THREATENED AND ENDANGERED SPECIES OFFICE OF ENVIRONMENTAL SERVICES

THREATENED AND ENDANGERED SPECIES Ohio T & E coordinating agencies: U.S. Fish and Wildlife Service USFWS)U.S. Fish and Wildlife Service USFWS) Ohio Department of Natural Resources (ODNR) 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  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.  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.  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 = Recovery NATURAL 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 SPECIES ENDANGERED SPECIES ACT (ESA) Section 9: Prohibits the take of an Endangered species by any person within the United States.  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:  Scientific Purposes:  Enhancement of survival  Incidental Take  Habitat Conservation Plan

THREATENED AND ENDANGERED SPECIES Consultation:  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.  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: (aka: Initiation Package) by Biological Assessment (aka: Initiation Package) byODOT/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 SPECIES Biological 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 PROGRAMMATIC CONSULTATION AGREEMENT 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 Units LEGEND: West Management Unit Central Management Unit Northeast Management Unit East Management Unit South Management Unit

URBAN AREAS Projects 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 BAT Results 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 Species Responsible 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.

STATE LISTED ANIMAL SPECIES Definitions Definitions:  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

STATE LISTED PLANT SPECIES Definitions:  Endangered  Threatened  Potentially Threatened  Added - Recently added to NHDB program rare plant inventory, but there is insufficient information available to determine status. Gattinger's Foxglove Prairie Fringed-orchid Small Whorled Pogonia

THREATENED AND ENDANGERED SPECIES Literature Searches Listed 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 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 ?