Common use of NET CONSERVATION BENEFIT Clause in Contracts

NET CONSERVATION BENEFIT. ‌ The Permittee agrees to voluntarily manage the enrolled lands in a manner designed to provide a net conservation benefit to the covered species, by implementing the conservation measures described in this Agreement aimed at increasing species populations while enhancing, restoring, and maintaining suitable habitat. It is anticipated that the net conservation benefit will be sufficient to contribute, directly or indirectly, to recovery of the covered species, after taking into account the length of the Agreement and any off-setting adverse effects of authorized take. Although the activities stipulated in this Agreement may not permanently conserve or recover covered species populations or their habitats, it does provide important benefits to the covered species including, but not limited to the following: maintenance, restoration, and enhancement of suitable habitat; maintenance and increase of population numbers or distributions; increase in habitat connectivity; reduction of habitat fragmentation; insurance against catastrophic events; establishment of buffers for other protected areas; creation of areas for testing and implementing new conservation strategies; and public education concerning threatened and endangered species and ways to preserve them. The Parties anticipate that this Agreement will result in an increased number and/or distribution of the covered species; and/or an increase in the total area of occupied suitable habitat; and/or an increase in the amount of habitat suitable for foraging, roosting, and/or breeding, within the enrolled lands. The Agreement will also provide an example of a mutually beneficial relationship between government agencies for the benefit of endangered and threatened species, and may provide evidence that such species can coexist with current land-use practices. The Tres Xxxx habitat restoration project involved creating approximately 221 and 61 acres of wetlands and associated habitats for the covered species within the FRW and OBW facilities, respectively, and approximately 175 acres of in-channel desert river vegetation. The restoration efforts included many different types of native plant species. The following associations have been made based upon the identified species within this Agreement. The rail requires habitat along stream sides or marshlands associated with heavy riparian and wetland vegetation, especially cattail and bulrush. The flycatcher uses dense riparian environments, open water, and marshes. Four basic community types have been identified: monotypic willow, monotypic exotic, native broadleaf-dominated, and mixed native/exotic (Xxxxx et al 1997). The cuckoo uses cottonwood-willow dominated riparian vegetation with dense understory foliage but may also use mesquite stands. Covered species habitat in the Tres Xxxx habitat restoration area may be located within the wetland xxxxx and open water communities, in-channel cottonwood/willow association and, to a lesser extent, mesquite bosques. Therefore, it is anticipated that the implementation of this Agreement and the activities it covers, which are facilitated by the authorized take, will provide a net conservation benefit to the covered species. Nevertheless, the failure of the anticipated benefits to accrue as expected shall not be deemed a breach of this Agreement.

NET CONSERVATION BENEFIT. ‌ The Permittee agrees to voluntarily manage the enrolled lands in a manner designed to provide produce a cumulative net conservation benefit to the covered species, by implementing the conservation measures described in this Agreement aimed at increasing to increase species populations while enhancingand enhance, restoringrestore, and maintaining maintain suitable habitat. It is anticipated that the net conservation benefit will be sufficient to contribute, directly or indirectly, to recovery of the covered species, after taking into account the length of the Agreement and any off-setting adverse effects of authorized take. Although the activities stipulated in this Agreement may not permanently conserve or recover covered species populations or their habitats, it does provide important benefits to the covered species including, but not limited to the following: maintenance, restoration, and enhancement of suitable habitat; maintenance and increase of population numbers or distributions; increase in habitat connectivity; reduction of habitat fragmentation; insurance against catastrophic events; establishment of buffers for other protected areas; creation of areas for testing and implementing new conservation strategies; , and public education concerning threatened and endangered species and ways to preserve them. The Parties anticipate that this Agreement will result in an increased number and/or distribution of the covered species; , and/or an increase in the total area of occupied suitable habitat; and/or an increase in the amount of habitat suitable for foraging, roosting, and/or breeding, within the enrolled lands. Without this cooperative government effort, these lands would not otherwise be utilized by the covered species in the foreseeable future. The Agreement will also provide an example of a mutually beneficial