Threatened and Endangered Species When Your Project Warrants Consultation

Introduction

Laws and Regs

Policy Refresher

NRCS Policy

Section 7, Programmatic Consultation

Need For Action

Recap

How to Proceed?

Case Study ESA Section 7 Programmatic Consultation

Scenario 1.A USDA Program participant (Landowner) in Mahaska County wants to increase his forage capacity and quality for livestock grazing under an EQIP agreement. 2.The subject land consists of 30 acres of mature forest, pasture, and old–field that have been overcome by trees and brush. 3.The Landowner intends to conduct “woody habitat manipulation” to open the canopy during the Summer when has less constraints on his time. (MA, LAA) 4.In addition to avoiding all habitat trees (hickories and snags), he proposes to retain all trees >12” DBH. (Conservation Measure/Mitigation). 5.NRCS field staff conducted a site visit to assess habitat potential for the endangered Indiana bat. A second site visit was conducted after the initial assessment indicated a number of factors that could mitigate impacts currently viewed as May Affect, Likely to Adversely Affect the Indiana bat. a.Heterogeneous forest composition and structure b.Clustering of habitat trees

Challenges The extent and timing of the proposal kicks this project out of consideration under the PC.  Field: Consult State Biologist—Oh No!!!  State Biologist: Work with field staff and landowner to reduce impacts OR consult with USFWS—Oh No!!! Landowner—Must do the work in the Summer. USFWS—Ok, but let’s conduct a survey to assist in determining presence/possible absence. Landowner—liability? USFWS—Ah Ha: Old forests are core habitat!

PC Evolves The PC catagorically declaires all forests containing snags and hickories; and which have >35% canopy cover, are not isolated, and proximate to water as protected habitat—nearly all wooded areas in Indiana bat counties? The literature casts doubt on this interpretation. Informal consultation between NRCS and USFWS results in greater clarification.

Elements of a Successful Proposal Complete Project Description Complete List of Affected Protected Species What’s affected and How Clear Depiction of Avoidance and Minimization Substantiate Your Determination Use of Species-Specific Information

Consultation Resources

NatureServe

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