US Army Corps of Engineers

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Section 7(a)(1) of the Endangered Species Act—Supporting the Mission through Proactive Conservation Planning and Endangered Species RecoveryRichard A. Fischer, Ph.D.U.S. Army Engineer R&D Center, Vicksburg, MS

Casey A. LottAmerican Bird Conservancy, The Plains, VA

Paul D. HartfieldU.S. Fish and Wildlife Service, Jackson, MS

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ESA SECTION 7INTERAGENCY COOPERATION

(a) FEDERAL AGENCY ACTIONS AND CONSULTATIONS.- (1) ...All...Federal agencies shall, in consultation with and with the assistance of the Secretary, utilize their authorities in furtherance of the purposes of this Act by carrying out programs for the conservation of endangered species and threatened species...

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SECTION 7(a)(2)

Each Federal agency shall … insure that any action … is not likely to jeopardize the continued existence of any endangered species or threatened species...or result in destruction…of (critical) habitat…

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Occur when actions of a FEDERAL agency (funded, or permitted by) may adversely affect a listed species

For example, training by the DoD may affect Red-cockaded woodpecker or Golden-cheeked Warbler

Action agency (DoD) writes Biological Assessment► If FWS determines that action is “likely to adversely affect…”

FWS writes Biological Opinion (issues IT statement)► Jeopardy analysis (do actions jeopardize continued existence?)► If no, reasonable and prudent measures, terms and conditions► If yes, reasonable and prudent alternatives (jeopardy only)

Section 7(a)(2) consultations

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History

Forty years of using ESA Formal Consultation through Section 7(a)(2)

• Adversarial • Confrontational • Dictatorial• Costly• Little Flexibility • Unpredictable• Little or no control• Losing process for the species

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PURPOSE OF SECTION 7(a)(1)

To address the conservation (recovery) needs of listed species relative to Federal Program impacts.  

►Section 7(a)(1) conservation programs are to improve listed species baselines within the scope of Federal action agency authorities. 

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Conservation Benefits

“Section 7a1 allows FWS or NMFS to work continuously with a Federal agency to develop a program of species conservation that uses all the agency’s authorities, is at the agency’s disposal at all times, and does not depend on the presence of a particular project for implementation.” (Ruhl 1995)

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New Approach

Section 7(a)(1)• Allows DoD to be proactive in consultation and

conservation processes rather than reactionary• Reduces surprises and conflicts• We commit to actions we would be predisposed to

undertake anyway under 7(a)(2)

• Reduce future 7(a)(2) consultations• Actions contingent upon availability of funds

providing budget predictability • Improves likelihood of species recovery

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Challenges to 7(a)(1) Conservation

Lack of guidance for 7(a)(1) conservation Lack of knowledge or understanding of the

purpose, benefits, potential value, and other ramifications of section 7(a)(1) planning

Often a lack of information on the status and trends of the listed species, or habitat and ecological data for informed decisions

Historic cultures of “winning or losing/them vs. us”

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Conservation Management Agreements

Explicit plan for specific management actions Formal agreement enables long-term management

►Any combination of agencies and organizations►Partners must have legal authority for management►Agreement must contain funding mechanisms►Agreement must be legally enforceable

• De-listing possible (protections of ESA not needed)

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Recovery of the Interior Least Tern

A fresh approach to Species Recovery through ESA Section 7(a)(1)

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Any Least Tern nesting > 50 mi. from the Gulf of Mexico (USFWS 1985)

Long lived (>20 years) Highly mobile Highly adaptable

What is an Interior Least Tern?

BACKGROUND

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Historical Distribution (Hardy 1957)

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Abundance and Distribution When Listed (Ducey 1981)

1,970 (1985)

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USFWS (1990)versus today

• USFWS (1990) did not account for several areas where ILT occur now:

1. Lake Oahe and Sakakawea, Missouri

2. Elkhorn and Middle Loup sand pits3. Kansas River4. Ohio River and Wabash River5. Mississippi past Vicksburg, MS6. Portions of Arkansas Navigation

sys.7. 250km of Red above Texoma8. Red below Texoma9. Trinity River10. Reservoirs in Texas/New Mexico

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RECOVERY STATUS

Recovery Criteria (1990) Protect habitat, establish management plans, increase

ILT population to 7,000 birds range-wide and maintain for 10 years.

