Common use of INCIDENTAL TAKE OF COVERED SPECIES Clause in Contracts

INCIDENTAL TAKE OF COVERED SPECIES. As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of individuals of the Covered Species in the course of carrying out otherwise lawful activities. Section 3(19) of the Act defines take to mean to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation which actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harassment is defined by the Service as an intentional or negligent action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Nothing in this Agreement authorizes the District to deliberately kill or injure any such species. Safe harbor agreements are written in anticipation that take of the Covered Species and their progeny could occur at some point in the future. Any take that occurs as a result of a reduction in the quality and/or quantity of the established Baseline on the Enrolled Property is not authorized. Under this Agreement, incidental take could occur as a result of the Beneficial Management Activities and the Other Management Activities, described in Part 5 of this Agreement, and as a result of the potential return to Baseline at the termination of the Agreement and its associated Permit. The District may conduct these activities, even if such use results in the incidental take of individual California red-legged frogs, California tiger salamanders, and Xxxxx'x blue butterflies covered under this Agreement and as authorized in the Permit. The take prohibitions in section 9 of the Act generally do not apply to listed plant species on non-Federal properties. The take prohibitions in section 9 of the Act specifically apply to listed fish or wildlife species; these take prohibitions do not apply to listed plants. The Act does provide protection of listed plants by: prohibiting the removal and reduction to possession of listed plants from areas under Federal jurisdiction; prohibiting the malicious damage or destruction of listed plants on areas under Federal jurisdiction; and prohibiting the removal, cutting, digging up, damaging, or destroying any listed plant on any other areas in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. Xxxxx’x piperia occurs at the Enrolled Property, which is a non-Federal property. Management activities in this Agreement could result in the collection, removal, or reduction to possession of Xxxxx’x piperia seed for restoration purposes, which is not prohibited. Neither the District nor the Service anticipate that established individuals of Xxxxx’x piperia in its native habitat would be cut, dug up, damaged, or destroyed by any management activities under this Agreement. The Beneficial Management Activities have been developed with intent to increase the number of individuals of the Covered Species occurring at the Enrolled Property, while the Other Management Activities are not anticipated to impede these beneficial contributions to the status of each of the Covered Species. As the population of Covered Species increases, individuals of the Covered Species may disperse and/or migrate outside of the areas of suitable habitat, which coincide with the Baseline areas in Part 4 of this Agreement. The Permit would authorize the District, and persons associated with the District, to incidentally take individuals of the Covered Species and their progeny at the Enrolled Property within and outside of the established Baseline area, as a result of the Beneficial Management Activities and the Other Management Activities. Incidental take of individuals within the established Baseline area cannot reduce the quality and/or quantity of the established Baseline area. Such incidental take of the Covered Species could occur as a result of activities associated with restoration, ranching, maintenance, recreation, and other covered activities. Incidental take of California red-legged frogs on the Enrolled Property could occur as a result of: maintaining, enhancing, and restoring habitat and associated activities; ranching and associated activities; implementing pond, grassland, and grazing management activities; conducting education and outreach and associated activities; and conducting maintenance activities. As a result of these activities, incidental take could occur in the form of direct mortality or injury to egg masses, tadpoles, metamorphs, and/or adults through exposure; digging, planting, cutting, or trampling by the District or persons associated with the District; and trampling by cattle. Incidental take of California red-legged frogs could also occur as a result of lawful recreational and associated activities such as trail creation and maintenance, hiking, bicycling, or horseback riding on trails. The Permit would provide the District incidental take coverage for a certain number of California red-legged frogs that could be taken as a result of the Beneficial Management Activities and the Other Management Activities at the Enrolled Property, on a per year basis over the 30-year duration. The Permit would further differentiate the authorized incidental take provided to the District into two subsets: authorized incidental take within the Baseline area; and authorized incidental take outside of the Baseline area. Within the Baseline area, the Permit would authorize the incidental take of the following number of California red- legged frogs per year, in the identified life stage, over the 30-year duration: seven (7) adults or metamorphs or combination thereof; twenty eight (28) tadpoles; and one (1) egg mass. Outside of the Baseline area, the Permit would authorize the incidental take of the following number of California red-legged frogs per year, in the identified life stage, over the 30-year duration: ten

INCIDENTAL TAKE OF COVERED SPECIES. ‌ As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of individuals of the Covered Species in the course of carrying out otherwise lawful activities. Section 3(19) of the Act defines take to mean to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation which actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harassment is defined by the Service as an intentional or negligent action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Nothing in this Agreement authorizes the District to deliberately kill or injure any such species. Safe harbor agreements are written in anticipation that take of the Covered Species and their progeny could occur at some point in the future. Any take that occurs as a result of a reduction in the quality and/or quantity of the established Baseline on the Enrolled Property is not authorized. Under this Agreement, incidental take could occur occur: (1) as a result of the Beneficial Management Activities and the Other Management Activities, described in Part 5 of this Agreement, ; (2) the monitoring described in Part 8 of this Agreement; and (3) as a result of the potential return to Baseline at the termination of the Agreement and its associated Permit. The District Tribe may conduct these activities, even if such use results in the incidental take of individual California red-legged frogs, California tiger salamanders, and Xxxxx'x blue butterflies Xxxxx pupfish covered under this Agreement and as authorized in the Permit. The take prohibitions in section 9 of the Act generally do not apply to listed plant species on non-Federal properties. The take prohibitions in section 9 of the Act specifically apply to listed fish or wildlife species; these take prohibitions do not apply to listed plants. The Act does provide protection of listed