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Marit Alanen, Fish & Wildlife Biologist, U.S. Fish & Wildlife Service Photo credit: DHS/USFWS/UA.

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Presentation on theme: "Marit Alanen, Fish & Wildlife Biologist, U.S. Fish & Wildlife Service Photo credit: DHS/USFWS/UA."— Presentation transcript:

1 Marit Alanen, Fish & Wildlife Biologist, U.S. Fish & Wildlife Service Photo credit: DHS/USFWS/UA

2 Photo: Cleveland Press Collection, Michael Schwartz Library, Cleveland State University Image courtesy of Cleveland State Library Special Collections

3 Passed in 1973 “An Act to provide for the conservation of endangered and threatened species of fish, wildlife, and plants, and for other purposes.” Administered primarily by USFWS (NOAA for some marine mammals)

4 Divided into Sections Section 4. Determination of endangered species and threatened species Includes:  Adding/changing status/removing species  Designating critical habitat  Recovery Plans Photo credit: DHS/USFWS/UA

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6 The Secretary shall…determine whether any species is an endangered species or threatened species because of any of the following factors: Section 4. Determination of endangered species and threatened species

7 The Secretary shall…determine whether any species is an endangered species or threatened species because of any of the following factors: (A) the present threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; Photo credit: DHS/USFWS/UA (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence.

8 The Secretary…to the maximum extent prudent and determinable— (i) Shall…designate any habitat of such species which is then considered to be critical habitat; and (ii) may, from time-to-time thereafter as appropriate, revise such designation. Section 4. Determination of endangered species and threatened species Photo credit: DHS/USFWS/UA

9 EXCEPTIONS!! 50 CFR 424.12(a)(1) A designation of critical habitat is not prudent when one or both of the following situations exist— (1) The species is threatened by taking or other human activity, and identification of critical habitat can be expected to increase the degree of threat to the species, or (2) such designation of critical habitat would not be beneficial to the species.

10 Encompasses everything—even if we have little to no information, we still consider that in our analysis, as those are the best available data Photo credit: DHS/USFWS/UA

11 Petition Received 90-Day Finding Substantial Information Not Substantial Information 12-Month Finding Listing Warranted Listing Warranted but Precluded Listing Not Warranted Proposed Listing With Critical Habitat Without Critical Habitat Final Listing Final Critical Habitat Proposed Critical Habitat Final Critical Habitat

12 1994Proposed rule to extend endangered status into US 1972Endangered – Endangered Species Conservation Act (1969) 1973Endangered Species Act supersedes ESCA 1975Foreign and native species lists replaced by “List of Endangered and Threatened Wildlife” 1979FWS publishes notice:  Always intent that jaguar be listed throughout entire range, including US  Action to rectify would be taken ASAP 1980Proposed rule to list jaguar in US 1982Proposed rule withdrawn (ESA mandated if not final after 2 years) 1992Petitioned to list as endangered in US 1993Petition substantial and warranted 1995Congress enacts moratorium prohibiting work on listing actions 1996Moratorium lifted by Presidential waiver 1996Jaguar listing process resumed after CBD lawsuit and summary judgment 1997Final rule clarifying endangered status extended into US

13 1997Final rule clarifying endangered status extended into US  Critical habitat “not prudent” because publication of detailed maps would increase threat to jaguars 2006Agreed to reevaluate prudency determination in response to CBD lawsuit  Critical habitat “not prudent” because:  No areas in US met definition of critical habitat  Therefore, designation of critical habitat not beneficial to the species 2009Determination of “not prudent” found to be invalid by the court  Required USFWS to “focus on the principal biological constituent elements within the defined area that are essential to the conservation of the species” 2010Determined designation of critical habitat was “prudent”

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15  Essential to the conservation of the species  May require special management considerations or protection Specific areas within the geographical area  Occupied by the species  At the time it is listed  On which are found physical or biological features

16  At the time it is listed 1972Endangered Species Conservation Act (1969) 1973Endangered Species Act supersedes ESCA 1997Final rule clarifying endangered status extended into US 1979FWS publishes notice:  Always intent that jaguar be listed throughout entire range, including US  Action to rectify would be taken ASAP

