Other Federally Listed Species. Although ADCNR-WFF and the Service regard it as unlikely, the possibility exists that other listed, proposed, candidate species, or species of concern may occur in the future on properties enrolled under this Agreement as a direct result of the management actions specified herein. Should such occur, and ADCNR-WFF and/or the enrolled landowner so requests, the Parties may agree to amend the Agreement and any associated SHMA(s) to cover the additional species and to establish appropriate baseline conditions for other such species. Should the Parties decide to seek to amend the Agreement and/or any associated SHMA(s), the Service will follow the applicable legal requirements, including, but not limited to, the ESA, the National Environmental Policy Act, the Administrative Procedures Act, and the Service’s Safe Harbor Policy and implementing regulations set forth in the Code of Federal Regulations. Surveys for other federally listed species will not be required of SHMA participants in order to enroll under this original Agreement. However, they will be informed that according to Section 9 of the Act, they will be subject to restrictions against Atake@ of any Federally-listed animal not covered by their respective Certificates. Federally-listed plants are considered legal property of the landowner and, therefore, according to the Safe Harbor Policy, are not subject to “take” restrictions. If other Federally-listed species are known to exist on the enrolling property, then ADCNR-WFF and the Service will consult with and assist the landowner in tailoring his/her management actions to avoid take of the species and to minimize any disturbance to the species.
Other Federally Listed Species. Although NCWRC and the Service regard it as unlikely, the possibility exists that other listed, proposed, or candidate species, or species of concern may occur in the future on the enrolled property as a direct result of the management actions specified in this SHMA. Should such occur, and the Cooperator so requests, NCWRC shall notify and consult with the Service regarding any proposed amendment(s) to the NCWRC Statewide RCW SHA and this SHMA. The Cooperator is not required to conduct surveys for other Federally-listed species. However, cooperators will be informed that according to Section 9 of the Act, they will be subject to restrictions against Atake@ of any Federally-listed animal not covered by the Cooperator’s Certificate. The term “take” as defined by the ESA, means to harass, harm, pursue, xxxx, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Federally-listed plants are considered legal property of the property owner and according to the Service’s Safe Harbor Policy, are not subject to “take” restrictions. If other Federally-listed species are known to exist on the enrolling property, then NCWRC and the Service will consult with and assist the property owner in tailoring his/her management actions to avoid take of the species and to minimize any disturbance to the species.
Other Federally Listed Species. Although the Commission and the Service regard it as unlikely, the possibility exists that other listed, proposed, or candidate species, or species of concern may occur in the future on the Enrolled property as a direct result of the management actions specified in the Evaluation Form (Attachment A). If that occurs and the Property Owner requests, the Commission and the Service may agree to amend the FL RCW SHA and associated SHMAs to cover additional species and to establish appropriate baseline conditions for such other species. Surveys for other federally listed species will not be required of SHMA participants. However, according to Section 9 of the ESA, Property Owners will be subject to restrictions against “take” of any federally listed animal not covered by their Certificate. The term ―take‖ as defined by the ESA, means to harass, harm, pursue, xxxx, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Federally listed plants are considered legal property of the Property Owner and according to the Policy, are not subject to ―take‖ restrictions. If other federally listed species are known to exist on the enrolling property, then the Commission and the Service will consult with and assist the Property Owner in tailoring his/her management actions to avoid take and to minimize any disturbance of these species. The Enrolled property Owner shall notify the Commission in advance of any activity covered by the SHMA that may potentially impact any federally-listed wildlife species other than the RCW in order to be advised of ways to avoid incidental take of that species and/or to obtain an incidental take permit or an incidental take statement to cover the potential take of that species. The Enrolled property Owner shall notify the Commission at least 60 days in advance of any activity that may result in the destruction of any federally-listed, proposed, or candidate plant species known to occur on the Enrolled property and shall provide the Commission with an opportunity to remove the affected plants, where appropriate to do so, to sites that are outside of the Enrolled property or, with the Property Owner’s written permission, to other sites within the Enrolled property.
Other Federally Listed Species. Although ADCNR-WFF and the Service regard it as unlikely, the possibility exists that other listed, proposed, or candidate species, or species of concern may occur in the future on the enrolled property as a direct result of the management actions specified in this SHMA. Should such occur, and the Cooperator so requests, ADCNR-WFF shall notify and consult with the Service regarding any proposed amendment(s) to the ADCNR-WFF Statewide RCW SHA (See Section 22.0 of the ADCNR-WFF Statewide RCW SHA). The Cooperator is not required to conduct surveys for other Federally-listed species. However, cooperators will be informed that according to Section 9 of the Act, they will be subject to restrictions against “take” of any Federally-listed animal not covered by the Cooperator’s Certificate. The term “take” as defined by the ESA, means to harass, harm, pursue, xxxx, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Federally-listed plants are considered legal property of the landowner and according to the Service’s Safe Harbor Policy, are not subject to “take” restrictions.
Other Federally Listed Species. The possibility exists that other listed species may occur in the future on the enrolled property as a direct result of the management actions specified in Section 4.1.1 and 4.1.2 above. If that occurs and the landowner so requests, the Parties may agree to amend the Agreement and associated Stewardship Agreements to cover additional species and to establish appropriate baseline conditions for such other species. According to section 9 of the ESA, landowners will be subject to restrictions against “take” of any federally-listed species not covered by the permit. The term “take” as defined by the ESA, means to harass, harm, pursue, xxxx, kill, trap, capture, or collect, or to attempt to engage in any such conduct. If other federally-listed species are known to exist on the enrolling property, then ODF and the Service will consult with and assist the landowner in tailoring their management actions to avoid take and to minimize any disturbance of these species. In the future, ODF and the Service may develop similar Safe Harbor Agreements for other listed species which landowners may choose to participate in individually or in combination