plants by: prohibiting the removal and reduction to possession of listed plants from areas under Federal jurisdiction; prohibiting the malicious damage or destruction of listed plants on areas under Federal jurisdiction; and prohibiting the removal, cutting, digging up, damaging, or destroying any listed plant on any other areas in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. Xxxxx’x piperia occurs at the Enrolled Property, which is a non-Federal property. Management activities in this Agreement could result in the collection, removal, or reduction to possession of Xxxxx’x piperia seed for restoration purposes, which is not prohibited. Neither the District nor the Service anticipate that established individuals of Xxxxx’x piperia in its native habitat would be cut, dug up, damaged, or destroyed by any management activities under this Agreement. The Beneficial Management Activities have been developed with the intent to increase the number of individuals establish and maintain a self-sustaining population of the Covered Species occurring Xxxxx pupfish at the Enrolled Property, while the Other Management Activities are not anticipated to impede these the beneficial contributions contribution to the status of each of the Covered Species. As the population of Covered Species increases, individuals of the Covered Species may disperse and/or migrate outside of the areas of suitable habitat, which coincide with the Baseline areas in Part 4 of this Agreement. The Permit would authorize the District, and persons associated with the District, to incidentally take individuals of the Covered Species and their progeny at the Enrolled Property within and outside of the established Baseline area, as a result of the Beneficial Management Activities and the Other Management Activities. Incidental take of individuals within the established Baseline area cannot reduce the quality and/or quantity of the established Baseline area. Such incidental take of the Covered Species could occur as a result of activities associated with restoration, ranching, maintenance, recreation, and other covered activities. Incidental take of California red-legged frogs on the Enrolled Property could occur as a result of: maintaining, enhancing, and restoring habitat and associated activities; ranching and associated activities; implementing pond, grassland, and grazing management activities; conducting education and outreach and associated activities; and conducting maintenance activities. As a result of these activities, incidental take could occur in the form of direct mortality or injury to egg masses, tadpoles, metamorphs, and/or adults through exposure; digging, planting, cutting, or trampling by the District or persons associated with the District; and trampling by cattle. Incidental take of California red-legged frogs could also occur as a result of lawful recreational and associated activities such as trail creation and maintenance, hiking, bicycling, or horseback riding on trails. The Permit would provide the District incidental take coverage for a certain number of California red-legged frogs that could be taken as a result of the Beneficial Management Activities and the Other Management Activities at the Enrolled Property, on a per year basis over the 30-year duration. The Permit would further differentiate the authorized incidental take provided to the District into two subsets: authorized incidental take within the Baseline area; and authorized incidental take outside of the Baseline area. Within the Baseline area, the Permit would authorize the incidental take of the following number of California red- legged frogs per year, in the identified life stage, over the 30-year duration: seven (7) adults or metamorphs or combination thereof; twenty eight (28) tadpoles; and one (1) egg mass. Outside of the Baseline area, the Permit would authorize the incidental take of the following number of California red-legged frogs per year, in the identified life stage, over the 30-year duration: tenXxxxx pupfish.

INCIDENTAL TAKE OF COVERED SPECIES. As used in this Agreement, incidental take refers to the unintentional or unavoidable killing harassment, killing, or injuring of individuals of the Covered Species in the course of carrying out otherwise lawful activities. Section 3(19) of the Act defines take to mean to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation which actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harassment is defined by the Service as an intentional or negligent action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Nothing in this Agreement authorizes the District DPR to deliberately kill kill, injure, or injure harass any such species. Safe harbor agreements are written in anticipation that take of the Covered Species and their progeny could occur at some point in the future. Any take that occurs as a result of a reduction in the quality and/or quantity of the established Baseline on the Enrolled Property is not authorized. Under this Agreement, incidental take could occur as a result of the Beneficial Management Activities and the Other Management Activities, described in Part 5 of this Agreement, the surveys and monitoring described in Part 8 of this Agreement, and as a result of the potential return to Baseline at the termination of the Agreement and its associated Permit. The District DPR may conduct these activities, even if such use results in the incidental take of individual California red-legged frogs, California tiger salamanders, frogs and Xxxxx'x blue butterflies covered under this Agreement and as authorized in the Permit. The take prohibitions in section 9 of the Act generally do not apply to listed plant species on non-Federal properties. The take prohibitions in section 9 of the Act specifically apply to listed fish or wildlife species; these take prohibitions do not apply to listed plants. The Act does provide protection of listed plants by: prohibiting the removal and reduction to possession of listed plants from areas under Federal jurisdiction; prohibiting the malicious damage or destruction of listed plants on areas under Federal jurisdiction; and prohibiting the removal, cutting, digging up, damaging, or destroying any listed plant on any other areas in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. Xxxxx’x piperia occurs at the Enrolled Property, which is a non-Federal property. Management activities in this Agreement could result in the collection, removal, or reduction to possession of Xxxxx’x piperia seed for restoration purposes, which is not prohibited. Neither the District nor the Service anticipate that established individuals of Xxxxx’x piperia in its native habitat would be cut, dug up, damaged, or destroyed by any management activities under this Agreement. The Beneficial Management Activities have been developed with intent to increase the number and distribution of individuals of the Covered Species occurring at the Enrolled Property, while the Other Management Activities are not anticipated to impede these beneficial contributions to the status of each of the Covered Species. As the population populations of the Covered Species increasesincrease, individuals of the Covered Species may disperse and/or migrate outside of the areas of suitable habitat, which coincide with the Baseline areas in Part 4 of this Agreement. The Permit would authorize the DistrictDPR, and persons associated with the DistrictDPR, to incidentally take individuals of the Covered Species and their progeny at the Enrolled Property within