Incidental Take. This Agreement does not allow for the “take,” or “incidental take” of any federal or State listed threatened or endangered listed species.
Incidental Take. If the LEPC is listed, any incidental take of the LEPC that results from the Participant’s failure to implement a mandatory avoidance or minimization Conservation Measures will remain authorized by the Permit so long as a Notice of Resolution relating to the Conservation Measure at issue is resolved in accordance with the procedures above.
Incidental Take. The Service’s responsibilities include administering the Endangered Species Act of 1973, as amended (Act). Section 3(19) of the Act defines take to mean harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Incidental take is defined as take that is incidental to, but not the purpose of, carrying out an otherwise lawful activity. “
Incidental Take. The activities that occur under this Agreement and that occur on this property may result in incidental take of a tortoise or otherwise impact the Xxxxxx tortoise population established under this Agreement. The Permittee and their affiliates, and their respective employees, agents, representatives, contractors, guests, and invitees will be authorized to incidentally take the tortoises. The covered property in this Agreement is an active ranch. The Permittee’s activities include management of livestock (bison); development and maintenance of ranch infrastructure required to manage livestock; including the development and maintenance of tanks, roads, and fences; activities related to limited solar energy generation; and activities related to nature tourism, hunting, other recreation, and guest lodging. Any take resulting from these activities should be minimal and is expected to consist mainly of accidentally collapsing xxxxxxx and/or striking/killing tortoises with vehicles. Minimization measures, as described in Section 6 above, will reduce the likelihood of this occurring. If the Permittee undertakes any actions that may be reasonably expected to result in incidental taking of any tortoise, including any activities that will return the property to baseline conditions, they will give the FWS at least 60 days advance notice and provide an opportunity to relocate affected individuals. The Parties will work together to minimize negative impacts to covered species from such actions. Under this Agreement, the Permittee is authorized to make use of the enrolled property in any manner that does not result in reducing the population and/or occupied habitat of the covered species below the baseline condition. The permit, once signed, will authorize incidental take of the covered species that is above the baseline condition of the enrolled property, or alteration of occupied habitat, resulting from lawful activities within the enrolled property, until permit expiration. The Permittee may continue current land-use practices or undertake new ones, even if such use results in the loss of species individuals or their habitat covered under this Agreement. Among the activities the Permittee plans to continue, which in no way shall be considered a limitation on any other activity the Permittee desires to engage in, are the following activities that may result in incidental take of the species: road maintenance, hunting, nature tourism, livestock water tank repairs, biso...
Incidental Take. Implementation of covered activities—reintroduction, monitoring, habitat management actions, typical daily land use activities—on enrolled properties has the potential to result in incidental take of covered species. In addition, incidental take of listed covered species could occur because of a landowner returning an enrolled property to baseline conditions. The sections below discuss the potential for incidental take of covered species as a result of implementation of this SHA/CCAA Agreement.
Incidental Take. No spotted owls are currently known to occupy the LCT. Murrelet occupancy has been observed by audio-visual survey for the Diversion Dam parcels (Figure 1-1) but not elsewhere. However, because Everett commits to manage the LCT for substantially longer rotations than the typical 45-year rotation, and to implement additional conservation measures, it is possible that these two listed species may occupy other portions of the covered area in the future. Such occupancy would be considered successful implementation of the agreement. At such time it is possible that incidental take of the species may occur. During the term of the agreement, management activities will not return the covered lands to the baseline condition. This is because baseline blocks will not be harvested during the term of the agreement and because SSAs, SMAs and enhanced riparian buffers are expected to develop into potential suitable murrelet and/or spotted owl habitat. Thus there will always be more than 447 acres of habitat for both the murrelet and spotted owl. Incidental take would likely be in the form of harm from covered forest management activities that result in habitat degradation, and/or harassment from forest management activities that cause disturbance to covered species. Incidental take in the form of harassment by disturbance could occur anywhere in the covered area. Pre-commercial and commercial thinning will likely occur in every decade of the Permit term and if in close proximity to the covered species, could potentially cause disturbance. Harm and harassment could occur during regeneration harvests that will occur during each decade of the Permit term. Everett will perform routine road maintenance and construction activities, including rock pit development, which may disturb covered species. The conditions of incidental take are further described for each species below.
