Shifting Baseline Clause Samples
Shifting Baseline. RCW baseline responsibilities will be associated with specific active clusters in existence at the time the landowner enters into the SHMA. Participating landowners may, with ADCNR-WFF’s consent, shift their baseline responsibilities to a new active cluster that has formed on their property subsequent to the signing of the SHMA. When a new active cluster is formed on an enrolled property, it may replace any other cluster harboring a group of similar or lesser demographic status (i.e., potential breeding pair can replace solitary bird or same sex groups) that was within the landowner’s original RCW baseline responsibility, provided each of the following conditions are met:
1. The enrolled landowner is in total compliance with his/her SHMA.
2. The enrolled landowner has maintained his/her baseline as specified in the SHMA.
3. The enrolled landowner has replaced:
a) A baseline potential breeding group with another potential breeding group, or
b) A baseline solitary bird group is replaced with either a potential breeding group or a solitary bird group.
4. The enrolled landowner has replaced a baseline potential breeding group with an above- baseline potential breeding group that has been in existence for at least six (6) months, including a breeding season (April to July), prior to the replacement.
5. The enrolled landowner has replaced baseline clusters with above-baseline clusters and will provide suitable nesting and foraging habitat as defined in the Standard for Managed Stability set forth in Appendix 5 of the RCW Recovery Plan, 2nd Revision.
6. The enrolled landowner has replaced solitary bird groups prior to replacing potential breeding groups when possible.
7. The enrolled landowner agrees to maintain the entire foraging and nesting habitat needed for the new group. ADCNR-WFF must concur in writing prior to a landowner’s shifting his/her RCW baseline requirements from one group to another. Where possible, flexibility will be used by ADCNR- WFF with concurrence from the Service. Upon ADCNR-WFF’s concurrence to transfer RCW baseline responsibilities, sufficient documentation (i.e., maps reflecting change) of the shift in baseline will be placed in the enrolled property’s file at the ADCNR-WFF headquarters in Montgomery, ADCNR-WFF.
Shifting Baseline. The Cooperator may, with ADCNR-WFF’s consent, shift its baseline responsibilities to a new active cluster that has formed on the enrolled property subsequent to the signing of this SHMA. When a new active cluster is formed on the enrolled property, the new cluster may replace any other cluster harboring a group of similar or lesser demographic status (i.e., potential breeding pair can replace solitary bird or same sex groups) that was within the Cooperator’s original RCW baseline responsibility provided each of the following conditions are met:
1. The Cooperator is in total compliance with this SHMA.
2. The Cooperator has maintained their baseline as specified in this SHMA.
3. The Cooperator has replaced:
a. A baseline potential breeding group with another potential breeding group; or
b. A baseline solitary bird group is replaced with either a potential breeding group or a solitary bird group.
4. The Cooperator has replaced a baseline potential breeding group with an above-baseline potential breeding group that has been in existence for at least six (6) months, including a breeding season (April to July), prior to the replacement.
5. The Cooperator has replaced baseline clusters with above-baseline clusters and will provide suitable nesting and foraging habitat as defined in the Standard for Managed Stability set forth in Appendix 5 of the RCW Recovery Plan, 2nd Revision (USFWS 2003).
6. The Cooperator has replaced solitary bird groups prior to replacing potential breeding groups when possible.
7. The Cooperator will maintain the entire foraging and nesting habitat needed for the new group. ADCNR-WFF must concur in writing with a proposed baseline shift prior to the Cooperator’s shifting his/her RCW baseline requirements from one group to another. ADCNR-WFF will exercise flexibility, where possible, upon the Service’s concurrence, when considering requests for baseline shifts. Upon issuance of ADCNR-WFF’s concurrence to transfer RCW baseline responsibilities, sufficient documentation (i.e., maps reflecting change) of the shift in baseline will be placed in the enrolled property’s file at the ADCNR-WFF headquarters in Montgomery, AL.
Shifting Baseline. The Cooperator may, with NCWRC’s consent, shift its baseline responsibilities to a new active cluster that has formed on the enrolled property subsequent to the signing of this SHMA. When a new active cluster is formed on the enrolled property, the new cluster may replace any other cluster harboring a group of similar or lesser demographic status (i.e., potential breeding pair can replace solitary bird or same sex groups) that was within the Cooperator’s original RCW baseline responsibility provided each of the following conditions are met:
Shifting Baseline. RCW baseline responsibilities will be associated with specific active clusters in existence at the time the Property Owner enters into the SHMA. Property Owners may, with the Commission’s consent, shift their baseline responsibilities to a new active cluster that has formed on their property subsequent to the signing of the SHMA. When a new active cluster is formed on an Enrolled property, it may replace any other cluster harboring a group of similar or lesser demographic status (i.e., potential breeding pair can replace solitary bird or same sex groups) that was within the Property Owner’s original RCW baseline responsibility as long as the following conditions are met:
1. The Property Owner is in total compliance with the SHMA.
2. The Property Owner has maintained his/her baseline as specified in the SHMA.
3. The Property Owner has replaced:
a. A baseline potential breeding group with another potential breeding group, or
b. A baseline solitary bird group is replaced with either a potential breeding group or another solitary bird group of the same sex.
4. The Property Owner has replaced a baseline potential breeding group with an above-baseline potential breeding group9 that has been in existence for at least six months, including a breeding season (April to July), prior to the replacement.