and outside of the established Baseline area, as a result of the Beneficial Management Activities and the Other Management Activities. Incidental take of individuals within the established Baseline area canmust not reduce the quality and/or quantity of the established Baseline area. Such incidental take of the Covered Species could occur as a result of activities associated with restoration; Park management and maintenance; trail development, ranchingclosure, and maintenance, ; visitor use and recreation, ; and other covered activitiesactivities as outlined in Part 5 of this Agreement. Incidental take of California red-legged frogs Xxxxx'x blue butterflies on the Enrolled Property could occur as a result of: maintaining, enhancing, and restoring habitat and associated activities; ranching Park management and maintenance and associated activities; implementing pondtrail development, grasslandclosure, and grazing management activities; conducting education and outreach maintenance and associated activities; visitor use and recreation; damage and direct loss of its host plant, seacliff buckwheat; temporary habitat loss; disturbance and displacement; and conducting maintenance activities. As a result of these activities, incidental take could occur in the form of direct mortality or injury to egg massesof eggs, tadpoleslarvae, metamorphspupae, and/or adults through exposure; digging, planting, cutting, or collection, distribution, and sowing of seed from host plants; trampling by the District DPR or persons associated with the DistrictDPR; and trampling by cattlevisitors. Incidental take of California red-legged frogs Xxxxx'x blue butterflies could also occur as a result of lawful recreational and associated activities such as trail creation and maintenance, hiking, bicycling, or horseback riding hiking on trails. Service biologists will also be authorized to incidentally take Xxxxx'x blue butterflies while conducting the above activities under the Permit to assist DPR in the implementation of the Agreement. The Permit would provide the District DPR incidental take coverage for Xxxxx'x blue butterflies occupying and associated with a certain number of California red-legged frogs its host plants (seacliff buckwheat) that could be taken as a result of the Beneficial Management Activities and the Other Management Activities at the Enrolled Property, on a per year basis over the 3015-year duration. Incidental take coverage would be provided in this manner because detecting dead or injured individual Xxxxx'x blue butterflies in the various life stages would be difficult due to their small size and cryptic nature; however, damage to and/or loss of a host plant would be detectable. Therefore, the Permit would authorize DPR to incidentally take all Xxxxx'x blue butterflies, in any life stage, occupying and associated with the below number of its host plants (seacliff buckwheat), that could be killed or injured as a result of damage to and/or loss of its host plant. The Permit would further differentiate the authorized incidental take provided to the District DPR into two subsets: authorized incidental take within the Baseline area; and authorized incidental take outside of the Baseline area. Within the Baseline area, the Permit would authorize the incidental take of the following number of Xxxxx'x blue butterfly host plants (seacliff buckwheat) per year, and all Xxxxx'x blue butterfly individuals in any life stage occupying and associated with those lost or damaged host plants, over the 15- year duration: one hundred (100) seacliff buckwheat plants. Within the Baseline area, we anticipate that injury or mortality to Xxxxx'x blue butterflies would most likely occur as a result of damage to host plants during trail development, operation, and maintenance. The total area of host plants is 1,453.58 acres. The proposed California red- Coastal Trail project would occur within 2.35 acres of the 1,453.58-acre Baseline area, which represents 0.1 percent (%) of the Baseline area. Currently, 1,300 seacliff buckwheat plants occur within this 2.35-acre area along the proposed California Coastal Trail route. Although the precise number of seacliff buckwheat plants that occur within the entire Baseline area is not known, the 1,300 plants located along the proposed California Coastal Trail route are anticipated to be a small percentage of the total number of seacliff buckwheat plants that occur within the entire Baseline area. Over the 15-year duration of the Agreement, some of these plants could be damaged or lost during: the development and operation of the California Coastal Trail; the retiring of other park trails; and trail improvement and maintenance. Outside of the Baseline area, the Permit would authorize the incidental take of the following number of Xxxxx'x blue butterfly host plants (seacliff buckwheat) per year, and all Xxxxx'x blue butterfly individuals in any life stage occupying and associated with those lost or damaged host plants, over the 15-year duration: five (5) seacliff buckwheat plants. Outside of the Baseline area we anticipate that injury or mortality to Xxxxx'x blue butterflies would most likely occur as a result of damage of host plants during maintenance activities. Incidental take of California red-legged frogs on the Enrolled Property could occur as a result of: maintaining, enhancing, and restoring habitat and associated activities; construction of foot bridges over Xxxxxxxxx and Xxxx Creeks; and conducting maintenance activities. As a result of these activities, incidental take could occur in the form of direct mortality or injury or indirect harassment to juveniles and/or adults through exposure; digging, planting, cutting, or trampling by DPR or persons associated with DPR; during bridge construction; and trampling by visitors. Service biologists will also be authorized to incidentally take California red-legged frogs while conducting the above activities under the Permit to assist DPR in the implementation of the Agreement. The Permit would provide DPR incidental take coverage for a certain number of California red-legged frogs that could be taken as a result of the Management Activities at the Enrolled Property, on a per-year basis over the 15-year duration. Within the Baseline area, the Permit would authorize the incidental take of the following number of California red-legged frogs per year, in the identified life stage, over the 3015-year duration: seven two (72) adults or metamorphs juveniles or combination thereof; twenty eight (28) tadpoles; and one (1) egg mass. Outside of the Baseline area, the Permit would authorize the incidental take of the following number of California red-legged frogs per year, in the identified life stage, over the 3015-year duration: tenone (1) adult or juvenile. Outside of the Baseline area we anticipate that injury or mortality to California red-legged frogs would most likely occur as a result of exposure or trampling during maintenance activities. Incidental take of Xxxxx'x blue butterflies and California red-legged frogs could occur as a result of conducting survey and monitoring activities at the Enrolled Property. As a result of surveys and monitoring, incidental take of Xxxxx'x blue butterflies and California red-legged frogs could occur in the form of harassment, injury, or mortality to all life stages through trampling by DPR or persons associated with DPR. Service biologists will also be authorized to incidentally take Xxxxx'x blue butterflies and California red-legged frogs while conducting survey and monitoring