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Home My WebLink AboutThreatened & Endangered Species South Central AK 2007U.S. Fish & Wildlife Service Threatened and Endangered Species A Consultation Guide for Southcentral Alaska f April 2007 Cite as: USS. Fish and Wildlife Service. 2006. Alaska’s Threatened and Endangered Species. Unpublished report, Anchorage Fish and Wildlife Field Office, Anchorage, Alaska. June 2006. Threatened and Endangered Species A Consultation Guide for Southcentral Alaska TABLE OF CONTENTS Subject Page Endangered Species Act Basics.............0... 000.00 ccc cece ee eee cence cee eee c ee eee eee eee eee 1 List of Informative Websites ............... 6... 0c cee cece cence cerns eens eens ne ene eee naees 3 List of Endangered, Threatened and Candidate Species in Alaska......................-+ 4 Glossary of Endangered Species Act Terms................. 66.660 660 sees e sence seers eens 6 Consultation Process Flow Chart.....0......... 0.02000 e cee cee eee e ee nee eee eee eee ee eee eeees 19 The Consultation Process.................. 00.0.0 00c ccc cee cec eee cee eee cee eee cee eee ee eee eeeeeeees 20 Steller’s Eider — Threatened .......0....0.0. 00.00 ccc cece ccc cece eee eee eee ee eee ee nee ness 22 Spectacled Eider — Threatened ..............ccccccccsceesce este tese estes ee ee tesesseseseeteesnenensesesessenens 43 Short-tailed Albatross — Endangered ........0.6.000 0000 cece cece cece eee e eee teen ee neenes 53 Aleutian Shield Fern — Endangered .............0.0ccccccccceseece cee eseeceseseeessenseeeeseneeteesenseseees 56 Sea Otter —-[hreatened . 2nccccccincancua vena vvie erste veveas veteveer snes venweneetersetecnenects 58 Kittlitz’s Murrelet — Candidate ............0..6..00. 000 ccc cee cence cece eeee eee eee eee eee eee eees 60 Eskimo Curlew — Endangered, probably extinct..........0.00.00..00 000000 0e cee eee eee eeees 62 Critical Habitat — What 18 it? .......ccccccecececcceceteeeecceeeteesesseseeecsceeseesseensseeesenseteesenseeeeeeees 64 USS. Fish and Wildlife Service Field Office Range by Alaskan Village Names........ 66 ESA Consultation Guide Map (11 X 17 fold out)........0.00 0000... eee cee eee eee ees 70 US. FISH & WILDLIFE SERVICE Introduction When the Endangered Species Act (ESA) was passed in 1973, it reflected America’s concern about the decline of many wildlife species around the world. It is considered one of the most comprehensive wildlife conservation laws in the world. The purpose of the ESA is to conserve “the ecosystems upon which endangered and threatened species depend” and to conserve and recover listed species. Under the law, species may be listed as either “endangered” or “threatened”. Endangered means a species is in danger of extinction throughout all or a significant portion of its range. Threatened means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. As of June 1, 2006, 1,800 species are listed, of which 1,311 are U.S. species. The list covers mammals, birds, reptiles, amphibians, fishes, snails, clams/mussels, crustaceans, insects, arachnids, plants and lichens. Groups with the most listed species are (in order) plants, birds, fishes, mammals, clams/mussels, insects, snails, ferns and allies. The law is administered by the Interior Department’s U.S. Fish and Wildlife Service (USFWS) and the Commerce Department’s National Marine Fisheries Service (NMFS). The USFWS has trust responsibility for terrestrial and freshwater organisms, while NMFS responsibilities are mostly for marine species such as salmon, whales and most pinnipeds. Legislative History The 1973 ESA replaced earlier laws U.S. Fish & Wildlife Service ESA Basics Over 25 years of protecting endangered species enacted in 1966 and 1969, which provided for a list of endangered species but gave them little meaningful protection. The 1973 law has been reauthorized seven times and amended on several occasions, most recently in 1988. The ESA was due for reauthorization again in 1993, but legislation to reauthorize it has not yet been enacted. The Endangered Species program has continued to receive appropriations while Congress considers reauthorization, allowing conservation actions for threatened and endangered species to continue. The ESA’s Purpose When Congress passed ESA in 1978, it recognized that many of our nation’s native plants and animals were in danger of becoming extinct. They further expressed that our rich natural heritage was of “esthetic, ecological, educational, recreational, and scientific value to our Nation and its people.” The purposes of the Act are to protect these endangered and threatened species and to provide a means to conserve their ecosystems. Federal Agencies and the ESA All federal agencies are to protect species and preserve their habitats. Section 7 of the ESA says that Federal agencies must utilize their authorities to conserve listed species and make sure that their actions do not jeopardize the continued existence of listed species. The USFWS and NMFS work with other agencies to plan or modify federal projects so that they will have minimal impact on listed species and their habitat. Working with States —Section 6 The protection of species is also achieved through partnerships with the States. Section 6 of the law encourages each State to develop and Aleutian shield fern USFWS photo maintain conservation programs for resident federally-listed threatened and endangered species. Federal financial assistance and a system of incentives are available to attract State participation. Some State laws and regulations are even more restrictive in granting exceptions or permits than the current ESA. Working with non-Federal landowners, the Service provides financial and technical assistance to landowners to implement management actions on their lands to benefit listed and nonlisted species. Local Involvement The protection of federally listed species on Federal lands is the first priority of the USFWS, yet, many species occur partially, extensively or, in some cases, exclusively on private lands. Policies and incentives have been developed to protect private landowners’ interests in their lands while encouraging them to manage their lands in ways that benefit endangered species. Much of the progress in recovery of endangered species can be attributed to public support and involvement. Listing —Section 4 Species are listed on the basis of “the best scientific and commercial data available.” Listings are made solely on the basis of the species’ biological status and threats to its existence. In some instances, a species which closely resembles an endangered or threatened species is listed due to similarity of appearance. The USFWS decides all listings using sound science and peer review to ensure the accuracy of the best available data. Candidate Species —Section 4 The USFWS also maintains a list of “candidate” species. These are species for which the Service has enough information to warrant proposing them for listing as endangered or threatened, but these species have not yet been proposed for listing. The FWS works with States and private partners to carry out conservation actions for candidate species to prevent their further decline and possibly eliminate the need to list them as endangered or threatened. Recovery —Section 4 The law’s ultimate goal is to “recover” species so they no longer need protection under the ESA. The law provides for recovery plans to be developed describing the steps needed to restore a species to health. Appropriate public and private agencies and institutions and other qualified persons assist in the development and implementation of recovery plans. Involvement of the public and interested “stakeholders” in development of recovery plans is encouraged. Recovery teams may be appointed to develop and implement recovery plans. Consultation —Section 7 The law requires federal agencies to consult with the USFWS to ensure that the actions they authorize, fund, or carry out will not jeopardize listed species. In the relatively few cases where the USFWS determines the proposed action will jeopardize the species, they must issue a “biological opinion” offering “reasonable and prudent alternatives” about how the proposed action could be modified to avoid jeopardy to listed species. It is a very rare exception - less than 1/10th of 1% of the time that projects are withdrawn or terminated because of jeopardy to a listed species. Critical Habitat —Section 4 The law provides for designation of “critical habitat” for listed species when judged to be “prudent and determinable”. Critical habitat includes geographic areas “on which are found those physical or biological features essential to the conservation of the species and which may require special management considerations or protection.” Critical habitat may include areas not occupied by the species at the time of listing but that are essential to the conservation of the species. Critical habitat designations affect only federal agency actions or federally funded or permitted activities. International Species —Section 8 The ESA is the law that implements US. participation in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a 180-nation agreement designed to prevent species from becoming endangered or extinct because of international trade. The law prohibits trade in listed species except under CITES permits. Exemptions —Section 10 The law provides a process for exempting development projects from the restrictions of the ESA. This process allows completion of projects that have been determined to jeopardize the survival of a listed species, if a Cabinet-level “Endangered Species Committee” decides the benefits of the project clearly outweigh the benefits of conserving a species. Since its creation in 1978, the Committee has only been convened three times to make this decision. Habitat Conservation Plans —Section 10 This provision of the ESA is designed to relieve restrictions on private landowners who want to develop land inhabited by endangered species. Private landowners who develop and implement an approved “habitat conservation plan” providing for conservation of the species can receive an “incidental take permit” that allows their development project. to go forward. Definition of “Take” —Section 9 Section 9 of the ESA makes it unlawful for a person to “take” a listed species. The Act says “The term take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct.” The Secretary of the Interior, through regulations, defined the term “harm” in this passage as “an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.” Compliance with Other Laws The ESA is not the only law to protect species of wild mammals, birds, reptiles, amphibians and fishes, clams, snails, insects, spiders, crustaceans, and plants. There are many other laws with enforcement provisions to protect declining populations of rare species and their habitat, such as the Marine Mammal Protection Act, the Migratory Bird Treaty Act, and the Anadromous Fish Conservation Act. The Lacey Act makes it a federal crime for any person to import, export, transport, sell, receive, acquire, possess, or purchase any fish, wildlife, or plant taken, possessed transported or sold in violation of any Federal, State, foreign or Indian tribal law, treaty, or regulation. For More Information For additional information about threatened and endangered species and current recovery efforts, contact the U.S. Fish and Wildlife Service at the address below. Additional materials and the current U.S. List of Endangered and Threatened Wildlife and Plants is also available at http:// endangered.fws.gov. US. Fish & Wildlife Service Endangered Species Program 4401 N. Fairfax Drive, Room 420 Arlington, VA 22203 (703) 358-2390 http://endangered.fws.gov Revised June 2006 INFORMATIVE WEBSITES ABOUT ENDANGERED SPECIES http://endangered. fws.gov The USFWS web site on the Endangered Species Program contains a great deal of information including lists of endangered and threatened species as well as links to laws and pertinent Federal Register publications. http://endangered.fws.gov/esa.html The Endangered Species Act http://www.nmfs.noaa.gov/prot_res/laws/ESA/ESA_Home.htm] NOAA/NMEFS web site on the Endangered Species Act http://www.nmfs.noaa.gov/prot_res/overview/es.html Information on NMFS protected resources in Alaska http://alaska.fws.gov/fisheries/endangered/index.htm Updates on Alaska’s endangered, threatened, and candidate species http://www.state.ak.us/local/akpages/FISH.GAME/wildlife/geninfo/game/albatros.htm Information on the endangered short-tailed albatross http://alaska. fws.gov/fisheries/endangered/recovery.htm Link to Alaska endangered species recovery plans http://www.state.ak.us/adfg/wildlife/geninfo/game/st_eider.htm Information on the threatened Steller’s eider http://www.state.ak.us/adfg/wildlife/geninfo/game/sp_eider.htm Information on the threatened spectacled eider http://ecos.fws.gov/servlet/SpeciesProfile?spcode=SO00V Information on the endangered Aleutian shield fern http://alaska. fws.gov/media/seaotter2004/index.htm Q&A on the Aleutian population of sea otters http://www.absc.usgs.gov/research/seabird_foragefish/seabirds/flash_cards/kittlitz's_murre let.html Information on Kittlitz’s murrelet, a candidate species ENDANGERED, THREATENED, PROPOSED, CANDIDATE, AND DELISTED SPECIES IN ALASKA, April 2007 SPECIES MANAGED BY U.S. FISH AND WILDLIFE SERVICE CRITICAL HABITAT Date of DESIGNATED LEAD SPECIES AND STATUS status ON OFFICE RANGE IN ALASKA Endangered Short-tailed albatross (Phoebastria albatrus) 7/31/00 n/a Anchorage _ U.S. Territorial waters, Gulf of Alaska, Aleutian Islands, Bering Sea Coast, Japan, Russia, high seas Eskimo curlew (Numenius borealis) 3/11/67 n/a Fairbanks _No longer occurs in Alaska Aleutian shield fern (Polystichum aleuticum) _2/17/88 n/a Anchorage __ Adak Island Threatened Spectacled eider (Somateria fischeri) 5/10/93 2/6/01 Fairbanks Western and Northern Alaska (coastal) Steller's eider (Polysticta stelleri) 6/11/97 2/2/01 Fairbanks Southwestern, Western and Northern Alaska Northern sea otter (Enhydra lutris kenyoni) 8/9/05 n/a Anchorage Aleutian Islands, Alaska Peninsula, (Southwest Alaska Population) Kodiak Island Proposed Polar bear (Ursus maritimus) 12/27/06 n/a Marine On sea ice in the Chukchi and Beaufort Mammals __ Seas north and west of Alaska Mgt. Office Candidate Kittletz’s murrelet 4/4/04 n/a Anchorage Coastal waters in southern and (Brachyramphus brevirostris) northwestern Alaska Delisted Arctic peregrine falcon 10/5/94 n/a Fairbanks — Northern and Western Alaska (Falco peregrinus tundrius) American peregrine falcon 8/25/99 n/a Fairbanks Interior Alaska (Falco peregrinus anatum) Aleutian Canada goose 3/20/01 n/a Anchorage Aleutian Is., Semidi Is. (Branta canadensis leucopareia) SPECIES MANAGED BY NATIONAL MARINE FISHERIES SERVICE " FREQUENCY OF SPECIES AND STATUS OCCURRENCE RANGE IN ALASKA Endangered Steller sea lion (Eumetopias jubatus) west of 144° Regular Bering Sea, N. Pacific Blue whale (Balaenoptera musculus) Rare Bering Sea, Gulf of Alaska, N. Pacific Bowhead whale (Balaena mysticetus) Regular Chukchi Sea, Beaufort Sea Fin whale (Balaenoptera physalus) Regular Chukchi Sea, Bering Sea, Gulf of Alaska, N. Pacific Humpback whale (Megaptera novaeangliae) Regular Bering Sea, Gulf of Alaska, N. Pacific North Pacific right whale (Eubalaena japonica) Rare Bering Sea, Gulf of Alaska, N. Pacific Sperm whale (Physeter macrocephalus) Regular Bering Sea, Gulf of Alaska, N. Pacific Sei whale (Balaenoptera borealis) Rare Gulf of Alaska, N. Pacific Leatherback sea turtle (Dermochelys coriacea) Rare Gulf of Alaska Threatened Steller sea lion (Eumetopias jubatus) east of 144° Regular Bering Sea, Gulf of Alaska, N. Pacific Loggerhead sea turtle (Caretta caretta) Rare Gulf of Alaska Green sea turtle (Chelonia mydas) (incl. agassizi) Rare Gulf of Alaska Proposed None Candidate Cook Inlet beluga whale (Delphinapterus leucas) Regular Cook Inlet Delisted Gray whale (Eschrichtius robustus, Regular Chukchi Sea, Bering Sea, Gulf of Alaska, N. Pacific Under the Endangered Species Act of 1973, as amended, the National Marine Fisheries Service (NMFS) is responsible for listed anadromous and marine fishes and marine mammals other than sea otters, manatees, and dugongs. ? A number of listed trout and salmon species that spawn in the lower 48 Pacific Northwest may occur in Alaskan waters during the marine phase of their life cycle. For information on these, you may visit the NMFS Alaska Region website: http://www.nmfs.noaa.gov/prot_res/overview/es.html or call (907) 586-7221. STATUS Definitions E - Endangered: A species which is in danger of extinction throughout all or a significant portion its range. T - Threatened: A species which is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. D - Delisted: A species that has been removed from the list of threatened and endangered species. The Fish and Wildlife Service will monitor these species for a period of at least five years following delisting. C - Candidate: A species for which the Service has on file sufficient information on biological vulnerability and threat(s) to support proposals as threatened or endangered. P — Proposed: A proposal rule to list this species as either threatened or endangered has been published in the Federal Register. ADDRESSES AND PHONE NUMBERS U.S. Fish and Wildlife Service Anchorage Fish and Wildlife Field Office 605 West 4th Avenue, Room G-61 Anchorage, Alaska 99501 TEL: 907-271-2888 FAX: 907-271-2786 U.S. Fish and Wildlife Service Juneau Fish and Wildlife Field Office 3000 Vintage Blvd., Suite 201 Juneau, Alaska 99801-7100 TEL: 907-780-1160 FAX: 907-586-7099 U.S. Fish and Wildlife Service Fairbanks Fish and Wildlife Field Office 101 12th Ave. Box 19, Room 110 Fairbanks, Alaska 99701 TEL: 907-456-0203 FAX: 907-456-0208 U.S. Fish and Wildlife Service Alaska Regional Office Division of Endangered Species 1011 E. Tudor Road Anchorage, Alaska 99503-6199 TEL: 907-786-3520 FAX: 907-786-3350 National Marine Fisheries Service National Oceanic and Atmospheric Administration Anchorage Field Office 222 West 7th Avenue, Box 43 Anchorage, Alaska 99513-7577 TEL: 907-271-5006 National Marine Fisheries Service National Oceanic and Atmospheric Administration Protected Resources Division P.O. Box 21668 Juneau, AK 99802-1668 TEL: 907-586-7235 Glossary of Terms Relating to the ESA (Assembled from the Endangered Species Act, 50 CFR Part 402: Interagency Cooperation regulations; 1996 HCP Handbook; 1998 Consultation Handbook; and USFWS web page.) Act - The Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. Action - All activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas. Examples include, but are not limited to: (a) actions intended to conserve listed species or their habitat; (b) the promulgation of regulations;(c) the granting of licenses, contracts, leases, easements, rights-of- way, permits, or grants-in-aid; or (d) actions directly or indirectly causing modifications to the land, water, or air [50 CFR ' 402.02]. Action area - All areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action [50 CFR ' 402.02]. Adverse modification — See “Destruction or adverse modification of critical habitat” below. Affect/effect - To affect (a verb) is to bring about a change, e.g., "The proposed action is likely to adversely affect piping plovers nesting on the shoreline". The effect (usually a noun) is the result: "The proposed highway is likely to have the following effects on the Florida scrub jay". "Affect" appears throughout section 7 regulations and documents in the phrases "may affect" and "likely to adversely affect." "Effect" appears throughout section 7 regulations and documents in the phrases "adverse effects," "beneficial effects," "effects of the action," and "no effect." Anticipated/allowable/authorized take - In incidental take statements, the Services determine the amount or extent of incidental take "anticipated" (expected) due to the proposed action or an action modified by reasonable and prudent alternatives. Applicant - Any person (an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States) [ESA '3(12)] who requires formal approval or authorization from a Federal agency as a prerequisite to conducting the action [50 CFR ' 402.02]. Beneficial effects - Contemporaneous positive effects without any adverse effects to the species. Best available scientific and commercial data - To assure the quality of the biological, ecological, and other information used in the implementation of the Act, it is the policy of the Services to: (1) evaluate all scientific and other information used to ensure that it is reliable, credible, and represents the best scientific and commercial data available; (2) gather and impartially evaluate biological, ecological, and other information disputing official positions, decisions, and actions proposed or taken by the Services; (3) document their evaluation of comprehensive, technical information regarding the status and habitat requirements for a species throughout its range, whether it supports or does not support a position being proposed as an official agency position; (4) use primary and original sources of information as the basis for recommendations; (5) retain these sources referenced in the official document as part of the administrative record supporting an action; (6) collect, evaluate, and complete all reviews of biological, ecological, and other relevant information within the schedules established by the Act, appropriate regulations, and applicable policies; and (7) require management-level review of documents developed and drafted by Service biologists to verify and assure the quality of the science used to establish official positions, decisions, and actions taken by the Services during their implementation of the Act [59 FR 34271 (July 1, 1994)]. Biodiversity - The variety of life and its processes, including the variety of living organisms, the genetic differences among them, and the communities and ecosystems in which they occur. Biological assessment - Information prepared by, or under the direction of, a Federal agency to determine whether a proposed action is likely to: (1) adversely affect listed species or designated critical habitat; (2) jeopardize the continued existence of species that are proposed for listing; or (3) adversely modify proposed critical habitat. Biological assessments must be prepared for "major construction activities." See 50 CFR '402.02. The outcome of this biological assessment determines whether formal consultation or a conference is necessary [50 CFR '402.02, 50 CFR '402.12]. Biological opinion — A document which includes: (1) the opinion of the Fish and Wildlife Service or the National Marine Fisheries Service as to whether or not a Federal action is likely to jeopardize the continued existence of listed species, or result in the destruction or adverse modification of designated critical habitat; (2) a summary of the information on which the opinion is based; and (3) a detailed discussion of the effects of the action on listed species or designated critical habitat [50 CFR '402.02, 50 CFR '402.14(h)]. Candidate species - Plant and animal taxa considered for possible addition to the List of Endangered and Threatened Species. These are taxa for which the Fish and Wildlife Service has on file sufficient information on biological vulnerability and threat(s) to support issuance of a proposal to list, but issuance of a proposed rule is currently precluded by higher priority listing actions [61 FR 7596-7613 (February 28, 1996)]. Prior to 1996, these species were referred to as category 1 candidate species. Candidate species receive no protection under the ESA. Category 2 candidate species - A term no longer relevant to the ESA. Previously referred to species for which the Service had some indication that listing as threatened or endangered might be warranted, but there were insufficient data available to justify a proposal to list them. Category 3 candidate species - A term no longer relevant to the ESA. Previously referred to species which once were category | or 2 candidate species, but for which subsequent data indicated that listing as threatened or endangered was not appropriate. Candidate Conservation Agreement with Assurances (CCAA) - Voluntary agreements with private property owners who agree to manage their lands or waters to remove threats to candidate or proposed species, giving them assurances that their conservation efforts will not result in future regulatory obligations in addition to those in their agreements. CITES - The 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, restricting international commerce between participating nations for plant and animal species believed to be harmed by trade. Common name - The nonscientific name of an animal or plant most widely used and accepted by the scientific community. Conference - A process of early interagency cooperation involving informal or formal discussions between a Federal agency and the Services pursuant to section 7(a)(4) of the Act regarding the likely impact of an action on proposed species or proposed critical habitat. Conferences are: (1) required for proposed Federal actions likely to jeopardize proposed species, or destroy or adversely modify proposed critical habitat; (2) designed to help Federal agencies identify and resolve potential conflicts between an action and species conservation early in a project's planning; and (3) designed to develop recommendations to minimize or avoid adverse effects to proposed species or proposed critical habitat [50 CFR '402.02, 50 CFR ' 402.10]. Conservation - The terms "conserve," "conserving" and "conservation" mean to use and the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to [the] Act are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include regulated taking [ESA '3(3)]. Conservation measures - Actions that benefit or promote the recovery of listed species that are included by the Federal agency as an integral part of the proposed action. These actions will be taken by the Federal agency or applicant, and serve to minimize or compensate for, project effects on the species under review. These may include actions taken prior to the initiation of consultation, or actions which the Federal agency or applicant have committed to complete in a biological assessment or similar document. Conservation plan - Under section 10(a)(2)(A) of the ESA, a planning document that is a mandatory component of an incidental take permit application, also known as a Habitat Conservation Plan or HCP. Conservation recommendations - The Services' non-binding suggestions resulting from formal or informal consultation that: (1) identify discretionary measures a Federal agency can take to minimize or avoid the adverse effects of a proposed action on listed or proposed species, or designated or proposed critical habitat; (2) identify studies, monitoring, or research to develop new information on listed or proposed species, or designated or proposed critical habitat; and (3) include suggestions on how an action agency can assist species conservation as part of their action and in furtherance of their authorities under section 7(a)(1) of the Act [50 CFR ' 402.02]. Constituent elements - Physical and biological features of designated or proposed critical habitat essential to the conservation of the species, including, but not limited to: (1) space for individual and population growth, and for normal behavior; (2) food, water, air, light, minerals, or other nutritional or physiological requirements; (3) cover or shelter; (4) sites for breeding, reproduction, rearing of offspring, germination, or seed dispersal; and (5) habitats that are protected from disturbance or are representative of the historic geographic and ecological distributions of a species [ESA '3(5)(A)(i), 50 CFR '424.12(b)]. Covered species - Listed or unlisted species that have been adequately addressed in a habitat conservation plan, and are therefore included on the incidental take permit and are subject to "no surprises" assurances. Critical habitat - For listed species consists of: (1) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of the Act, on which are found those physical or biological features (constituent elements) (a) essential to the conservation of the species and (b) which may require special management considerations or protection; and (2) specific areas outside the geographical area occupied by the species at the time it is listed in accordance with the provisions of section 4 of the Act, upon a determination by the Secretary that such areas are essential for the conservation of the species [ESA '3 (5)(A)]. Designated critical habitats are described in 50 CFR '17 and 226. Cumulative effects (ESA) - Effects of future State or private activities not involving Federal activities that are reasonably certain to occur within the action area of the Federal action subject to consultation [50 CFR ' 402.02]. This definition applies only to section 7 analyses and should not be confused with the broader use of this term in the National Environmental Policy Act or other environmental laws. Cumulative effects (NEPA) - The incremental environmental impact or effect of the action together with impacts of past, present, and reasonably foreseeable future actions, regardless of what agency or person undertakes such other actions [40 CFR 1508.7]. Delist - To remove from the Federal list of endangered and threatened species [50 CFR 17.11 and 17.12] because such species no longer meets any of the five listing factors provided under section 4(a)(1) of the ESA and under which the species was originally listed (i.e., because the species has become extinct or is recovered). Destruction or adverse modification of critical habitat - A direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical [50 CFR ' 402.02]. Director - The Assistant Administrator for Fisheries for the National Oceanic and Atmospheric Administration; or the Fish and Wildlife Service Regional Director; or their respective authorized representative [50 CFR ' 402.02]. Discountable effects — Effects that are extremely unlikely to occur. Distinct Population Segment - "Population," or "distinct population segment," are terms with specific meaning when used for listing, delisting, and reclassification purposes to describe a discrete population of vertebrate animal that may be added or deleted from the list of endangered and threatened species (i.e. considered a “species” under the ESA). The use of the term "distinct population segment" will be consistent with the Services' population policy [61 FR 4722-4725 (February 7, 1996)]. Downlist - To reclassify an endangered species to a threatened species based on alleviation of any of the five listing factors provided under section 4(a)(1) of the ESA. Early consultation - A preliminary consultation requested by a Federal agency on behalf of a prospective permit or license applicant prior to the filing of an application for a Federal permit or license [50 CFR ' 402.11]. Ecosystem — A dynamic and interrelating complex of plant and animal communities and their associated nonliving (e.g., physical and chemical) environment. Effects of the action - The direct and indirect effects of an action on the species or critical habitat, together with the effects of other activities that are interrelated or interdependent with that action, that will be added to the environmental baseline [50 CFR ' 402.02]. These effects are considered along with the environmental baseline and the predicted cumulative effects to determine the overall effects to the species for purposes of preparing a biological opinion on the proposed action. The environmental baseline covers past and present impacts of all Federal actions within the action area. This includes the effects of existing Federal projects that have not yet come in for their section 7 consultation. Emergency (consultation) — An emergency is a situation involving acts of God, disasters, casualties, national defense or security emergencies, etc., [50 CFR '402.05], and includes response activities that must be taken to prevent imminent loss of human life or property (1998 Consultation Handbook, p. 8-1). 10 Endangered species - Any species which is in danger of extinction throughout all or a significant portion of its range [ESA '3(6)]. Endemic species - A species native and confined to a certain region; having comparatively restricted distribution. Environmental baseline - The past and present impacts of all Federal, State, or private actions and other human activities in an action area, the anticipated impacts of all proposed Federal projects in an action area that have already undergone formal or early section 7 consultation, and the impact of State or private actions that are contemporaneous with the consultation in process [50 CFR ' 402.02]. ESA - The Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. Evolutionary Significant Unit - A sub-portion of a species that is defined by substantial reproductive isolation from other conspecific units and represents an important component of the evolutionary legacy of the species. It is generally applied to certain fish population groups. Extinct species - A species no longer in existence. Extirpated species - A species no longer surviving in regions that were once part of their range. Federal action agency - Any department or agency of the United States proposing to authorize, fund, or carry out an action under existing authorities. FWS - Acronym for the U.S. Fish and Wildlife Service. Federal agency - Any department, agency, or instrumentality of the United States [ESA '3(7)]. Fish or wildlife - Any member of the animal kingdom, including without limitation any mammal, fish, bird (including any migratory, non-migratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof [ESA '3(8)]. Formal consultation - A process between the Services and a Federal agency or applicant that: (1) determines whether a proposed Federal action is likely to jeopardize the continued existence of listed species or destroy or adversely modify designated critical habitat; (2) begins with a Federal agency's written request and submittal of a complete initiation package; and (3) concludes with the issuance of a biological opinion and incidental take statement by either of the Services. If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required (except when the Services concur, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat) [50 CFR '402.02, 50 CFR ' 402.14]. 