relationship between government agencies for the benefit of endangered and threatened species, and may provide evidence that such species can coexist with current land-use practices. The Tres Xxxx habitat restoration efforts of this project involved creating approximately 221 and 61 involve 595 acres of wetlands and associated habitats for the covered species within the FRW and OBW facilities, respectively, and approximately 175 acres of in-channel desert river vegetation. The restoration efforts included habitat and include many different types of native plant species. The following associations have been made based upon the identified species within this AgreementAgreement and the habitat that will exist within the project area. The Yuma xxxxxxx rail requires habitat along stream sides or marshlands associated with heavy riparian and wetland vegetation, especially cattail and bulrush. Within the project limits approximately 37 acres of wetland xxxxx and 43 acres of aquatic strand will exist. The southwestern willow flycatcher uses prefers dense riparian environments, open water, and marshes. Four basic community habitat types have been identified: , monotypic willow, monotypic exotic, native broadleaf-dominated, broadleaf dominated and mixed native/exotic (Xxxxx et al 1997)exotic. The cuckoo uses cottonwood-willow dominated riparian vegetation with dense understory foliage but may also use mesquite stands. Covered species Suitable habitat in the Tres Xxxx habitat restoration area may be located within the approximately 90 acres of cottonwood/willow association, 37 acres of wetland xxxxx, and the 43 acres of aquatic strand that will exist. The cactus ferruginous pygmy-owl typically prefers riparian woodlands, mesquite bosques, and Sonoran desert scrub communities. Cottonwood trees and large mesquites may provide cavities for nesting. Dense mid and lower story vegetation provides necessary protection from predators and an abundance of prey. Approximately 200 acres of mesquite bosque habitat, 90 acres of cottonwood/willow habitat, 32 acres of lower Sonoran habitat (palo verde and mesquite association), and 123 acres of open edge (saltbush, burro xxxx, and brittlebush association) will exist. The bald eagle and Brown Pelican in Arizona are located in close proximity to aquatic habitats. Approximately 37 acres of wetland xxxxx and open water communities43 acres of aquatic strand will exist within the project. For the Gila topminnow and desert pupfish, in-channel cottonwood/willow association and, to a lesser extent, mesquite bosquespossible suitable habitat may include the 37 acres of wetland strand and 43 acres of aquatic strand. Therefore, it is anticipated that the implementation cumulative impact of this Agreement and the activities it covers, which are facilitated by the authorized take, will provide a net conservation benefit to the covered species. Nevertheless, the failure of the anticipated benefits to accrue as expected shall not be deemed a breach of this Agreement.

NET CONSERVATION BENEFIT. ‌ The Permittee agrees to voluntarily manage the enrolled lands in a manner designed Implementation of this Agreement is expected to provide a “net conservation benefit benefit” to the unarmored threespine stickleback and mountain yellow-legged frog. ‘‘Net conservation benefit’’ means the cumulative benefits of the management activities identified in a Safe Harbor Agreement that provide for an increase in a species’ population and/or the enhancement, restoration, or maintenance of covered species’ suitable habitat within the enrolled property, by implementing the conservation measures described in this Agreement aimed at increasing species populations while enhancing, restoring, and maintaining suitable habitat. It is anticipated that the net conservation benefit will be sufficient to contribute, directly or indirectly, to recovery of the covered species, after taking into account the length of the Agreement and any off-setting adverse effects attributable to the incidental taking allowed by the enhancement of authorized takesurvival permit. Although Net conservation benefits must be sufficient to contribute, either directly or indirectly, to the activities stipulated in recovery of the covered species. Based on TWC’s Agreement to continue with management complementary to reestablishment efforts, along with its management actions to reduce any potential conflicts with those efforts, this Agreement may not permanently conserve or recover covered is expected to both directly and indirectly benefit the unarmored threespine stickleback and mountain yellow-legged frog. The indirect benefits are principally the beneficial and important information to be gained about methods to facilitate the species’ recovery. Specifically, upon the initial release of unarmored threespine stickleback and mountain yellow- legged frogs, we expect that there will be a net conservation benefit from the information collected regarding the survival of reestablished individuals that will help us evaluate the feasibility of reestablishments as a recovery measure, specific release methodologies, and interactions between the two species. This information is likely to be gained within the first 5 years of reestablishment efforts. In addition, as a