Common use of Safe Harbor Agreement Renewal Clause in Contracts

Safe Harbor Agreement Renewal. The Safe Harbor Agreement can be extended with the written approval of RRC or Oxbow and USFWS. Upon the mutual written agreement of the Parties, and compliance with all laws then applicable, the USFWS may extend the permit and the Safe Harbor Agreement beyond its initial term. If barred owl removal on the experiment extends beyond 4 years, for a maximum of 10 years as described in the Record of Decision (USFWS 2013b), the USFWS intends to extend the permit to 5 years after the final removal season. The extended permit would be based on continuation of the existing baseline. The barred owl removal experiment may change the occupancy of spotted owl sites within the treatment area. The USFWS expects the return of barred owls within 3 to 5 years which will likely mitigate this change. If a different removal program is initiated in this same area during the initial term of this Safe Harbor Agreement, or if barred owl populations do not recover as anticipated, the USFWS will strongly consider extending this Safe Harbor Agreement using the same baseline under either of these circumstances. The USFWS will also strongly consider extending this Safe Harbor Agreement if removal of barred owls is continued beyond the current Experiment. This may require an amendment of the Safe Harbor Agreement. The first case might occur if, for example, a landowner or manager in the area decides to conduct removal as a mitigation measure for other impacts to spotted owls. This would require the project proponent apply for a separate Migratory Bird Treaty Act permit (as the experiment would be completed and the associated permit no longer in effect) and they would have to conduct any additional analyses required for the permit. The second case may occur if barred owl populations do not respond and recover within 3 to 5 years as anticipated in the Final EIS (USFWS 2013b, p. 172-3).

Safe Harbor Agreement Renewal. The Safe Harbor Agreement can be extended with the written approval of RRC or Oxbow and USFWS. Upon the mutual written agreement of the Parties, and compliance with all laws then applicable, the USFWS may extend the permit and the Safe Harbor Agreement beyond its initial term. If barred owl removal on the experiment Experiment extends beyond 4 years, for a maximum of 10 years as described in the Record of Decision (USFWS 2013b), the USFWS intends to extend the permit to 5 five years after the final removal season. The extended permit would be based on continuation of the existing baseline. The barred owl removal experiment Barred Owl Removal Experiment may change the occupancy of spotted owl sites within the treatment area. The USFWS expects the return of barred owls within 3 three to 5 five years which will likely mitigate this change. If a different removal program is initiated in this same area during the initial term of this Safe Harbor Agreement, or if barred owl populations do not recover as anticipated, the USFWS will strongly consider extending this Safe Harbor Agreement using the same baseline under either of these circumstances. The USFWS will also strongly consider extending this Safe Harbor Agreement if removal of barred owls is continued beyond the current Experiment. This may require an amendment of the Safe Harbor Agreement. The first case might occur if, for example, a landowner or manager in the area decides to conduct removal as a mitigation measure for other impacts to spotted owls. This would require the project proponent apply for a separate Migratory Bird Treaty Act permit (as the experiment Experiment would be completed and the associated permit no longer in effect) and they would have to conduct any additional analyses required for the permit. The second case may occur if barred owl populations do not respond and recover within 3 to 5 years as anticipated in the Final EIS (USFWS 2013b, p. 172-3).

Safe Harbor Agreement Renewal. The Safe Harbor Agreement can be extended with the written approval of RRC or Oxbow and USFWS. Upon the mutual written agreement of the Parties, and compliance with all laws then applicable, the USFWS may extend the permit and the Safe Harbor Agreement beyond its initial term. If barred owl removal on the experiment extends beyond 4 years, for a maximum of 10 years as described in the Record of Decision (USFWS 2013b), the USFWS intends to extend would consider extending the permit to for 5 additional years for all covered activities after the final removal season. The extended permit would be , and an additional 3 years for the harvest of timber sales in non-baseline sites and non-baseline areas outside of Xxxxxxxx polygons (Table 5) that are auctioned, sold and with a contract signed by ODF prior to August 31 of the fifth year following removal, based on continuation of the existing baseline. The barred owl removal experiment may change the occupancy of spotted owl sites within the treatment area. The USFWS expects the return of barred owls within 3 to 5 years which will likely mitigate minimize this change. If a different removal program is initiated in this same area during the initial term of this Safe Harbor Agreement, or if barred owl populations do not recover as anticipated, the USFWS will strongly consider extending this Safe Harbor Agreement using the same baseline under either of these circumstances. The USFWS will also strongly consider extending this Safe Harbor Agreement if removal of barred owls is continued beyond the current Experiment. This may require an amendment of the Safe Harbor Agreement. The first case circumstance that may warrant consideration of an extension of the Safe Harbor Agreement might occur if, for example, a landowner or manager in the area decides to conduct removal as a mitigation measure for other impacts to spotted owls. This would require the project proponent apply for a separate Migratory Bird Treaty Act permit (as the experiment would be completed and the associated permit no longer in effect) and they would have to conduct any additional analyses required for the permit. The second case may occur if barred owl populations do not respond and recover within 3 to 5 years as anticipated in the Final EIS and the USFWS extends the Experiment for additional years (USFWS 2013b, p. 172-3).

Safe Harbor Agreement Renewal. The Safe Harbor Agreement can be extended with the written approval of RRC or Oxbow and USFWS. Upon only upon the mutual written agreement of the Partiesboth Weyerhaeuser and USFWS, and in compliance with all laws then applicable, the USFWS may extend the permit and the Safe Harbor Agreement beyond its initial term. If barred owl removal on the experiment extends beyond 4 years, for a maximum of 10 years as described in the Record of Decision (USFWS 2013b), the USFWS intends to extend the permit Permit to 5 years after the final removal season. The extended permit Permit would be based on continuation of the existing current baseline. The barred owl removal experiment Experiment may change the occupancy of spotted owl sites within the treatment area. The USFWS expects the return of barred owls within 3 to 5 years which will likely mitigate this change. If a different removal program is initiated in this same area during the initial term of this Safe Harbor Agreement, or if barred owl populations do not recover as anticipated, the USFWS will strongly consider extending this Safe Harbor Agreement using the same current baseline under either of these circumstances. The USFWS will also strongly consider extending this Safe Harbor Agreement if removal of barred owls is continued beyond the current Experiment. This may require an amendment of the Safe Harbor Agreement. The first case for extending the Agreement might occur if, for example, a landowner or manager in the area decides to conduct removal as a mitigation measure for other impacts to spotted owls. This would require the project proponent apply for a separate Migratory Bird Treaty Act permit (as the experiment Experiment would be completed and the associated permit no longer in effect) and they would have to conduct any additional analyses required for the permit. The second case may occur if barred owl populations do not respond and recover within 3 to 5 years as anticipated in the Final EIS (USFWS 2013b, p. 172-3).