Allotment Name Stream Name Miles of Bull Trout Critical Habitat

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2 Mr. Steve Beverlin 2 1. Description of the Proposed Actions and Action Area The proposed action covers the Blue Bucket, Dollar Basin, and Star Glade Allotments in response to the request for consultation on the Blue Bucket Allotment Complex Management Project which authorizes grazing that the MNF determined may affect, but are not likely to adversely affect bull trout, listed as threatened under the Endangered Species Act, and CH. The action area for this consultation is within the Upper Malheur River 1 digit watershed, and includes the Cliff, Blue Bucket, Lake and Bosonberg subwatersheds. In addition, the Malheur River sub-basin within the action area is designated Wild and Scenic River. This watershed is bounded to the north by the Strawberry Mountain Range and to the south by the ridge running between Blue Bucket Creek/Malheur River to the north and Griffin Creek to the south. The north end of the action area begins at the northwest end of the Logan Valley and runs south then southeast toward Dollar Basin, extending east toward the area southwest of Crane Prairie, continues south being bounded on the west by the Malheur River and on the east by Knox and Antelope Mountains. There are a total of 27.3 designated CH miles in the action area (Table 1) including: 1.5 miles in the Blue Bucket Allotment, 14.5 miles in the Dollar Basin Allotment, and 2.3 miles in the Star Glade Allotment (see maps in Appendix A of the Assessment). The consultation is proposed to cover the next ten years ( ) of livestock grazing within these allotments, as part of the Blue Bucket Allotment Complex Management Project. Table 1. Miles of Bull Trout Critical Habitat in the Action Area Allotment Name Stream Name Miles of Bull Trout Critical Habitat Blue Bucket Black Canyon Creek Cliff Creek Lake Camp Gulch Skookum Creek Lee Creek 5 unnamed tributaries to the Malheur River Malheur River 1.5 Dollar Basin Star Glade Crooked Creek Unnamed tributaries to Crooked Creek 3 unnamed tributaries to McCoy Creek Frazier Creek Byars Gulch Tureman Creek Diamond Dot Gulch Malheur River Dollar Basin Creek Frazier Creek Malheur River 2.3 Unnamed tributary to Bosonberg Creek Overall Total Miles Critical Habitat 27.3

3 Mr. Steve Beverlin 3 Elements Common to All Allotments Fence Maintenance Compliance The MNF proposes a new fence maintenance compliance strategy (Section 6 of the Assessment) that defines fence inspection and maintenance criteria necessary to meet the purpose and needs of the action. Key measures included are: 1. Permittees are responsible for maintenance of perimeter and allotments fences, interior pastures fences, and exclosure (critical habitat and spring) fences 2. MNF is responsible for maintenance of exclosure fences established for aspen, wildlife, or other uses not related to livestock grazing management 3. Permittees shall notify MNF of completed pre- and in-season fence inspections and maintenance 4. All fences must be maintained prior to turn-out 5. Failure to comply with fence maintenance will result in a non-compliance letter, and a no more than 5-day timeline to remedy the issue 6. If the fence maintenance issue is not remedied within 5 days, no authorized grazing will be permitted, or livestock will be removed from the pasture (or the allotment if the fence issue occurs in the last pasture of the Allotment rotation) 7. Fence maintenance non-compliance in more than two grazing seasons during the life of the consultation will result in pasture rest and re-initiation of consultation before the next grazing season Project Design Criteria and Adaptive Management Strategy Adaptive management options (Table 2) and PDC (Table 3) discussed in the Assessment are common to all allotments and were analyzed as part of the proposed action for effects to bull trout and CH. Major changes in proposed actions from the previous consultation will be: 1) the Dollar Basin and Star Glade Allotments will be combined into one allotment, 2) complete fencing of the UMR to exclude livestock access within the action area, 3) critical habitat on Crooked Creek in the Merit, North Starvation, and Starvation Unit pastures will be excluded from livestock grazing for the life of this consultation, and 4) the Merit pasture will be rested for the life of this consultation. Table 2. Adaptive Management Options A B* C* D Possible Grazing Management Actions Implement different grazing system, and/or change number of pastures (deferred rotation in 2, 3, 4, or more pastures, rest-rotation, short-duration spring grazing, within the proposed dates etc.) to meet resource objectives on the allotment (may include use of permittees private land in the rotation). Modify annual grazing use indicators or add other indicators as needed to facilitate achievement of objectives and desired conditions. Adjust trend indicators as aquatic and riparian resources recover and evolve to ensure appropriate parameters are being monitored. Construct new permanent water development to influence livestock distribution (dugouts/ponds, wells, pipeline, tanks, pump, solar).

