Common use of Certificate of Inclusion Clause in Contracts

Certificate of Inclusion. The document issued by the Permittee to a Cooperator that conveys the Permit’s incidental take authorization for covered threatened and endangered species. Changed Circumstances – Changes in circumstances affecting a threatened or endangered species or geographic area covered by a Safe Harbor Agreement that can be reasonably anticipated and planned for by the Service (e.g., the listing of a new species, or a fire or other natural catastrophic event in areas prone to such events). Conservation Activities – The actions that will be taken or avoided under this Safe Harbor Agreement to provide a net conservation benefit to the black-footed ferret. Conservation activities may be carried out by the Permittee (or designee), the Cooperator, as described in the Reintroduction Plan for the enrolled property, or partners approved by the Permittee and Cooperator. Conservation Zone – An area that can contribute to the necessary attributes to support at least 30 adult ferrets. Typically, it will be a minimum of 1,500 acres of black-tailed prairie dog occupied habitat or 3,000 acres of white-tailed prairie dog or Gunnison’s prairie dog occupied habitat. It may be owned by one or more Cooperators. All otherwise legal activities may be conducted as appropriate, except those that are incompatible with ferret recovery. Inappropriate, prohibited activities will include any activity that reduces prairie dog numbers, including, but not limited to, poisoning, shooting, and major landscape alterations (e.g., tilling soil). The Conservation Zone will be identified on a map of the enrolled lands. All conservation activities within the Conservation Zone will be described in the Reintroduction Plan for the enrolled property. Prohibited activities will also be identified in the Reintroduction Plan. Cooperator – Any non-federal landowner––including but not limited to private individuals, Tribes, States, counties, and municipalities––eligible for enrollment in the Safe Harbor Agreement who voluntarily chooses to assist in the development and implementation of a Reintroduction Plan for black-footed ferrets on their lands (or some portion of their lands). Under the Agreement, the Permittee issues each Cooperator a Certificate of Inclusion, which conveys the Permit’s incidental take authorization. Covered Species – The species listed under the Act for which the Safe Harbor Agreement is designed to provide a net conservation benefit and for which incidental take and Safe Harbor assurances are authorized. For this particular Agreement, the covered species is the black- footed ferret. Delist – The removal of a species from a listed status under the Act. Usually delisting is a result of successful recovery actions that have increased a species’ numbers and addressed threats to its viability. For the black-footed ferret, delisting is expected to require the establishment of at least 3,000 breeding adult ferrets in 30 or more populations in at least nine states within the historical range of the species, with no fewer than 30 breeding adults in any population. Management efforts will continue to address threats to the species, especially from disease. Downlist – The reclassification of a species from endangered to threatened. Usually downlisting is a result of successful recovery actions that have increased a species’ numbers and addressed some portion of the threats to the species. For the black-footed ferret, downlisting is expected to require the establishment of at least 1,500 breeding adult ferrets in 10 or more populations in at least six states within the historical range of the species, with no fewer than 30 breeding adults in any population. Management efforts will continue to address threats to the species, especially from disease. Endangered species – An animal or plant species in danger of extinction throughout all or a significant portion of its range. Enrolled lands – Non-federal lands (see below) that are included in the Black-footed Ferret Programmatic Safe Harbor Agreement through the process of Cooperators signing and the Permittee issuing Certificates of Inclusion. Experimental population – A population (including its offspring) of a listed species, designated by rule published in the Federal Register, that is wholly separate geographically from other populations of the same species. An experimental population may be subject to less stringent prohibitions than are applied to the remainder of the species to which it belongs. Incidental Take – Incidental take is the accidental or inadvertent take of a species listed as threatened or endangered under the Act while carrying out otherwise legal activities. Kit – A kit is the young of a black-footed ferret. Landowner – Any entity with a legally recognized interest in a parcel of land including, but not limited to, surface, mineral, mortgage, and/or lease rights. Management Zone – An area adjacent to or near a Conservation Zone. It may or may not have occupied prairie dog habitat. All otherwise legal activities may be conducted as appropriate, including lethal control of prairie dogs––except for the use of anticoagulant toxicants such as chlorophacinone (Rozol®) or diphacinone (Kaput®). The Management Zone will be identified on a map of the enrolled lands. The precise characteristics and size of a Management Zone, including the associated conservation activities, may vary for each enrolled property, depending on the physical and biological attributes of a particular property, the needs of the Cooperator, and the potential concerns of non-participating neighboring landowners. Consequently, site- specific details will be described in each individual Reintroduction Plan. Net conservation benefit –Improved