LEVEL OF INCIDENTAL. TAKE Under the ESA Sec. 3(18) “take” is defined as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, collecting any species protected under that act or engaging in any such conduct. The Interior Secretary further defined “harm” as that “which actually injures or kills wildlife, including acts which annoy it to such an extent as to significantly disrupt essential behavioral patterns, which include, but are not limited to, breeding, feeding, or sheltering; significant environmental modification or degradation which has such effects.” (Federal Register 44412, 44416: 1975). In the event that LEPC becomes listed under the ESA, a variety of management and development actions have the potential to result in take of the species. In the case of the LEPC, direct mortality from development may occur from, for example, collisions with fencing or vehicles, but habitat loss due to the tendency of the species to avoid developments has a higher likelihood of a potential source of take. Several sources have documented avoidance of many types of infrastructure by nesting hens (Xxxxxx et al. 2005, Xxxxx et al. 2011, Xxxxxxx et al. In Press). Beyond direct mortality, habitat loss and reduced reproduction, there are also actions that may result in further sources of take. Off-road travel, mineral exploration and construction activities may result in disturbance of lekking behavior, breeding, and nest and brood attendance. In addition, construction and maintenance activities related to development may result in increased travel on primary and secondary roads that lead to increased disturbance beyond what is expected from these roads. And finally, management activities for LEPC conservation purposes, such as common grazing management practices, prescribed burning, and tree removal, all have the potential to result in take. This section is intended to analyze potential impacts or take of LEPCs as a result of the Covered Activities. However, there are several challenges related to estimating take that are unique to the LEPC. First and foremost, the scale of the analysis is large, covering parts of five states. In addition, like most birds, the extent of the range of the species is very much in flux from year to year. Detecting the birds in low density habitat around the periphery of the range is difficult and the species is highly mobile. And finally, LEPC is notoriously difficult to survey, and those surveys occur only when the birds come to...
LEVEL OF INCIDENTAL. TAKE At this time the level of Take is undeterminable. As part of the CCA, monitoring of populations will be required to determine the population status and level of incidental Take on an annual basis. Should the Covered Species be listed under the ESA, authorization for incidental Take is limited to the Covered Activities by or on behalf of Participants on or associated with Enrolled Lands. The actual level of Take of Texas Hornshell or any other Covered Species is largely unquantifiable. Incidental Take could occur as a result of many activities under both agricultural use of the land and oil and gas development. The implementation of the CCA is intended to avoid and minimize the sources of incidental Take from these activities and reduce the threats to these species. Incidental Take could occur as a result of bank destabilization or fluctuation in river flows that modify suitable habitat to an extent that impairs or eliminates successful reproductive and recruitment activities by Texas Hornshell or other Covered Species. Some direct impacts or Take could occur from agricultural operations (e.g., grazing along the riparian areas), traffic across low water crossings, a reduction of river flows, and fish getting trapped at the CID dam. Most of these impacts are expected to be limited and sporadic in nature. Conservation benefits for Texas Hornshell and the Covered Species under the CCA will likely accrue well beyond the duration of the conservation period, especially from habitat enhancement and protection measures. This should result in reduced impacts and incidental Take of the Covered Species. Overall, although impacts and incidental Take are expected to occur, impacts are not expected to be great enough to compromise the establishment and viability of Texas Hornshell or other Covered Species populations within the Black and Delaware rivers.