11 - Habitat - The location where a particular taxon of plant or animal lives and its surroundings (both living and nonliving) and includes the presence of a group of particular environmental conditions surrounding an organism including air, water, soil, mineral elements, moisture, temperature, and topography. Habitat Conservation Plan - Under section 10(a)(2)(A) of the Act, a planning document that is a mandatory component of an incidental take permit application, also known as a Conservation Plan. Harm/Harass - See ATake@ below. Historic range - Those geographic areas the species was known or believed to occupy in the past. Incidental take - Take of listed fish or wildlife species that results from, but is not the purpose of, carrying out an otherwise lawful activity conducted by a Federal agency or applicant [50 CFR '402.02]. Incidental take permit - A permit that exempts a permittee from the take prohibition of section 9 of the ESA issued by the FWS or NMFS pursuant to section 10(a)(1)(B) of the ESA. Indirect effects - Those effects that are caused by or will result from the proposed action and are later in time, but are still reasonably certain to occur [50 CFR ' 402.02]. Informal consultation - An optional process that includes all discussions and correspondence between the Services and a Federal agency or designated non-Federal representative, prior to formal consultation, to determine whether a proposed Federal action may affect listed species or critical habitat. This process allows the Federal agency to utilize the Services' expertise to evaluate the agency's assessment of potential effects or to suggest possible modifications to the proposed action which could avoid potentially adverse effects. If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required (except when the Services concur, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat) [50 CFR '402.02, 50 CFR ' 402.13]. Insignificant effects — Those of such minor impact to the species that they cannot be meaningfully measured, detected, or evaluated. These should never reach the scale where take occurs. Interdependent actions - Actions having no independent utility apart from the proposed action [50 CFR '402.02]. Interrelated actions - Actions that are part of a larger action and depend on the larger action for their justification [50 CFR ' 402.02]. 12 Is likely to adversely affect - The appropriate finding in a biological assessment (or conclusion during informal consultation) if any adverse effect to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions, and the effect is not: discountable, insignificant, or beneficial (see definition of "is not likely to adversely affect"). In the event the overall effect of the proposed action is beneficial to the listed species, but is also likely to cause some adverse effects, then the proposed action "is likely to adversely affect" the listed species. If incidental take is anticipated to occur as a result of the proposed action, a "likely to adversely affect" determination should be made. A "likely to adversely affect" determination requires the initiation of formal section 7 consultation. Is likely to jeopardize proposed species/adversely modify proposed critical habitat - The appropriate conclusion when the action agency or the Services identify situations where the proposed action is likely to jeopardize the proposed species or adversely modify the proposed critical habitat. If this conclusion is reached, conference is required. Is not likely to adversely affect - The appropriate conclusion when effects on listed species are expected to be discountable, insignificant, or completely beneficial. Discountable effects are those extremely unlikely to occur. Insignificant effects - relate to the size of the impact and should never reach the scale where take occurs. Beneficial effects - contemporaneous positive effects without any adverse effects to the species. 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. Jeopardize the continued existence of - To engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species [50 CFR ' 402.02]. Lead region - The Fish and Wildlife Service Region that is responsible for coordinating all actions taken to study, propose, list, conserve, and de-list a species. Lead office - The field office that has been given the responsibility for coordinating all or most actions taken to study, propose, list, conserve, and de-list a species within the boundaries of the region. If Region 7 is the lead region for a particular species, the lead office has these responsibilities over the entire range of that species. Listed species - Any species, including subspecies and distinct vertebrate populations, of fish, wildlife or plant which has been determined to be endangered or threatened under section 4 of the Act [50 CFR ' 402.02]. Listing - The formal process through which the Service adds species to the Federal List of Endangered and Threatened Wildlife and Plants. Listing priority - A number from | to 12 indicating the relative urgency for listing a species as threatened or endangered. The criteria used to assign this number reflect the magnitude and 13 immediacy of threat to the species, as well as the relative distinctiveness or isolation of their genetic material. This latter criterion is applied by giving a higher priority number to species which are the only remaining species in their genus (monotypic genus), and a lower priority number to subspecies and varieties. These listing priorities are described in detail in the Federal Register on September 21, 1983, on pages 43098-43105. Major construction activity - A construction project (or other undertaking having similar physical effects) which requires preparation of an Environmental Impact Statement — i.e. is a major Federal action significantly affecting the quality of the human environment as referred to in the National Environmental Policy Act (NEPA, 42 U.S.C. 4332(2)(C)) [50 CFR ' 402.02]. May affect - The appropriate conclusion made by a Federal action agency when a proposed action may pose any effects on listed species or designated critical habitat. When the Federal agency proposing the action determines that a "may affect" situation exists, then they must either initiate formal consultation or seek written concurrence from the Services that the action "is not likely to adversely affect" [see definition above] listed species. Minor change rule - When preparing incidental take statements, the Services must specify reasonable and prudent measures and their implementing terms and conditions to minimize the impacts of incidental take that do not alter the basic design, location, scope, duration, or timing of the action, and that involve only minor changes [50 CFR '402.14(i)(2)]. NMES - Acronym for the National Marine Fisheries Service. National Environmental Policy Act (NEPA) - Federal legislation establishing national policy that environmental impacts will be evaluated as an integral part of any major Federal action. NEPA requires the preparation of an EIS for all major Federal actions significantly affecting the quality of the human environment (42 U.S.C. 4321-4327). No effect - The appropriate conclusion when the action agency determines its proposed action will not affect a listed species or designated critical habitat. Petition (listing) - A formal request, with the support of adequate biological data, suggesting that a species, with the support of adequate biological data, be listed, reclassified, or de-listed, or that critical habitat be revised for a listed species. Plant - Any member of the plant kingdom, including seeds, roots, and other parts thereof [ESA '3(14)]. Population - "Population," or "distinct population segment," are terms with specific meaning when used for listing, delisting, and reclassification purposes to describe a discrete vertebrate stock that may be added or deleted from the list of endangered and threatened species. The term "population" will be confined to those distinct population segments officially listed, or eligible 14 for listing, consistent with section 4(a) of the Act and the Services' population policy [61 FR 4722-4725 (February 7, 1996)]. Preliminary biological opinion - The opinion issued as a result of early consultation [50 CFR '402.02]. Programmatic consultation - Consultation addressing one or more categories of agency actions, within which multiple individual actions may occur. Propose - The formal process of publishing a proposed Federal regulation in the Federal Register and establishing a comment period for public input into the decision-making process. Plants and animals must be proposed for listing as threatened or endangered species, and the resulting public comments must be analyzed, before the Service can make a final decision. Proposed critical habitat - Habitat proposed in the Federal Register to be designated as critical habitat, or habitat proposed to be added to an existing critical habitat designation, under section 4 of the Act for any listed or proposed species [50 CFR ' 402.02]. Proposed species - Any species of fish, wildlife or plant that is proposed in the Federal Register to be listed under section 4 of the Act [50 CFR '402.02]. Proposed species receive limited protection under section 7 of the ESA. Range - The geographic area a species is known or believed to occupy. Reasonable and prudent alternatives - Recommended alternative actions identified in a jeopardy biological opinion that can be implemented in a manner consistent with the intended purpose of the action, are within the scope of the Federal agency's legal authority and jurisdiction, and are economically and technologically feasible, and that the Director believes would avoid the likelihood of jeopardizing the continued existence of listed species or the destruction or adverse modification of designated critical habitat [50 CFR ' 402.02]. Reasonable and prudent measures - Actions the Director believes necessary or appropriate to minimize the impacts, i.e., amount or extent of incidental take [50 CFR '402.02]. Reauthorization - A term referring to periodic action taken by Congress to reauthorize the Endangered Species Act. By reauthorizing an act, Congress extends it and may also amend it. Reclassify - The process of changing a species' official threatened or endangered classification. Recovery - Improvement in the status of listed species to the point at which listing is no longer appropriate under the criteria set out in section 4(a)(1) of the Act [50 CFR '402.02]. 15 Recovery outline - The first Service recovery document provided for a listed species. While very brief, the document serves to direct recovery efforts pending the completion of the species' recovery plan. Recovery permit - Permits issued under Section 10(a)(1)(A) of the ESA for scientific research and other activities benefiting the recovery of Federally listed species. Recovery plan - A document drafted by the Service or other knowledgeable individual or group that serves as a guide for activities to be undertaken by Federal, State, or private entities in helping to recover and conserve endangered or threatened species. Recovery priority - A number, ranging from a high of 1C to a low of 18, whereby priorities to listed species and recovery tasks are assigned. The criteria on which the recovery priority number is based are: degree of threat; recovery potential; taxonomic distinctiveness; and presence of an actual or imminent conflict between the species and development activities. Recovery unit - Management subsets of the listed species that are created to establish recovery goals or carrying out management actions. To lessen confusion in the context of section 7 and other Endangered Species Act activities, a subset of an animal or plant species that needs to be identified for recovery management purposes will be called a "recovery unit" instead of a "population." Safe Harbor Agreements - Voluntary agreements under which a non-Federal landowner agrees to carry out specified improvements to benefit a listed species, and the Federal government authorizes the landowner to remove the improvements at a future time and to take listed species incidental to doing so. Section 4 - The section of the ESA outlining procedures and criteria for: (1) identifying and listing threatened and endangered species; (2) identifying, designating, and revising critical habitat; (3) developing and revising recovery plans; and (4) monitoring species removed from the list of threatened or endangered species [ESA '4]. Section 4(d) rule - A special regulation developed by the Service under authority of Section 4(d) modifying the normal protective regulations for a particular threatened species when it is determined that such a rule is necessary and advisable to provide for the conservation of that species. Section 6 - The section of the ESA that authorizes the Service to provide financial assistance to States through cooperative agreements supporting the conservation of endangered and threatened species. Section 7 - The section of the ESA outlining procedures for interagency cooperation to conserve Federally listed species and designated critical habitats. Section 7(a)(1) requires Federal agencies to use their authorities to further the conservation of listed species. Section 7(a)(2) requires 16 Federal agencies to consult with the Services to ensure that they are not undertaking, funding, permitting, or authorizing actions likely to jeopardize the continued existence of listed species or destroy or adversely modify designated critical habitat. Other paragraphs of this section establish the requirement to conduct conferences on proposed species; allow applicants to initiate early consultation; require FWS and NMFS to prepare biological opinions and issue incidental take statements. Section 7 also establishes procedures for seeking exemptions from the requirements of section 7(a)(2) from the Endangered Species Committee [ESA '7]. Section 7 consultation - The various section 7 processes, including both formal and informal consultation for listed species or critical habitat and conference for proposed species [50 CFR ' 402]. Section 9 - The section of the Endangered Species Act of 1973, as amended, that prohibits the taking of endangered species of fish and wildlife. Additional prohibitions include: (1) import or export of endangered species or products made from endangered species; (2) interstate or foreign commerce in listed species or their products; and (3) possession of unlawfully taken endangered species [ESA '9]. Section 10 - The section of the Endangered Species Act of 1973, as amended, that provides exceptions to section 9 prohibitions. The exceptions most relevant to section 7 consultations are takings allowed by two kinds of permits issued by the Services: (1) scientific take permits and (2) incidental take permits. The Services can issue permits to take listed species for scientific purposes, or to enhance the propagation or survival of listed species. The Services can also issue permits to take listed species incidental to otherwise legal activity [ESA ' 10]. Section 10(a)(1)(A) - That portion of section 10 of the ESA that allows for permits for the taking of threatened or endangered species for scientific purposes or for purposes of enhancement of propagation or survival. Section 10(a)(1)(B) - That portion of section 10 of the ESA that allows for permits for incidental taking of threatened or endangered species. Service(s) - The Fish and Wildlife Service or the National Marine Fisheries Service (or both). Similarity of Appearance - Any species that is treated as an endangered species or threatened species even though it is not listed pursuant to section 4 of the Act if it is found that - (A) such species so closely resembles in appearance, at the point in question, a species which has been listed pursuant to such section that enforcement personnel would have substantial difficulty in attempting to differentiate between the listed and unlisted species; (B) the effect of this substantial difficulty is an additional threat to an endangered or threatened species; and (C) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of this Act [ESA '4(e)]. 