Failure of topminnow and/or pupfish populations Sample Clauses

Failure of topminnow and/or pupfish populations. It is expected that topminnow and/or pupfish populations within the covered area will, from time to time, fail as a result of one or more of the above factors or other factors. If and when previously extant topminnow and pupfish populations disappear or are in immediate peril (as determined by the Agreement’s monitoring program), the Department and Cooperators will respond cooperatively as follows: a. The cause of failure will be determined, if possible. The cause will likely be an adverse condition such as drought or invasion by nonnative predators and will usually have been identified in advance with an attempt made to correct it. b. An appropriate response will be determined. If a problem can be identified, the decision whether or not to reestablish the topminnow and/or pupfish population will be made based on the following factors: i. The technical and logistical feasibility of correcting the problem, and the likelihood of long term success; ii. The biological importance of the population to the net conservation benefit of the species (section 6 of this Agreement); iii. The willingness of the Cooperator to reestablish the population; and iv. Funding availability to undertake corrective action and reestablish a new population. Generally, the responsibility for monitoring, evaluating, and correcting changed circumstances will not lie with the Cooperator. Exceptions to this would include changed circumstances that are specific to a landowner’s property (e.g. the presence of mosquitofish in a particular stock tank) and associated corrective measures that are clearly identifiable and within the normal scope of management activities (e.g. drying out a stock tank to rid it of mosquitofish). A Cooperator may undertake such measures with appropriate notification to the Department. Otherwise, the responsibility for implementing responses to changed circumstances deemed necessary by the Department will lie with appropriate state and Federal agencies, academic institutions, or other suitable conservation organizations.