status of the covered species or population as a result of a Safe Harbor Agreement’s conservation actions minus the impacts from any incidental take of the species. Non-essential experimental population – An experimental population whose loss would not appreciably reduce the prospect of survival of the species in the wild. Non-federal lands – Lands owned by entities other than the Federal government, including Tribes (see tribal lands below), States, counties, municipalities, private individuals, and non- governmental organizations. Non-participating landowner – Any landowner within the vicinity of a black-footed ferret reintroduction site developed under the Black-footed Ferret Programmatic Safe Harbor Agreement––including private individuals, Tribes, States, and municipalities––who does not participate. Under this Agreement, non-participating neighboring landowners will be covered for incidental take, via an associated Biological Opinion, of any black-footed ferrets that may disperse onto their lands. Parties – The Permittee, the Cooperator, and others as described in Part 10.3 of this Safe Harbor Agreement and identified in the Reintroduction Plan. Permittee – The entity who holds the 10(a)(1)(A) Enhancement of Survival Permit issued under the Safe Harbor Agreement. Under this Agreement, the Permittee is the Service’s Black-footed Ferret Recovery Coordinator. Programmatic Safe Harbor Agreement (Agreement) – The parent document, prepared by the Service, that describes the conservation strategy and activities that will be carried out to provide a net conservation benefit for the covered species, in this case the black-footed ferret. It also describes the process and requirements for developing the site-specific Reintroduction Plans for lands to be voluntarily enrolled in the Agreement. Reintroduction Plan – The document that describes site-specific characteristics of any lands enrolled in this Agreement. It will include: (1) a description of the ownership interest; (2) a map of the enrolled land, identifying boundaries of any nearby Conservation and Management Zones; (3) a description of the conservation activities to be carried out in any Conservation and Management Zones on the enrolled lands; and (4) a description of any activities that may be prohibited within the Conservation or Management Zone. The Permittee and the Cooperator will develop a Reintroduction Plan prior to enrollment of any property and prior to issuing any Certificate of Inclusion. Upon completion, it will be signed by the Permittee and the Cooperator. Information provided in a Reintroduction Plan could be made public as a result of a Freedom of Information Act request. A template for the Reintroduction Plan is in Appendix B of this Safe Harbor Agreement.

Certificate of Inclusion. The document issued by Candidate Conservation Agreement with Assurances for the Permittee to a Cooperator Island Marble Butterfly in the State of Washington Certificate of Inclusion This certifies that conveys the Permit’s incidental take authorization for covered threatened and endangered species. Changed Circumstances – Changes in circumstances affecting a threatened or endangered species or geographic area covered by a Safe Harbor Agreement that can participating member of the property(ies) described below will be reasonably anticipated and planned for by included within the Service (e.g., scope of the listing of a new species, or a fire or other natural catastrophic event in areas prone to such events). Conservation Activities – The actions Permit that will be taken or avoided under this Safe Harbor Agreement to provide a net conservation benefit issued to the black-footed ferret. Conservation activities may be carried out Washington Department of Fish and Wildlife (WDFW) by the Permittee U.S. Fish and Wildlife Service under the authority of Section l0(a)(l)(A) of the Endangered Species Act of 1973, as amended, 16 U.S.C. 1539(a)(l)(B). This permit will become effective if the island marble butterfly is listed under the ESA. Such permit will authorize incidental take of covered species as part of a Candidate Conservation Agreement with Assurances (CCAA). This incidental take will be allowed due to the application of applicable conservation measures outlined in the Programmatic CCAA on the enrolled property that will benefit the covered species and/or its habitats within their range in the CCAA coverage area. Pursuant to that Permit and this Certificate of Inclusion signed by the landowner (or their designee)) and WDFW, the Cooperatorholder of this certificate will be authorized to engage in any otherwise lawful activity on the described property(ies) that may result in the incidental taking of the covered species, as appropriate, subject to the terms and conditions of the Permit and the CCAA. Permit authorization is subject to carrying out applicable conservation measures described in the CCAA and the terms and conditions of the Permit and the CCAA. By signing this Certification of Inclusion, the participating member agrees to carry out the conservation measures and other requirements described in the CCAA. Participating Property(ies) Owner's Name and Address:  Legal Description of Enrolled Property(ies)  Detailed Map(s) with Enrolled Property(ies) Identified o NOTE: Map(s) must clearly show property(ies) boundaries and other applicable important features.  