activities under the Permit to assist DPR in the implementation of the Agreement. Additionally, during these survey and monitoring activities, Service biologists may capture and handle any Xxxxx'x blue butterflies and any California red-legged frogs, in any life stage, for identification purposes. The Permit would authorize DPR, and persons conducting activities on behalf of DPR, to incidentally take individuals of the Covered Species and their progeny as a result of activities associated with the return to Baseline conditions. Because the Baseline for each of the Covered Species on the Enrolled Property has been determined as an area of suitable habitat, which coincides with the Baseline areas in Part 4 of this Agreement, activities that would result in a return to Baseline could include those activities that would reduce or remove any additional suitable habitat that has developed over the term of the Agreement, in addition to the Baseline areas. Such activities could include bulldozing, mowing, discing, and/or compacting soil. Incidental take of California red-legged frogs and Xxxxx'x blue butterflies could occur, as a result of the return to Baseline conditions on the Enrolled Property, in the form of direct mortality or injury of eggs, larvae, juveniles, pupae, or adults through exposure, habitat loss, cutting or removal of breeding or foraging habitat, disturbance, displacement, or trampling by the DPR, persons associated with DPR, or other authorized personnel. The Permit would authorize the incidental take of all California red-legged frogs and/or all Xxxxx'x blue butterflies outside of their respective Baseline areas that could result from activities associated with the return to Baseline. The Permit would not authorize incidental take of California red-legged frogs or Xxxxx'x blue butterflies within their respective Baseline areas based on activities associated with the return to Baseline. The Parties expect that the maximum level of take authorized under this Agreement and Permit will never be realized because DPR will implement the Avoidance and Minimization Measures in Part 5 of this Agreement to reduce the likelihood that take would occur. Additionally, the maximum level of take is not expected to be realized because, as identified in Part 8 of this Agreement, DPR is required to notify the Service of any planned activity that DPR reasonably anticipates will result in take of the Covered Species on the Enrolled Property, including a return of the Enrolled Property to the Baseline conditions, and provide the Service the opportunity to capture and relocate any individuals that could potentially be affected. Incidental take of California red-legged frogs and Xxxxx'x blue butterflies could occur in the form of capture as a result of these activities. The Permit would authorize Service biologists to capture the Covered Species for such activities. Certain activities by DPR outside of the identified Baseline areas, which will not be considered a limitation on any other activity DPR desires to engage in, that may result in incidental take of the Covered Species are: (1) emergency actions; (2) maintenance of drainages; (3) remedial actions to protect property from erosion; and (4) activities associated with fire prevention, suppression, and response. Incidental take resulting from these activities will be covered under the authorization in the Permit, as discussed above.

INCIDENTAL TAKE OF COVERED SPECIES. As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of individuals of the Covered Species in the course of carrying out otherwise lawful activities. Section 3(19) of the Act defines take to mean to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation which actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harassment is defined by the Service as an intentional or negligent action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Nothing in this Agreement authorizes the District Landowner to capture, collect, or deliberately kill or injure any such species. Safe harbor agreements are written in anticipation that take of the Covered Species and their progeny could occur at some point in the future. Any take that occurs as a result of a reduction in the quality and/or quantity of the established Baseline on the Enrolled Property is not authorized. Under this Agreement, incidental take could occur as a result of the Beneficial Management Activities and the Other Management Activities, described in Part 5 of this Agreement, and as a result of the potential return to Baseline at the termination of the Agreement and its associated Permit. The District Landowner may conduct these activities, even if such use results in the incidental take of individual California red-legged frogs, California tiger salamanders, and Xxxxx'x blue butterflies frogs covered under this Agreement and as authorized in the Permit. The take prohibitions in section 9 of the Act generally do not apply to listed plant species on non-Federal properties. The take prohibitions in section 9 of the Act specifically apply to listed fish or wildlife species; these take prohibitions do not apply to listed plants. The Act does provide protection of listed plants by: prohibiting the removal and reduction to possession of listed plants from areas under Federal jurisdiction; prohibiting the malicious damage or destruction of listed plants on areas under Federal jurisdiction; and prohibiting the removal, cutting, digging up, damaging, or destroying any listed plant on any other areas in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. Xxxxx’x piperia occurs at the Enrolled Property, which is a non-Federal property. Management activities in this Agreement could result in the collection, removal, or reduction to possession of Xxxxx’x piperia seed for restoration purposes, which is not prohibited. Neither the District nor the Service anticipate that established individuals of Xxxxx’x piperia in its native habitat would be cut, dug up, damaged, or destroyed by any management activities under this Agreement. The Beneficial Management Activities have been developed with intent to increase the number of individuals of the Covered Species occurring at the Enrolled Property, while the Other Management Activities are not anticipated to impede these this beneficial contributions contribution to the status of each of the Covered Species. As the population of Covered Species increases, individuals of the Covered Species may disperse and/or migrate outside of the areas of suitable habitat, which coincide coincides with the Baseline areas area in Part 4 of this Agreement. The Permit would authorize the DistrictLandowner, and persons associated with the DistrictLandowner, to incidentally take individuals of the Covered Species and their progeny at the Enrolled Property within and outside of the established Baseline area, as a result of the Beneficial Management Activities and the Other Management Activities. Incidental take of individuals within the established Baseline area cannot reduce the quality and/or quantity of the established Baseline area. Such incidental take of the Covered Species could occur as a result of activities associated with restoration, ranching, maintenance, recreation, and other covered activities. Incidental take of California red-red- legged frogs on the Enrolled Property could occur as a result of: maintaining, enhancing, and restoring habitat and associated activitieshabitat; ranching and associated activities; implementing pond, grassland, pond and grazing management