4 Mr. Steve Beverlin 4 Possible Grazing Management Actions E Remove existing water development to influence livestock distribution. Construct fence to exclude livestock from areas of concern (springs, seeps, riparian, ESA F critical habitat, Region 6 sensitive species sites, species of local concern, hardwoods, heritage site, or other). G Implement specific dates of use or nonuse to protect areas of concern. H Construct permanent fence to influence livestock distribution. I Use temporary electric fence for short-term control of livestock distribution. J* Remove (permanent or temporary) fence to influence livestock distribution. K Use of range rider (herding) to control livestock movement (distribution). Change class of animal (i.e., cow/calf to yearling) do not exceed permitted animal unit L months (stocking rate). M Rest from livestock grazing for one or more seasons. Change the permitted livestock number, permitted AUMs and/or season until demonstrated N progress toward desired future condition is made (as evidenced by monitoring and inventory data). O Do not allow livestock grazing. P* Change allotment or pasture boundaries. Q Use salt or other supplements to draw livestock toward or away from specific areas. Construct large woody debris barriers to protect sensitive resource area, not for redd R protection. S Move existing water developments, if feasible, away from streams and springs. T Fell and limb juniper and/or small pines to protect soils from livestock impacts. U Harden water gap, stream crossings, and/or stock pond berms. Restrict access and/or use after August 15 each grazing season to avoid bull trout V spawning. Interdisciplinary team (IDT) will implement the monitoring protocol for fish spawning and W rearing. *If these are used, may require new NEPA decision or re-initiation of Section 7 Consultation. Table 3. Grazing Livestock Project Design Criteria (PDCs) # Project Design Criteria Applies to: Aquatic Resources 1 Management will be framed in a manner that will allow managers to manipulate grazing strategies (dates, stocking levels, rotational patterns) depending on annual environmental factors and permittee success at meeting standards during the previous year and results of annual monitoring data. 2 Permittees are responsible for and must maintain perimeter, interior (pasture), and critical habitat exclosure fences prior to turn-out each year. 3 Standards that are required of the permittee (e.g., turnout dates, move triggers, end-point standards) will be outlined in an addendum to Part III of the grazing permit.

5 Mr. Steve Beverlin 5 4 Most Sensitive Riparian Areas (MSRA) is used to identify stream sections that are most vulnerable to livestock impacts. Previous MSRA designation stands. MSRA delineations shall guide application of bank alteration values. 5 Spawning surveys will occur within all pastures containing MSRA and critical habitat where turnout is expected to occur after August 15 for ESA listed bull trout. 6 To minimize risk of redd trampling the Forest and permittees will utilize a number of tools to protect redds, which include but are not limited to: deferred rotation, rest, exclusion with water gaps, temporary electric fences, additional riding, and no grazing in pastures after August 15 for bull trout. All CH within the Blue Bucket and Dollar Basin/Star Glade allotments will be excluded from grazing for the life of this consultation. 7 Complete all required monitoring (implementation and effectiveness) at DMAs. Including implementation monitoring by the MNF and PIBO effectiveness monitoring by the PIBO Team. 8 Permittees will be notified by the range specialists and maps of redd locations will be provided by the fisheries biologist to the permittee(s) when redds are located within grazed pastures. Maps will be provided as soon as practicable to the permittee(s) in paper or electronic form and prior to the permittee releasing livestock on the pasture. (All CH within the action area will be excluded from grazing) 9 MNF will complete and document mid-season monitoring and checks of RHCAs for livestock use in each pasture that contains bull trout CH. All CH within the Blue Bucket and Dollar Basin/Star Glade allotments will be excluded from grazing for the life of this consultation. It is important to maintain exclosure fences; mid-season checks should entail checking and maintaining exclosure fences. 1 Existing exclosure fences and any future riparian exclosure fences shall be inspected and maintained each year prior to turnout of livestock. The results of fence inspections shall be reported to the Responsible Official prior to approval of yearly grazing authorization. 11 Damage to any critical habitat exclosure fencing shall be repaired prior to turnout of livestock in pastures or during the grazing season where the exclosures are located or which adjoin the exclosures. 12 Annual use indicators will be used along with pasture off dates, and fish spawning to dictate when livestock are to be moved from pastures. This will help the MNF meet long-term RMO s. 13 The MNF Range and Aquatic staff will provide NMFS and USFWS with an End of Year Report (EOY) by February 15 of each year, for the previous grazing season. Inclusive of a two week Level 1 Team review process and focused discussion. Range readiness Range readiness Monitoring Monitoring Monitoring Reporting all project 14 All existing troughs, springs and ponds are to be maintained by grazing permittees to provide off-stream water for livestock. 15 Use of roads and off-road travel by permittees and Forest Service staff