Total Acres of Enrolled Property(ies) (all properties covered by permit): acres  Estimated Acres of Non-forested, Open Areas (excluding roads, residences, and other infrastructure) for calculating CCAA habitat commitment: acres Duration of Certificate of Inclusion from date of last signature. Certificates of Inclusion will expire with the term of the CCAA unless renewed (i.e., a Cl will not provide assurance beyond the duration of the agreement between WDFW and USFWS): 15 years The participating member agrees to allow WDFW employees or its agents to enter the enrolled property(ies) to complete the periodic conservation monitoring for the island marble butterfly and/or to salvage/rescue island marble butterfly eggs, caterpillars, and/or chrysalises when necessary as described in the Reintroduction Plan for Programmatic CCAA. Initial one of the following choices: Member requests reasonable notice (i.e., at least 48 hrs) prior to entry: Courtesy notice not required: The participating member agrees to allow US Fish and Wildlife Service employees or its agents to enter the enrolled propertyproperty(ies) as necessary, with prior coordination, to maintain or partners approved by enforce the Permittee and CooperatorCCAA. Conservation Zone – An area that can contribute to Initial one of the necessary attributes to support following choices: Member requests reasonable notice (i.e., at least 30 adult ferrets. Typically, it will be a minimum of 1,500 acres of black-tailed prairie dog occupied habitat or 3,000 acres of white-tailed prairie dog or Gunnison’s prairie dog occupied habitat. It may be owned by one or more Cooperators. All otherwise legal activities may be conducted as appropriate, except those that are incompatible with ferret recovery. Inappropriate, prohibited activities will include any activity that reduces prairie dog numbers, including, but 48 hrs) prior to entry: Courtesy notice not limited to, poisoning, shooting, and major landscape alterations (e.g., tilling soil). required: The Conservation Zone will be identified on a map of the enrolled lands. All conservation activities within the Conservation Zone will be described in the Reintroduction Plan for the enrolled property. Prohibited activities will also be identified in the Reintroduction Plan. Cooperator – Any non-federal landowner––including but not limited participating member agrees to private individuals, Tribes, States, counties, and municipalities––eligible for enrollment in the Safe Harbor Agreement who voluntarily chooses give 60 days written notice to assist in the development and implementation of a Reintroduction Plan for black-footed ferrets on their lands (or some portion WDFW of their lands). Under the Agreement, the Permittee issues each Cooperator a intent to terminate this Certificate of Inclusion, which conveys and will give the Permit’s incidental take authorizationU.S. Fish and Wildlife Service an opportunity to relocate affected covered species within 30 days of the notice. Covered Species – The species listed under Enrolled landowners will notify WDFW within 30 days following a sale or transfer of covered lands. WDFW will offer the Act new owner the option of receiving conservation coverage by agreeing to implement all CCAA conservation measures and signing a new Cl. Participating Landowner Date --- Participant Signature(s) --- Landowner CCAA Designee (If Applicable): Date --- Designee Signature(s) --- Washington Department of Fish and Wildlife Date Xxxxx Xxxxxxxx - Director APPENDIX II. SUMMARY OF CONSERVATION MEASURES Habitat Patch Establishment/Creation Requirement OPTIONAL: Buffer Around Created Patch Purpose/Objectives: To create host plant (field mustard) habitat for which the Safe Harbor Agreement is designed butterflies to provide a net conservation benefit lay their eggs and for which incidental take caterpillars to feed, mature, form a chrysalis ("pupa"), and Safe Harbor assurances are authorizedemerge as adults. For this particular Agreement, the covered species is the black- footed ferret. Delist – The removal Purpose/Objectives: To minimize accidental killing of a species from a listed status under the Act. Usually delisting is a result of successful recovery actions any caterpillars and chrysalises that have increased a species’ numbers and addressed threats to its viability. For the black-footed ferret, delisting is expected to require the establishment of at least 3,000 breeding adult ferrets in 30 or more populations in at least nine states within the historical range of the species, with no fewer than 30 breeding adults in any population. Management efforts will continue to address threats to the species, especially from disease. Downlist – The reclassification of a species from endangered to threatened. Usually downlisting is a result of successful recovery actions that have increased a species’ numbers and addressed some portion of the threats to the species. For the black-footed ferret, downlisting is expected to require the establishment of at least 1,500 breeding adult ferrets in 10 or more populations in at least six states within the historical range of the species, with no fewer than 30 breeding adults in any population. Management efforts will continue to address threats to the species, especially from disease. Endangered species – An animal or plant species in danger of extinction throughout all or a significant portion of its range. Enrolled lands – Non-federal lands (see below) that are included in the Black-footed Ferret Programmatic Safe Harbor Agreement through the process of Cooperators signing and the Permittee issuing Certificates of Inclusion. Experimental population – A population (including its offspring) of a listed species, designated by rule published in the Federal Register, that is wholly separate geographically from other populations of the same species. An experimental population may be subject to less stringent prohibitions than are applied to the remainder immediately outside of the species to which it belongshost plant patches. Incidental Take – Incidental take is the accidental Quantity and Scaling Equity Strips (continuous or inadvertent take of a species listed as threatened spaced) or endangered under the Act while carrying out otherwise legal activities. Kit – A kit is the young of a black-footed ferret. Landowner – Any entity with a legally recognized interest in a parcel of land includingBlocks (single or multiple) …or other workable configuration* Strongly encouraged, but not limited torequired if <1/4 acre, surfacethen approx. 