Description of Safe Harbor Assurances Sample Clauses

Description of Safe Harbor Assurances. Under the terms of this Agreement, a Cooperator will be authorized to make use of their enrolled property in any manner that does not result in reducing the population and/or quantity and quality of habitat for the speckled pocketbook below the established and documented baseline responsibilities set for in the XXXX. The Cooperator’s Certificate will authorize take incidental to otherwise lawful activities on the enrolled property from the time the XXXX becomes effective until expiration of the Certificate. Such activities may include, but are not limited to: driving vehicles, building or fence construction, grazing of livestock, gardening, forestry, hunting, farming, mowing, or cultivation of agricultural crops. A Cooperator may continue current land-use practices, undertake new practices, or make any other lawful use of the enrolled property, even if such use results in the incidental take of the speckled pocketbook or the loss and/or degradation of habitat above the Cooperator’s baseline responsibilities provided that each of the following qualifications and conditions are met: 1. The Cooperator is in total compliance with its XXXX; 2. The Cooperator has maintained his/her speckled pocketbook baseline responsibilities as specified in the XXXX; 3. The Cooperator will only engage in take that is incidental to otherwise lawful activities; and, 4. The Cooperator will not undertake any activity that could result in incidental take until the Cooperator has provided each of the Parties to this Agreement with at least sixty (60) days written notice of the Cooperator’s intention to conduct such activity. The preceding qualifications and conditions will be included in each XXXX. Notwithstanding the minimum 60-day notice requirement in number 4 above, the Cooperator should provide as much advance notification to the Parties as possible. All Parties and/or their agents shall give a coordinated and concerted effort to respond to said written notice. Should the Parties fail to respond to the Cooperator within the 60-day time frame, and provided that each of the preceding qualifications and conditions of 1-4 above has been satisfied, the Cooperator may proceed with the proposed activity. In consideration of the level of incidental take authorized by the Permit, the Parties expect that the goals of this Agreement will be met. Incidental take events are likely to occur sporadically, both geographically and temporally, but it is not expected to nullify and eliminate the ...
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Related to Description of Safe Harbor Assurances

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