activities; conducting education and outreach and associated activities; hosting group events, school field trips, and wedding events; and conducting maintenance activities. As a result of these activities, incidental take could occur in the form of direct mortality or injury to egg masses, tadpoles, metamorphs, and/or adults through exposure; digging, planting, cutting, or trampling by the District Landowner or persons associated with the DistrictLandowner; and trampling by cattle. Incidental take of California red-legged frogs could also occur as a result of lawful recreational and associated activities such as trail creation and maintenance, hiking, bicycling, or horseback riding on trails. The Permit would provide the District Landowner incidental take coverage for a certain number of California red-legged frogs that could be taken as a result of the Beneficial Management Activities and the Other Management Activities at the Enrolled Property, on a per year basis over the 30-year duration. The Permit would further differentiate the authorized incidental take provided to the District Landowner into two subsets: authorized incidental take within the Baseline area; and authorized incidental take outside of the Baseline area. Within the Baseline area, the Permit would authorize the incidental take of the following number of California red- red-legged frogs per year, in the identified life stage, over the 30-year duration: seven two (72) adults or metamorphs or combination thereof; twenty eight ten (2810) tadpoles; and one (1) egg mass. Outside of the Baseline area, the Permit would authorize the incidental take of the following number of California red-legged frogs per year, in the identified life stage, over the 30-year duration: tenten (10) adults or metamorphs or combination thereof. Take of tadpoles and egg masses outside of the Baseline area is not anticipated because all aquatic habitat at the Enrolled Property occurs within the Baseline area; therefore, California red-legged frogs in one of these aquatic life stages would not occur outside of the Baseline area. The Permit would authorize the Landowner, and persons associated with the Landowner, to incidentally take individuals of the Covered Species and their progeny as a result of activities associated with the return to Baseline conditions. Because the Baseline for the Covered Species on the Enrolled Property has been determined as an area of suitable habitat, which coincides with the Baseline area in Part 4 of this Agreement, activities that would result in a return to Baseline could include those activities that would reduce or remove any additional suitable habitat that has developed over the term of the Agreement, in addition to the Baseline area. Such activities could include bulldozing, discing, and/or compacting soil. Incidental take of California red-legged frogs could occur, as a result of the return to Baseline conditions on the Enrolled Property, in the form of direct mortality or injury of California red-legged frogs through exposure, habitat loss, disturbance, displacement, or trampling by the Landowner or other associated personnel. The Permit would authorize the incidental take of all California red-legged frogs outside of the Baseline area that could result from activities associated with the return to Baseline. The Permit would not authorize incidental take of California red-legged frogs within the Baseline area based on activities associated with the return to Baseline. The Parties expect that the maximum level of take authorized under this Agreement and Permit will never be realized because the Landowner will implement the avoidance and minimization measures in Part 5 of this Agreement to reduce the likelihood that take would occur. Additionally, the maximum level of take is not expected to be realized because, as identified in Part 8 of this Agreement, the Landowner is required to notify the Service of any planned activity that the Landowner reasonably anticipates will result in take of the Covered Species on the Enrolled Property, including a return of the Enrolled Property to the Baseline conditions, and provide the Service the opportunity to capture and relocate any individuals that could potentially be affected. Incidental take of California red-legged frogs could occur in the form of capture as a result of these activities. Certain activities by the Landowner outside of the identified Baseline area, which will not be considered a limitation on any other activity the Landowner desires to engage in, that may result in incidental take of the Covered Species are: (1) maintenance of drainages and retention basins;

INCIDENTAL TAKE OF COVERED SPECIES. ‌ As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of individuals of the Covered Species in the course of carrying out otherwise lawful activities. Section 3(193(18) of the Act defines take to mean to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation which that actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harassment is defined by the Service as an intentional or negligent action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Nothing in this Agreement authorizes the District CDPR or persons associated with CDPR to deliberately kill or injure any such species. Safe harbor agreements Harbor Agreements are written in anticipation that of take of the Covered Species and their progeny could occur at some point in the future. Any take that occurs as a result of a reduction in the quality and/or quantity of the established Baseline on the Enrolled Property Properties is not authorized. Under this Agreement, incidental take could occur occur: (1) as a result of translocation and reestablishment activities; (2) as a result of the Beneficial Management Activities and the Other Management Activities, described in Part 5 of this Agreement, ; (3) as a result of the monitoring described in Part 8 of this Agreement; and (4) as a result of the potential return to Baseline at the termination end of the term of this Agreement and its associated Permit. The District CDPR may conduct these activities, activities even if such use results in the incidental take of individual California red-legged frogs, California tiger salamanders, and Xxxxx'x blue butterflies frogs covered under this Agreement and as authorized in the Permit. The Permit would authorize CDPR, and persons associated with CDPR, to incidentally take prohibitions in section 9 individual California red-legged frogs while conducting activities associated with the translocation and reestablishment of the Act generally do not apply to listed plant species on non-Federal properties. The take prohibitions in section 9 of the Act specifically apply to listed fish or wildlife species; these take prohibitions do not apply to listed plants. The Act does provide protection of listed plants by: prohibiting the removal and reduction to possession of listed plants from areas under Federal jurisdiction; prohibiting the malicious damage or destruction of listed plants on areas under Federal jurisdiction; and prohibiting the removal, cutting, digging up, damaging, or destroying any listed plant on any other areas in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. Xxxxx’x piperia occurs at the Enrolled PropertyProperties. Such incidental take of California red-legged frogs could occur as a result of activities associated with the capture and translocation of individuals from the source population for reestablishment into suitable habitat at the Enrolled Properties. Only California