17  At the time it is listed  Occupied by the species 1972  Average lifespan ~ 10 years o Include records from 1962–1982  Rare, secretive, difficult to detect, no surveys o Records from 1982–present indicate areas likely occupied at time of listing Occupied at time of listing = 1962–present

18  At the time it is listed  Occupied by the species 1972 1962– present  Evidence of occupancy Class I Physical evidence (skin, skull, photo) Class II Detailed info/no physical evidence Class III Second-hand report

19  At the time it is listed  Occupied by the species 1972 1962– present  Evidence of occupancy Class I  Physical or biological features

20  Implementation Subgroup  Landowners/Managers from Federal, State, Tribal, and private entities Convened Binational (US & Mexico) Jaguar Recovery Team in 2010  Technical Subgroup  Feline ecologists  Conservation biologists  Other experts

21 What area should Recovery Plan cover?

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23 What makes high-quality habitat in NRU?

24  Prey  Water  Vegetation  Topography  Connectivity  Expansive areas  Low human activity  No poaching  Vegetation (tree cover)  Topography (ruggedness)  Water (distance to)  Low human activity (HII)  Habitat type (WWF ecoregions)

25  Vegetation (tree cover)  Topography (ruggedness)  Water (distance to)  Low human activity (HII)  Habitat type (WWF ecoregions) What makes high-quality habitat in NRU? 333 georeferenced jaguar observations

26 What makes high-quality habitat in NRU? 3-60% tree cover Intermediate, moderate, high ruggedness Within 10 km of water HII < 30 WWF ecoregions

27 What makes critical habitat in the US? Modify habitat features using 130 undisputed Class I records from US from 1962 to present 3-40% tree cover Intermediate, moderate, and high ruggedness HII <= 20 Madrean evergreen woodland and semidesert grassland 3-60% tree cover Intermediate, moderate, high ruggedness Within 10 km of water HII < 30 WWF ecoregions Within 10km of water + 84–100 square km!

28 Specific areas outside the geographical area occupied by the species  Essential for the conservation of the species Mexico or bust! Combination of tree cover and/or ruggedness + HII Connectivity to Mexico

29 Unit 1 Unit 2 Unit 3 Unit 4 Unit 5 Unit 6 Unit 1: Baboquivari Unit Baboquivari- Coyote Subunit Southern Baboquivari Subunit Unit 2: Atascosa Unit Unit 3: Patagonia Unit Unit 4: Whetstone Unit Whetstone Subunit Whetstone- Santa Rita Subunit Whetstone- Huachuca Subunit Unit 5: Peloncillo Unit Unit 6: San Luis Unit Occupied Unoccupied

30 2013 Mar Received updated report from Jaguar Recovery Team with refined habitat modeling information 2012 Aug Published proposed rule to designate critical habitat for the jaguar 156 comments

31 NOW what makes high-quality habitat? > 1 and <= 50% tree cover (north) > 1 and <= 100% tree cover (south) Intermediate, moderate, high ruggedness Within 10 km of water HII < 20 (north) / HII < 30 (south) WWF ecoregions Elevation <= 2000 m Area >= 100 square km + New sightings in Santa Ritas! Also, filters applied!

32 Unit 1: Baboquivari Unit Baboquivari- Coyote Subunit Southern Baboquivari Subunit Unit 2: Atascosa Unit Unit 3: Patagonia Unit Unit 5: Peloncillo Unit Unit 6: San Luis Unit Occupied Unoccupied Unit 4: Whetstone Unit Whetstone Subunit Whetstone- Santa Rita Subunit Whetstone- Huachuca Subunit

33 2013 Aug Received approval of request for extension to publish final rule: New date = Dec 16, 2013, to Federal Register 2013 Sep Opened public comment period again after receiving several requests 25 comments 2013 Oct FURLOUGH 2013 Dec Received approval of request for extension to publish final rule: New date = no later than Feb 14, 2014, to Federal Register 2013 Jul Revised original proposed rule to include this new information and opened public comment period on revised proposed rule, draft Economic Analysis, and draft Environmental Assessment 33,308 comments 1 public hearing 2012 Aug Published proposed rule to designate critical habitat for the jaguar 156 comments 2013 Mar Received updated report from Jaguar Recovery Team with refined habitat modeling information

