OFFICE OF ENVIRONMENTAL SERVICES THREATENED AND ENDANGERED SPECIES Ohio T amp E coordinating agencies US Fish and Wildlife Service USFWS Ohio Department of Natural Resources ODNR ID: 538448
Download Presentation The PPT/PDF document "THREATENED AND ENDANGERED SPECIES" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
THREATENED AND ENDANGERED SPECIES
OFFICE OF ENVIRONMENTAL SERVICESSlide2
THREATENED AND ENDANGERED SPECIES
Ohio
T & E coordinating agencies:
U.S
. Fish and Wildlife Service
USFWS)
Ohio Department of Natural Resources (ODNR)
500 animals and plants including
mammals, birds, reptiles, amphibians, mussels, fishes, plants and even insects.
Winged
Mapleleaf
Running
Buffalo
CloverSlide3
THREATENED AND ENDANGERED SPECIES
Endangered Species Act of 1973, as amended
Ohio Endangered Animal Act
Ohio Endangered Plant law
Laws that govern Endangered Species:Slide4
THREATENED AND ENDANGERED SPECIES
ENDANGERED SPECIES ACT (
ESA
)
Signed in 1973, amended in 1988
Separate from NEPA
Environmental Review
(
consultation can be streamlined by combining
ESA
and NEPA)
US Fish & Wildlife
Department of the Interior
Ohio
Field OfficeSlide5
THREATENED AND ENDANGERED SPECIES
ENDANGERED SPECIES ACT (
ESA
)
Directs all Federal Agencies to
conserve listed species and in consultation with the
Service.
Ensures
that their actions do not jeopardize the continued existence of any listed threatened or endangered species or modify critical habitat
.
Piping Plover currently only critical habitat in Ohio.
Rabbitsfoot
is proposed critical habitat.
Section 7:Slide6
NATURAL RESOURCES & NEPA MANAGEMENT 2012
THREATENED AND ENDANGERED SPECIES
ENDANGERED SPECIES ACT (
ESA
)
Section 7
Federal Agencies must consult with USFWS on all Federal Actions that may affect listed species or critical habitat.
A federal action is any action that the federal agency authorizes, funds, or carries out.Slide7
THREATENED AND ENDANGERED SPECIES
ENDANGERED SPECIES ACT (
ESA
)
Section 7(a) 1:
Federal Agencies shall carry out programs for the conservation or listed threatened and endangered species.
Conservation = Recovery
NATURAL RESOURCES & NEPA MANAGEMENT 2012Slide8
THREATENED AND ENDANGERED SPECIES
ENDANGERED SPECIES ACT (
ESA
)
Section 7(a) 2:
Federal Agencies must ensure that their actions are not likely to jeopardize the continued existence of Threatened and Endangered species or adversely modify critical habitat.Slide9
THREATENED AND ENDANGERED SPECIES
ENDANGERED SPECIES ACT (
ESA
)
Section 9:
Prohibits the take of an Endangered species by any person within the United States.
Federal regulation (50
CFR
17.31) extends the take prohibition to any federally listed threatened species.
Section 10:
(Federal Permit Required)
Scientific Purposes:
Enhancement of survival
Incidental Take
Habitat Conservation PlanSlide10
THREATENED AND ENDANGERED SPECIES
Consultation:
Under
Section 7 Federal Agencies must consult with USFWS on any federal project that may affect a listed species.
No Effect = No Consultation
May
Affect = Consultation
Two types of consultation:
Informal Consultation
Formal ConsultationSlide11
THREATENED AND ENDANGERED SPECIES
Informal Consultation:
Any correspondence between agencies prior to Formal Consultation.
Concluded when Service concurs with the Federal agency determination of “may affect, not likely to adversely affect” or the determination of “no effect”.
Service always errs on the side of the species.
If project is changed or amended, then informal consultation resumes. Slide12
THREATENED AND ENDANGERED SPECIES
Formal Consultation:
Biological
Assessment
(aka: Initiation Package
) by
ODOT/FHWA:
Description of action
Description of area affected by the project
Description of species affected (life history) & affects.
Relevant reports prepared on the action proposal including the “best scientific and commercial data available
”.
Within 35 days USFWS may request for additional information. Slide13
THREATENED AND ENDANGERED SPECIES
Biological Opinion:
Description
of the Proposed Action
Status of the species, range-wide
Environmental Baseline (status in action area)
Effects of the Action (direct & indirect)
Cumulative effects
Conclusion (Jeopardy Decision)
If BO finds no-jeopardy Reasonable & Prudent Measures added.Slide14
THREATENED AND ENDANGERED SPECIES
Biological
Opinion:
USFWS
evaluation of Biological Assessment, including the Jeopardy Analysis & Opinion.
Formal
Consultation:
Concludes 90 days after initiation
Biological Opinion issues 45 days after
ending
formal consultation
Royal Catchfly
Peregrine Falcon
BobcatSlide15
THREATENED AND ENDANGERED SPECIES
Non Federal
actions requirements:
Section 7 consultation is not
required - Consultation
Section 9 compliance is
required – no take
Section 10 -Permits required
Research and/or habitat Conservation Plan
Northern Monkshood
Blue
Spotted SalamanderSlide16
THREATENED AND ENDANGERED SPECIES
Federal T& E: take home message
If T& E species are present in project area:
ODOT coordinates early and often with USFWS
Avoid effects, If you cannot avoid, minimize effects
USFWS is concerned with all wildlife, not just listed species.
Questions
?