red-legged frog egg masses would be targeted for translocation. As a result of translocation activities, which is a non-Federal property. Management activities in this Agreement incidental take could result occur in the collectionform of direct mortality or injury to California red-legged frog eggs or tadpoles if any eggs happen to hatch during translocation, removalthrough suffocation, desiccation, exposure, stranding, entrainment, or reduction trampling by CDPR, NPS, or other persons assisting CDPR. Service biologists will also be authorized to possession incidentally take California red-legged frogs while conducting the above activities to assist CDPR in the implementation of Xxxxx’x piperia seed for restoration purposes, which is not prohibitedthe Agreement. Neither The number of California red-legged frog egg masses removed from the District nor source site during any single capture and translocation event would be determined by the Service anticipate that established individuals of Xxxxx’x piperia in its native habitat and NPS and would be cut, dug up, damaged, or destroyed no more than one-half of any single egg mass and limited to no more than 10 percent of the source population estimate made visually through direct counts at the time of translocation. The time of year for any translocation and reestablishment activities would be determined by any management activities under this Agreementthe Service and NPS in coordination with CDPR. The Beneficial Management Activities have been developed with intent to increase the number reestablish and maintain a self-sustaining population of individuals California red-legged frogs at each of the Covered Species occurring at the Enrolled PropertyProperties, while the Other Management Activities are not anticipated to impede these beneficial contributions to the status of each of the Covered SpeciesCalifornia red-legged frog. As the population populations of Covered Species increasesCalifornia red-legged frogs increase, individuals of the Covered Species may disperse and/or migrate outside of the areas of suitable habitat, which coincide with the Baseline areas in Part 4 of this the Agreement. The Provided the elevated Baseline for species presence has been met, the Permit would authorize the DistrictCDPR, and persons associated with the DistrictCDPR, to incidentally take individuals of the Covered Species individual California red-legged frogs and their progeny at the Enrolled Property Properties within and outside of the established Baseline areaareas, as a result of the Beneficial Management Activities and the Other Management Activities. The Permit would authorize CDPR, and persons associated with CDPR, to incidentally take individuals of the California red-legged frog and their progeny at the Enrolled Properties within and outside of the established Baseline areas, as a result of the Management Activities. Incidental take of individuals within the established Baseline area cannot reduce the quality and/or quantity of the established Baseline area. Such incidental take of the Covered Species could occur as a result of activities associated with restoration, ranching, maintenance, recreation, and other covered activities. Incidental take of California red-legged frogs on at the Enrolled Property Properties could occur as a result of: maintainingactivities associated with restoring habitat; recreational, enhancingeducation, and restoring habitat and associated research activities; ranching maintaining and associated activitiesimproving existing facilities such as of campgrounds or trails; implementing pond, grassland, and grazing management activities; conducting education and outreach and associated activitiesmonitoring; and conducting maintenance activitiesactivities associated with park facility or road maintenance, fuel modification, law enforcement, or filming and special events. As a result of these activities, incidental take could occur in the form of direct mortality or injury to egg masseseggs, tadpoles, metamorphs/juveniles, and/or adults through suffocation, desiccation, exposure; , stranding, entrainment, digging, planting, cutting, or trampling by the District CDPR or persons associated with the District; and trampling by cattleCDPR. Incidental Service biologists will also be authorized to incidentally take of California red-legged frogs could also occur as a result while conducting the above activities to assist CDPR in the implementation of lawful recreational and associated activities such as trail creation and maintenance, hiking, bicycling, or horseback riding on trailsthe Agreement. The Permit would provide the District CDPR incidental take coverage for a certain number of California red-red- legged frogs that could be taken as a result of the Beneficial Management Activities Activities, as described above and the Other Management Activities in Part 5 of this Agreement, at the Enrolled PropertyProperties, on a per year basis over the 3050-year durationpermit term. The Permit would further differentiate the authorized incidental take provided to the District into two subsets: authorized incidental take within the Baseline area; and authorized incidental take outside of the Baseline area. Within the Baseline area, the Permit would authorize the incidental take of the following number of California red- red-legged frogs per year, year in the identified life stage, over the 3050-year duration: seven (7) adults or metamorphs or combination thereof; twenty eight (28) tadpoles; and one (1) egg mass. Outside of Within the Baseline areaareas, the Permit would authorize the incidental take of the following number of California red-legged frogs per yearyear at each Enrolled Property (independent of the others), in the identified life stage, over the 3050-year duration: tenfive (5) adults or metamorphs/juveniles or combination thereof; twenty five (25) tadpoles; and one (1) egg mass. Outside of the Baseline areas, the Permit would authorize the incidental take of the following number of California red-legged frogs per year at each Enrolled Property (independent of the others), in the identified life stage, over the 50-year duration: one (1) adult or metamorph/juvenile or combination thereof. Outside of the Baseline areas we anticipate that injury or mortality to California red-legged frogs would most likely occur as a result of exposure or trampling during maintenance activities. Incidental take of California red-legged frogs could occur as a result of conducting survey and monitoring activities at the Enrolled Properties. As a result of these surveys and monitoring, incidental take of California red-legged frogs could occur in the form of harassment, injury, or mortality to all life stages through exposure, suffocation, desiccation, stranding, entrainment, or trampling by CDPR, NPS, or persons associated with CDPR. Service biologists will also be authorized to incidentally take California red-legged frogs while conducting survey and monitoring activities to assist CDPR in the implementation of the Agreement. Additionally, during these survey and monitoring activities, Service biologists may capture and handle any California red-legged frogs, in any life stage, for identification purposes. The Permit would authorize CDPR, and persons conducting activities on behalf of CDPR, to incidentally take individuals of the Covered Species and their progeny as a result of activities associated with the return to Baseline conditions. The Baseline conditions are described in Part 4 of this Agreement and consist of (1) the Baseline area for suitable habitat and (2) the elevated Baseline for species presence. Because the Baseline area has been determined as the current area of suitable habitat for the California red-legged frog at each of the Enrolled Properties, activities that would result in a return to Baseline area could include those activities that would reduce or remove any additional suitable habitat that has been created or developed over the term of the Agreement, in addition to the areas of suitable habitat identified in Part 4 of this Agreement. Incidental take of California red-legged frogs (including adults, juveniles/metamorphs, tadpoles, and eggs) could occur, as a result of the return to the Baseline area at the Enrolled Properties, in the form of direct mortality or injury to California red-legged frogs through habitat loss, suffocation, desiccation, exposure, stranding, entrainment, digging, planting, cutting, or trampling by CDPR or persons associated with CDPR. The Permit would authorize the incidental take of all California red-legged frogs outside the Baseline areas that could result from activities associated with the return to Baseline area. Because the elevated Baseline for the California red-legged frog at an Enrolled Property consists of its suitable habitat being occupied by a self-sustaining population of the species, a return to Baseline could result in the removal of individuals from any additional habitat that has been created over the term of the Agreement. A return to the elevated Baseline could entail removing all California red-legged frogs in all life stages in any newly created habitat area at an Enrolled Property, provided that a self-sustaining population of the California red-legged frog and the Baseline habitat remains at that Enrolled Property. Incidental take of California red-legged frogs could occur, as a result of the return to the elevated Baseline at an Enrolled Property, in the form of direct mortality or injury to California red-legged frogs (including adults, juveniles/metamorphs, tadpoles, and eggs) through exposure, suffocation, desiccation, stranding, entrainment, or trampling by CDPR or persons associated with CDPR. The Permit would authorize the incidental take of all California red- legged frogs above the elevated Baseline that could result from activities associated with the return to the elevated Baseline. The Parties expect that the maximum level of take authorized under this Agreement and Permit will never be realized because CDPR will implement the Avoidance and Minimization Measures in Part 5 of this Agreement to reduce the likelihood that take would occur. Additionally, the maximum level of take is not expected to be realized because, as identified in Part 8 of this Agreement, CDPR is required to notify the Service of any planned activity that CDPR reasonably anticipate will result in take of the Covered Species on the Enrolled Properties, including a return of any Enrolled Property to the Baseline conditions, and provide the Service the opportunity to capture and relocate any individuals that could potentially be affected. Incidental take of California red-legged frogs could occur in the form of capture, as a result of these activities. Service biologists would be authorized to capture the Covered Species for such activities. Certain activities by CDPR outside of the identified Baseline areas, which will not be considered a limitation on any other activity CDPR desires to engage in, that may result in incidental take of the California red-legged frog are: (1) emergency actions; (2) remedial actions to protect property from erosion and/or flooding; and (3) activities associated with fire prevention, suppression, and response. Incidental take resulting from these activities will be covered under the authorization in the Permit.

INCIDENTAL TAKE OF COVERED SPECIES. Provided that such take is consistent with maintaining the baseline conditions identified in Section 4 (Baseline Determination) hereof (except as otherwise provided herein), the section 10(a)(1)(A) permit shall authorize the taking of unarmored threespine sticklebacks and mountain yellow-legged frogs incidental to otherwise lawful activities by TWC or its employees or agents. These activities include: a. Activities identified in Section 3 (Description of the Enrolled Property) and Section 5 (Beneficial Management Activities); or b. Making any lawful use of the enrolled property after the management activities identified in Section 5 have been initiated and that are not inconsistent with the conservation efforts, including but not limited to recreation, camping, building a Ranger station, and vegetation management. Incidental take in the form of mortality and harm could occur across the 20 acres of lake habitat and 0.46 mile of Siberia Creek, where unarmored threespine stickleback and mountain yellow- legged frogs are expected to occur. Mortality and harm could occur via crushing and dislodging of egg masses. These impacts could occur during recreation and restoration activities and removal of nonnatives, although recreation use around Bluff Lake and Siberia Creek is light. As used in this Agreement, incidental take refers to the unintentional or unavoidable killing or injuring of individuals of the Covered Species unarmored threespine stickleback and mountain yellow-legged frog in the course of carrying out otherwise lawful activities. Section 3(193(18) of the Act defines take to mean to harass, harm, pursue, xxxx, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Service regulations (50 CFR 17.3) define harm to include significant habitat modification or degradation which that actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harassment is defined by the Service as an intentional or negligent action that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Nothing in this Agreement authorizes the District TWC or persons associated with TWC to deliberately kill or injure any such listed species. Safe harbor agreements Harbor Agreements are written in anticipation that of take of the Covered Species federally listed species and their progeny could occur at some point in the future. Any take that occurs as a result of a reduction in the quality and/or quantity amount of habitat in the established baseline is not authorized over the term of the established Baseline on 10(a)(1)(A) permit that the Enrolled Property is not authorizedService proposes to issue in conjunction with this Agreement. Under this Agreement, incidental take of unarmored threespine stickleback and mountain yellow-legged frogs could occur occur: (a) as a result of the Beneficial Management Activities and the Other Management Activities, ongoing/anticipated land uses described in Part Section 3 and planned beneficial management activities described in Section 5 of this Agreement, ; and (b) as a result of the potential return to Baseline baseline at the termination end of the term of this Agreement and its associated Permitincidental take permit. The District TWC may conduct these activities, activities even if such use results in the incidental take of individual California redunarmored threespine stickleback and mountain yellow-legged frogs, California tiger salamanders, and Xxxxx'x blue butterflies frogs covered under this Agreement and as authorized in the Permitpermit. The take prohibitions in section 9 of the Act generally do not apply to listed plant species on non-Federal properties. The take prohibitions in section 9 of the Act specifically apply to listed fish or wildlife