36 sq. ft. approx. 4 f.t x 9 ft. strip OR pull field mustard Approx. 6 ft. x 6 ft. OR pull field mustard * landowners can contact either WDFW or USFWS if they would like to use an alternative configuration. WDFW and USFWS are open to working with landowners on other novel approaches that achieve similar habitat patch objectives. None specifically required if between 1/4 to 1 acre, mineralthen 100 sq. ft. approx. 4 ft. x 25 ft. strip Approx. 10 ft. x 10 ft. Recommend maintaining approx. 5 to 15 ft. "grassland/vegetative" buffer around patch; the buffer should not be mowed or removed until after the flight season (July 1) the following year to protect any chrysalises. if > 1 acre, mortgagethen 50 sq. ft. per acre Strips approx. 4 ft. x length based on size of ownership. (If not a single continuous strip, and/or lease rightsmultiple strips are spaced at least 10 ft apart) Increase square size based on size of ownership. Management Zone – An area adjacent to or near (if not a Conservation Zone. It may or single block, space each block at least 10 ft apart) Avoid Detrimental Habitat OPTIONAL: Address Deer Browse in Created Habitat Patches Allow Monitoring and Salvage/Rescue of the Island Marble Butterfly Purpose/Objectives: To protect butterflies from using habitat patches that may not have occupied prairie dog habitatpersist over their complete life cycle and that could result in significant loss of eggs and caterpillars. All otherwise legal activities may be conducted Habitat of this nature is often referred to as appropriate, including lethal control of prairie dogs––except for the use of anticoagulant toxicants such as chlorophacinone (Rozol®) or diphacinone (Kaput®)an "ecological trap". The Management Zone will be identified on a map Choose one of the enrolled lands. The precise characteristics and size of a Management Zonefollowing two options: Purpose/Objectives: To minimize potential deer browse impacts to host plants, including the associated conservation activities, may vary for each enrolled property, depending on the physical and biological attributes of a particular property, the needs of the Cooperatoreggs, and the potential concerns of non-participating neighboring landownerscaterpillars within created habitat patches. Consequently, site- specific details will be described in each individual Reintroduction Plan. Net conservation benefit –Improved status of the covered species or population as a result of a Safe Harbor Agreement’s conservation actions minus the impacts from any incidental take of the species. Non-essential experimental population – An experimental population whose loss would not appreciably reduce the prospect of survival of the species in the wild. Non-federal lands – Lands owned by entities other than the Federal government, including Tribes (see tribal lands below), States, counties, municipalities, private individuals, and non- governmental organizations. Non-participating landowner – Any landowner within the vicinity of a black-footed ferret reintroduction site developed under the Black-footed Ferret Programmatic Safe Harbor Agreement––including private individuals, Tribes, States, and municipalities––who does not participate. Under this Agreement, non-participating neighboring landowners will be covered for incidental take, via an associated Biological Opinion, of any black-footed ferrets that may disperse onto their lands. Parties – The Permittee, the Cooperator, and others as described in Part 10.3 of this Safe Harbor Agreement and identified in the Reintroduction Plan. Permittee – The entity who holds the 10(a)(1)(A) Enhancement of Survival Permit issued under the Safe Harbor Agreement. Under this Agreement, the Permittee is the Service’s Black-footed Ferret Recovery Coordinator. Programmatic Safe Harbor Agreement (Agreement) – The parent document, prepared Purpose/Objectives: Monitoring - To determine patch use by the Servicebutterfly and estimate the number of individuals. Purpose/Objectives: Salvage/Rescue - To collect eggs, larvae, or chrysalises from habitat patches that describes the conservation strategy and activities that will cannot be carried out to provide a net conservation benefit for the covered species, in this case the black-footed ferret. It also describes the process and requirements for developing the site-specific Reintroduction Plans for lands to be voluntarily enrolled in the Agreement. Reintroduction Plan – The document that describes site-specific characteristics of any lands enrolled in this Agreement. It will include: (1) a description of the ownership interest; (2) a map of the enrolled land, identifying boundaries of any nearby Conservation and Management Zones; (3) a description of the conservation activities to be carried out in any Conservation and Management Zones on the enrolled lands; and (4) a description of any activities maintained or that may be prohibited within the Conservation at risk due to unforeseen threats or Management Zone. The Permittee and the Cooperator will develop a Reintroduction Plan prior to enrollment of any property and prior to issuing any Certificate of Inclusion. Upon completion, it will be signed by the Permittee and the Cooperator. Information provided in a Reintroduction Plan could be made public as a result of a Freedom of Information Act request. A template for the Reintroduction Plan is in Appendix B of this Safe Harbor Agreementhabitat conditions.