result of the evaluation of reestablishments of this species as a recovery measure, unarmored threespine stickleback and mountain yellow- legged frogs are likely to directly benefit by becoming established within the project area, which would help guard these species from extinction and provide benefits for the duration of the permit (i.e., 30 years), even if those new populations or their habitats, it does provide important benefits would be impacted to the covered species including, but not limited to the following: maintenancesome degree by recreation, restoration, and enhancement of suitable habitat; maintenance and increase of population numbers or distributions; increase in habitat connectivity; reduction of habitat fragmentation; insurance against catastrophic events; establishment of buffers vegetation management. In addition, for other protected areas; creation of areas for testing and implementing new conservation strategies; and public education concerning threatened and endangered species and ways to preserve them. The Parties anticipate that this Agreement will result in an increased number and/or distribution of unarmored threespine stickleback, reestablishment would support measure 2.22 (i.e., establish additional populations, as appropriate) from the covered species; and/or an increase in the total area of occupied suitable habitat; and/or an increase in the amount of habitat suitable for foraging, roosting, and/or breeding, within the enrolled lands. The Agreement will also provide an example of a mutually beneficial relationship between government agencies for the benefit of endangered and threatened species, and may provide evidence that such species can coexist with current land-use practices. The Tres Xxxx habitat restoration project involved creating approximately 221 and 61 acres of wetlands and associated habitats for the covered species within the FRW and OBW facilities, respectively, and approximately 175 acres of in-channel desert river vegetation. The restoration efforts included many different types of native plant species. The following associations have been made based upon the identified species within this Agreement. The rail requires habitat along stream sides or marshlands associated with heavy riparian and wetland vegetation, especially cattail and bulrush. The flycatcher uses dense riparian environments, open water, and marshes. Four basic community types have been identified: monotypic willow, monotypic exotic, native broadleaf-dominated, and mixed native/exotic recovery plan (Xxxxx et al 1997Service 1985). The cuckoo uses cottonwoodFor mountain yellow-willow dominated riparian vegetation with dense understory foliage but may also use mesquite stands. Covered species habitat in legged frog, reestablishment would support measure 6.5 (i.e., reestablish or augment populations using captive-bred or translocated individuals) from the Tres Xxxx habitat restoration area may be located within the wetland xxxxx and open water communities, in-channel cottonwood/willow association and, to a lesser extent, mesquite bosques. Therefore, it is anticipated that the recovery implementation of this Agreement and the activities it covers, which are facilitated by the authorized take, will provide a net conservation benefit to the covered species. Nevertheless, the failure of the anticipated benefits to accrue as expected shall not be deemed a breach of this Agreementstrategy (Service 2018c).

NET CONSERVATION BENEFIT. ‌ In accordance with the Service’s Safe Harbor Policy (64 FR 32717), “net conservation benefit” means that management activities that are part of the Agreement are expected to provide an increase in the Covered Species’ population or distribution, and the enhancement, restoration, or maintenance of Covered Species habitat. The Permittee agrees net conservation benefit will be sufficient to directly or indirectly contribute to recovery of the Covered Species. The goal of this Agreement is to aid in the conservation and recovery of Pahrump poolfish by establishing refuge populations. This will assist in achieving recovery criteria for reclassification, which involves maintaining three populations with a minimum of 500 adults for three years for downlisting. Delisting can be considered only after maintaining downlisting criteria for an additional three-year evaluation period. The Parties reasonably expect that this Agreement will result in the establishment of three (3) and up to ten (10) or more additional refuge populations. As a result, the Parties anticipate this Agreement will result in an increased number and distribution of the covered species within the Enrolled Properties. Without this cooperative government/private effort, Cooperators would not be able to provide suitable habitat for the Covered Species. Therefore, the cumulative impact of this Agreement and the activities it covers, which are facilitated by the authorized take, will provide a net conservation benefit to Pahrump poolfish. Cooperators will voluntarily manage the enrolled lands in to produce a manner designed to provide a cumulative net conservation benefit to the covered species, by implementing the conservation measures described in this Agreement aimed at increasing management activities to increase species