17 Species - Any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature [ESA '3(15)]. Species of Concern - An informal term that refers to those species that may be in need of concentrated conservation actions. Such conservation actions vary depending on the health of the populations and degree and types of threats. At one extreme, there may only need to be periodic monitoring of populations and threats to the species and its habitat. At the other extreme, a species may need to be listed as a Federal threatened or endangered species. Species of concern receive no legal protection and the use of the term does not imply that the species will eventually be proposed for listing as a threatened or endangered species. Survival - For determination of jeopardy/adverse modification: the species' persistence as listed or as a recovery unit, beyond the conditions leading to its endangerment, with sufficient resilience to allow for the potential recovery from endangerment. Said another way, survival is the condition in which a species continues to exist into the future while retaining the potential for recovery. This condition is characterized by a species with a sufficient population, represented by all necessary age classes, genetic heterogeneity, and number of sexually mature individuals producing viable offspring, which exists in an environment providing all requirements for completion of the species' entire life cycle, including reproduction, sustenance, and shelter. Take - To harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct. [ESA '3(19)] Harm is further defined by FWS to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering. Harass is defined by FWS as actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding or sheltering [50 CFR '17.3]. Terms and Conditions - Set out the specific methods by which the reasonable and prudent measures are to be accomplished. These must include reporting and monitoring requirements that assure adequate action agency oversight of any incidental take. Threatened species - Any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range [ESA '3(20)]. Wildlife - See "fish or wildlife." 18 61 The Threatened and Endangered Species Consultation Process for Federal Agencies Service Responds er oel Cai Con ne ORs aT aera 3 Agency Makes (Sto?) encure uaa DIS! Douek Federal Action Agency Submits es A Submitted By Poyconteel banner-Celes YES Species List Action Agency To T&E Species From Service (Within 30 days). z List is valid for 90 days Federal Action Agency + Prepares Biological Assessment (Within 180 days) Federal Action Agency Requests Formal Consultation Federal Agency supplies add’l. information Service Initiates Formal Consultation or Requests Service Establishes Additional Information Reasonable and Gg (within 30 days) Prudent Measures and Terms and Service NO Conditions Service Issues Biological Establishes Opinion Within 135 days Of Reasonable and Receipt Of ALL Requested Prudent Information Alternatives THE CONSULTATION PROCESS IN BRIEF Section 7 of the Endangered Species Act requires federal agencies to ensure that their actions do not jeopardize the continued existence of listed species. To comply with section 7, the consulting Federal agency or its designated non-federal representative must review the proposed project for potential impacts to federally protected species. Informal consultation provides an opportunity for the action agency and the Service to explore ways to modify the action to reduce or remove adverse effects to the species or critical habitat. This process typically starts with a request for listed species that may be in the action area. Based on its analysis, the Federal agency makes one of three determinations of effect for listed species: “No effect” is the appropriate conclusion if the proposed action will not affect listed species. If a “no effect” determination is made, the Federal agency is not obligated to contact the Service for concurrence, and informal consultation ends. “Is not likely to adversely affect” is the appropriate conclusion when effects to listed species are expected to be discountable, insignificant, or completely beneficial. If a “not likely to adversely affect” determination is made, the Federal agency must contact the Service for written concurrence. “Is likely to adversely affect” is the appropriate conclusion if any adverse effect (including take of an individual) to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions. If a determination of “is likely to adversely affect” is made, the Federal agency must initiate formal consultation with the Service. Formal consultation is a process in which the Service assesses the action’s potential to jeopardize the listed species, to result in the destruction or adverse modification of critical habitat, or to result in incidental take of a listed species. Formal consultation concludes when the Service issues a biological opinion. For the purposes of section 7, “action area” means all areas to be affected directly or indirectly by the proposed action, not merely the immediate area involved in the action (i.e. project footprint). Informal consultation concludes when a determination of “no effect” is made, when the Service concurs with a “not likely to adversely affect” determination, or when the action agency initiates formal consultation. For additional information consult the USFWS and NMFS Endangered Species Consultation Handbook, available on line at http://endangered. fws.gov/consultations/s7hndbk/s7hndbk.htm. 20 THE STEPWISE CONSULTATION PROCESS Federal agency (action agency) or its designated non-Federal representative proposes action (2) Federal agency requests species list from Service (3) Service responds within 30 days of receipt of request with list of proposed and listed threatened and endangered species (including proposed and designated critical habitat) that may occur in the action area (4) Action agency determines if there are potential impacts to species provided by Service (4a, 4b) a. Action agency determines “no affect”; informal consultation stops b. Action agency determines “may affect”; informal consultation continues (5) Action agency determines if the proposed action is “major construction” (Sa, 5b) a. Proposed action is not major construction; informal consultation continues (6) b. Proposed action is “major construction”; action agency prepares a biological assessment; informal consultation continues (6) Action agency makes preliminary determination regarding whether proposed action is or is not likely to adversely affect a listed species or critical habitat and requests Service concurrence in their determination (6a, 6b, 6c) a. Action agency determines “is not likely to adversely affect listed species” and Service concurs (within 30 days); informal consultation stops b. Action agency determines “is not likely to adversely affect listed species” and Service does not concur (6bi, 6bii) i. Action agency modifies project design to minimize affects; informal consultation continues () ii. Action agency submits biological assessment and requests formal consultation; Service responds (within 30 days) to either initiate formal consultation or request additional information (7) c. Action agency determines “is likely to adversely affect listed species” and Service concurs i. Action agency modifies project design to minimize affects; informal consultation continues (6) ii. Action agency submits biological assessment and requests formal consultation; Service responds (within 30 days) to either initiate formal consultation or request additional information (7) If either the action agency or the Service determines that the action is likely to adversely affect then formal consultation is required and the Service writes a biological opinion. The BO has two purposes (7a, 7b) a. To determine the proposed action’s potential to “jeopardize” the listed species or result in “destruction or adverse modification” of critical habitat (7ai, 7aii) i. “Jeopardy” or “destruction or adverse modification” would not result (7b) ii. “Jeopardy” or “destruction or adverse modification” would likely result (7aiil) 1. The Service develops Reasonable and Prudent Alternatives (7b) b. To determine if the proposed action will result in incidental take (harm, harassment) either directly or indirectly (7bi, 7bii) i. The proposed action will not result in incidental take (8) ii. The proposed action will result in incidental take (7biil) 1. An incidental Take Statement is included in the BO, including mandatory Reasonable and Prudent Measures and their associated Terms and Conditions, which are designed to reduce the amount and/or extent of incidental take of the proposed action. (8) Formal consultation concludes with issuance of the BO (135 day process; 90 days to evaluate and negotiate; 45 days to write). In the case of “jeopardy” and “destruction or adverse modification” BOs, the action agency may apply for an exemption. See 50 CFR Part 451 for procedures. 21 Status The Alaska breeding population was listed as threatened (62 FR 31748) in 1997. Description Steller’s eiders are the smallest of the four eider species, averaging 43-47 centimeters long (17-18.5 inches). In the winter, spring, and early summer, adult males are in breeding plumage with a black back, white shoulders, chestnut breast and belly, a white head with a greenish tuft, and small black eye patches. During the late summer and fall, males are entirely mottled dark brown. Females and juveniles are mottled dark brown year-round. Adults of both sexes have a blue patch with a white border on the upper wing, similar to mallards. Range and Population Level Three breeding populations of Steller’s eiders are recognized, two in Arctic Russia and one in Alaska. The Russian Atlantic population breeds in western Russia and winters in the north Atlantic Ocean while the Russian Pacific population breeds in eastern Russia and winters in the southern Bering Sea, including southwest and south-central Alaska. Neither Russia-breeding population is listed as endangered or threatened; only Steller’s eiders that nest in Alaska are considered threatened under the Endangered Species Act. The Alaska-breeding population historically nested in western and northern Alaska. In western Alaska, once they were locally common in portions of the Yukon-Kuskokwim Delta and were recorded nesting on Saint Lawrence Island, the Seward Peninsula, the Alaska Peninsula, and Aleutian Islands. Today, however, they are extremely scarce on the Yukon-Kuskokwim Delta and have not been found breeding elsewhere in RS Tee CL ese aa) Threatened and Endangered Species Steller's Eider (Polysticta stelleri) Michele M. Johnson/USFWS Named after Georg Steller, who first described the species to western science, Steller’s eiders are the smallest of the four eider species. An adult female is on the left, and an adult male on the right. western Alaska for several decades. The species’ current breeding range in Alaska is primarily confined to the Arctic Coastal Plain between Wainwright and Prudhoe Bay, with a notable concentration near Barrow. Here, at the core of their North American range, they breed only once every few years. After nesting, Alaska’s Steller’s eiders move into the nearshore marine waters of southwest and south-central Alaska where they mix with the much more numerous Russian Pacific population. Adults undergo a flightless molt in autumn; most molt in the Kuskokwim shoals and lagoons on the north side of the Alaska Peninsula, most notably Izembek and Nelson lagoons. Although some remain in molting areas throughout winter, others disperse into the coastal waters of the eastern Aleutian Islands, south side of the Alaska Peninsula, Kodiak Archipelago, and southern Cook Inlet. During spring migration, Steller’s eiders concentrate in Kuskokwim and Bristol bays to await the retreat of sea ice and opening of overwater migratory routes. Population sizes are only imprecisely known. The Russian Atlantic population is believed to contain 30,000 to 50,000 individuals, and the Russian Pacific population likely numbers 50,000 to 100,000. The threatened Alaska-breeding population is thought to include hundreds or low thousands on the Arctic Coastal Plain, and possibly dozens on the Yukon-Kuskokwim Delta. Steller’s eiders do not breed on the North Slope every year. Habitat and Habits Steller’s eiders are diving ducks that spend most of the year in shallow, near-shore marine waters. Molting and wintering flocks congregate on exposed shoals, in protected lagoons and bays, as well as along rocky headlands and islets. They feed by diving and dabbling for molluses and crustaceans in shallow water. In 22 STELLER’S EIDER Polysticta stelleri IN ALASKA AND RUSSIA CURRENT BREEDING RANGE MOLTING AND WINTERING RANGE summer, they nest in tundra adjacent to small ponds or within drained lake basins. During the breeding season they frequent tundra ponds, lakes and wetlands. Reasons for Current Status Causes of the decline are unknown but several potential threats have been identified. Lead poisoning, caused by ingesting spent lead shot, may have affected Steller’s eiders on the Yukon-Kuskokwim Delta. Predation by ravens, large gulls, and foxes on the breeding grounds may be increasing in areas where populations of these predators are enhanced by food and shelter provided by human activities. Marine shipping and commercial fishing create risk of oil spills and disturbance of feeding flocks in marine waters. Other possible threats include disease, marine contaminants, and changes in the Bering Sea and North Pacific ecosystem that may affect food availability. Management and Protection Subsistence and sport hunting of Steller’s eiders is prohibited under the Migratory Bird Treaty Act. In Russia, hunting of Steller’s eiders has been closed since 1981, but subsistence harvest occurs in Siberia at an unknown level. Sport hunting of Steller’s eiders in Alaska has been closed since 1991 but some illegal sport and subsistence harvest still occurs. Non-toxic shot must be used for all waterfowl hunting. Use of lead shot for waterfowl hunting has been prohibited throughout the United States since 1991. All federal agencies must consult with the U.S. Fish & Wildlife Service on any project they authorize, fund, or carry out that may affect Steller’s eiders or other listed species (16 USC 1531). To protect Steller’s eiders and their breeding, molting, and wintering habitat, the U.S. Fish & Wildlife Service recommends the guidelines below for projects and activities within the range of Steller’s eiders. Adherence to these guidelines will help avoid the illegal take of Steller’s eiders, and reduce the potential for adverse effects to the species. For projects within the breeding range of Steller’s eiders: e Assess whether Steller’s eiders are likely to use the project area for nesting or brood-rearing. Contact the U.S. Fish & Wildlife Service, ecological Services Fairbanks Field Office for assistance. For projects conducted during the breeding season, a Service-approved survey for Steller’s eiders should be conducted in the year of construction, prior to initiation of construction. Distribution of Steller’s eiders in Alaska and Russia. For more information on this and other threatened and endangered species, contact the U.S. Fish & Wildlife Service, Ecological Services Field Office near you. Contact information is on page 5 of this publication. ¢ Determine if Steller’s eider nests are in the project area. If present, the following activities require special permits within 200 meters (656 feet) of nest sites: (1) Vehicle and foot traffic from May 20 through August 1, except on existing roads; (2) Construction of permanent facilities, placement of fill, or alteration of habitat; (3) Introduction of high noise levels from May 20 through August 1. Eiders are present on breeding grounds from mid-May through mid- September, but activities any time of year may affect them through habitat modification. For guidelines and recommendations for projects in coastal marine waters around the Alaska Peninsula, the Aleutian Islands, Kodiak Island, the western Alaska coastline, lower Cook Inlet, and Nunivak Island, contact the U.S. Fish & Wildlife Service’s Anchorage Field Office. For North Slope projects and northwestern coastal Alaska, contact the U.S. Fish & Wildlife Service’s Fairbanks Field Office. U.S. Fish & Wildlife Service 1 800/344 WILD http://www.fws.gov June 2006 23 VG mae Overview Steller's Eider Critical Habitat: aK 2 i(PRe: : Yukon-Kuskokwim_— at es Delta Nesting Unit Eee } bar OK «20; Fae me Ke A Kuskokwim Shoals Unit oS Y , gee ee O I ie Seal Islands Unité" /z es 2a pe % A Nelson Lagoon Unit be Qa Ke i 4 ‘ey : a a Izembek a Unit - gore 2 ae Gr anscass Pee. Kee e £®.