34 Unit 1 Unit 2 Unit 3 Unit 4 Unit 5 Unit 6 Published March 5, 2014 Exempted Fort Huachuca Excluded Tohono O’odham Nation Effective April 4, 2014

35 Exempted Fort Huachuca Section 4(a)(3)(B)(i) National Defense Authorization Act (2004) The Secretary shall not designate as critical habitat any lands…owned or controlled by the Department of Defense…that are subject to an integrated natural resources management plan…if the Secretary determines in writing that such plan provides a benefit to the species for which critical habitat is proposed for designation.

36 Excluded Tohono O’odham Nation Section 4(b)(2) Economic Impacts …HCPs or other management plans for the area, or…conservation partnerships that would be encouraged by designation of, or exclusion from, critical habitat…any tribal issues and…the government-to- government relationship of the United States with tribal entities…[and] any social impacts that might occur because of the designation. National Security Other Relevant Impacts

37 Only applies to Federal lands, funding, and permits With Federal nexus, protects against destruction or adverse modification through section 7 consultation Adverse effects can happen without reaching adverse modification Adverse modification can result in project changes

38 Does not affect private actions on private lands Existing developed areas that do not contain the physical and biological features within the designation would not be considered critical habitat Does not create refuges, sanctuaries, or preserves

39 “Recovery is the process by which listed species and their ecosystems are restored and their future is safeguarded to the point that protections under the ESA are no longer needed.” Interim Planning Guidance 2010 Photo credit: DHS/USFWS/UA

40  Decline is arrested  Threats are removed or reduced  Long-term survival of a species is ensured in the wild Photo credit: DHS/USFWS/UA

41 “The Secretary shall develop…plans…for the conservation and survival of endangered species and threatened species listed pursuant to this section, unless he finds that such a plan will not promote the conservation of the species.” ESA sec. 4(f)(1)

42 Photo credit: DHS/USFWS/UA “…recovery units are individually necessary to conserve genetic robustness, demographic robustness, important life history stages, or some other feature necessary for long-term sustainability of the entire listed entity.” Interim Planning Guidance 2010

43 Northwestern Recovery Unit Pan-American Recovery Unit

44  Core Areas  Areas with strongest long-term evidence of jaguar population persistence  Persistent verified records of jaguar occurrence over time and recent evidence of reproduction Northwestern Recovery Unit

45  Secondary Areas  Contain jaguar habitat with historical and/or recent records of jaguar presence with no recent record or very few records of reproduction Northwestern Recovery Unit

46  Secondary Areas  Of particular interest when they occur between core areas and serve as corridors Northwestern Recovery Unit

47  Peripheral Areas  Sporadic records and no or minimal evidence of long- term presence or reproduction indicating colonization or sustained use by jaguars Northwestern Recovery Unit

48  4 team meetings  2 Technical Subgroup  2 full team  6 co-leader meetings  Monthly co-leader conference calls  Recovery Outline for the Jaguar (2012)  Draft Jaguar Recovery Plan by spring 2015 Photo credit: DHS/USFWS/UA

49  Jaguar survey and monitoring in Arizona and New Mexico  Jaguar survey and monitoring on the Tohono O’odham Nation  Jaguar survey and monitoring protocol development  Survey of citizens’ attitudes toward jaguars in Arizona and New Mexico  Jaguar habitat mapping and on-line jaguar detection database development  Jaguar population viability analyses  Jaguar road crossing design recommendations  Rancher/landowner outreach  Citizen science/education and outreach program  Jaguar genetic analysis

50 Voluntary agreement between private or other non-Federal property owners and USFWS or NOAA Actions contribute to recovery of threatened or endangered species Property owners receive formal assurances from USFWS that:  if conditions of SHA fulfilled, USFWS will not require any additional or different management activities without consent  At end of agreement, participants may return enrolled property to baseline conditions Agreement

51 http://www.fws.gov/ southwest/es/arizona /Safe_Harbor.htm

52 http://www.fws.gov/endangered /landowners/safe-harbor- agreements.html

53 http://bit.ly/TapYhK


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