populations while enhancingand to create, restoringenhance, and maintaining maintain suitable habitathabitat for covered species. It is anticipated that the The net conservation benefit will be sufficient to contribute, directly or indirectly, to recovery of the covered species, after taking into account the length lengths of the Agreement Cooperative Agreements and any off-setting offsetting adverse effects of authorized take. Although the activities stipulated in this Agreement may Cooperative Agreements will not permanently conserve or recover covered species populations or their habitats, it does they provide for important short- and mid-term benefits to the covered species includingspecies, including but not limited to the following: maintenance• Providing refuge habitat for the Covered Species to increase population numbers or distribution; • Reducing the potential threat from catastrophic events; and • Contributing to research knowledge, restorationmanagement techniques, conservation strategies, and public education and awareness. The beneficial management activities identified in this Agreement (Section 6), and that will be expanded upon in Cooperative Agreements, have been developed to support the conservation and recovery of the Covered Species. These activities include recovery actions, as identified in the recovery plan for the Pahrump poolfish (Service 1980), such as the maintenance of suitable habitat and the creation and enhancement of suitable habitat; maintenance and increase of population numbers or distributions; increase in habitat connectivity; reduction of habitat fragmentation; insurance against catastrophic events; establishment of buffers for other protected areas; creation of areas for testing and implementing new conservation strategies; and public education concerning threatened and endangered species and ways to preserve them. The Parties anticipate Service anticipates that this Agreement will result in an increased number and/or distribution of the covered species; and/or an increase in the total area of occupied suitable habitat; and/or an increase in the amount of habitat suitable for foraging, roosting, and/or breeding, within the enrolled lands. The Agreement will also provide an example of a mutually beneficial relationship between government agencies for the benefit of endangered and threatened species, and may provide evidence that such species can coexist with current land-use practices. The Tres Xxxx habitat restoration project involved creating approximately 221 and 61 acres of wetlands and associated habitats for the covered species within the FRW and OBW facilities, respectively, and approximately 175 acres of in-channel desert river vegetation. The restoration efforts included many different types of native plant species. The following associations have been made based upon the identified species within this Agreement. The rail requires habitat along stream sides or marshlands associated with heavy riparian and wetland vegetation, especially cattail and bulrush. The flycatcher uses dense riparian environments, open water, and marshes. Four basic community types have been identified: monotypic willow, monotypic exotic, native broadleaf-dominated, and mixed native/exotic (Xxxxx et al 1997). The cuckoo uses cottonwood-willow dominated riparian vegetation with dense understory foliage but may also use mesquite stands. Covered species habitat in the Tres Xxxx habitat restoration area may be located within the wetland xxxxx and open water communities, in-channel cottonwood/willow association and, to a lesser extent, mesquite bosques. Therefore, it is anticipated that the implementation of this Agreement and the these management activities it covers, which are facilitated by the authorized take, will provide produce a net conservation benefit to the covered species. Nevertheless, the failure of the anticipated benefits to accrue as expected shall not be deemed a breach of this AgreementCovered Species.

NET CONSERVATION BENEFIT. ‌ The Permittee agrees biological goal of this Agreement is to aid in the conservation and recovery of covered species within their native range in the Pahranagat Valley by protecting and augmenting existing habitat and creating new habitat for the covered species. For as long as management activities are carried out, or the habitat they create persists, enrolled lands will benefit the conservation of covered species. The majority of habitats in Pahranagat Valley essential for recovery and conservation of the covered species occur on private lands. Without this cooperative government/private effort, a Cooperators’ enrolled properties are unlikely to support a population increase of the covered species or a population of those species if they do not now occur on the enrolled lands, and may not continue to support populations of those covered species in the future where they now occur. Therefore, the cumulative impact of this Agreement and the activities it covers, which are facilitated by the authorized take, will provide a net conservation benefit to covered species. The Parties anticipate this Agreement will result in an increased number and/or distribution of the covered species, and/or an increase in the total area of occupied suitable habitat, within