., 12/1045) of the current adult/juvenile population of frogs in the vicinity of the Old Mill. Oregon spotted frogs occur throughout the Upper Deschutes River sub-basin. Population estimates conducted in 2012 indicated that there is a minimum breeding adult population of 3,530 frogs in the Upper Deschutes River sub-basin (USFWS 2013). A loss of up to 2 adults in one year due to vegetation work at the Casting Pond represents 2 percent of the estimated adult population at the Old Mill District and only 0.057 percent of the estimated adult population in the Upper Deschutes sub-basin. Authorizing this level of take will not adversely affect the population of frogs that occur in the vicinity of the Old Mill District because the majority of the population resides in the LSA xxxxx, which will be unaffected by management actions that result in take. The Service estimates that 50 egg masses are deposited by the Old Mill spotted frog population of 100 individuals. Assuming that that each egg mass is comprised of 600 eggs with an embryonic survival rate of 70 percent, there are approximately 21,000 tadpoles (30,000 x 0.7) following the breeding season. As stated above, we assume that 420 tadpoles could be stranded each year in bioswales. The loss of 420 tadpoles annually due to undetected breeding occurring in bioswales within the Old Mill District represents two percent of the current tadpole population. However, if breeding is detected in bioswales in the future, we assume that th...
AUTHORIZED INCIDENTAL TAKE. ‌ 1. Occupied den sites of undetected collared female fishers or uncollared female fishers could incidentally and unknowingly be logged during legal forest practices. 2. Xxxxxxx fishers and their kits, either undetected collared females or uncollared females, could be incidentally harassed by legal forest practices occurring in the vicinity of den sites. 3. Fishers could be incidentally captured in legal traps even when participating landowners are complying with the conservation measures in this CCAA. 4. Xxxxxxx could be incidentally injured or killed by vehicles on roads on enrolled lands.

Related to AUTHORIZED INCIDENTAL TAKE

  • NOTICE OF CHANGE OR CANCELLATION There shall be no cancellation, material change, exhaustion of aggregate limits, or intent not to renew insurance coverage, either in whole or in part, without at least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Master Contract number stated on the cover of this Master Contract.

  • Determination of Pass-Through Rates for LIBOR Certificates (a) On each Interest Determination Date so long as any LIBOR Certificates are outstanding, the Trustee will determine LIBOR on the basis of the British Bankers' Association ("BBA") "Interest Settlement Rate" for one-month deposits in U.S. dollars as found on Telerate page 3750 as of 11:00 a.m. London time on each LIBOR Determination Date. "Telerate Page 3750" means the display page currently so designated on the Moneyline Telerate Service (formerly the Dow Jones Markets) (or such other pagx xx may replace that page on that service for the purpose of displaying comparable rates or prices).

  • Interest and Withdrawal No interest shall be paid by the Partnership on Capital Contributions. No Partner shall be entitled to the withdrawal or return of its Capital Contribution, except to the extent, if any, that distributions made pursuant to this Agreement or upon termination of the Partnership may be considered as such by law and then only to the extent provided for in this Agreement. Except to the extent expressly provided in this Agreement, no Partner shall have priority over any other Partner either as to the return of Capital Contributions or as to profits, losses or distributions. Any such return shall be a compromise to which all Partners agree within the meaning of Section 17-502(b) of the Delaware Act.

  • Initial Certificate Ownership Since the formation of the Trust by the contribution by the Depositor pursuant to Section 2.5, the Depositor has been the sole Certificateholder.

  • Termination for Market Change (a) In the event of delay or interruption under B8.33, exceeding 90 days, and Contract has not been modified to include replacement timber, this contract may be terminated upon election and written notice by Purchaser, if (i) a rate redetermination for market change under B3.33 shows that the appraised weighted average Indicated Advertised Rate of all Included Timber remaining immediately prior to the delay or interruption has been reduced through a market change by an amount equal to or more than the the weighted average Current Contract Rate, or (ii) the appraised value of the remaining timber is insufficient to cover the adjusted base rates as determined under B3.33.

  • Determination to Honor Drawing Request In determining whether to honor any request for drawing under any Letter of Credit by the beneficiary thereof, Agent shall be responsible only to determine that the documents and certificates required to be delivered under such Letter of Credit have been delivered and that they comply on their face with the requirements of such Letter of Credit and that any other drawing condition appearing on the face of such Letter of Credit has been satisfied in the manner so set forth.

