Phil Delphey Section 7 Coordinator Midwest Region U.S. - PowerPoint Presentation

Phil Delphey Section 7 Coordinator Midwest Region U.S. Fish and Wildlife Service

Typically proposed when species’ listing is proposed Dr. Mike Floyd, USFWS.

Typically proposed when species’ listing is proposed CH is the specific area described in Federal Registermaps plus text descriptions

Typically proposed when species’ listing is proposed CH is the specific areas that are mapped in Federal RegisterContain the physical and biological features essential to the species’ conservation

 Primary Constituent Element 5--A prey base of aquatic macroinvertebrates, including mayfly nymphs, midge larvae, blackfly larvae, caddisfly larvae, stonefly nymphs, and small crayfishes. Matt Thomas, KDFWR

 Primary Constituent Element 5--A prey base of aquatic macroinvertebrates, including mayfly nymphs, midge larvae, blackfly larvae, caddisfly larvae, stonefly nymphs, and small crayfishes. Matt Thomas, KDFWR PCEs – now called Physical and Biological Features

 Resiliency, redundancy, and representation Area requirements Distribution of habitatSeasonal or life-stage habitat needs Dispersal Climate change

 Section 7(a)(2) Federal agencies shall not destroy or adversely modify critical habitatAny federal action that may affect critical habitat must undergo section 7 consultation

 Adverse Effect ≠Adverse Modification

 Adverse Effect ≠Adverse Modification

 Section 4(a)(3)Shall not designate CH if INRMP provides “…a benefit to the species…  Section 4(b)(2) – Exclusion Secretary’s discretionWeighs benefits to national securityNorthern spotted owl. Photo Credit: Ryan Braham/ USFWS

 Exempts (DoD) lands from critical habitat designation, if…  …USFWS determines in writing that INRMP provides a benefit to the speciesPhoto Credit: Levi Novey /USFWS

 USFWS field office will contact the DoD installations where critical habitat may be considered Installation may request that the INRMP substitute for designation of critical habitat. Photo Credit: Phil Delphey/ USFWS

 To be exempted from critical habitat designation, an installation must have a compliant INRMP… …or an operational INRMP subject to certain determinationsWestover Air Reserve Base; Photo Credit: Leah Hawthorn/ USFWS

 USFWS will evaluate: habitat protection, maintenance, or improvement projectsactivities that address the particular conservation and protection needs of the species Photo Credit: Rob Schuette, Fort McCoy Public Affairs

 What else does USFWS evaluate? Effects to the physical or biological features (PBFs)Benefits of INRMP to the species……must at least equal what would be realized through section 7 consultation Photo Credit: Jennifer Jewett / USFWS

 USFWS will typically presume INRMP measures will be funded and implemented

 USFWS will consider whether INRMP: Provides assurances that the plan’s measures will be effective.Includes biological goals and objectivesPhoto Credit: Lilian Carswell/USFWS

 Does the INRMP include: quantifiable, scientifically valid parameters that will demonstrate achievement of objectives?standards for these parameters by which progress will be measured? Photo Credit: Gary Peeples/USFWS

 Does the INRMP include provisions for: monitoring? adaptive management, where appropriate?reporting progress on implementation and effectiveness? Photo Credit: Marvin Moriarty/USFWS

 INRMP does not have to specifically address the species  Does INRMP:provide for species’ conservation? foster protection, enhancement, or development of PBFs? Photo credit: Ken Meinhart, USFWS.

 USFWS must determine in writing that an INRMP provides a benefit to the species Written determination can be made in different ways Photo credit: David Kimery

 For draft INRMPs under review by USFWS: the determination may be made simultaneously with the INRMP review processUSFWS can provide a letter to the CO confirming that INRMP benefits the species. El Segundo Blue at Vandenberg AFB; Photo credit: Eric Porter/USFWS..

