Module 3 Counterpart Regulations Standards of Review for Determining Project Effects

Overview of Standards Provide the Logical Basis for the Analysis Provide the Logical Basis for the Analysis Ensures Consistency with ESA and Counterpart Regulations Ensures Consistency with ESA and Counterpart Regulations Reflect Services’ Process for Evaluating and Concurring with Action Agency NLAA Determinations Reflect Services’ Process for Evaluating and Concurring with Action Agency NLAA Determinations Foundation is in an Analysis of Exposure and Response Foundation is in an Analysis of Exposure and Response

Overview of Process Identify the Action/ Deconstruct Action Identify the Action Area Identify Species and Critical Habitat Describe Species Status Conduct Effects Analysis (Exposure and Response) Determination of Effects

Identify the Project (and Deconstruct the Action) Where is the geographic location? Where is the geographic location? What is the purpose of the action? What is the purpose of the action? When is the action planned for implementation? When is the action planned for implementation? How long will it take? How long will it take? What are the interrelated and interdependent activities (if any)? What are the interrelated and interdependent activities (if any)? Are there any applicants? Are there any applicants?

Deconstruct the Project Thinning and Broadcast Burning Burning Crushing Hauling Skidding Thinning

Identify the Action Area Direct Effects + Indirect Effects = Action Area

Identify the Action Area Direct Effects are those that are immediate and include I&I actions. Indirect Effects are those caused by or result from the proposed action, are later in time, and are reasonably certain to occur.

Identify Species and Critical Habitat Maintain current species lists Maintain current species lists Species and CH that overlap with the action area Species and CH that overlap with the action area Frames future analysis for effects determination Frames future analysis for effects determination

Species Biology ( provides context for how species may be affected ) Range Range Seasonal Distribution Seasonal Distribution Population Stability Population Stability Population Dynamics Population Dynamics Life History Life History Life Stages Life Stages Threats to the species Threats to the species

Effects of the Action Exposure Analysis: Will a species or Critical Habitat be exposed to environmental effects (direct and indirect) of the action? Exposure Analysis: Will a species or Critical Habitat be exposed to environmental effects (direct and indirect) of the action? Response Analysis: If exposed, what is the species or Critical Habitat response? Response Analysis: If exposed, what is the species or Critical Habitat response? (insignificant or discountable or completely beneficial or adverse?) (insignificant or discountable or completely beneficial or adverse?)

Exposure Analysis Establishes the connection between a probable environmental effect (impact) and the species or critical habitat: Establishes the connection between a probable environmental effect (impact) and the species or critical habitat: Is there exposure? Is there exposure? What is the exposure? What is the exposure? Where would it occur? Where would it occur? Does exposure vary over time? Does exposure vary over time?

Exposure Analysis Factors to Consider Probability Probability (will an environmental effect actually occur?) (will an environmental effect actually occur?) Proximity Proximity (where is the effect in relation to the listed resource?) (where is the effect in relation to the listed resource?) Magnitude Magnitude (what is the severity and intensity of the effect?) (what is the severity and intensity of the effect?) Distribution Distribution (what is the geographic area in which the effect will occur?) (what is the geographic area in which the effect will occur?) Frequency Frequency (how often will it occur?) (how often will it occur?) Duration Duration (how long will it last?) (how long will it last?) Timing Timing (when will it occur?) (when will it occur?)

Response Analysis Combines information in exposure analysis with information on the biology of the species or condition of Critical Habitat Combines information in exposure analysis with information on the biology of the species or condition of Critical Habitat Exposure must elicit a response or reaction from the species or Critical Habitat Exposure must elicit a response or reaction from the species or Critical Habitat

Response Analysis Action results in noise Action results in noise Noise disrupts breeding cycle Noise disrupts breeding cycle Noise does not disrupt foraging Noise does not disrupt foraging Action implemented after breeding season Action implemented after breeding season Action does not illicit a response from the species Action does not illicit a response from the species

Response Analysis Responses can be: Responses can be: Insignificant Insignificant Discountable Discountable Completely beneficial, or Completely beneficial, or Adverse Adverse Disruption of essential behavioral patterns result in negative and adverse responses (incidental take), regardless of long-term net benefits Disruption of essential behavioral patterns result in negative and adverse responses (incidental take), regardless of long-term net benefits

Response Analysis Other Considerations Effect of the action = condition post- implementation compared to pre- implementation Effect of the action = condition post- implementation compared to pre- implementation Species resiliency Species resiliency Uncertainty Uncertainty Use of best available information? Use of best available information? Action modification to decrease risk? Action modification to decrease risk? Incorporation of new information? Incorporation of new information?

