Endangered Species Act. Section 7 Programmatic

Transcription

1 Endangered Species Act Section 7 Programmatic

2 Endangered Species Act Purpose to provide a means to conserve ecosystems upon which endangered and threatened species depend

3 Endangered Species Act Section 2: Findings and Purposes Section 3: Definitions Section 4: Listing, Critical Habitat Designation, Recovery, Monitoring Section 5: Land Acquisition Section 6: Cooperation with the States Section 7: Interagency Cooperation (Federal) Section 8: International Cooperation Section 9: Prohibited Acts Section 10: Exceptions (Permits, experimental populations) Section 11: Penalties and Enforcement Sections 12-18: Misc

4 Endangered Species Act Definitions Take - to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in any such conduct Take prohibition (Section 9) for wildlife species applies to any person or Federal agency

5 Take Further Defined Harm - significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. 50 CFR 17.3

6 Take Further Defined Harass an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly impair normal behavioral patterns including breeding, feeding or sheltering. 50 CFR 17.3

7 Take Further Defined Incidental take Take that is incidental to, and not the purpose of, carrying out of an otherwise lawful activity 50 CFR

8 Does the ESA apply to projects on private and other non-federal land? YES

9 Compliance Responsibilities Federal Agency Section 7 Federal nexus - federal agency funds, authorizes or carries out the program or project, or is on federal land Federal agency determines effects Federal agency consults with FWS/NOAA Trigger - may affect FWS/NOAA writes concurrence letter or Biological Opinion Non-Federal entity follows conservation measures provided by Federal agency

10 Why Not Individual Consultation Individual consultation can easily take 90- days or longer You must provide very detailed information on every aspect of the project Requires a lot of staff time to prepare BA and BO Lessons from Columbia River, late 1990s

11 What is a Programmatic Consutation One major consultation followed by mini consultations, tracking, reporting, refining Covers multiple programs, species, actions, and states Consistent across FS, BIA, BLM, BPA, FWS, NOAA Follows previous programmatic consultations

12 PROJECTS Programmatic Restoration Opinion for Joint Ecosystem Conservation by The Services

13 How it works Consult on 20 different restoration actions at one time Incorperate Project Design Criteria, BMPs, and Conservation Measures Review and Approval Notice wait 30 days then go FWS / NOAA Approval wait for concurrence RRT get approval (next slide) Full Implementation Required Site Access On-site Documentation Monitoring and Reporting

14 Restoration Review Team (RRT) Comprised of program managers, engineer, biologist, hydrologist, geomorphologist, soil scientist. Meet three times a year plus one annual meeting Ensure obligations are being met, maximize ecological benefits, ensure consistency Maintain a record of changes / clarifications approved by FWS / NOAA Review required for: Dam Removal Channel Reconstruction Tide/Flood Gate Precedent or policy setting actions.

15 Who is Covered USFWS; Partners for Fish and Wildlife, Coastal, Recovery, Fisheries restoration programs NOAA Restoration Center Washington, Oregon and Idaho

16 Actions Covered Fish Passage Large Wood, Bolder Dam and Legacy Structure Channel Reconstruction/Relocation Off and Side-Channel Habitat Restoration Streambank Restoration Set-back/Removal of Berms, Dikes, and Levees Reduction/Relocation of Recreation Impacts Livestock Facility Improvement Piling and other Structure Removal

17 Actions Covered (cont.) Shellfish Bed/Nearshore restoration In-channel Nutrient Enhancement Road and Trail Erosion Control and Decommissioning Juniper Removal Bull Trout Protection Beaver Habitat Restoration Wetland Restoration Tide/Flood Gate Removal, Replacement, or Retrofit Promote/Restore Native Upland Vegetation and Habitats Silvicultural Treatments

18 Control of Invasive Plants Use Integrated Pest Control (IPC) Manual, Mechanical Mowing Mulching Burning Chemical

19 Chemicals (Common Trade Names) Aquatic imazapyr (e.g., Habitat) Aquatic glyphosate (e.g., AquaMaster) Aquatic triclopyr-tea (e.g., Renovate 3) Chlorsulfuron (e.g., Telar, Corsair) Clopyralid (e.g., Transline) Imazapic (e.g., Plateau) Imazapyr (e.g., Arsenal) Metsulfuron-methyl (e.g., Escort) Picloram (e.g., Tordon) Sethoxydim (e.g., Post) Sulfometuron-methyl (e.g., Oust)

20 Adjuvants Agri-Dex Bond Bronc Plus Dry-EDT Competitor Cygnet Plus Exciter InterLock Level 7 Magnify Pro AMS Plus Superb HC AquaSurf Bronc Max Class Act NG Cut Rate Denstin HC Fraction Kinetic Liberate One-AP XL Spray-Rite Tactic Tronic

21 BMPs Refuel >5-gallons 150-feet from water Comply with label No mixing herbicides <10% riparian area 6 th field HUC Licensed applicator or under direct supervision Spill response plan and cleanup kit Use lowest concentration Wash 300-feet from water Wind less than 10mph Temperature <80 degrees Fahrenheit

22 BMPs Cont. Carriers (solvents) limited to water or specifically labeled vegetable oil Non-hazardous dye (e.g., Hi-Light or Dynamark) within 100-feet of water Herbicide buffers vary

23 Tips Detail matters!! Determine if have federal nexus early Work with FWS & other federal agencies To aid in determining affected species, minimization measures, etc. Build species measures into project design Plan time to determine effects and get compliance Don t wait til the last minute for ESA compliance

24 Helpful Websites

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