the enrolled lands. Based upon the probable species’ response time, the Service estimates it will take 3 years of implementing the planned conservation measures to fully reach a net conservation benefit for White River springfish and Hiko White River springfish, 5 years for Pahranagat roundtail chub, and 5 years for southwestern willow flycatcher. Some level of benefit would likely occur within a shorter time period. Without this cooperative government/private effort, these lands would not otherwise aide in increasing the populations of the covered species, or the available quantity or quality of suitable habitat for those species, in the foreseeable future. The Agreement will also provide an example of a mutually beneficial relationship between government agencies and a private landowner to benefit endangered and threatened species, and evidence that such species can coexist with current land-use practices. Therefore, the cumulative impact of this Agreement and the activities it covers, which are facilitated by the authorized take, will provide a net conservation benefit to the species. Cooperators will voluntarily manage the enrolled lands in to produce a manner designed to provide a cumulative net conservation benefit to the covered species, by implementing the conservation measures described in this Agreement aimed at increasing to maintain or increase species populations while enhancingand/or enhance, restoring, restore and maintaining maintain suitable habitat. It is anticipated that the The net conservation benefit will be sufficient to contribute, directly or indirectly, to recovery of the covered species, after taking into account the length lengths of the Agreement Cooperative Agreements and any off-setting adverse effects of authorized take. Although the activities stipulated in this Agreement Cooperative Agreements may not permanently conserve or recover covered species populations or their habitats, it does they provide for important short- and mid-term benefits to the covered species includingspecies, including but not limited to the following: maintenance, restoration, restoration and enhancement of suitable habitat; maintenance and increase of population numbers or and distributions; increase in habitat connectivity; reduction of habitat fragmentation; insurance against catastrophic events; establishment of buffers for other protected areas; and creation of areas for testing and implementing new conservation strategies; and public education concerning threatened and endangered species and ways to preserve them. The Parties anticipate that actions proposed under this Agreement are of limited duration making the Agreement’s benefits appear transitory. However, the habitat maintained through this Agreement will result in an increased number and/or distribution not necessarily cease to exist upon expiration or termination of the covered species; and/or an increase Agreement because Cooperators may not choose to bring enrolled properties back to baseline at that time or any other time in the total area future. If new landowners continue to enroll under this Agreement over an extended period of occupied suitable habitat; and/or an increase in time, the amount of habitat suitable for foraging, roosting, and/or breeding, within the enrolled landseffect will be to have new land parcels coming under Cooperative Agreements while other Cooperative Agreements may expire. The Agreement net effect will also provide an example be a shifting matrix of a mutually beneficial relationship between government agencies land being maintained for the benefit of endangered and threatened species, and may provide evidence that such species can coexist with current land-use practices. The Tres Xxxx habitat restoration project involved creating approximately 221 and 61 acres of wetlands and associated habitats for the covered species within the FRW and OBW facilitiesconservation, respectively, and approximately 175 acres of in-channel desert river vegetation. The restoration efforts included many different types of native plant species. The following associations have been made based with a net beneficial impact upon the identified species within this Agreement. The rail requires habitat along stream sides or marshlands associated with heavy riparian and wetland vegetation, especially cattail and bulrush. The flycatcher uses dense riparian environments, open water, and marshes. Four basic community types have been identified: monotypic willow, monotypic exotic, native broadleaf-dominated, and mixed native/exotic (Xxxxx et al 1997). The cuckoo uses cottonwood-willow dominated riparian vegetation with dense understory foliage but may also use mesquite stands. Covered species habitat in the Tres Xxxx habitat restoration area may be located within the wetland xxxxx and open water communities, in-channel cottonwood/willow association and, to a lesser extent, mesquite bosques. Therefore, it is anticipated that the implementation of this Agreement and the activities it covers, which are facilitated by the authorized take, will provide a net conservation benefit to the covered species. Nevertheless, the failure of the anticipated benefits to accrue as expected shall not be deemed a breach of this Agreementexisting baseline.

