Incidental Take Authorization. (i) NRCS will extend to participants the incidental take authorization received by NRCS from FWS or NMFS through biological opinions issued as part of the interagency cooperation process under section 7(a)(2) of the ESA;
(ii) NRCS will provide assurances, as a provision of the restoration plan, that when a participant is provided au- thorization for incidental take of a listed species, NRCS will not require management activities related to that species to be undertaken in addition to or different from those specified in the restoration plan without the partici- pant’s consent;
(iii) The program participant will be covered by the authorization to NRCS for incidental take associated with res- toration actions or management ac- tivities. The incidental take may in- clude a return to baseline conditions at the end of the applicable period, if the landowner so desires.
(iv) Provided the landowner has acted in good faith and without intent to vio- late the terms of the HFRP restoration plan, NRCS will pursue all appropriate options with the participant to avoid termination in the event of the need to terminate an HFRP restoration plan that is being properly implemented; and
(v) If the 30-year contract or 10-year restoration cost-share agreement is terminated, any requested assurances, including an incidental take authoriza- tion under this section, provided by NRCS will be voided. As such, the land- owner will be responsible to FWS or NMFS for any violations of the ESA.
Incidental Take Authorization. With respect to Participating Neighbors, this Agreement and its associated section 10(a)(1)(A) permit will authorize take exactly as described in section 2.9.2 of the Agreement with one important exception. That exception is that take that occurs as a result of any change to an enrolled aquatic site that supports leopard frogs from a customary ranching use to a non-ranching use (e.g., development of the site for non-ranching commercial purposes) is authorized under the Agreement with respect to Participating Neighbors. With respect to Participating Landowners, take that occurs as a result of conversion of an aquatic site supporting leopard frogs to another ranching purpose only is authorized under the Agreement.
Incidental Take Authorization. The Cooperator is authorized to use the Enrolled Property in any manner that does not result in a reduction of the populations and/or quantity and quality of habitat for the Covered Species to levels below the established and documented baseline conditions set forth in Section 4.1, above. Via the Certificate, the Cooperator is authorized to engage in take of the Covered Species provided such take is incidental to engaging in otherwise lawful activities on the Enrolled Property. Such activities may include, but are not limited to, driving vehicles, building or fence construction, grazing of livestock, gardening, forestry, hunting, farming, mowing, and cultivation of agricultural crops. The 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 incidental take of individuals of the Covered Species or the loss and/or degradation of habitat, provided the amount of take and/or loss and/or degradation of habitat does not go below the baseline conditions described in Section 4.1, above. Notwithstanding the foregoing, when engaging in incidental take or in activities that would result in the loss and/or degradation of habitat, the Cooperator must:
a. Be in total compliance with the XXXX;
b. Have maintained the required baseline conditions and performed baseline responsibilities; and
c. Have provided written notice in accordance with Section 5, above, prior to engaging in an activity that could result in incidental take of the Covered Species.
Incidental Take Authorization. The Certificate authorizing incidental take of the Covered Species shall not become effective until such time as a Covered Species was officially listed as an “endangered” or “threatened” species under the ESA but would authorize take of the species incidental to the Cooperator engaging in otherwise lawful activities on the Enrolled Property. 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. The Cooperator may continue current land-use practices, management activities and activities specified herein, , or undertake any other lawful use of the Enrolled Property even if such use results in take of a Covered Species or loss and/or degradation of habitat. The FWS recognizes that the level of take specified above is consistent with the overall goal of precluding the need to list the Covered Species and that if the management activities are implemented on other necessary properties, there would be no need to list the species.
Incidental Take Authorization. Cooperator is 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 Part 4 of this XXXX. The Cooperator’s Certificate authorizes 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. 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;
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 written notice is provided as identified in Part 5 above.
Incidental Take Authorization. Should the yellowcheek xxxxxx become listed as threatened or endangered, under the terms of this XXXX, the Cooperator is 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 yellowcheek xxxxxx such that the CCAA standard and goals of the SHA/CCAA are no longer being met.. The Certificate issued to the Cooperator authorizes incidental take of yellowcheek xxxxxx resulting from lawful activities within the enrolled property, from the time the yellowcheek xxxxxx is officially listed pursuant to the Endangered Species Act until such the Permit expires. 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. The Cooperator may continue current land-use practices, practices related to this XXXX, undertake new ones, or make any other lawful use of the property, even if such use results in the take of yellowcheek xxxxxx or loss and/or degradation of habitat in excess of the CCAA standard. [Describe level of take that may potentially occur on the enrolled property based on property acreage, habitat types, and current distribution and population status of yellowcheek xxxxxx.]
Incidental Take Authorization. With respect to Participating Neighbors, this Agreement and its associated Section 10(a)(1)(A) permit will authorize take as described in Section 2.12.2 of the Agreement.
Incidental Take Authorization. (This condition precedent, which was described in earlier drafts of this Agreement, has been satisfied.)
Incidental Take Authorization. Incidental Take Authorization Draft – AECOM will prepare the draft submittal for the Incidental Take Authorization for the American Xxxxx Xxxxxxx. • Incidental Take Authorization Pre-Final – AECOM will revise the draft submittal based on comments received from the MCDOT and IDNR and finalize the doc- ument. • Incidental Take Authorization Public Notice – AECOM will prepare the public no- xxxx, revise it based on comments from MCDOT and IDNR, and publish the pub- lic notice in the State designated newspaper. • Public Comments - AECOM will respond to the public comments as necessary and coordinate those responses with the MCDOT and the IDNR to secure the Authorization.
Incidental Take Authorization. Deleted: This Agreement also will not become effective unless and until YCWA has received incidental-take authorization from NOAA Fisheries under the federal Endangered Species Act for the operations and flow-ramping criteria that are described in the Draft Biological Assessment for Yuba Project (FERC No. 2246) dated September 2003 and transmitted by FERC to NOAA Fisheries on October 10, 2003.
