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Beyond Fish and the Federal ESA

Beyond Fish and the Federal ESA. Chris Maguire Terrestrial Biology Program Coordinator Oregon Department of Transportation. Local Government Environmental Training 2009 Corvallis, Oregon. Oregon State ESA. Western snowy plover. Shortnose sucker. California ground squirrel.

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Beyond Fish and the Federal ESA

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  1. Beyond Fish and the Federal ESA Chris Maguire Terrestrial Biology Program Coordinator Oregon Department of Transportation Local Government Environmental Training 2009 Corvallis, Oregon

  2. Oregon State ESA Western snowy plover Shortnose sucker California ground squirrel Gentner’s fritillary

  3. Oregon State ESA • 2 Regulatory Agencies • OR Dept of Fish & Wildlife (ODFW) • - fish and wildlife • OR Dept of Agriculture (ODA) • - plants

  4. Oregon State ESA • ODFW – fish & wildlife • Take: to kill or obtain possession or control of • Federal ESA – fish & wildlife • Take: to harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect

  5. Oregon State ESA • ODA – plants • Take: to collect, cut, damage, destroy, dig, kill, pick, remove, transplant, or otherwise disturb (or required pollinators) • (Take Permit) • Federal ESA – plants • Unlawful: to possess, cut, damage, destroy, dig, or remove • (No Incidental Take Permit)

  6. Oregon State ESA • State ESA – plants • Compliance: An action initiated by a person other than a state agency that has met federal ESA requirements for a species meets state ESA requirements • (ORS 564.115(6)) • State ESA – fish & wildlife • Compliance: A federal ESA permit serves as a waiver of state ESA requirements • (ORS 496.172(4))

  7. Oregon ESA – Fish & Wildlife • Public agencies must consult with ODFW for actions on public land (owned or leased)…IF

  8. Oregon ESA – Fish & Wildlife • Public agencies must consult with ODFW for actions on public land (owned or leased)…IF • An action has the potential to appreciably reduce the likelihood of the survival or recovery of a T&E animal

  9. Oregon ESA – Fish & Wildlife • Public agencies must consult with ODFW for actions on public land (owned or leased)…IF • An action has the potential to appreciably reduce the likelihood of the survival or recovery of a T&E animal • If ODFW determines that such take will not adversely impact the long-term conservation of the species or its habitat, ODFW may issue an incidental take permit Kit fox

  10. Oregon ESA – Plants • A public agency must determine whether listed plants occur or are likely to occur on public lands targeted for action

  11. Oregon ESA – Plants • A public agency must determine whether listed plants occur or are likely to occur on public lands targeted for action • A public agency must determine, prior to the action, whether the proposed action has the potential to appreciably reduce the likelihood of the survival or recovery of any population of the listed species (on public land)

  12. Oregon ESA – Plants • A public agency must determine whether listed plants occur or are likely to occur on public lands targeted for action • A public agency should determine, prior to the action, whether the proposed action has the potential to appreciably reduce the likelihood of the survival or recovery of any population of the listed species • Results of the effects analysis should be provided to ODA for review, project approval, and a take permit

  13. Oregon ESA – Plants • All federal listed plants are also state listed (15 federal species) • 59 state listed plant species Umpqua mariposa lily

  14. MBTA (Migratory Bird Treaty Act) Cliff swallows

  15. MBTA – Migratory Bird Treaty Act • Illegal to: • take or possess any migratory bird w/o an USFWS permit X Tree sparrow

  16. MBTA – Migratory Bird Treaty Act • Illegal to: • take or possess any migratory bird w/o an USFWS permit • Including: • feathers, eggs, nests, or products x x x

  17. MBTA – Migratory Bird Treaty Act • Illegal to: • take or possess any migratory bird w/o an USFWS permit • Including: • feathers, eggs, nests, or products • Take means to: • pursue, hunt, shoot, wound, kill, trap, capture, or collect (or attempt to do any of these) You can harass birds and remove empty nests

  18. MBTA – Migratory Bird Treaty Act • ‘Strict liability’ law: • anyone can be convicted regardless of intent or guilty knowledge

  19. MBTA – Migratory Bird Treaty Act • ‘Strict liability’ law • Oregon migratory birds: • all except feral pigeon, house sparrow, starling, mute swan, and domesticated and raised birds • (> 450 species)

  20. MBTA – Migratory Bird Treaty Act • ‘Strict liability’ law • Oregon migratory birds • Most vulnerable life stages: • Eggs & young incapable of flight

  21. MBTA – Migratory Bird Treaty Act • ‘Strict liability’ law • Oregon migratory birds • Most vulnerable life stages • Permits: • No incidental take permits • Incidental take is take that results from, but is not the purpose of, carrying out an otherwise lawful activity

  22. MBTA – Migratory Bird Treaty Act • Compliance • Avoid • Prevent nesting

  23. MBTA – Migratory Bird Treaty Act • Compliance • Avoid • Prevent nesting • Work around

  24. MBTA – Migratory Bird Treaty Act • Compliance • Avoid • Prevent nesting • Work around • Alter project timing Hatched grouse

  25. MBTA – Migratory Bird Treaty Act • Compliance • Avoid • Use USDA APHIS Wildlife Services • (ODOT IGA with APHIS)

  26. MBTA – Migratory Bird Treaty Act • Compliance • Avoid • Use USDA APHIS Wildlife Service • Apply for MBTA Special Purpose Permit • Known conflicts with known species • Actively harass

  27. MBTA – Migratory Bird Treaty Act • Compliance • Avoid • Use USDA APHIS Wildlife Service • Apply for MBTA Special Purpose Permit • Have a written plan to minimize harm (Keep track of take)

  28. BGEPA (Bald and Golden Eagle Protection Act) Mature bald eagle Mature golden eagle Immature bald eagle

  29. BGEPA – Bald and Golden Eagle Protection Act • Illegal to: • take, possess, or transport any bald eagle, alive or dead, w/o an USFWS permit X X X

  30. BGEPA – Bald and Golden Eagle Protection Act • Illegal: • to take, possess, or transport • Including: • feathers, eggs, nests X X X

  31. BGEPA – Bald and Golden Eagle Protection Act • Illegal: • to take, possess, or transport • Take means: • to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or ‘disturb’ X No Incidental Take Permit

  32. BGEPA – Bald and Golden Eagle Protection Act • ‘Disturb’ means: to bother a bald or golden eagle to a degree that causes, or is likely to cause 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior.

  33. ‘Take’ Summary • Fed ESA – harass, harm, pursue, hunt, shoot, wound, kill, trap, capture • OR ESA (fish/wildlife) – kill or obtain possession or control of • OR ESA (plants) – collect, cut, damage, destroy, dig, kill, pick, remove, transplant, transport, disturb • MBTA – pursue, hunt, shoot, wound, kill, trap, capture, collect • BGEPA – pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest, or ‘disturb’

  34. Questions?

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