6 Mr. Steve Beverlin 6 will follow these PDCs: Vehicles are not authorized to travel through seeps, springs or streams except for use of existing fords on road crossings; All refueling and fuel storage will occur at least 15 feet away from live streams; OHV routes within 1-feet of streams will not be visible so that access routes do not become new trails and minimize disturbance to riparian vegetation; OHV travel off established roads within 1-feet of streams would occur only during periods when soil is dry and rutting or compaction is not apparent. 16 The application of adaptive management practices shall be recommended by an ID Team composed, at a minimum of a range specialist, hydrologist, and fish biologist or their documented designate. Bluebucket Allotment ( ) The MNF proposes to authorize livestock grazing on the Bluebucket Allotment for the next 1 years in conjunction with the Range National Environmental Policy Act (NEPA) Environmental Assessment (EA) Blue Dollar. The proposed action will authorize two grazing permits to operate grazing three separate herds of cattle, annually, from 6/1-9/3 on 11 different pastures (Table 4). All CH in the allotment has been excluded from grazing by fencing or topography. Table 4. Bluebucket Allotment Proposed Pasture Use Pasture and Authorized Total MIM and/or PIBO DMA Total C/C number Number Acres 226 (Y/N)** Dry Meadow 12 5,327 7/1-9/3 N Lake Camp 5 3,325 7/1-9/3 N Rock Springs 21 5,79 7/1-9/2 N New North Cougar 12 3,93 6/15 7/1 N New Cougar South pasture 12 1,383 6/2 6/15 N TeePee 21 3,984 6/1-7/1 N *Patchen Park /1-7/1 N *Two-dot /1-7/1 N Cow Camp 5 51 N Jones Springs up to 21 total (not all at one time) 218 9/2-9/3 N *South Horse /1-7/1 N Cougar Riparian Rested 31 Rested Y MIM * Total 5 c/c for all three pasture Herd 1 Herd 2 Herd 3 Dollar Basin/Star Glade Allotment ( ) The MNF proposes to authorize livestock grazing on the Dollar Basin/Star Glade Allotment for the next 1 years in conjunction with the Range NEPA Environmental Assessment (EA) Blue Dollar. The proposed action will authorize one grazing permit to operate grazing one herd of

7 Mr. Steve Beverlin 7 cattle from 6/1-9/3, annually on 7 different pastures. The grazing rotation schedule for these pastures is detailed, and thus not in tabular format (see Section 7.2 of the Assessment). All CH in the allotment has been excluded from grazing by fencing, rest, and/or pasture reconfiguration. 2. Project Elements Analyzed Three of the project elements (PEs) were dropped from further analysis because these elements have already been consulted on in a previous programmatic consultation (PE 3: range improvements and PE 4: exclusionary fencing in the Assessment), or the PE is a response strategy and not an action (PE 6: adaptive management). The remaining project elements and associated were analyzed for effects to bull trout and/or CH (Section 8.4 of the Assessment) and are summarized below (Table 5). Table 5. Project Elements Analyzed for Effects to Bull Trout and/or CH Project Element PE #1 Livestock use of allotments/pastures PE #2 Permittee management of livestock and infrastructure maintenance PE #5 Monitoring Activities Livestock grazing number, time frame, and locations Move-in and move out of livestock using mechanized vehicles, herding by range riders, offstream water developments, and fence maintenance Monitoring Livestock Use of Pastures and Allotments Livestock will graze the individual pastures that make up the allotments in the numbers, time frames, and locations described above in Tables 4 and 5 for each of the allotments in association with the authorizes grazing permits. Permittee Management of Livestock and Infrastructure Maintenance This project element includes the move-in and move-out of livestock using highway and off-road vehicles, and herding by range riders. While vehicles are also used to access sites for monitoring purposes (PE 5), the effects of vehicle use to CH and to the species will only be assessed for this project element to reduce redundancy in the analysis. Side-boards for vehicle use are provided by the PDCs described earlier in the proposed action section. Troughs, springs and ponds are maintained by grazing permittees to provide off-stream water for livestock. In addition, there are miles of fence and numerous gates that are maintained each year. Typical maintenance involve the use of hand tools or machines on a small footprint of land. Some work such as repairing troughs or replacing wire will not involve any soil or vegetation disturbance. Other maintenance may disturb small amounts of soil and vegetation, but rarely within riparian areas adjacent to bull trout CH. Workers performing maintenance rarely walk in riparian areas or in stream channels where listed fish are present or in designated CH.

