Advisory Survival Guidelines for Marbled Murrelets Photo: Roy Lowe, USFWS
Presentation Overview • Background on today’s rulemaking • Red-line changes to Survival Guidelines from June meeting • Public Comment on proposed new rules • Recommended action Photo: David Patte, USFWS
Background Photo: David Patte, USFWS • Legal Status in Oregon • Survival Guidelines o Advisory o Apply only to actions on state-owned, managed, or leased lands
Advisory Survival Guidelines Considerations • Factors influencing murrelet survival and reproduction • Address key threats to Marbled Murrelet, including: o Human activities that remove or modify suitable habitat o Disturbance to nesting murrelets o Increased predation of murrelet eggs or young • Key elements include: o Take avoidance o Interagency coordination o Surveys for Marbled Murrelet o Protection of occupied sites Photo: NPS
Advisory Survival Guidelines Red-line Changes • Modify language to reflect that the Survival Guidelines for Marbled Murrelet are legally considered as advisory • Remove language related to endangered species management plans, and phase-in of survey requirements
Advisory Survival Guidelines Red-line Changes (continued) • Simplify the section seeking to minimize duplication and overlap of state and federal laws and regulations pertaining to listed species • Continue with recommendation for approved surveys to determine occupancy • Modify the definition of suitable habitat
Public Comment • “Advisory” Define “approved survey” more specifically • • “Suitable habitat” definition Modify other definitions •
Staff Recommendation • Amend OAR Chapter 635, Division 100, to include a new section for Advisory Survival Guidelines for Marbled Murrelet Photo: Aaron Barna, USFWS
Photo: Martin Raphael, USFS
Effect of the Oregon ESA on Private Land The Oregon Endangered Species Act does not, by itself, require an owner of any commercial forestland or other private land to take action to protect a threatened or endangered species, or impose requirements or restrictions on the use of private land. (ORS 496.192(1))
State Lands Relative to Coast Northwest Oregon State Forests Elliott State Forest
Survival Guideline (2) Take Avoidance • Focuses on measures to minimize potential for unauthorized take of Marbled Murrelets on state lands • Federal listing status of Marbled Murrelet as threatened already requires a level of protection • “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct, following the federal Endangered Species Act (16 U.S.C. 1532(19)) Drawing: Brian Woodbridge, OSU Flickr
Survival Guideline (3) Conservation Goals • Increase suitable habitat on state lands to contribute to recovery • Maintain sufficient prey resources in marine environment for survival and successful reproduction • Limit wildlife access to human food sources to help reduce nest predation • Focus on oil spill prevention, preparedness, and response Images (top to bottom): David Patte, USFWS; NPS/CSP; David Ayers, USGS; NOAA
Survival Guideline (4) Minimizing Duplication of Effort • Seeks to minimize duplication and overlap of state and federal laws and regulations pertaining to listed species (ORS 496.182(1)) • Survival guidelines may not apply if: o More protective measures required by federal Endangered Species Act o Incidental take permit issued by U.S. Fish and Wildlife Service (USFWS) o Complying with ongoing consultation with USFWS o Reasons for forest health or public safety o Emergency response Forest Health: Swiss Needle Cast Photo: Rob Flowers, USFS
Survival Guideline (5) Surveys for Marbled Murrelets • Projects that remove trees and have potential to take Marbled Murrelets shall have at least two years of surveys • Audio-visual surveys used to detect Marbled Murrelets • ‘Approved survey’ means method accepted by USFWS Photo: BLM
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