- é ae . Pe Se 3 PTS T8 Ts =r 7 TS 1 > 7 13 io | '' Oe Pn st Nesting 18 iy 9 0 “ 2 te e } 9 7 6 fh " 2 Steller's Eider Critical Habitat: 22 By 23 AME nn 25 18 By w bg oF Yukon-Kuskokwim Delta Unit 7 14 | 8 / Is 13 SS aa — Steller's Eider Critical Habitat: M 42 ie s 37 le 42 zy 41 (39 37 35 37 { Nelson Lagoon Unit i 31 26 82 Known Steller's Eider Winter and Molting Distribution - Reference Map a a ee S Mekoryuk zp S Homer Kipnuk Ninilchik 14 x sl ow 7 12 x Goodnews Bay ~ o a = : WF : u eo .. . sie Port Heiden fe 7 a Nelson Lagoon ESE gy a 6 Cold Bay F— Chignik Alice as oA Sand Point as y 5 IBS “i, 4] e- 6 & King Cove 4 False Pass 0 60 120 240 360 480 6Z | Known Steller's Eider Winter and Molting Distribution - Area 1 a7 oe | Known Steller's Eider Winter and Molting Distribution - Area 2 | an ee a \ 62 762 592 604 “4 AG NGS om fot > 335.218 J ; S78 Saag S Wi Qui 7 O oe ne Maximum number observed yy Re cS \ 62 oe g =" “ey35 40 <. 67 \ 72 OS) oe fo. ES 79 6189 Bee te 38 45 °° SQ an) 9g. ee — alae a Te 23 “© Glazenad? 1 A iZ6na £ 20 he 19 18 area 1001 or more 126-1000 Maximum number 64 15 1 : 14 EF ys ie ie _ J 14 imak Bight “eS 7, r a i : observed a 3633 yg 56 i, mr 39 37 Br cas AO Chart 165.20 ce So Te TBM an vr ‘Umca 7 a 2 ay ee 7 4iv Bp = 4 4 wy i 3 ; Known Steller's Eider Winter and Molting Distribution - Area 4 TPO 8 } 7 aM 74) 0 45 +5 ary 16547) 80 31 Maximum number observed ce Ye IN PRE -~| Sand Point (J? Maximum number observed 7E Known Steller's Eider Winter and Molting Distribution - Area 6 xaiene Lagoon | > 1 q § 25 \\ owe SS Maximum number observed SE | Known Steller's Eider Winter and Molting Distribution - Area 7 te ; : BE 1001 or more 126-1000 Maximum number observed 9€ Known Steller's Eider Winter and Molting Distribution - Area 8 Steller's Eider Group Size 1-125 1001 or more © 126-1000 1 Maximum number observed April 18, 2007 Ske m 25 | Known Steller's Eider Winter and Molting Distribution - Area 9 - 7 7 , <r" PARABOLIC ANTENNA @)* 1600 <> Sitkinak Dome 1-125 SITKI NAK t 1001 or more 126-1000 Maximum number observed April 18, 2007 75 ae, 48 8¢ Known Steller's Eider Winter and Molting Distributio i z 3 I~} > . Sharatin Mt A ef 16 #2630 PEG 20/63 \ Ve D <P GDieester ne a ¢ } AY i Sx RESERVAT! Reece LB iy as Get 966? i BEE HIS y y % "4umpkack Rk f 584 | Chapter 2, US. V Chapter 2 are tion concerning fice of the Com- sigConter Mt u, Alaska or at the 3366 jineers in Anchor- rouiitit Ss. EE (rep 1984) 27 n - Area 10 27 Soak 30 \ 7 \ 5 \ 59 79 az Th | 6 } 7 53 86 / a7 86 M 67 29 8 Ea 69 52 47 58 45 tk— — > ae 42 4? 1-125 1001 or more 126-1000 Maximum number observed April 18, 2007 Yo / 16 7 Km 33 . 3S 6€ Known Steller's Eider Winter and Molting Distribution - Area 11 Steller's Eider Group Size E 1-125 1001 or more 126-1000 1 Maximum number observed April 18, 2007 ie | = 8 o } | < I ; = | © Ss | = 2 is. } — | DO | 2 eo my & om = = sS 1, < | 3 ke o | = 5 te | oO i) om ea Dn ' Known Steller Steller's Eider Group Size -125 001 or more Maximum number observed pf April 18, 2007 40 TY MVE Very Maximum number observed 0 3.757.5 cv | Known Steller's Eider Winter and Molting Dist s : My 1. Ose = } RN yh 1001 or more 126-1000 Maximum number observed April 18, 2007 Status Listed as threatened throughout its range in 1993 (58 FR 27474). Description Spectacled eiders are large sea ducks, 52-56 centimeters long (20-22 inches). In the winter and spring, adult males are in breeding plumage with a black chest, white back, and pale green head with a long sloping forehead and white spectacle-like patches around the eyes. During the late summer and fall, males are entirely mottled brown. Females and juveniles are mottled brown year -round with pale brown eye patches. Range and Population Level Historically, spectacled eiders nested along much of the coast of Alaska, from the Nushagak Peninsula in the southwest, north to Barrow, and east nearly to the Canadian border. They also nested along much of the arctic coast of Russia. Today, three primary nesting grounds remain; the central coast of the Yukon-Kuskokwim Delta, the arctic coastal plain of Alaska, and the arctic coastal plain of Russia. A few pairs may nest on St. Lawrence Island as well. Their fall and winter distribution was virtually unknown until satellite telemetry led to the discovery of spectacled eiders’ molting and wintering grounds at sea in 1995. Important late summer and fall molting areas have been identified in eastern Norton Sound and Ledyard Bay in Alaska, and in Mechigmenskiy Bay and an area offshore between the Kolyma and Indigirka River Deltas in Russia. Wintering flocks of spectacled eiders have been observed in the Bering Sea between St. Lawrence and St. Matthew islands. Between the 1970’s and the 1990's, the breeding population on the Yukon- Kuskokwim Delta declined by over 96%, and only about 4,000 pairs nest there today. At least 40,000 pairs nest in arctic Russia. Historical data for other nesting areas are scarce. Scientists don’t know if populations ever declined in northern Alaska or Russia, where about 3,000-4,000 pairs currently nest. Winter surveys in the Bering Sea, which include non- breeding birds, indicate a worldwide population of about 360,000 spectacled eiders. Habitat and Habits Spectacled eiders are diving ducks that spend most of the year in marine waters, where they feed primarily on bottom-dwelling molluses and crustaceans. Around the time of spring break-up breeding pairs move to nesting areas on wet coastal tundra. They establish nests near shallow ponds or lakes, usually within 3 meters (10 ft) of water. During this season they feed by diving and dabbling in ponds and wetlands, eating aquatic insects, crustaceans, and vegetation. Soon after eggs are laid males leave the nesting grounds for offshore molting areas, usually by the end of U.S. Fish & Wildlife Service Threatened and Endangered Species Spectacled Eider (Somateria fischeri) As their name suggests, male spectacled eiders in breeding plumage have distinctive patches around the eye which resemble eyeglasses, or spectacles. Female spectacled eiders, like the bird on the left, are mottled brown with faint eye patches. Reprinted with permission from an original painting by Joseph Hautman. June. Females whose nests fail leave the nesting area to molt at sea by mid- August. Breeding females and their young remain on the nesting grounds until early September. Molting flocks gather in relatively shallow coastal water usually less than 36 m (120 ft) deep. While moving between nesting and molting areas spectacled eiders travel along the coast up to 50 km (31 mi) offshore. During the winter months of October through March, they move far offshore to waters up to 65 m (213 ft) deep, sometimes gathering in dense flocks in openings of nearly continuous sea ice. Reasons for Current Status Causes of the decline of spectacled eiders are not well understood. Lead poisoning caused by consumption of spent lead shot has been documented in this species on the Yukon- Kuskokwim Delta and is a known threat. Predation by foxes, large gulls, and ravens on the breeding grounds may be increasing in areas where populations of these predators are enhanced by the year-round 43 SPECTACLED EIDER Somateria fischeri HISTORICAL BREEDING RANGE | [9] curRENT BREEDING RANGE es MOLTING AREAS (JULY - OCTOBER) | WINTERING AREA (OCTOBER - MARCH) ~~» + a Cee Distribution of spectacled eiders in Alaska and Russia. food and shelter provided by human activities. Complex changes in fish and invertebrate populations in the Bering Sea may be affecting food availability for spectacled eiders during the 8 to 10 month non-breeding season. Spectacled eiders may also be affected by other shifts in the Bering Sea ecosystem, by commercial fisheries, and by environmental contaminants at sea. Management and Protection To protect spectacled eiders and their breeding, molting, and wintering habitat, the U.S. Fish & Wildlife Service recommends the guidelines below for projects and activities within the range of spectacled eiders. Adherence to these guidelines will help avoid the illegal take of spectacled eiders, and reduce the potential for adverse effects to the species. Consultation with the U.S. Fish & Wildlife Service is required for all federal actions that may affect this species. Under federal law, all federal agencies must consult with the U.S. Fish & Wildlife Service on any project they authorize, fund, or carry out that may affect this or other listed species. For projects within the breeding range of spectacled eiders: e Assess whether spectacled eiders are likely to use the project area for nesting or brood-rearing. They are present on breeding grounds from mid-May through mid-September, but activities any time of the year may affect them through habitat modification. For projects conducted during the breeding season, a Service-approved survey for spectacled eiders should be conducted in the year of construction, prior to initiation of activities. Contact the US. Fish & Wildlife Service for assistance. e If spectacled eider nests are in the project area, the following activities require special permits within 200 meters (656 feet) of nest sites: (1)Vehicle and foot traffic from May 2 through August 1, except on existing roads; (2) Construction of permanent facilities, placement of fill, or alteration of habitat; and (8) Introduction of high noise levels from May 20 through August 1, including but not limited to noise from airports, blasting, and compressor stations. ¢ For guidelines and recommendations for projects in coastal marine waters around the Alaska Peninsula, the Aleutian Islands, Kodiak Island, the western Alaska coastline, Lower Cooklet, and Nunivak Island, contact the U.S. Fish & Wildlife Service’s Fairbanks Field Office. Hunting of eiders is regulated under the Migratory Bird Treaty Act. Sport and subsistence hunting of spectacled eiders has been closed since 1991. However, reported subsistence harvest on the Yukon- Kuskokwim Delta has averaged 272 spectacled siders per year over ten years. Non-toxic shot must be used for all waterfowl hunting. Use of lead shot for waterfowl hunting has been prohibited throughout the United States since 1991. For more information on this and other threatened and endangered species, contact the U.S. Fish & Wildlife Service, Ecological Services Field Office near you. Contact information is on page 5 of this publication. U.S. Fish & Wildlife Service 1 800/344 WILD http://www.fws.gov June 2006 44 U.S. Fish & Wildlife Service Division of Environmental Contaminants Environmental Contaminants Survey of Spectacled Eiders from St Lawrence Island, Alaska Purpose of Study Exposure of spectacled eiders to environmental contaminants may be contributing to the decline of this species. Therefore, the U.S. Fish and Wildlife Service in coordination with the people of Gambell, Alaska conducted a contaminants survey of male spectacled eiders. Birds migrating from their wintering grounds in the Bering Sea to their nesting areas in Alaska and arctic Russia were the subject of the survey. Why Are We Concerned About Contaminants in Spectacled Eiders? 1. Past studies have found higher than expected levels of trace elements and metals in several spectacled eiders found dead on their nesting grounds in the Yukon- Kuskokwim Delta. Many of these birds died of lead poisoning from eating spent shot left in wetland soils. 2. Higher than expected levels of some of these elements have also been found in other Alaskan waterfowl, such as white-winged scoters and emperor geese. 3. Water birds in arctic latitudes may be exposed to global contamination from the releases of radioactive compounds (for example, from the explosion of the nuclear power plant at Chernobyl, Russia). 4. Finally, atmospheric and marine transport may be exposing spectacled eiders to industrial and agricultural chemicals while they are at sea. Partnership With a Remote Alaskan Community The Service appreciates the assistance of the IRA Traditional Council, the Sivuqaq Corporation, and local guides and boat captains from the village of Gambell, Alaska. The guides and boat captains worked with Service biologists to collect tissues from 20 migrating male spectacled eiders. What Did We Measure? Tissues were analyzed for presence and amount of: 19 trace elements and metals (such as lead and cadmium); 22 chlorinated organic and pesticide compounds (such as PCBs and DDT); and Radioactive cesium.Additionally, tissues were examined for effects of contaminants. Gambell PE lelals } Male spectacled eiders wintering in the Bering Sea were examined for the presence and effects of contaminants. Photo by Greg Balogh, USFWS Results: Chemical Analysis Only a few samples had measurable amounts of chlorinated organic compounds. Two birds had low concentrations of a DDT metabolite. We were unable to detect PCBs in any of the eiders. Copper, cadmium and selenium concentrations were higher than normal in spectacled eider tissues when compared to other marine birds. Radioactive cesium in breast muscle was not detected in any of the eiders. Study site: spectacled eiders winter in the Bering Sea near St Lawrence Island. This study would not have been possible without the assistance of Gambell residents. 45 Results: Contaminant Effects Microscopic examination of livers, kidneys and testes did not reveal any tissue damaged by contaminant exposure. A minor parasitic infection caused inflammation in the livers and kidneys of a few birds. Metallothionein (MT) is a protein that helps protect animals from toxic effects of exposure to heavy metals, such as cadmium. MT concentrations in spectacled eiders were lower than we expected. Discussion Although high concentrations of organic chemicals, such as PCBs, have been reported in other high-latitude animals, chlorinated organic compounds were barely measurable in spectacled eiders. However, high concentrations of some metals, including copper, cadmium and selenium, were found. Chronic exposure of wild birds to copper has not been well- studied. However, spectacled eiders in this study had higher concentrations than Barrow’s goldeneyes from southeast Alaska or snow geese that winter in Pacific waters. Spectacled eiders had high concentrations of cadmium, so we expected their concentrations of MT to be high as well. However, their MT concentrations were lower than we expected, and were much lower than in other marine birds that have been exposed to high levels of cadmium. This could be affecting their ability to fight the toxic effects of certain metals that MT helps to eliminate. Selenium concentrations in spectacled eiders were some of the highest yet found in marine birds. Although selenium poisoning can cause reproductive failure and death in other water birds, this has not been investigated in spectacled eiders. Other metals of concern, such as lead and mercury, were not found to be unusually high in spectacled eiders in this study. Conclusion Male spectacled eiders migrating through the St. Lawrence Island area were apparently in good condition. However, high concentrations of metals and subtle biochemical changes may have long-term consequences not measured in this study. People of the St Lawrence Island village of Gambell provided snowmobile, boat, and guiding assistance. Photo by Kim Trust, USFWS The complete investigation is published under the following citation: Trust K.A., Rummel K.T., Schuehammer A.M., Brisbin Jr. I.L., Hooper M.J. 2000. Contaminant Exposure and Biomarker Responses in Spectacled Eiders (Somateria fischeri) from St. Lawrence Island, Alaska. Archives of Environmental Contamination and Toxicology 38:107-113. Visit the Division of Environmental Contaminants Home Page at Http://www. contaminants.fws.gov For more information about the Division of Environmental Contaminants Program in Southcentral Alaska, please contact Ecological Services, Anchorage Field Office at 907/271 2888 U.S. Fish & Wildlife Service 1 800/344 WILD http://www.fws.gov June 2006 46 Status Spectacled eiders (Somateria fischeri) were isted as threatened in 1993 under the U.S. Endangered Species Act (Federal Register, May 10, 1993). The eider was listed because the breeding population on the Yukon-Kuskokwim Delta, Alaska, declined 96% between the 1970’s and the early 1990’s. Since spectacled eiders spend