THREATENED AND
ENDANGERED SPECIES
OFFICE OF ENVIRONMENTAL SERVICES
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 Clover
THREATENED AND ENDANGERED SPECIES
Endangered Species Act of 1973, as amended Ohio Endangered Animal Act Ohio Endangered Plant law
Laws that govern Endangered Species:
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 Office
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:
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.
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 = RecoveryNATURAL RESOURCES & NEPA MANAGEMENT 2012
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.
THREATENED AND ENDANGERED SPECIESENDANGERED 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 Plan
THREATENED AND ENDANGERED SPECIESConsultation: 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 Consultation
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.
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.
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.
THREATENED AND ENDANGERED SPECIESBiological 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 CatchflyPeregrine Falcon Bobcat
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 Salamander
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 2012
BIOLOGICAL OPINION FOR THE
FEDERALLY ENDANGERED Indiana bat (Myotis sodalis)
PROGRAMMATIC CONSULTATION AGREEMENT BETWEEN
USFWS - FHWA - ODOT
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:
Management UnitsLEGEND:
West Management Unit
Central Management Unit
Northeast Management Unit
East Management Unit
South Management Unit
URBAN AREASProjects 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 Manual
Potential Indiana Bat Characterization Worksheet
See Ecological Manual
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.
Additional Examples of Roosting Habitat
Large cavity in top of tree and broken limbs. Peeling bark
(Shagbark Hickory)
Large Cavity in trunk
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):
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.
Centralized Determination: ODOT-OES determines type of consultation
required based on the information sent in by the Districts.
INDIANA BATResults 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 ?
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
Snuffbox
• Projects that may require mussel surveys:– Bridge replacements– Deck replacements– Bridge rehabilitation– Culvert replacements or other work on tributaries adjacent to mussel
streams.– “Stream cleanout” activities such as gravel bar removal or scour hole repair
• What 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 Update
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 Update
State Listed SpeciesResponsible 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.
Regal Fritillary
STATE LISTED ANIMAL SPECIESDefinitions: 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 range
Scioto Madtom
STATE LISTED PLANT SPECIESDefinitions: Endangered Threatened Potentially Threatened Added - Recently added to NHDB
program rare plant inventory, but there is insufficient information available to determine status.
Yellow Fringed Orchid
Gattinger's Foxglove
Prairie Fringed-orchid Small Whorled Pogonia
THREATENED AND ENDANGERED SPECIES
Literature SearchesListed 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.
ENDANGERED SPECIES
Deertoe and Mapleleaf mussels
South bank of the Maumee River
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 ?