NATURAL RESOURCES & NEPA MANAGEMENT 2012Slide17
BIOLOGICAL OPINION
FOR THE FEDERALLY ENDANGERED Indiana bat (Myotis sodalis)
PROGRAMMATIC CONSULTATION AGREEMENT
BETWEEN
USFWS - FHWA - ODOTSlide18
PROGRAMMATIC CONSULTATION AGREEMENT
Tier I:
Consultation on ODOT’s 5 year Program
Informal Consultation
May Affect, Not Likely to Adversely Affect
Projects with letter consultation only
Tier II
: Individual Projects
Formal Letter
May Affect, Likely to Adversely Affect Conservation Measures required
Tiered Consultation:Slide19
Management Units
LEGEND:
West Management Unit
Central Management Unit
Northeast Management Unit
East Management Unit
South Management UnitSlide20
URBAN AREAS
Projects within Densely Urbanized Areas are consider to have no affect except:
River Corridors
State
and Local
Parks
Requires
a Tier I – Letter
Coordination
Only
See Ecological ManualSlide21
Potential Indiana Bat
Characterization Worksheet
See Ecological ManualSlide22
So, What is a “Bat Tree”?
Indiana Bat Potential Roosting trees :Can be living or dead
Peeling bark, split trunks, cavities, split or broken limbs.Tree must be at least 8” diameter at breast height (dbh)
Dead snag with peeling bark near Big Darby Creek.Slide23
Additional Examples of Roosting Habitat
Large cavity in top of tree and broken limbs.
Peeling bark (Shagbark Hickory)
Large Cavity in trunkSlide24
What About Maternity Roosts?
Large
Trees, 16” dbh or larger
Solar Exposure
Limbs with habitat, 8” dia.
Located in Woodlots or Fence
rows
or within sight of other
PMRs
. Within 0.5 miles of perennial water source
Potential Maternity Roosts (PMR):Slide25
Conservation Measures:
All Tier II Consultation
require
Conservation Measures to mitigate
Potential Adverse Effects:
Protection of Habitat
Restoration of Riparian Habitat
Protection/Restoration of Wetlands
Control of Invasive Species
Research Mist Net Surveys in West
and Central Units
Conservation Measures become Environmental Commitments in the NEPA Environmental Document.Slide26
Centralized Determination:
ODOT-OES determines type of consultation required based on the information sent in by the Districts.Slide27
INDIANA BAT
Results of the Programmatic Consultation Agreement:
Streamlined consultation process w/ USFWS
Standardization of Terms
Greatly reduced the amount of projects
requiring
seasonal cutting.
Reduced program/projects costs.
Questions ?Slide28
Federally Listed Mussel Update
Rayed Bean, Snuffbox, and Sheepnose Mussels added to the Federal list as Endangered. Rabbitsfoot Mussel added as Proposed Endangered.
Rayed Bean is listed from all counties in the western half of the state, and may be found in smaller streams.Streams on the “species screen” list may need to be surveyed by OES personnel to determine if mussels are present.
Streams on the March 3, 2011 letter from USFWS must be surveyed by a federally permitted biologist if habitat is present at the project location.These lists are posted at
:
Rayed Bean
SnuffboxSlide29
Projects that may require mussel surveys:
Bridge replacementsDeck replacementsBridge rehabilitationCulvert replacements or other work on tributaries adjacent to mussel streams.“Stream cleanout” activities such as gravel bar removal or scour hole repairWhat may impact mussels?:
Direct impacts from placement of work pads, cofferdams, construction debris falling into the stream, dredging, and RCP placement.Indirect impacts from run-off from ground-clearing, waste water, and accidental release of paint or fuel.
Federally Listed Mussel UpdateSlide30
Project schedules may require additional time and environmental commitments
.Mussel surveys and relocations may be required, and can only be done between May 1 and October 31. To avoid formal consultation with USFWS, bridges may need to be re-designed to avoid in-stream work.If formal consultation cannot be avoided, processing of the BA and BO can take up to 180 days, plus time to prepare reports.Additional coordination may be needed to work out BMPs and construction timing to reduce possibility of impact to listed mussels.
May require collection of waste water.May require silt fence or other storm-water BMPs, even on projects with less than one acre of land clearing.May require exclusion fencing or other methods to delineate areas to avoid.
May require construction to occur during the low-flow period of the year.Agencies often request to be invited to the pre-bid and pre-construction meetings.
Agencies often visit these sites to ensure compliance
Federally Listed Mussel UpdateSlide31
State Listed Species
Responsible Agencies
ODNR administers the state list and rules pertaining to listed animals and plants.
Depending on the level of coordination for the project, USFWS, OEPA, NPS, and USACE may also comment on state listed species.Slide32
STATE LISTED ANIMAL SPECIES
Definitions
:
Endangered
- Threatened with extirpation from Ohio
Threatened
- Not in immediate jeopardy, but with continued or increased stress, may become endangered
Species of Concern
- May become threatened or there is insufficient information for status evaluation.
Special Interest
- Occurs periodically and is capable of breeding in Ohio
Extirpated - No longer found within Ohio, but is still extant in part of its range.Extinct - Has disappeared from its entire rangeSlide33
STATE LISTED PLANT SPECIES
Definitions:
Endangered
Threatened
Potentially Threatened
Added
- Recently added to
NHDB
program rare plant inventory, but there is insufficient information available to determine status.
Gattinger's
Foxglove
Prairie Fringed-orchid
Small Whorled
Pogonia
Slide34
THREATENED AND ENDANGERED SPECIES
Literature Searches
Listed Species Information Sources
ODNR Ohio Biodiversity Database
Crane Creek - Bald Eagle Specialists, ODNR
Park Officials/Naturalists for parks in the project area.
Natural history societies or museums.Slide35
ENDANGERED SPECIES
T&E
SPECIES, BOTH FEDERAL AND STATE, ARE EVALUATED ON EVERY PROJECT.
The level of data collection, assessment, and documentation is dependent on the type of ecological survey and the species present in the project area.
Questions ?