Common use of LEVEL OF INCIDENTAL Clause in Contracts

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.

LEVEL OF INCIDENTAL. TAKE‌ TAKE At this time the level of Take is undeterminable. As part of the CCACCAA, 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 under the Section 10 Enhancement of Survival permit is limited to the Covered Activities by or on behalf of Participants on or associated with Enrolled LandsProperties. 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 CCAA 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 CCAA 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.

LEVEL OF INCIDENTAL. TAKE‌ At this time the level of Take is undeterminable. As part of the CCACCAA, 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 under the Section 10 Enhancement of Survival permit is limited to the Covered Activities by or on behalf of Participants on or associated with Enrolled LandsProperties. 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 CCAA 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 CCAA 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.