Common use of Changed or Unforeseen Circumstances Clause in Contracts

Changed or Unforeseen Circumstances. ‌ 16.1.1 Changed circumstances provided for in the 2020 DSL CCAA.‌ 16.1.2 Changed circumstances not provided for in the 2020 DSL CCAA. Changed circumstances not provided for in this CCAA will be treated as unforeseen circumstances as described below (Section 16.1.3) (See 50 CFR §§17.22(d)(5) and 17.32(d)(5)). 16.1.3 Unforeseen circumstances. If additional Conservation Measures (including conservation measures and actions as described in this CCAA) are necessary to respond to unforeseen circumstances, FWS may require additional measures of the Participants, but only if such measures are limited to modifications within the CCAA’s conservation strategy for the affected species, as described in Section 8 of this CCAA, and only if those measures maintain the original terms of the CCAA and CIs to the maximum extent possible. These additional Conservation Measures (including conservation measures and actions as described in this CCAA) will not involve the commitment of additional land, water, financial compensation, or additional restrictions on the use of land, water, or other natural resources available for development or use under the original terms of the CCAA and associated CI without the consent of the individual Participant(s). The FWS will demonstrate if unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the DSL. The FWS will consider, but is not limited to, the following factors: • Size of the current range of the species; • Percentage of range adversely affected by the CCAA; • Percentage of range conserved by the CCAA; • Ecological significance of that portion of the range affected by the CCAA; • Level of knowledge about the affected species and the degree of specificity of the species’ conservation program under the CCAA; and • Whether failure to adopt additional Conservation Measures would appreciably reduce the likelihood of survival and recovery of the DSL in the wild. In the unlikely situation in which an unforeseen circumstance results in likely jeopardy to a species covered by this CCAA and enhancement of survival permit, the Service could revoke this CCAA and permit as a last resort. However, the Service and its cooperators would first exercise all possible means to remedy the situation through other means (50 CFR §§ 17.22(d)(7) and 17.32(d)(7)).

Changed or Unforeseen Circumstances. ‌In the case of changed or unforeseen circumstances, the assurance listed above apply to Participants where the CCAA is being properly implemented. “Changed circumstances” are those alterations in circumstances that can reasonably be anticipated and planned for in the 2020 DSL CCAA. “Unforeseen circumstances” are changes in circumstances that could not reasonably have been anticipated by the Administrator and FWS at the time of the CCAA’s negotiation and development, and result in a substantial and adverse change in the status of the species. 16.1.1 Changed circumstances provided for in the 2020 DSL CCAA.‌CCAA. 16.1.2 Changed circumstances not provided for in the 2020 DSL CCAA. Changed circumstances not provided for in this CCAA will be treated as unforeseen circumstances as described below (Section 16.1.3) (See 50 CFR §§17.22(d)(5) and 17.32(d)(5)). 16.1.3 Unforeseen circumstances. If additional Conservation Measures (including conservation measures and actions as described in this CCAA) are necessary to respond to unforeseen circumstances, FWS may require additional measures of the Participants, but only if such measures are limited to modifications within the CCAA’s conservation strategy for the affected species, as described in Section 8 of this CCAA, and only if those measures maintain the original terms of the CCAA and CIs to the maximum extent possible. These additional Conservation Measures (including conservation measures and actions as described in this CCAA) will not involve the commitment of additional land, water, financial compensation, or additional restrictions on the use of land, water, or other natural resources available for development or use under the original terms of the CCAA and associated CI without the consent of the individual Participant(s). The FWS will demonstrate if unforeseen circumstances exist, using the best scientific and commercial data available. These findings must be clearly documented and based upon reliable technical information regarding the status and habitat requirements of the DSL. The FWS will consider, but is not limited to, the following factors: •  Size of the current range of the species; •  Percentage of range adversely affected by the CCAA; •  Percentage of range conserved by the CCAA; •  Ecological significance of that portion of the range affected by the CCAA; •  Level of knowledge about the affected species and the degree of specificity of the species’ conservation program under the CCAA; and •  Whether failure to adopt additional Conservation Measures would appreciably reduce the likelihood of survival and recovery of the DSL in the wild. In the unlikely situation in which an unforeseen circumstance results in likely jeopardy to a species covered by this CCAA and enhancement of survival permit, the Service could revoke this CCAA and permit as a last resort. However, the Service and its cooperators would first exercise all possible means to remedy the situation through other means (50 CFR §§ 17.22(d)(7) and 17.32(d)(7)).