8 Mr. Steve Beverlin 8 Monitoring A variety of implementation and effectiveness monitoring techniques are employed to determine if desired conditions are being met. The MNF Riparian Monitoring Strategy is discussed in detail in the Monitoring section (Section 2 of the Assessment). Workers use manual and electronic equipment to measure vegetation, water quality and stream channel/streambed characteristics. Some monitoring actions include wading in stream channels. 3. Concurrence with Finding The Allotments in the action area contain CH in the UMR, McCoy Creek, and Crooked Creek. Estimated population numbers of bull trout in the action area are lacking, due to brook trout presence and the difficulty of distinguishing bull trout redds from brook trout redds. Recent surveys from the Burns Paiute Tribe and the Oregon Department of Fish and Wildlife have documented individual fish in the UMR, but not in any of the tributaries in the action area. Fluvial fish may use the UMR to migrate up and downstream; however, the lack of suitable habitat, and high stream temperatures suggest that the CH within the action area is currently unsuitable for bull trout for a majority of the summer. The PEs were analyzed in detail in the Assessment, and only PE #1 (livestock use) was found to have negative but not meaningfully measured effects to bull trout and/or bull trout CH. The Physical and Biological Features (PBF) affected include PBF 1 (springs, seeps and groundwater), PBF 2 (migratory corridor), PBF 3 (food base), PBF 4 (complexity), PBF 5 (water temperature), PBF 6 (substrate), PBF 7 (natural hydrograph), and PBF 8 (water quality and quantity) in these areas. The Assessment fully describes the package of strategies, procedures, and monitoring and reporting requirements to ensure compliance with bull trout and CH conservation. Our analysis is based on the totality of the description of the proposed action. The MNF has determined, and the Service concurs, that the proposed livestock management on the Bluebucket and Dollar Basin/Star Glade Allotments may affect, but is not likely to adversely affect, bull trout or bull trout critical habitat. The Service s concurrence is primarily based on the following: Bluebucket Allotment The Bluebucket Allotment contains CH on the UMR; however, all CH has been excluded from grazing through fencing or natural barriers. No livestock grazing of CH, river crossing of CH, or other direct livestock interaction with bull trout or CH will occur. The Cougar Riparian Pasture will be rested during the life of the consultation. Dollar Basin/Star Glade Allotment The Dollar Basin/Star Glade Allotment contains CH habitat within the Upper Malheur River (UMR); however, all CH has been excluded from grazing through fencing or rest for the life of this consultation. The Merit Pasture, which contains Crooked Creek (CH), will be rested for the life of this consultation.

9 Mr. Steve Beverlin 9 The new North Starvation exclosure, which contains the lower portion of Crooked Creek (CH), will be rested for the life of this consultation. McCoy Creek (CH) in the Rocking Chair Pasture is excluded from grazing by fencing. Livestock trailing from the HJ Pasture to the Dollar Pasture through Merit Pasture will occur in one day (no overnighting) and will cross Crooked Creek using the 355 road culvert. Common to Both Allotments The MNF fence maintenance strategy with respect to allotments, pastures, and exclosures with CH will create accountability for fence inspections and maintenance to occur to ensure no grazing occurs in CH. The MNF PDC will ensure compliance of livestock management and will adequately ensure avoidance of CH by livestock within the allotments. The MNF adaptive management options will ensure compliance of livestock management and will adequately ensure avoidance of CH by livestock within the allotments. Guidance provided by the Forest Service Handbook 229 provides an adequate course of action and potential reduction/suspension of permitted livestock grazing, should failure of compliance occur. The combination of range readiness inspections, mid-season monitoring, and routine permit administration compliance checks are sufficient to ensure compliance with endpoint standards. Frequency of inspections or checks will be adjusted during the course of the grazing season and determined by the resources of concern, length of grazing season, past compliance history, and sensitivity of habitats. Grazing the tributaries to the UMR contained within the allotments may have indirect effects to CH on the UMR; however, any effects associated with these allotments are not expected to have lasting impacts that will persist over time. The effects that grazing may have on riparian communities or channel structures that contribute to CH are expected to be insignificant and not apparent in the following year. The proposed action is likely to produce isolated occurrences of increased sediment and turbidity and minor bank alteration where livestock enter or cross streams. These effects are expected to be short duration and very small in scale and are therefore not expected to significantly disrupt normal behavioral patterns of bull trout. The PCRD s past performance of implementing the livestock grazing management program has had varied success. Since the conclusion of the last consultation, PCRD has made a considerable effort to eliminate, minimize, or avoid livestock impacts to bull trout and CH. 4. Conclusion This concludes informal consultation pursuant to section 7 of the Act. If information reveals effects of the proposed actions to listed species or critical habitat in a manner or to an extent not considered in this consultation, or the action is subsequently modified in a manner that causes an effect to listed species or critical habitat that was not considered in this consultation and/or a new species is listed or critical habitat is proposed that may be affected by these actions, the PCRD will need to re-initiate consultation.

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