NET CONSERVATION BENEFIT. ‌ The Permittee agrees to voluntarily manage the enrolled lands in to produce a manner designed to provide a cumulative net conservation benefit to the covered species, by implementing the conservation measures described that will establish 169 acres with native vegetation habitat within the Salt River and Indian Bend Wash and retain an additional 13 acres of established Mesquite Bosque habitat north of the 202 freeway. Environmental restoration of the new 169-acre habitat will be complete in this Agreement aimed at increasing 2007. Continued monitoring and maintenance will be implemented through monitoring and adaptive management in an effort to increase species populations while enhancing, restoring, and maintaining and/or enhance/restore/maintain suitable habitat. It is anticipated that the The net conservation benefit will be sufficient to contribute, directly or indirectly, to recovery of the covered species, after taking into account the length of the Agreement and any off-setting adverse effects of authorized take. Although the activities stipulated in this Agreement may not permanently conserve or recover covered species populations or their habitats, it does provide provides for important short-, mid-, or long-term benefits to the covered species includingspecies, including but not limited to the following: maintenance, /restoration, and /enhancement of suitable habitat; maintenance and maintenance/increase of population numbers or distributions; increase in habitat connectivity; reduction of habitat fragmentation; insurance against catastrophic events; establishment of buffers for other protected areas; and creation of areas for testing and implementing new conservation strategies; and public education concerning threatened and endangered species and ways to preserve them. The Parties anticipate that this Agreement will result in an increased number and/or distribution of the covered species; , and/or an increase in the total area of occupied suitable habitat; and/or an increase in the amount of habitat suitable for foraging, roosting, and/or breeding, within the enrolled lands. Without this cooperative government/private effort, these lands would not otherwise be utilized by the species in the foreseeable future. The Agreement will also provide an example of a mutually beneficial relationship between government agencies for the and a non- Federal landowner to benefit of endangered and threatened species, and may provide evidence that such species can coexist with current land-use practices. The Tres Xxxx habitat restoration project involved creating approximately 221 and 61 acres of wetlands and associated habitats for the covered species within the FRW and OBW facilities, respectively, and approximately 175 acres of in-channel desert river vegetation. The restoration efforts included many different types of native plant species. The following associations have been made based upon the identified species within this Agreement. The rail requires habitat along stream sides or marshlands associated with heavy riparian and wetland vegetation, especially cattail and bulrush. The flycatcher uses dense riparian environments, open water, and marshes. Four basic community types have been identified: monotypic willow, monotypic exotic, native broadleaf-dominated, and mixed native/exotic (Xxxxx et al 1997). The cuckoo uses cottonwood-willow dominated riparian vegetation with dense understory foliage but may also use mesquite stands. Covered species habitat in the Tres Xxxx habitat restoration area may be located within the wetland xxxxx and open water communities, in-channel cottonwood/willow association and, to a lesser extent, mesquite bosques. Therefore, it is anticipated that the implementation cumulative impact of this Agreement and the activities it covers, which are facilitated by the authorized take, will provide a net conservation benefit to the covered species. Nevertheless, the failure of the anticipated benefits to accrue as expected shall not be deemed a breach of this Agreement.

NET CONSERVATION BENEFIT. ‌ In accordance with the Service’s Safe Harbor Policy (64 FR 32717), “net conservation benefit” means that management activities that are part of the Agreement are expected to provide an increase in the Covered Species’ population or distribution, and the enhancement, restoration, or maintenance of Covered Species habitat. The Permittee agrees net conservation benefit will be sufficient to directly or indirectly contribute to recovery of the Covered Species. The goal of this Agreement is to aid in the conservation and recovery of Pahrump poolfish by establishing refuge populations. This will assist in achieving recovery criteria for reclassification, which involves maintaining three populations with a minimum of 500 adults for three years for downlisting. Delisting can be considered only after maintaining downlisting criteria for an additional three-year evaluation period. The Parties reasonably expect that this Agreement will result in the establishment of three (3) and up to ten (10) or more additional refuge populations. As a result, the Parties anticipate this Agreement will result in an increased number and distribution of the covered species within the Enrolled Properties. Without this cooperative government/private effort, Cooperators would not be able to provide suitable habitat for the Covered Species. Therefore, the cumulative impact of this Agreement and the activities it covers, which are facilitated by the authorized take, will provide a net conservation benefit to Pahrump poolfish. Cooperators will voluntarily manage the enrolled lands in to produce a manner designed to provide a cumulative net conservation benefit to the covered species, by implementing the conservation measures described in this Agreement aimed at increasing