 For an existing INRMP, determination documented by: Letter to the installationMemo to the administrative record or In the preamble of the final critical habitat rule published in the Federal Register Vandenberg AFB; Photo credit: Pam Bierce/USFWS

 USFWS must be provided sufficient specific justification of the impacts to conduct an adequate section 4(b)(2) balancing. The Service cannot justify exclusions only based on generalized statements. Exclusion under 4(b)(2) cannot lead to species’ extinction

 Eastern massasauga – threatened species  Road-killed EM found on base, but no typical habitat near snake  What do you do for future section 7 consultations? Photo by Jonathan Schechter, Oakland County (Michigan) Parks

Deconstruct the Action

Identify the StressorsLand Cl e a ringNoise and distu r b anceTree removal Ground vegetation removal T r a n s p o r t a ti on Project Construction

St ressor – an action-caused change to the environment. Exposure – when, where, and how an organism may encounter the stressor. Response – how the organism reacts upon exposure. Stressor + Exposure = Response

When the effect is…entirely beneficial insignificant ordiscountable…formal consultation is not required. USFWS may concur with a ‘may affect, not likely to adversely affect’ determination Effect Determinations Bull Trout; Photo credit: Credit: Joel Sartore (National Geographic) and Wade Fredenberg USFWS

Beneficial effects … are contemporaneous positive effects without any adverse effects to the species. Not appropriate for actions that are likely to cause adverse effects – even if net effects are beneficial Precision Planting: Photo credit: Credit: Ryan Mollnow / USFWS

Insignificant effects …Magnitude…are those that are so minor that they cannot be meaningfully measured, detected, or evaluated. Effect Determinations

Di s c ountable effects …extremely unlikely to occur.No Effects… No effects whatsoever. Effect DeterminationsPhoto credit: Mark Bellis / USFWSProbability

 Four listed species Karner blue Rusty patched bumble beeGray wolfNorthern long-eared batPhoto credit: Credit: Tim Wilder/U.S. Army

 Gray wolfAddition of new hard artillery targetsPhoto credit: Credit: Wisconsin DNR

 Gray wolf Addition of new hard artillery targetsGray wolves may be exposed to: activities of placing the new targets small amount of habitat disturbance firing on targets by land-based sources and aircraft. Photo Credit: Anita Johnson

 Have persisted near training activities, including live fire, since 1999 Pack territory extends beyond the action area Likely to locate den and rendezvous sites outside of impact area  New targets near existing targets

 Karner blue Ft. McCoy important to recoveryHabitat affected by trainingProgrammatic BO – 1994 - amended 21 timesUse effects to area containing lupine as surrogate for take of butterfly Karner blue; Photo Credit: Phil Delphey/ USFWS

 Must describe: the causal link between the surrogate and the take;why it is impractical to express the extent of take or to monitor take-related impacts in terms of individuals; Photo Credit: Sgt. Robert Farrell

 3) Must set a clear standard for determining when the level of anticipated take has been exceeded.Smith, M., Turner, M. & Rusch, D. Environmental Management (2002) 29: 102. https://doi.org/10.1007/s00267- 001-0044-9

 Call your friendly USFWS Ecological Services Field Office biologist  Be forthright Work out a reasonable and efficient solution  A willingness to pursue conservation measures will go a long way USFWS Photo

 True or False – Under section 7(a)(2) of the Endangered Species Act, adverse effects to critical habitat are prohibited? True or False – Must an installation’s INRMP provide a benefit to the species to avoid the inclusion of DoD lands in a final critical habitat designation?  Does an INRMP have to specifically mention the listed species to justify exclusion of the covered DoD lands from a critical habitat proposal?

 What is the next step for the USFWS if it finds that an INRMP does not benefit a species sufficiently to warrant an exclusion of the relevant DoD lands from a critical habitat proposal?  For actions that may affect listed species, what is required to avoid the need for formal consultation?  What would be the correct determination if a proposed action would result in net benefit to a listed species, but cause short-term adverse effects?

 What would be the correct determination if a species is exposed to a stressor, but does not respond?  Under what circumstances would consultation under section 7(a)(2) be required if critical habitat is not designated for a listed species on a DoD installation?  What are the three general ways that effects to a listed species are not likely to be adverse?

 Does the Endangered Species Act prohibit the take of the habitat of a listed species? With which USFWS office should you engage if you are concerned about a potential critical habitat designation that may affect DoD lands?

 If a surrogate is used to describe the extent of incidental take that is anticipated to occur as a result of a proposed action, what three criteria must be met?  Name five things that the USFWS considers when evaluating whether an INRMP provides a benefit to the species sufficient to preclude critical habitat designation?