species; these take prohibitions do not apply to listed plants. The Act does permit will provide protection of listed plants by: prohibiting the removal and reduction to possession of listed plants from areas under Federal jurisdiction; prohibiting the malicious damage or destruction of listed plants on areas under Federal jurisdiction; and prohibiting the removal, cutting, digging up, damaging, or destroying any listed plant on any other areas in knowing violation of any law or regulation of any State or in the course of any violation of a State criminal trespass law. Xxxxx’x piperia occurs at the Enrolled Property, which is a non-Federal property. Management activities in this Agreement could result in the collection, removal, or reduction to possession of Xxxxx’x piperia seed for restoration purposes, which is not prohibited. Neither the District nor the Service anticipate that established individuals of Xxxxx’x piperia in its native habitat would be cut, dug up, damaged, or destroyed by any management activities under this Agreement. The Beneficial Management Activities have been developed with intent to increase the number of individuals of the Covered Species occurring at the Enrolled Property, while the Other Management Activities are not anticipated to impede these beneficial contributions to the status of each of the Covered Species. As the population of Covered Species increases, individuals of the Covered Species may disperse and/or migrate outside of the areas of suitable habitat, which coincide with the Baseline areas in Part 4 of this Agreement. The Permit would authorize the District, and persons associated with the District, to incidentally take individuals of the Covered Species and their progeny at the Enrolled Property within and outside of the established Baseline area, as a result of the Beneficial Management Activities and the Other Management Activities. Incidental take of individuals within the established Baseline area cannot reduce the quality and/or quantity of the established Baseline area. Such incidental take of the Covered Species could occur as a result of activities associated with restoration, ranching, maintenance, recreation, and other covered activities. Incidental take of California red-legged frogs on the Enrolled Property could occur as a result of: maintaining, enhancing, and restoring habitat and associated activities; ranching and associated activities; implementing pond, grassland, and grazing management activities; conducting education and outreach and associated activities; and conducting maintenance activities. As a result of these activities, incidental take could occur in the form of direct mortality or injury to egg masses, tadpoles, metamorphs, and/or adults through exposure; digging, planting, cutting, or trampling by the District or persons associated with the District; and trampling by cattle. Incidental take of California red-legged frogs could also occur as a result of lawful recreational and associated activities such as trail creation and maintenance, hiking, bicycling, or horseback riding on trails. The Permit would provide the District TWC incidental take coverage for a certain number of California redunarmored threespine stickleback and mountain yellow-legged frogs frog that could be taken as a result of the Beneficial Management Activities and the Other Management Activities at the Enrolled Property, on a per year basis implementation of activities over the 30-year durationpermit term. The Permit would further differentiate the authorized incidental take provided to the District into two subsets: authorized incidental take within the Baseline area; Since any reestablished unarmored threespine stickleback and authorized incidental take outside of the Baseline area. Within the Baseline area, the Permit would authorize the incidental take of the following number of California red- legged frogs per year, in the identified life stage, over the 30-year duration: seven (7) adults or metamorphs or combination thereof; twenty eight (28) tadpoles; and one (1) egg mass. Outside of the Baseline area, the Permit would authorize the incidental take of the following number of California redmountain yellow-legged frogs per yearwill be restricted to Bluff Lake and Siberia Creek, impacts to these species are likely to occur only infrequently. The primary activities that may impact these species include recreation and nonnative species removal. Recreation mainly occurs around the lake and creek and no swimming is allowed. Thus, most recreational activities are not likely to adversely affect covered species; however, the launching and use of canoes may result in the crushing of unarmored threespine stickleback and mountain yellow-legged frogs and the dislodging of egg masses. In addition, the removal of nonnative aquatic vegetation, if necessary, could result in the destruction of unarmored threespine stickleback nests and dislodging of mountain yellow-legged frog egg masses. However, the monitoring of nonnative aquatic vegetation removal during the breeding/spawning season will minimize the potential for these impacts. Nonnative animal removal could include lowering or draining the lake and translocation of unarmored threespine stickleback and mountain yellow-legged frogs during this process, in accordance with a plan that would be developed to minimize potential impacts to these species, as necessary. Due to the identified life stagelack of nonnative animals in Bluff Lake and Siberia Creek, nonnative animal removal is not currently necessary, but would likely have an overall benefit to unarmored threespine stickleback and mountain yellow-legged frog by removing competitors and/or predators. Since the Agreement focuses on minimizing impacts due to recreation activities and does not specifically include an improvement to habitat conditions, we do not expect any unarmored threespine stickleback or mountain yellow-legged frogs to be incidentally taken due to any passive inaction by TWC to return to baseline conditions. The baseline conditions for habitat would be static, unless a changed circumstance such as drought impacted the amount of habitat or the lake was temporarily drained or lowered to assist with nonnative animal removal. The potential for a change circumstance is addressed below in Section 10. Due to annual and seasonal changes in the numbers of unarmored three spine stickleback and mountain yellow-legged frog and the uncertainty regarding the overall success of reestablishment efforts or numbers over the 3030 years of the permit, it’s not possible to specifically determine the numbers of these species that may be incidentally harmed or killed as a result of the actions described above. Thus, we will use habitat as a surrogate. Incidental take could occur across all 20 acres of Bluff Lake and 0.46 mile of Siberia Creek and include all individual unarmored threespine stickleback and mountain yellow-year duration: tenlegged frogs within that area. Recreation impacts are likely to occur infrequently and include only a small portion of a given population, but all unarmored threespine stickleback and mountain yellow-legged frogs that are not translocated from the area during nonnative species removal efforts may be subject to mortality and harm. Regardless, the maximum level of take authorized under this Agreement and Permit is unlikely to be realized due to the implementation of conservation measures such as banning swimming and public education and the low impact and intermittent nature of the proposed activities.