management activities to increase species populations while enhancingand to create, restoringenhance, and maintaining maintain suitable habitathabitat for covered species. It is anticipated that the The net conservation benefit will be sufficient to contribute, directly or indirectly, to recovery of the covered species, after taking into account the length lengths of the Agreement Cooperative Agreements and any off-setting offsetting adverse effects of authorized take. Although the activities stipulated in this Agreement may Cooperative Agreements will not permanently conserve or recover covered species populations or their habitats, it does they provide for important short- and mid-term benefits to the covered species includingspecies, including but not limited to the following: maintenance Providing refuge habitat for the Covered Species to increase population numbers or distribution;  Reducing the potential threat from catastrophic events; and  Contributing to research knowledge, restorationmanagement techniques, conservation strategies, and public education and awareness. The beneficial management activities identified in this Agreement (Section 6), and that will be expanded upon in Cooperative Agreements, have been developed to support the conservation and recovery of the Covered Species. These activities include recovery actions, as identified in the recovery plan for the Pahrump poolfish (Service 1980), such as the maintenance of suitable habitat and the creation and enhancement of suitable habitat; maintenance and increase of population numbers or distributions; increase in habitat connectivity; reduction of habitat fragmentation; insurance against catastrophic events; establishment of buffers for other protected areas; creation of areas for testing and implementing new conservation strategies; and public education concerning threatened and endangered species and ways to preserve them. The Parties anticipate Service anticipates that this Agreement will result in an increased number and/or distribution of the covered species; and/or an increase in the total area of occupied suitable habitat; and/or an increase in the amount of habitat suitable for foraging, roosting, and/or breeding, within the enrolled lands. The Agreement will also provide an example of a mutually beneficial relationship between government agencies for the benefit of endangered and threatened species, and may provide evidence that such species can coexist with current land-use practices. The Tres Xxxx habitat restoration project involved creating approximately 221 and 61 acres of wetlands and associated habitats for the covered species within the FRW and OBW facilities, respectively, and approximately 175 acres of in-channel desert river vegetation. The restoration efforts included many different types of native plant species. The following associations have been made based upon the identified species within this Agreement. The rail requires habitat along stream sides or marshlands associated with heavy riparian and wetland vegetation, especially cattail and bulrush. The flycatcher uses dense riparian environments, open water, and marshes. Four basic community types have been identified: monotypic willow, monotypic exotic, native broadleaf-dominated, and mixed native/exotic (Xxxxx et al 1997). The cuckoo uses cottonwood-willow dominated riparian vegetation with dense understory foliage but may also use mesquite stands. Covered species habitat in the Tres Xxxx habitat restoration area may be located within the wetland xxxxx and open water communities, in-channel cottonwood/willow association and, to a lesser extent, mesquite bosques. Therefore, it is anticipated that the implementation of this Agreement and the these management activities it covers, which are facilitated by the authorized take, will provide produce a net conservation benefit to the covered species. Nevertheless, the failure of the anticipated benefits to accrue as expected shall not be deemed a breach of this AgreementCovered Species.

NET CONSERVATION BENEFIT. ‌ The Permittee agrees private property within the covered area has already been or is in the process of having conservation easements placed over the developable lands and is thus protected from residential subdivisions. This will eliminate future downstream impacts of residential development on Xxxxxx Canyon NWR and the species it was created to recover. This Agreement, through re- establishment of the Covered Species on non-Federal lands and providing regulatory assurances so permittees may undertake watershed improvement activities that are expected to improve the watershed above Xxxxxx Canyon NWR, is expected to result in following net conservation benefits to the covered species: • Increased numbers of populations and size of populations of Chiricahua leopard frogs, Yaqui topminnow, Yaqui chub, Yaqui catfish, beautiful shiner, and Huachuca water- xxxxx, both locally and in the general area. • Elimination of the need to use mosquito fish (Gambusia spp.) for mosquito control in all ranch waters and allow for greater control of non-native predators and competitors that threaten the covered species in the watershed. • Insurance against the loss of the covered species in the general area because of the extirpation of localized populations. • An increased connectivity of populations in the general area. • Restoration of the water table, allowing for more stable discharge rates in Xxxxxx Canyon NWR. • Increased overall quality and quantity of water, by lessening the potential for erosive scouring of wetlands during extreme floods. • Increased overall volume of perennial wetland habitats for the covered species downstream from the ranches on the LCNWR. • Improved watershed stability and hydrologic function by implementing prescribed xxxxx to improve grass and herbaceous plant cover. The