Incidental Take. The authorization for a participating landowner to incidentally take spotted owls under the Permit associated with this Agreement is contingent upon the landowner maintaining the agreed upon baseline conditions for spotted owls and their habitat present on the enrolled property at the time the Stewardship Agreement and Certificate of Inclusion is signed. The only take authorized is incidental take of spotted owls associated with loss of above-baseline habitat. The voluntary habitat enhancement activities undertaken through this Agreement will likely increase the number of spotted owls and the total area of suitable, actively managed spotted owl nesting, roosting, and foraging habitat in Oregon. Above-baseline habitat would include newly developed habitat that did not exist at the time the landowner enrolled or habitat that existed at the time of enrollment, but was unoccupied by spotted owls. While landowners will be permitted to carry out activities that could result in the incidental take of above-baseline spotted owls and their habitat, they may choose not to do so, or not to do so for many years. The participating landowner under a Stewardship Agreement and Certificate of Inclusion will be allowed to develop, harvest trees upon, or make any other lawful use of his/her property, even if such use results in the incidental take of spotted owls associated with above-baseline habitat, provided all of the following qualifications are met:
1. The enrolled landowner must be in compliance with the Stewardship Agreement;
2. The enrolled landowner must have maintained their spotted owl baseline as specified in the Stewardship Agreement;
3. The take is incidental to otherwise lawful activities; and
4. The landowner should provide as much advance notification to ODF as possible, but not less than 30 days in advance, prior to any planned activity which may result in the incidental taking of above-baseline spotted owls through habitat removal or disturbance. The enrolled landowner must notify ODF at least 30 days in advance, unless an emergency prohibits such advance notification in which case the notification should occur as soon as possible prior to the activity. This only applies to landowners that have successfully created new (i.e., above baseline) spotted owl habitat on their property. The report to ODF shall include information necessary to assess the level of incidental take that is anticipated from the proposed activity. The landowner will not be responsible...
Incidental Take. In accordance with ESA regulations, the xxxxxx will be treated as if it were listed under the ESA, regardless of its current regulatory status. Upon approval of the CCAA, the Service will issue SPI a section 10(a)(1)(A) permit, in accordance with 50 CFR 17.22 (d), that would provide SPI with authorization for incidental take of xxxxxx and provide regulatory assurances should the species be listed under the ESA in the future. The permit would authorize incidental take of xxxxxx consistent and associated with this CCAA resulting from the otherwise lawful activities, including forest management activities, on the enrolled lands in Butte, Plumas, and Tehama Counties. Covered forest management activities include felling and bucking timber, yarding timber, loading and landing operations, salvage of timber products, transport of timber and rock, road construction and maintenance, rock pit construction and use, site preparation, tree planting, vegetation control, pre-commercial thinning and pruning, collection of minor forest products, grazing, and fire suppression. Covered activities may be conducted by SPI employees, contractors, agents, or other assigns.
Incidental Take. The following incidental take of RCW(s) may be associated with the management actions that the Cooperator has agreed to undertake under this SHMA: Notwithstanding the foregoing, the Cooperator agrees that the proposed activities that may result in incidental take of RCWs will be conducted only during the non-reproductive season (August 1st through March 31st of the following year), unless otherwise authorized by NCWRC.
Incidental Take. Implementation of covered activities—reintroduction, monitoring, habitat management actions, typical daily land use activities—on enrolled properties has the potential to result in incidental take of covered species. In addition, incidental take of listed covered species could occur because of a landowner returning an enrolled property to baseline conditions. The sections below discuss the potential for incidental take of covered species as a result of implementation of this SHA/CCAA Agreement.
9.1.1 Impacts from Reintroduction and Effectiveness Monitoring Reintroduction will require the transport and release of juvenile alligator snapping turtles. Individuals will be transported via live tanks, marked with a unique identifying tag, and released by hand. Handling and transport of alligator snapping turtles are expected to result in temporary physiological stress and altered behavior. Short-term physiological and behavioral stress may occur as a result of the changed temperature, turbidity, and surroundings of the natural environment. Feeding behaviors are not expected to be significantly affected because turtles will forage for live prey in both the artificial and natural environments. After some time, it is expected that alligator snapping turtles will recover from any short-term physiological and behavioral effects and adapt to the new surroundings. Alligator snapping turtle monitoring may be performed at some or all enrolled properties. Baited traps and/or radio telemetry will be used per standard trapping protocols. These methods require that traps are checked frequently to avoid death or injury of individuals. When captured, turtles are measured and weighed by hand and any new, unmarked turtles will be tagged. Turtles will then be released at the location of capture. Capture and handling are expected to result in short-term physiological stress that will dissipate after it is returned. Although very unlikely, there is some potential for reintroduction and monitoring to result in the injury or mortality of an individual. Estimated incidental take from reintroduction and monitoring is expected to be no more than one individual out 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.
