Common use of Fish Clause in Contracts

Fish. Handling and transport associated with reintroduction, translocation, or monitoring activities are expected to result in temporary physiological stress and altered behavior on individual fish. This effect is expected to dissipate shortly after release. Changes in temperature, turbidity and surroundings of the natural environment may also result in physiological and behavioral stress. Feeding behaviors are not expected to be significantly affected and covered fish species are anticipated to forage in both the artificial and natural environments. After some time, it is expected that the covered fish species will recover from any short-term physiological and behavioral effects and adapt to the new surroundings. Monitoring activities include mostly actions by KDWP to measure the condition of covered fish species habitat and populations status on enrolled lands. Some of these activities may result in take of covered fish species, but such take is anticipated to be minimal and the monitoring is necessary to determine the effectiveness of the reintroduction. Examples of monitoring activities include the following. • Capture and handling of covered fish species by various techniques, including trapping, netting, electrofishing, and angling. • Tagging of covered fish species to measure survival and movement. • Measurement of aquatic physical habitat, including, but not limited to, channel cross sections, habitat unit mapping, riparian zone surveys, and stream temperatures. • Ongoing operation of flow-monitoring devices. Habitat management actions or land use activities in streamside habitats may cause individual fish to disperse away from the activity locations. Such disturbance to individuals is likely to be temporary and, thus, will not likely adversely affect the feeding, breeding, or sheltering of these fish. Reintroduction and monitoring have the potential to result in the injury or mortality of individuals. Estimated incidental take is expected to be less than 1% of the reintroduced population. Any impacts from incidental take would be outweighed by the expected benefits to the local or regional population from reintroduction and habitat management actions.