FWS has determined that the Parties’ conservation measures, as described in this Agreement, are reasonably expected to provide a net conservation benefit to all the covered species as described above. All of the species' listing rules cite the destruction and degradation of wetland habitats, and the conservation measures above will reduce and reverse the negative trend of wetlands in the area. Given the probable species’ response time to the planned conservation measures, the FWS estimates it may take at least five years of implementing the Agreement to fully reach a net conservation benefit for the species’ habitat, although some level of benefits will likely occur within a shorter time period. If these species are translocated or disperse onto the covered properties, the net conservation benefits for these species would be realized upon reestablishment of self-sustaining populations within the covered area. The 50-year duration of this Agreement is considered sufficient to establish populations of the covered species and fully reap the benefits of additional conservations measures aimed at the long-term protection of the watershed on the enrolled property. Implementation of this Agreement is expected to result in protection, reestablishment, and expansion of the covered species beyond the baseline condition within the lands enrolled under the Agreement. The 50-year permit would also minimize the impact of any take of any individuals above the baseline condition. The permit and Agreement may be extended beyond the specified terms through amendment, upon agreement of the Parties. The net conservation benefit is reasonably expected to be attained by implementation of the conservation measures, including the reestablishment of covered species on the enrolled properties. The first signs of a net conservation benefit will be observed within the first several years of implementation of this Agreement, when populations of the covered species are established. The full conservation benefit is reasonably expected to occur within five years, as populations become self-sustainable and other conservation measures (e.g., erosion control and prescribed xxxxx) are enacted. The Participants agree to voluntarily manage the enrolled lands in to produce a manner designed to provide a cumulative net conservation benefit to the covered species, by implementing the conservation measures described in this Agreement aimed at increasing to increase species populations while enhancing, restoring, and maintaining and/or enhance/restore/maintain suitable habitat. It is anticipated that the The net conservation benefit will be sufficient to contribute, directly or indirectly, to recovery of the covered species, after taking into account the length of the Agreement and any off-setting adverse effects of authorized take. Although the activities stipulated in this Agreement may not permanently conserve or recover covered species populations or their habitats, it does provide provides for important short-, mid-, or long-term benefits to the covered species includingspecies, including but not limited to the followingto: maintenance, /restoration, and /enhancement of suitable habitat; maintenance and maintenance/increase of population numbers or distributions; increase in habitat connectivity; reduction of habitat fragmentation; insurance against catastrophic events; establishment of buffers for other protected areas; and creation of areas for testing and implementing new conservation strategies; and public education concerning threatened and endangered species and ways to preserve them. The Parties anticipate that this Agreement will result in an increased number and/or distribution of the covered species; , and/or an increase in the total area of occupied suitable habitat; and/or an increase in the amount of habitat suitable for foraging, roosting, and/or breeding, within the enrolled lands. Without this cooperative government/private effort, these lands would not otherwise be utilized by the species in the foreseeable future. The Agreement will also provide an example of a mutually beneficial relationship between government agencies for the and private landowners to benefit of endangered and threatened species, and may provide evidence that such species can coexist with current land-use practices. The Tres Xxxx habitat restoration project involved creating approximately 221 and 61 acres of wetlands and associated habitats for the covered species within the FRW and OBW facilities, respectively, and approximately 175 acres of in-channel desert river vegetation. The restoration efforts included many different types of native plant species. The following associations have been made based upon the identified species within this Agreement. The rail requires habitat along stream sides or marshlands associated with heavy riparian and wetland vegetation, especially cattail and bulrush. The flycatcher uses dense riparian environments, open water, and marshes. Four basic community types have been identified: monotypic willow, monotypic exotic, native broadleaf-dominated, and mixed native/exotic (Xxxxx et al 1997). The cuckoo uses cottonwood-willow dominated riparian vegetation with dense understory foliage but may also use mesquite stands. Covered species habitat in the Tres Xxxx habitat restoration area may be located within the wetland xxxxx and open water communities, in-channel cottonwood/willow association and, to a lesser extent, mesquite bosques. Therefore, it is anticipated that the implementation cumulative impact of this Agreement and the activities it covers, which are facilitated by the authorized take, will is reasonably expected to provide a net conservation benefit to the covered species. Nevertheless, the failure of the anticipated benefits to accrue as expected shall not be deemed a breach of this Agreement.