most of their lives at sea, minimizing harm in marine habitats is crucial to the species survival and recovery. At-Sea Distribution and Ecology Until recently, little was known about the habits of spectacled eiders outside their summer breeding areas. Researchers used satellite telemetry and aerial surveys to find the birds at sea, from coastal fall molting areas to offshore wintering areas in the central Bering Sea. In the late summer and fall after breeding in Alaska and arctic Russia, flocks of spectacled eiders gather in coastal waters to molt. During molt, the birds become flightless as their old, worn feathers are replaced with new ones. U.S. Fish & Wildlife Service Threatened and Endangered Species Protecting Spectacled Eiders at Sea Four principle molting areas have been identified. Two molting areas on the coast of Alaska are eastern Norton Sound and Ledyard Bay, between Cape Lisburne and Point Lay. On the coast of Russia, eiders molt in Mechigmenskiy Bay on the Chukotka Peninsula and an area between the Indigirka and Kolyma river deltas. Eastern Norton Sound is believed to be the primary molting area for Distribution of spectacled eiders. Molting areas (green) are used July through October. Wintering areas (yellow) are used October through April. The full extent of molting and wintering areas is not yet known, and may extend beyond the boundaries shown. Wintering flocks of spectacled eiders, such as this flock of over 80,000 birds, gather in the pack ice southwest H of St. Lawrence Island. | USFWS photo by Bill Larned. females nesting on the Yukon- Kuskokwim Delta in Alaska, while females nesting in northern Alaska migrate to either Ledyard Bay or Mechigmenskiy Bay to molt. Males from all three breeding areas have been found molting in Ledyard Bay, Mechigmenskiy Bay, and in the area between the Indigirka and Kolyma river deltas. Males reach molting areas first, beginning in late June, and may remain through mid-October. Females that did not breed or whose breeding efforts failed begin arriving in late July. Successfully breeding females reach molting areas in late August or September, and may remain through October. Consequently, flightless eiders are present in molting areas from July to October. By late October, spectacled eiders follow coastal and offshore migration corridors through the Bering and Chukchi seas to offshore wintering areas. The primary wintering area is in the central Bering Sea south and southwest of St. Lawrence Island. Additional wintering areas have not yet been identified. 47 In early winter, spectacled eiders have been seen within 50 kilometers of St. Lawrence Island, moving farther offshore as winter progresses. Their late winter location appears to move with annual ice coverage as the birds search for open water. When ice cover is extensive, dense flocks of many thousands of eiders gather in small ice-free openings. While at sea, spectacled eiders appear to be primarily bottom feeders, eating molluses and crustaceans at depths of up to 70 meters in the wintering area. As spring approaches, food abundance is especially important as females accumulate nutrient reserves needed for egg-laying and incubation. In March and April, spectacled eiders depart wintering areas. Breeding adults migrate to coastal nesting areas, arriving by mid-May or early June. Males remain on shore for just a few weeks, returning to sea by the end of June after eggs have been laid. Protecting Spectacled Eiders At Sea A voluntary “No Traverse Zone” has been established in Norton Sound to help protect molting spectacled eiders. From August 1 through October 31, vessels are advised to avoid this area (see website: http://alaska.fws. gov/fisheries/endangered/images/ nortonmap_uscg.jpg). In addition, the following measures are suggested to avoid harm to eiders in their molting and wintering areas: ¢ Comply with the Endangered Species Act, section 7 regulations; consult with the U.S. Fish & Wildlife Service prior to permitting, funding, participating in, or conducting any activities at sea that may affect spectacled eiders. Prevent oil spills. Even a small amount of oil destroys the insulating properties of feathers and can weaken or kill an eider. ¢ Limit fuel transfers, and when possible, use absorbent booms when transferring fuel to shore-based facilities. Store adequate oil and fuel clean- up equipment on-site at fuel transfer locations. ¢ Do not discharge oily bilge water; use oil water separaters. Avoid disturbing or harvesting benthic communities in eider molting and wintering areas during any time of year. Vessels are requested to remain outside the “no traverse zone” from 1 August through 31 October to avoid disturbing large flocks of spectacled eiders. The most imperiled population (the Yukon-Kuskokwim Delta breeding population) molts exclusively in eastern Norton Sound. For more information on this and other threatened and endangered species, contact the U.S. Fish & Wildlife Service, Ecological Services Field Office near you. Contact information is on page 5 of this publication. U.S. Fish & Wildlife Service 1 800/344 WILD http://www.fws.gov June 2006 48 67 Spectacled Eider Critical Habitat: Overview St. Matthew St. Lawrence Unit \ Yukon-Kuskokwim Delta Unit Ledyard Bay Unit i Cy ke a7 £(2RG bs ¢ _ Sse a DY x Is pr Eastern Norton Sound Unit Area of Interest 100 200 300, cled Ei Specta iat B 18 ee me rt ee: ’ ‘3 Central Yukon-Kuskokwim es ’ | Delta Unit 26 & 24) 19 if SS es 2 20 1§ 23 ! 18 20/ 19 25 Lae 2 18 4 at 6 16 = H 4 4 Sls 20 & igi ieama he aie rl a ie 24 4 2 2 24 | 29 iy 20 Bete Nar! 24 4 or peer al * [4 ™ © 1, | South Yukon-Kuskokwim # 2 as Delta Unit is ! 2 exe] s21 te Re sin | 6 - ; ff 1 1) " " 5 ' TS - = —— 7 T To a Sa % tg 7 s See ANADYRE, i ae ew oR ey 2g rns ar oo xf 78 pbeeece Eider Critical Habitat Molting ang Winte ring \ St. Matthew St. Lawrence Unit |, cs Status The short-tailed albatross was listed under the Endangered Species Act as Endangered throughout its range in 2000 (65 FR 46643). Description With a wingspan of over 2 meters (over 7 feet), the short-tailed albatross is the largest seabird in the North Pacific. Its long, narrow wings are adapted to soaring low over the ocean. It is best distinguished from other albatrosses by its large, bubblegum-pink bill. Young birds also have the large pink bill, but their feathers are dark chocolate brown. Birds become progressively whiter with age. Adults have an entirely white back, white or light gold head and back of neck, and black and white wings. Range and Population Level Historically, millions of short-tailed albatrosses bred in the western North Pacific on several islands south of the main islands of Japan. Only two breeding colonies remain active today: the largest, on Torishima Island, is home to 80-90% of the world’s population. The remainder breed on Minami-kojima Island, northwest of Taiwan. In addition, a single nest was recently found on Yomejima Island of the Ogasawara Island group in Japan. Single nests also occasionally occur on Midway Island, HI. Short-tailed albatrosses forage widely across the temperate and subarctic North Pacific, and can be seen in the Gulf of Alaska, along the Aleutian Islands, and in the Bering Sea. The world population is currently estimated to be over 2000 birds and is increasing. Habitat and Habits Like many seabirds, short-tailed albatrosses are slow to reproduce and are long-lived, with some known U.S. Fish & Wildlife Service Threatened and Endangered Species Short-tailed Albatross (Phoebastria albatrus) Hiroshi Hasegawa to be over 40 years old. They begin breeding at about 7 or 8 years, and often mate for life. They nest on grassy terraces on rugged, isolated, windswept islands. Pairs lay a single egg each year in October or November. Eggs hatch in late December through early January. Chicks remain near the nest for about 5 months, fledging in June. After breeding, short-tailed albatrosses move to feeding areas in the North Pacific, often stopping The largest of the three North Pacific albatross species, short-tailed albatrosses are best distinguished by their large, bubblegum-pink bill with bluish tip. Adults, like the one shown here, are black and white with a light gold head. Although younger birds can be much darker, they still have the large pink bill. in the sea of Japan along the way. When feeding, albatrosses alight on the ocean surface and seize their prey with their bill. They eat squid, fish, and shrimp. They also attempt to steal bait from longline hooks and may feed on floating dead sea creatures. Reasons for Current Status Short-tailed albatrosses have survived multiple threats to their existence. During the late 1800s and early 1900s, feather hunters clubbed to death an estimated five million of them, stopping only when the species was nearly extinct. In the 1930s, nesting habitat on the only active nesting island in Japan was damaged by volcanic eruptions. By the 1940s there were fewer than 50 birds. Loss of nesting habitat to voleanic eruptions, severe storms, and competition with black-footed albatrosses for nesting habitat continue to be natural threats to short-tailed albatrosses today. Human-induced threats include hooking and drowning on commercial longline gear, collision with vessel rigging, entanglement in derelict fishing gear, ingestion of plastic debris, and contamination from oil spills. Management and Protection The U.S. Fish & Wildlife Service is working with the commercial fishing 53 Short-tailed albatross distribution and sightings. The birds can be in any part of their range during any months in which open water is present. Map courtesy of USGS Biological Resource Division, Alaska. industry to minimize take of this endangered seabird. To that end, the Service supplies free paired tori line (streamer line) kits to any Alaskan commercial longline vessel owner/ operator who requests one. In addition, the Service works cooperatively with the National Marine Fisheries Service and the University of Washington Sea Grant program on ways to minimize the impacts to seabirds by commercial fisheries. To reduce the incidental take of seabirds by the fishing industry, including the short-tailed albatross, the National Marine Fisheries Service requires the Alaska longline fisheries to employ bird avoidance techniques such as using buoy or streamer lines with performance standards specified in regulations (50CFR679). Fishermen are strongly encouraged to develop new, innovative techniques to avoid catching birds. The government of Japan provides legal protection to the short-tailed albatross as a Special National Monument and a Special Bird of Protection. The main nesting island, Torishima, is protected as a National Monument. Japan has improved the nesting habitat of the main colony on Torishima Island by planting grass at the colony site to stabilize soils and provide cover. Efforts to establish a second nesting colony on Torishima Island continue. Minami- Kojima Island, where 10-20% of the birds breed, is currently claimed by both Japan and China. This dispute in ownership prevents scientists from aiding in the recovery of the birds that nest there. The Convention on International Trade in Endangered Species (CITES) prohibits commercial import or export of the short-tailed albatross or the trade of its parts across international borders. Other Federal agencies permitting, authorizing, funding or conducting actions that may affect the albatross must consult with the U.S. Fish & Wildlife Service prior to implementing their actions. You can help in documenting the habits of this species. Please report any sightings of short-tailed albatrosses to the U.S. Fish & Wildlife Service, Anchorage Field Office at: 907-271-2888 or greg_ balogh@fws.gov. For more information on this and other threatened and endangered species, contact the U.S. Fish & Wildlife Service Field Office near you. Contact information is on page 5 of this publication. U.S. Fish & Wildlife Service 1 800/344 WILD http://www.fws.gov June 2006 54 Commercial longliners throughout the Pacific accidentally hook thousands of seabirds each year. The Food and Agriculture Organization has identified seabird bycatch as a global problem. A collaborative effort to solve this problem has brought together some unlikely partners. In the past few years, commercial fishing organizations in Alaska have joined forces with the U.S. Fish and Wildlife Service (Service), independent fishermen, the National Marine Fisheries Service (NMFS), commercial fishing gear manufacturers, and the University of Washington Sea Grant Program (UW Sea Grant). This group is working together to minimize seabird bycatch, not only in Alaska, but around the world. A prototype streamer line lies on deck, ready for deployment. Deterrent devices like this may help troubled seabird populations if their use is adopted by the industry. Threatened and Endangered Species Cooperative Efforts to Conserve Albatrossess and Other Seabirds in Alaska Shortly after the first Alaskan longline vessel turned up a dead endangered short-tailed albatross on one of its hooks, the entire Alaska commercial longline fishing industry spearheaded efforts to minimize take of this, and other seabird species. At their urging, NMFS passed laws requiring the use of seabird avoidance measures while fishing Alaskan waters. With the passage of these laws, the need to know the relative effectiveness of different deterrent devices became instantly acute. In response, NMFS and the Service funded a 2-year study conducted by the UW Sea Grant program to evaluate the effectiveness of a variety of seabird avoidance measures. The UW Sea Grant study is the most extensive and statistically rigorous seabird avoidance measure study of its kind. All commercial fisheries worldwide have been able to draw on the results of this research. UW Sea Grant’s results show that paired streamer lines are a highly effective and inexpensive way to minimize seabird bycatch - reducing bycatch by 88-100%. Consequently, the Service, through its Endangered Species Private Landowner Incentive Two endangered short-tailed albatross perform a mating dance on Torishima Island in Japan. About 1600 of approximately 2000 of these birds nest on the slope of an active volcano. Government and Industry are working together to bring this bird back from the brink of extinction. Program, has provided over $1 million worth of tori lines to Alaskan fishermen in cooperation with the Pacific States Marine Fisheries Commission; the goal being paired tori lines effectively installed on every boat in the Alaskan longline fleet. The Service also funded the Alaska Marine Advisory program to develop tori lines for smaller vessles that couldn’t effectively deploy the original tori line design. The Service believes the partnership formed with the commercial fishing industry, other agencies, and individual scientists to conserve the endangered short-tailed albatross on the remote and treacherous high seas of Alaska makes good conservation sense. To learn more about this effort or to find out how you can obtain tori lines under this program, please contact Ann Rappoport or Greg Balogh of the Anchorage Fish and Wildlife Office, U.S. Fish and Wildlife Service, 605 West 4th Avenue, Room G-61, Anchorage, Alaska 99501 or call 907/271-2888. 