► Missouri River > 2,100► Lower Mississippi River = 2,500► Arkansas River > 1,600► Red River > 300► Rio Grande River = 500

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RECOVERY STATUS

Recovery Criteria (1990) Protect habitat, establish management plans, increase

ILT population to 7,000 birds range-wide and maintain for 10 years.

2005 Range-Wide Total: 17,859 (Lott 2006)► Missouri River > 2,100 (2,044)► Lower Mississippi River = 2,500 (10,960)► Arkansas River > 1,600 (2,119)► Red River > 300 (1,821)► Rio Grande River = 500 (366)

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Current Abundance and Distribution

• 16 discrete ILT populations (96 km)

• 47 subpopulations (26 km)

• 4 main populations account for 97.8% adults, 95.4% sites

• 34 subpopulations within 4 main pops.

Upper Missouri- North

Niobrara, Platte, Upper Missouri- South

Mississippi, Arkansas

Red and Trinity

17,859 (2005)

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SPECIES STATUS SUMMARY

Range-wide numerical criteria have been exceeded for 20 years.

Range has >doubled since Recovery Criteria were identified (1990); however,

There has been no range-wide evaluation of multiple chronic threats relative to alternative management strategies

Until 2013, no viable management strategy or plan has been successfully developed and implemented on a regional or range-wide scale.

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Range and population size of ILT significantly exceeds recovery criteria.

USFWS Recommended Delisting to due Recovery However, Recovery and long-term persistence requires:

► management programs and conservation management agreements between USACE and USFWS that ensure long-term security of habitat quantity and quality to support ILT.

► Successful development of a rangewide metapopulation model

► Develop a range-wide post-listing monitoring plan

2013 Five-Year Status Review

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Range and population size of ILT significantly exceeds recovery criteria.

Recovery and long-term persistence requires:► management programs and conservation management

agreements between USACE and USFWS that ensure long-term security of habitat quantity and quality to support ILT.

2013 Five-Year Status Review

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MS River Habitat Conservation Plan

- In 2001, USACE Mississippi Valley Division initiated consultation with FWS Southeast Region under section 7(a)(1) of the ESA.

- This consultation culminated in a 2013 USACE conservation program that transformed the primary threats (channel engineering) to three endangered species, into the primary conservation tools for their recovery.

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Section 7 (a)(1) on the Lower Mississippi

• Dikes notched to remove connection to bank• Reduces predator access, vegetation

encroachment• ($175,000 over 11.5 miles)- small % project

expense

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Range and population size of ILT significantly exceeds recovery criteria.

Recovery requires:► management programs and conservation management

agreements between USACE and USFWS that ensure long-term security of habitat quantity and quality to support ILT.

► Successful development of a rangewide metapopulation model

2013 Five-Year Status Review

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ILT Metapopulation Modeling

Collaborative effort among USACE, American Bird Conservancy, USFWS, and USGS

Goal – Develop a model that will facilitate understanding of underlying ecological processes for ILT so managers can evaluate consequences of management actions and how they affect long-term conservation of the ILT

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Range-wide Metapopulation Modeling for Interior Population of the Least Tern

Objectives– evaluate population persistence

across a range of scenarios– Compare the expected

performance of alternative management strategies for increasing ILT reproductive success (including no action)

– Inform decisions about management of threats to ILT populations

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Range and population size of ILT significantly exceeds recovery criteria.

Recovery requires:► management programs and conservation management

agreements between USACE and USFWS that ensure long-term security of habitat quantity and quality to support ILT.

► Successful development of a rangewide metapopulation model

► Develop a range-wide post-listing monitoring plan

2013 Five-Year Status Review

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Plan currently is in development The current “rapid” method of counting

often produces unreliable results. Plan will recommend standardizing survey

methods at small colonies and using an “intensive” survey method at large colonies

Because the intensive counts will require more time, and the Monitoring Plan should not increase the total cost of surveys, we are investigating a survey design in which one third of the population “units” are surveyed each year.

That design has nearly 100% power to detect a 50% decline occurring in 21 years and will reduce costs of the ILT survey by 50%.

Post-listing Monitoring

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For DoD, how can we use 7(a)(1) Conservation Planning to effect:► Species recovery?► Reduced mission impacts?► Cost-savings and Return-on-

Investment? How can we determine where to start? Are there existing (or needed)

assessments that would provide DoD guidance?

7(a)(1) and DoD

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QUESTIONS?