  • Alternate or Supplemental Pricing Documents No response Optional. If when completing Pricing Form 1 & Pricing Form 2 you direct TIPS to view additional, alternate, or supplemental pricing documentation, you may upload that documentation.

  • Determination of Pass-Through Rates for COFI Certificates The Pass-Through Rate for each Class of COFI Certificates for each Interest Accrual Period after the initial Interest Accrual Period shall be determined by the Trustee as provided below on the basis of the Index and the applicable formulae appearing in footnotes corresponding to the COFI Certificates in the table relating to the Certificates in the Preliminary Statement. Except as provided below, with respect to each Interest Accrual Period following the initial Interest Accrual Period, the Trustee shall not later than two Business Days prior to such Interest Accrual Period but following the publication of the applicable Index determine the Pass-Through Rate at which interest shall accrue in respect of the COFI Certificates during the related Interest Accrual Period. Except as provided below, the Index to be used in determining the respective Pass-Through Rates for the COFI Certificates for a particular Interest Accrual Period shall be COFI for the second calendar month preceding the Outside Reference Date for such Interest Accrual Period. If at the Outside Reference Date for any Interest Accrual Period, COFI for the second calendar month preceding such Outside Reference Date has not been published, the Trustee shall use COFI for the third calendar month preceding such Outside Reference Date. If COFI for neither the second nor third calendar months preceding any Outside Reference Date has been published on or before the related Outside Reference Date, the Index for such Interest Accrual Period and for all subsequent Interest Accrual Periods shall be the National Cost of Funds Index for the third calendar month preceding such Interest Accrual Period (or the fourth preceding calendar month if such National Cost of Funds Index for the third preceding calendar month has not been published by such Outside Reference Date). In the event that the National Cost of Funds Index for neither the third nor fourth calendar months preceding an Interest Accrual Period has been published on or before the related Outside Reference Date, then for such Interest Accrual Period and for each succeeding Interest Accrual Period, the Index shall be LIBOR, determined in the manner set forth below. With respect to any Interest Accrual Period for which the applicable Index is LIBOR, LIBOR for such Interest Accrual Period will be established by the Trustee on the related Interest Determination Date as provided in Section 4.08. In determining LIBOR and any Pass-Through Rate for the COFI Certificates or any Reserve Interest Rate, the Trustee may conclusively rely and shall be protected in relying upon the offered quotations (whether written, oral or on the Reuters Screen) from the Reference Banks or the New York City banks as to LIBOR or the Reserve Interest Rate, as appropriate, in effect from time to time. The Trustee shall not have any liability or responsibility to any Person for (i) the Trustee's selection of New York City banks for purposes of determining any Reserve Interest Rate or (ii) its inability, following a good-faith reasonable effort, to obtain such quotations from the Reference Banks or the New York City banks or to determine such arithmetic mean, all as provided for in this Section 4.07. The establishment of LIBOR and each Pass-Through Rate for the COFI Certificates by the Trustee shall (in the absence of manifest error) be final, conclusive and binding upon each Holder of a Certificate and the Trustee.

  • How Do I Correct an Excess Contribution? If you make a contribution in excess of your allowable maximum, you may correct the excess contribution and avoid the 6% penalty tax under Section 4973 of the Internal Revenue Code for that year by withdrawing the excess contribution and its earnings on or before the due date, including extensions, of the tax return for the tax year for which the contribution was made (generally October 15th). Any earnings on the withdrawn excess contribution may be subject to a 10% early distribution penalty tax if you are under age 59½. In addition, in certain cases an excess contribution may be withdrawn after the time for filing your tax return. Finally, excess contributions for one year may be carried forward and applied against the contribution limitation in succeeding years.

  • Notice of Shift Change The Co-operative agrees to give forty-eight (48) hours' notice when changing a full-time employee's shift, except in the event of an emergency (an emergency is defined as snowstorm, or flood, or breakdown of machinery, or other instances of force majeure or an unscheduled absence of an employee). Should the Co-operative fail to give forty-eight (48) hours' notice of a shift change as indicated above, each affected employee shall receive double (2) time their regular hourly rate of pay for all time worked on the new shift. Mutual agreement of employees to shift changes between each other shall not be deemed covered by this clause, (i.e. the Co- operative will not pay a penalty for this type of a shift change). Such shift changes require the prior approval of management. The Co-operative agrees that wherever possible it shall verbally advise part-time employees twenty-four (24) hours in advance when the Co-operative changes an employee's posted work schedule.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!