55 Status Endangered (Federal Register, February 17, 1988). Description The Aleutian shield-fern is a small, tufted fern which grows to about 15 centimeters (6 inches) tall. Its stems are chestnut brown at the base, and arise from a stout underground rhizome. Its fronds (leaves) are dark green and have small pinnae (leaflets) with toothed edges. Small, straw- colored scales are found on the stem and underside of the leaflets, but may be less evident late in the season. The Aleutian shield-fern may be confused with more common ferns occurring within its range: Polystichum lonchitis is much taller, up to 60 centimeters (24 inches), more robust, has thicker, leathery, evergreen leaves, and very spiny leaflets. Rarely reaching more than 5 inches in height, the Aleutian shield-fern grows only on Adak Island. USFWS photo. U.S. Fish & Wildlife Service Threatened and Endangered Species Aleutian shield-fern (Polystichum aleuticum) Cystopteris fragilis has more strongly dissected leaflets and lacks scales. The closest living relatives of the Aleutian shield-fern outside of Alaska occur in Asia. Range, Habitat and Population Level The Aleutian shield-fern is now known to exist only on Adak Island in the central Aleutian Islands. Four populations totaling approximately 143 “clumps” are located on a single mountain on east-facing slopes having steep cliffs, rock outcrops, and vegetated gullies and ledges. The fern grows in moderately protected, moist spots in crevices, beneath overhangs, and at the edges of vegetation mats along rock walls. Historically, the Aleutian shield-fern also occurred on Atka Island but has not been seen there since it was reported in 1982. Reasons for Current Status The Aleutian shield-fern may never have been very abundant. Some scientists consider it a “living fossil” leftover from the Pleistocene Epoch. It may once have been more widespread in the Aleutian Islands, but periods of glaciation probably reduced its abundance to the remnant populations existing today. Currently, the Adak populations appear to be stable, but because of their restricted range, they are subject to the threat of earth slides and other unpredictable events that could obliterate the entire species. Human disturbance at this remote location is rare, but hikers and climbers may cause accidental disturbance. Caribou were introduced to Adak Island in 1958, and may also pose a threat to the shield-fern populations. Management and Protection All known Aleutian shield-fern populations are located within a military reservation managed by the Aleutian shield-fern Polystichum aleuticum zs && lee Qystopteris fragits Other more common ferns are often mistaken for Aleutian shield-ferns. Polystichum lonchitis (far left) is taller and more robust, with thicker, leathery, evergreen leaves, and very spiny leaflets. Cystopteris fragilis (lower right) has more strongly dissected leaflets. Drawings not to scale. From original artwork by Ann-Lillian Schell and Dominique Collet. USS. Fish & Wildlife Service as part of the Aleutian Islands Unit of the Alaska Maritime National Wildlife Refuge. They are protected from unauthorized plant collecting. The military base on Adak Island was recently closed, and future use of the installation is unknown. Surveys for additional shield-fern populations have been conducted on Adak, Atka, and other islands in the Aleutian chain. Research continues on the reproductive biology and genetics of the shield-fern to learn about causes 56 Aleutian Shield-Fern Polystichum aleuticum Current distribution - jee Though it may have been more widespread in prehistoric times, the Aleutian shield-fern is now found only on Adak Island. of its rarity and its potential for recovery. In addition, Aleutian shield-ferns are being cultivated at nationally recognized botanical institutions to ensure that reserve populations exist should the natural populations be destroyed. For more information on this and - —_ : other threatened and endangered U.S. Fish & Wildlife Service species, contact the U.S. Fish & h a 800/344 WILD Wildlife Service Field Office near ttp://www.fws.gov you. Contact information is on page 5 of this publication. June 2006 57 Status The southwest Alaska Distinct Population Segment (DPS) of the northern sea otter was listed as Threatened under the Endangered Species Act on August 9, 2005 (70 FR 46365). Description Sea otters are a member of the weasel family (Mustelidae) and live in the near-shore waters along the North Pacific Ocean. They are the smallest marine mammal and are most closely related to river otters. Sea otters are suited to their marine environment by adaptations of dentition, skeletal structure, and pelage. Their dentition is adapted for crushing hard-shelled invertebrates such as clams, urchins, and crabs. Their skeletal structure is loosely articulated and lacks a clavicle which allows for increased flexibility in swimming and grooming. The forelimbs are used primarily for grooming and foraging rather than swimming. The hind feet are flattened and flipper-like with an extension of the fifth digit which enables them to swim efficiently on their back on the surface of the water. Sea otters do not have a blubber layer like those of other marine mammals; instead they depend upon a dense, water-resistant fur to provide insulation against cold. Sea otter fur has a greater number of hair follicles per inch than any other mammal. Adult sea otters can reach lengths of up to 6 feet (1.8 m) but average about 4.5 feet (1.4m). Adult male otters weigh from 70 - 90 pounds (32-41 kg) with some males reaching up to 100 pounds (46 kg). Adult female otters average 40 - 60 pounds (18-27 kg). U.S. Fish & Wildlife Service Threatened and Endangered Species SW Alaska Sea Otter (Enhydra Lutris) Sea otters in southwest Alaska have declined by over 50% since the 1970s. Range and Population Levels Historically, sea otters occurred in near shore waters around the North Pacific rim from Hokkaido, Japan through the marine coastal areas of the Russian Far East and the Pacific coastal areas in the United States as far south as Baja California. The southwest Alaska DPS ranges from Attu Island at the western end of the Aleutians, east to Kamishak Bay on the western side of lower Cook Inlet, and includes waters adjacent to the Aleutian Islands, the Alaska Peninsula, the Kodiak archipelago, and the Barren Islands The world-wide sea otter population was drastically reduced to just a few thousand animals between the years of 1742 - 1911, due to commercial harvest by the Russian and American fur traders. Three population stocks of sea otters exist in Alaska today, where the current statewide population is believed to number around 65,000 animals. The southwest Alaska DPS has declined by over 50%, from an estimated 94,050-128,650 in the mid-1970s, to approximately 41,685 at present. Habitat and Habits Sea otters’ average life span is approximately 15 - 20 years. Female sea otters do not begin breeding until age 2 - 5 years. They may breed annually up until age 20. Males become sexually mature at ages 4 - 6 years, but may not hold breeding territories until several years later. Mating occurs at all times of the year, and young may be born in any season. In Alaska, most pups are born in late spring. Sea otters generally have a single pup during each breeding cycle though the gestation period can be highly variable due to delayed 58 Southwest Alaska DPS of the Northern Sea Otter 2003-2004 Survey Results at Western/Central Aleutians 2000-2003 63% S Eastern Aleutians 2000-2004 Pavlofs/Shumagins 2001-2004 -33% Sutwick Island 2001-2004 68% The greatest declines of sea otters took place in the western and central Aleutian Islands. implantation of the fertilized egg. A pup will weigh from 3 to 5 pounds (1.4 - 2.3 kg) at birth and stay with its mother from 3 - 6 months. Sea otters dive to gather food from the ocean floor in relatively shallow water in areas with both rocky substrates and soft bottom sediments. A loose pouch of skin at the axilla (arm pit) of each forelimb is used to store and transport food to the surface. They eat a wide variety of benthic invertebrates including clams, crabs, sea urchins, snails, octopus, and occasionally fish and sea birds. Diving depth of sea otters is highly variable and ranges from 5 - 300 feet (2 - 100 m) depending on the prey species. Large food items are cracked by the flattened molars or pounded open with a rock and eaten individually while it floats on it’s back. Small prey items are often consumed whole. Foraging dives average 1-1% minutes, though sea otters are known to remain under water for up to 4 minutes at a time. Sea otters compensate for their small body size and no blubber layer by having an increased metabolism that helps them keep warm in the cold water. In captivity they will consume up to 25% of their body weight per day. Reasons for Current Status Following protection from commercial fur harvests, northern sea otters in Alaska made an amazing recovery from the brink of extinction. The cause of the current decline of sea otters in southwest Alaska is unclear, however. Studies in the western and central Aleutians suggest that the decline is the result of increased adult mortality, rather than a lack of productivity. There is no evidence to suggest that disease, starvation, or contaminants are responsible for the increase in mortality. Rather, the weight of evidence suggests that increased predation by killer whales (Orcinus orca) may be the cause of the decline in the Aleutians. Detailed studies into the cause of the decline have not been conducted in other areas of the southwest Alaska DPS, and additional research is warranted. Management and Protection In the United States, the Northern sea otter is protected from hunting and harassment by the Marine Mammal Protection Act of 1972 (MMPA). The U.S. Fish and Wildlife Service (Service) is the federal agency responsible for maintaining healthy populations of sea otters. In Alaska, biologists from the Service and the Alaska Science Center, USS. Geological Survey, monitor the population health and status. The primary threats to the sea otter are generally human- related, and include competition for shellfish, mariculture, oil and gas transport, logging activities in coastal areas, and commercial fishing. Coastal Alaska Natives are allowed to harvest sea otters for subsistence and handicraft purposes under the MMPA. Since 1997, the Service has signed annual cooperative agreements with the Alaska Sea Otter and Steller Sea Lion Commission for the conservation and co-management of subsistence uses of sea otters. The Service is developing a recovery plan for the southwest Alaska DPS to identify the cause of the decline, monitor population trends, and help conserve the sea otter population in southwest Alaska. For more information please contact: Douglas Burn at 907-786-3807; email: Douglas_Burn@fws.gov U.S. Fish & Wildlife Service Marine Mammals Management Office 1011 East Tudor Road, Anchorage, Alaska 99503 For information on other threatened and endangered species, contact the U.S. Fish and Wildlife Field Office near you. Contact information is on U.S. Fish & Wildlife Service 1 800/344 WILD http://www.fws.gov June 2006 59 USS. Fish & Wildlife Service Threatened and Endangered Species Kittlitz’s Murrelet (Brachyramphus brevirostris) Status The Kittlitz’s murrelet was designated a candidate species throughout its range in March, 2004. Description The Kittlitz’s murrelet (Brachyramphus brevirostris) is a small diving seabird that lives in Alaskan coastal waters from Point Lay to southeast Alaska. Its summer plumage is mottled gray or tan, and is easily confused with its close relative, the marbled murrelet. It is a secretive breeder, laying a single egg in a depression on bare ground. Only about 2 dozen nests have ever been found. Range and Population Level Most of the world population of Kittlitz’s murrelets breed, molt, and winter in Alaska; a few breed in the Russian Far East. The winter range of the Kittlitz’s murrelet is not well known, however. There are records of occasional winter sightings in southeast and western Alaska, and locally common sightings in a few locations in southcoastal Alaska. Kittlitz’s murrelets also occur during winter in the mid-shelf regions of the northern Gulf of Alaska. This species has undergone population declines in four of its six known core population centers in Alsaka: Kenai Fjords, Prince William Sound, Malaspina Forelands and Glacier Bay. No trend data exist from the two other known population centers, Icy Bay and and Lower Cook Inlet. An estimated 16,700 Kittlitz’s murrelets occur in Alaska. The Russian population numbers in the hundreds to low thousands. Habitat and Habits During the breeding season, Kittlitz’s murrelet distribution is clumped within its geographic range. The birds prefer habitats near tidewater glaciers, and to a lesser extent, areas offshore of remnant, high-elevation glaciers and deglaciated coastal mountains. They tend to forage around tidewater glaciers among icebergs and brash ice, but avoid areas that contain heavy ice. They also feed along coasts where waters are influenced by glacial outwash such as the Malaspina Forelands, where glacial runoff seeps across miles of exposed coast. In general, this species is more highly associated with glacially-influenced waters than the closely related but genetically distinct marbled murrelet (B. marmoratus). Kittlitz’s murrelets nest in unvegetated scree fields, coastal cliffs, on barren ground, rock ledges, and talus above timberline in coastal mountains. Reasons for Current Status Interpretation of Kittlitz’s murrelet population status and trend data is complicated but the best available information indicates that Kittlitz’s murrelets in Alaska’s Prince William Sound have declined by about 18% per year. If this trend continues, they may disappear from Prince William Sound in approximately 30 years. Kittlitz’s murrelets are members of the Alcid (auk) family, related to puffins, auklets, and murres. The Kittlitz’s murrelet is a small diving bird that breeds primarily in Alaska. It is sometimes seen foraging near tidewater glaciers. USFWS photo. In Glacier Bay, population declines since 1991 appear to be slightly less severe than those in Prince William Sound. Nevertheless, the Glacier Bay population could disappear in 40 years if the current rate of decline continues. By one estimate, Kittlitz’s murrelet populations in the Malaspina Forelands declined by at least 38%, and likely about 75%, between 1992 and 2002. The greatest downward trends are reported for southcentral Alaska , where populations have declined by 84% over an 11 year period Kittlitz’s murrelet in winter plumage. USFWS photo. 60 Factors that are known to result in direct mortality of Kittlitz’s murrelets include oil spills and gill- net fisheries. One source estimates that as much as 83-10% of the global population of this species was killed by oil in the Exxon Valdez oil spill, although other estimates are lower. Numbers killed in salmon gill-nets are not monitored regularly, but more than 100 individuals were estimated to have been killed in gill-nets in Prince William Sound in a 1991 study. Factors that are strongly suspected to have negative effects upon Kittlitz’s murrelet populations (and which may actually be driving their population trends) include glacial retreat and cyclical changes in the oceanic environment. Glacial retreat may be a consequence of global warming. Factors that are suspected to result in some level of Kittlitz’s murrelet mortality or take include chronic oil pollution, disturbance by commercial and recreational boaters, and cruise ships. For more information on this and other threatened and endangered species, contact the U.S. Fish & Wildlife Service, Ecological Services Field Office near you. Contact information is on page 5 of this publication. Popula tion pict density and distribution of Kittlitz’s murrelet in Alaska. U.S. Fish & Wildlife Service 1 800/344 WILD http://www.fws.gov June 2006 61 URS et ee Cea ao) Threatened and Endangered Species Eskimo Curlew (Numenius borealis) Status Endangered worldwide. Probably extinct. Listed as endangered in 1967 (Federal Register, March 11, 1967) Description Eskimo curlews are the smallest and most gregarious of the four Western Hemisphere curlew species. They closely resemble the Whimbrel; but at 14 inches (36 cm) in length, are smaller and have darker upper parts, a thinner, less curved bill, less distinct eye-stripes and markings on the crown, and pale cinnamon wing linings. Range and Population Size Historical population levels of Eskimo curlews are thought to have been in the hundreds of thousands. However, accurate estimates remain unknown, having been decimated before 1900. This species has not been observed in Alaska in decades and is probably extinct world wide. Breeding was documented at only two locations in the Northwest Territories, Canada. Its range during historic times is believed to have extended from the Arctic Coastal Plain of Alaska, possibly including portions of far eastern Siberia, east to the northern Northwest Territories. In spring, they traveled north through Central America, arriving in Texas by March, stopping in tall- and mixed-grass prairie prior to their arrival on their breeding grounds in late May. They may have specialized in foraging on high concentrations of the now-extinct Rocky Mountain grasshopper, where they extracted egg cases and emerging nymphs from Prior to a non-stop migratory flight subsurface soil. to their winter range in South America, Eskimo curlews staged along the coast of Labrador and Newfoundland to feed on crowberries and blueberries in heath shrub habitats, and insects and crustaceans in adjacent littoral areas. They wintered in the Pampas of Argentina, southern Brazil, Uruguay, and Chile, where scattered permanent and ephemeral wetlands occurred. Some evidence suggests that birds left the Pampas and moved to extreme southern Patagonia and northern Tierra del Fuego in mid-winter. Habitat and Habits The few historical breeding records for Eskimo curlew are from the arctic and sub-arctic where they nested in drier tundra areas. Nests were simple depressions