Module 3 Counterpart Regulations

1. Module 3Counterpart Regulations Standards of Review for Determining Project Effects

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

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

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

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

6. Identify the Action Area • Direct Effects + • Indirect Effects = • Action Area

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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