Example (Bull Trout) A proposed project will construct a 0.5 mile long paved pedestrian trail adjacent to the Snohomish River. The project causes exposure because: Bull Trout use the Snohomish River within the action area. Bull Trout use the Snohomish River within the action area. The proposed project will increase the potential for sediment to be released into the River within the action area. The proposed project will increase the potential for sediment to be released into the River within the action area.

Example (Bull Trout) A proposed project will construct a 0.5 mile long paved pedestrian trail adjacent to the Snohomish River. The response is insignificant and discountable because: The project does not have in-water work components. The project does not have in-water work components. The project is located above the ordinary high water mark of the Snohomish River. The project is located above the ordinary high water mark of the Snohomish River. The proposed project will result in the elimination of automobile parking adjacent to the Snohomish River. The proposed project will result in the elimination of automobile parking adjacent to the Snohomish River. The project includes the planting of woody vegetation along the approximately 10,000 square feet of shoreline. The project includes the planting of woody vegetation along the approximately 10,000 square feet of shoreline. To avoid erosion and sedimentation, earthwork will be limited to the summer and will be completed by August 31. Disturbed ground will be mulched and seeded. To avoid erosion and sedimentation, earthwork will be limited to the summer and will be completed by August 31. Disturbed ground will be mulched and seeded.

Example (Bald Eagle) A proposed project will construct a 0.5 mile long paved pedestrian trail adjacent to the Snohomish River. The project causes exposure to the bald eagle and bald eagle habitat because: Noise impacts from pile driving and human activity will occur adjacent to the Snohomish River where wintering and foraging bald eagles might occur. Noise impacts from pile driving and human activity will occur adjacent to the Snohomish River where wintering and foraging bald eagles might occur. Suitable perching and foraging habitat occurs within the action area. Suitable perching and foraging habitat occurs within the action area.

Example (Bald Eagle) A proposed project will construct a 0.5 mile long paved pedestrian trail adjacent to the Snohomish River. The response is insignificant and discountable because: Noise impacts from pile driving will be limited to the time period between August 15 and December 15 to avoid nesting and wintering activities. Noise impacts from pile driving will be limited to the time period between August 15 and December 15 to avoid nesting and wintering activities. The project will not result in impacts to bald eagle prey species. The project will not result in impacts to bald eagle prey species. No significant loss of suitable perching or foraging habitat will occur. No significant loss of suitable perching or foraging habitat will occur. The nearest nesting territory is approximately 0.5 miles away and is not in line of sight. The nearest nesting territory is approximately 0.5 miles away and is not in line of sight.

Determination of Effect A summary of the facts that led to the conclusion A summary of the facts that led to the conclusion If ALL responses are insignificant, discountable, or completely beneficial; determination is NLAA If ALL responses are insignificant, discountable, or completely beneficial; determination is NLAA If ANY response is adverse; determination is LAA and Counterpart Regulations do not apply! If ANY response is adverse; determination is LAA and Counterpart Regulations do not apply!

NLAA Insignificant effects relate to the size of the impact and should not be able to be meaningfully measured, detected, or evaluated. Insignificant effects relate to the size of the impact and should not be able to be meaningfully measured, detected, or evaluated. Discountable effects are those extremely unlikely to occur Discountable effects are those extremely unlikely to occur Beneficial effects are any positive effect without adverse effects to the species. Beneficial effects are any positive effect without adverse effects to the species.

NLAA Based on best judgment, a person would not: (1) be able to meaningfully measure, detect, or evaluate insignificant effects; or (2) expect discountable effects to occur. Based on best judgment, a person would not: (1) be able to meaningfully measure, detect, or evaluate insignificant effects; or (2) expect discountable effects to occur.