Advisory Survival Guidelines for Marbled Murrelets Photo: Roy Lowe, - - PowerPoint PPT Presentation

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

• Legal Status in Oregon
• Survival Guidelines
• Advisory
• Apply only to actions on state-owned, managed, or leased lands

Photo: David Patte, USFWS

Background

Advisory Survival Guidelines

Considerations

• Factors influencing murrelet survival and reproduction
• Address key threats to Marbled Murrelet, including:
• Human activities that remove or modify suitable habitat
• Disturbance to nesting murrelets
• Increased predation of murrelet eggs or young
• Key elements include:
• Take avoidance
• Interagency coordination
• Surveys for Marbled Murrelet
• 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

• “Advisory”
• Define “approved survey” more specifically
• “Suitable habitat” definition
• Modify other definitions

Public Comment

• Amend OAR Chapter 635, Division 100, to include a new

section for Advisory Survival Guidelines for Marbled Murrelet

Staff Recommendation

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

• n the use of private land.

(ORS 496.192(1))

Northwest Oregon State Forests Elliott State Forest

State Lands Relative to Coast

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

• r 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:
• More protective measures required by federal Endangered Species Act
• Incidental take permit issued by U.S. Fish and Wildlife Service (USFWS)
• Complying with ongoing consultation with USFWS
• Reasons for forest health or public safety
• Emergency response

Photo: Rob Flowers, USFS

Forest Health: Swiss Needle Cast

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