on bare ground with four eggs, one clutch per season. Hatching occurred during late June and early July. Details of incubation and fledging remain unknown. Both sexes likely incubated and reared young. Chicks were precocial. Eskimo curlew were the smallest and most gregarious of the four Western Hemisphere curlew species. Drawing by Maksim Dementyev. Reasons for Current Status Eskimo curlews were decimated during a relatively short period of time between 1850 and 1890. The species decline has been attributed to three primary causes: (1) fire suppression and conversion of grassland habitats to agriculture, (2) concurrent extinction of Rocky Mountain grasshoppers and drastic declines in other insect species, and (3) market hunting. By 1850, the tall-grass prairie of the mid-western states was depleted by 88-99%. Habitat modification in conjunction with pesticide application led to the eventual extinction of the Rocky Mountain grasshopper. And from 1850 to 1900, Eskimo curlews were hunted 11 months of the year with tens of thousands killed annually and brought to sale at markets in metropolitan centers. Some scientists believe that the ultimate cause of the bird’s demise lay with its social structure and life history 62 (> Nonbreeding ——-> Northward migration ——> Southward migration Breeding and nonbreeding ranges plus probable migration routes of Eskimo curlew. (Used with permission by Birds of North America on-line (bna.birds. cornell.edu); after Gollop et al. 1986). characteristics. Adult survivorship and a low reproductive rate, characteristic of a K-selected species, made them more vulnerable to over- harvest and predation. Reliance on a few important stop-over sites during its long migration left the species vulnerable to disturbance of these few food-rich sites. By 1900, sightings of Eskimo curlews were rare. The last confirmed observation took place in Nebraska in 1987. The last photograph was taken in Texas in 1962; and the last individual harvested came from Barbados in 1963. An unusual sighting of a flock 23 birds was reported from Texas in May 1981; and an adult with one young was reported in May 1983 in the Arctic National Wildlife Refuge. Occasional reports of sightings continue, but photographic documentation is lacking. Historic Eskimo curlew breeding range remains relatively untrammeled. Native grassland habitat throughout its migration cooridor is far from pristine, however; most is gone from conversion to cropland, overgrazing, housing development, resource extraction, and fire suppression. Much of the native grassland habitat in its South America wintering range has been converted to tree plantations as well. Management and Protection Any remaining Eskimo curlews are protected by the Migratory Bird Treaty Act and the Endangered Species Act. In addition, they have protection on wintering grounds as per the 1940 Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere. The search for Eskimo curlews continues in former breeding and wintering areas and along their migratory corridors. Efforts by both government and non-government organizations in the U.S. and Canada to conserve, enhance and protect habitats used by curlews and other grassland species have become high priority in recent years. Nevertheless, the amount of land that is currently protected remains small. To aid in preservation of curlews and other grassland species in decline, the U.S. Fish & Wildlife Service (Service) recommends the following: ¢ Continue to implement systematic searches in migratory corridors, and in breeding and wintering areas. © Conduct future mineral exploration and extraction in historic breeding areas in consultation with the Service. e Incorporate grassland habitat protections, including prescribed burns, in public land management plans. e Provide private landowners with incentives to manage lands to benefit indigenous grassland species in historic migration and wintering areas. e Purchase land or conservation easements on private lands that still support healthy blocks of tall-grass prairie; discourage incentives that convert grasslands into commercial forestry plantations in Argentina and Brazil. e For projects within the breeding range of Eskimo curlews, assess whether they are likely to use the project area for nesting or brood- rearing. Contact the Service’s Fairbanks Ecological Field Office in for assistance. For more information on this and other threatened and endangered species, contact the U.S. Fish & Wildlife Service, Ecological Services Field Office near you. Contact information is on page 5 of this publication. U.S. Fish & Wildlife Service 1 800/344 WILD http://www.fws.gov June 2006 63 When a species is proposed for listing as endangered or threatened under the Endangered Species Act (Act), we must consider whether there are areas of habitat we believe are essential to the species’ conservation. Those areas may be proposed for designation as “critical habitat.” The determination and designation of critical habitat is one of the most controversial and confusing aspects of the Act. Here are answers to some of the most frequently asked questions about critical habitat. What is critical habitat? Critical habitat is a term defined and used in the Act. It is a specific geographic area(s) that contains features essential for the conservation of a threatened or endangered species and that may require special management and protection. Critical habitat may include an area that is not currently occupied by the species but that will be needed for its recovery. An area is designated as “critical habitat” after we publish a proposed Federal regulation in the Federal Register and then we receive and consider public comments on the proposal. The final boundaries of the critical habitat area are also published in the Federal Register. What is the purpose of designating critical habitat? Federal agencies are required to consult with us on actions they carry out, fund, or authorize to ensure that their actions will not destroy or adversely modify critical habitat. In this way, a critical habitat designation protects areas that are necessary for the conservation of the species. A critical habitat designation has no effect on situations where a Federal agency is not involved—for example, a landowner undertaking a project on private land that involves no Federal funding or permit. Critical Habitat What is it? Ash Meadows National Wildlife Refuge in Nevada provides critical habitat for eight threatened or endangered species. Photo by Mike Bender, FWS. Do listed species in critical habitat areas receive more protection? Anarea designated as critical habitat is not a refuge or sanctuary for the species. Listed species and their habitat are protected by the Act whether or not they are in an area designated as critical habitat. To understand the additional protection that critical habitat provides to anarea, it is first necessary to understand the protection afforded to any endangered or threatened species, even if critical habitat is not designated for it. @ The Act forbids the import, export, or interstate or foreign sale of endangered and threatened animals and plants without a special permit. It also makes “take” illegal -- forbidding the killing, harming, harassing, pursuing, or removing the species from the wild. @ The Act requires that Federal agencies conduct their activities in such a way as to conserve species. W The Act also requires that Federal agencies must consult with us to conserve listed species on their lands and to ensure that any activity they fund, authorize, or carry out will not jeopardize the survival of a threatened or endangered species. This is known as consultation. In consultation for those species with critical habitat, Federal agencies must also ensure that their activities do not adversely modify critical habitat to the point that it will no longer aid in the species’ recovery. In many cases, this level of protection is similar to that already provided to species by the “jeopardy standard.” However, areas that are currently unoccupied by the 64 Wb dei Lae Cree meter Mie ee ee eC md that mean no further development can itat designation ily restrict further is a reminder s that they must make ico py uelecram dal characteristics of these DY SE Mr MTC ot rely PCa EM Url ar MLL the designated area? No. Only activities that involve a mit, license, or fundin; stroy or advers tical habitat will be affected. If this is the case, we will work with the F lagency and, where appropriate, private or other landowr to amend their project to allow it to proceed without adversely affecting the critical habitat. Thus, most Federal projects are likely to go forward, but some will be modified to minimize harm to critical habitat. species, but which are needed for the species’ recovery, are protected by the prohibition against adverse modification of critical habitat. Must Federal agencies consult with us outside critical habitat areas? Yes, even when there is no critical habitat designation, Federal agencies must consult with us to ensure any action they carry out, fund, or authorize is not likely to jeopardize the continued existence of a listed species. What is the impact of a critical habitat designation on economic development? Most activities that require a Federal agency to consult with us can proceed. If modification of the project is necessary, it is likely that those changes would have been needed anyway, in order to avoid jeopardy. However, in areas where the species is not currently present, there may be some project modifications that would not have occurred without the critical habitat designation. How do we determine what areas to designate as critical habitat? Biologists consider physical and biological features needed for life processes and successful reproduction of the species. These include: Mispace for individual and population growth and for normal behavior; Micover or shelter; i food, water, air, light, minerals, or other nutritional or physiological requirements; Msites for breeding and rearing offspring; and habitats that are protected from disturbances or are representative of the historic geographical and ecological distributions of a species. The areas shown on critical habitat maps are often large. Are all the areas within the mapped boundaries considered critical habitat? No. Our rules normally exclude by text developed areas such as buildings, roads, airports, parking lots, piers, and other such facilities. Additionally, projects will only require consultation if they affect areas that contain the primary constituent elements required by the species. Primary constituent elements are those physical and biological features of a landscape that a species needs to survive and reproduce. Why are large areas shown on critical habitat maps if the entire area is not actually considered critical habitat? Insuch cases, precisely mapping critical habitat boundaries is impractical or impossible, because the legal descriptions for these precise boundaries would be too unwieldy. Does the Act require an economic analysis as part of designating critical habitat? Yes. We must take into account the economic impact, as well as any other benefits or impacts, of specifying any particular area as critical habitat. We may exclude any area from critical habitat if we determine that the benefits of excluding it outweigh the benefits of specifying the area as part of critical habitat, unless we determine that the failure to designate the area as critical habitat will result in the extinction of the species. Does an economic analysis have any effect on the decision to list a species as threatened or endangered? No, under the Act, a decision to list a species is made solely on the basis of scientific data and analysis. How many species have critical habitat designations? As of December 1, 2005, critical habitat has been designated for 471 of the 1,272 U.S. species listed as threatened or endangered. Why haven't we designated critical habitat for more species? After a Congressional moratorium on listing new species ended in 1996, we faced a huge backlog of species needing to be proposed for listing as threatened or endangered. For this reason, we have assigned a relatively low priority to designating critical habitat because we believe that a more effective use of our limited staff and funding has been to place imperiled species on the List of Endangered and Threatened Species. Additionally, the critical habitat designation usually affords little extra protection to most species, and in some cases it can result in harm to the species. This harm may be due to negative public sentiment to the designation, to inaccuracies in the initial area designated, and to the fact that there is often a misconception among other Federal agencies that if an area is outside of the designated critical habitat area, then it is of no value to the species. U.S. Fish & Wildlife Service Endangered Species Program 703/358-2105 http://www. fws.gov/endangered/ December 2005 65 VILLAGES BY ES OFFICE April 20, 2007 AFWFO: Anchorage Fish and Wildlife Field Office, 271-2888, Ann Rappoport, Field Supervisor FFWFO: Fairbanks Fish and Wildlife Field Office, 456-0203, Steve Lewis, Field Supervisor JFWFO: Juneau Fish and Wildlife Field Office, 586-7240, Bruce Halstead, Fish and Wildlife Administrator Adak Station Akhiok Akiachak Akiak Akutan Alakanuk Alcan Aleknagik Allakaket Ambler Amchitka Anaktuvuk Pass Anchor Point Anchorage Anderson Angoon Aniak Annette Anvik Arctic Village Atka Atmautluak Atqasuk Barrow Beaver Bethel Bettles Big Delta Big Lake Birch Creek Brevig Mission Buckland Butte Cantwell Central Chalkyitsik Chase Chefornak Chenega Chevak Chickaloon Chignik Chignik Lagoon Chignik Lake Chiniak Chistochina Chitina AFWFO AFWFO AFWFO AFWFO AFWFO AFWFO FFWFO AFWFO FFWFO FFWFO AFWFO FFWFO AFWFO AFWFO FFWFO JFWFO AFWFO JFWFO FFWFO FFWFO AFWFO 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McGrath McKinley Park Meadow Lakes Mekoryuk Mendeltna Mentasta Lake Metlakatla Meyers Chuck Minto Moose Creek Moose Pass Mosquito Lake Mountain Village Naknek Napakiak Napaskiak Naukati Bay Nelson Lagoon Nenana New Stuyahok FFWFO JFWFO JFWFO AFWFO FFWFO AFWFO AFWFO AFWFO AFWFO AFWFO AFWFO FFWFO FFWFO FFWFO JFWFO AFWFO AFWFO JFWFO FFWFO AFWFO AFWFO AFWFO FFWFO AFWFO JFWFO AFWFO JFWFO FFWFO AFWFO AFWFO AFWFO AFWFO FFWFO AFWFO AFWFO AFWFO AFWFO JFWFO JFWFO FFWFO FFWFO AFWFO JFWFO AFWFO AFWFO AFWFO AFWFO JFWFO AFWFO FFWFO AFWFO 67 Newhalen Newtok Nightmute Nikiski Nikolaevsk Nikolai Nikolski Ninilchik Noatak Nome Nondalton Noorvik North Pole Northway Northway Junction Northway Village Nuigqsut Nulato Nunam Iqua Nunapitchuk Old Harbor Oscarville Ouzinkie Palmer Paxson Pedro Bay Pelican Perryville Petersburg Pilot Point Pilot Station Pitkas Point Platinum Pleasant Valley Point Baker Point Hope Point Lay Polk Inlet Port Alexander Port Alice Port Alsworth Port Clarence Port Graham Port Heiden Port Lions Port Protection Primrose Prudhoe Bay Quinhagak Rampart Red Devil AFWFO AFWFO AFWFO AFWFO AFWFO AFWFO AFWFO AFWFO FFWFO FFWFO AFWFO FFWFO FFWFO FFWFO FFWFO FFWFO FFWFO FFWFO AFWFO AFWFO AFWFO AFWFO AFWFO AFWFO AFWFO AFWFO JFWFO AFWFO JFWFO AFWFO AFWFO AFWFO AFWFO FFWFO JFWFO FFWFO FFWFO JFWFO JFWFO JFWFO AFWFO FFWFO AFWFO AFWFO AFWFO JFWFO AFWFO FFWFO AFWFO FFWFO AFWFO Ridgeway Rowan Bay Ruby Russian Mission Salamatof Salcha Sand Point Savoonga Saxman Scammon Bay Selawik Seldovia Seward Shageluk Shaktoolik Shishmaref Shungnak Sitka Skagway Skwentna Slana Sleetmute Soldotna South Naknek St. George St. John Harbor St. Mary's St. Michael St. Paul Stebbins Sterling Stevens Village Stony River Sutton Takotna Talkeetna Tanacross Tanana Tatitlek Teller Tenakee Springs Tetlin Thorne Bay Togiak Tok Toksook Bay Tonsina Trapper Creek Tuluksak Tuntutuliak Tununak AFWFO JFWFO FFWFO AFWFO AFWFO FFWFO AFWFO AFWFO JFWFO AFWFO FFWFO AFWFO AFWFO FFWFO FFWFO FFWFO FFWFO JFWFO JFWFO AFWFO AFWFO 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ESA Listed Species Consultation Guide - Anchorage Fish and Wildlife Field Office Villages ——— Steller's eider winter range extent | Steller's eider critical habitat WM < 125 steller's eiders (> 1000 steller's eiders PY) 126-1000 Steller's eiders Short-tailed albatross observations GD Kittitz’s murretet nest AQ \ Kittlitz’s murrelet at sea distribution Spectacled eider observations oe Spectacled eider critical habitat “Ht Spectacled eider breeding habitat .| Spectacled eider staging and migration Northern sea otter southwest alaska dps Should You Consult? CRC KU em Mee TMNT menor on this map, there are No listed species present within your project area and no consultation is necessary Consult with the Service for all other areas, and for projects within 0.25 miles of the (OPO Rett