Special-Status Species Policy for Oregon and Washington

This policy was issued on November 5, 1990 as OR/WA BLM Instruction Memorandum No. OR-91-57, signed by the State Director.

Wildlife, Fisheries and Botany Home Page Definitions of Special-Status Species Categories

SPECIAL STATUS SPECIES POLICY FOR OREGON AND WASHINGTON

INTRODUCTION

Public concern is increasing for rare plants and animals as evidenced by recent news articles, letters from the public interest groups, legislative consideration of a Biodiversity Act and revisitation of the 1872 Mining Law to consider other resource values. Other agencies, including U.S. Fish and Wildlife Service and U.S. Forest Service, have published sensitive species lists as an early alert for species management. The possible decline of native plants was highlighted by a 1989 Center For Plant Conservation survey, which predicted that 680 plant species native to the U.S. would become extinct by the year 2000. Many of these species occur on Bureau of Land Management (BLM) land; 22 in Oregon and Washington. The Bureau is also increasing emphasis on a proactive Wildlife Program through its Fish and Wildlife 2000 Strategic Plan, which includes management of special status plant and animal species.

This memorandum expands on requirements in Bureau Manual Sections 1734 (Inventory and Monitoring Coordination), 6600 (Inventory and Monitoring) and 6840 (Special Status Species Management). Manual 6840 describes the protection, management and conservation required for federal listed endangered (FE), threatened (FT), proposed (FP) and candidate 1 (FC1) and 2 (FC2) species and requires that BLM work with state agencies in achieving conservation goals for species designated by state governments in categories designating local rarity. (See Attachment 3 for references to current listings of species known or suspected on BLM land.) The manual further authorizes State Directors to designate sensitive species, which would be managed similarly to federal candidate species. By this memorandum the State Director is designating sensitive species for Oregon and Washington under the category “Bureau Sensitive” plus establishing two additional categories of plant and animal species (“Assessment” and “Tracking” defined in Attachment 2). Management for each of these categories is described. This approach should assist in maintaining viable gene pools while allowing flexibility under our multiple use mission.

POLICY

A. Bureau Sensitive Species (BS)

The intent of the Oregon-Washington Bureau sensitive list is for BLM to be able to respond more quickly than the Federal Register or State Listings to provide appropriate management for such species. Species eligible for addition to or deletion from the Federal Notice of Review and the State species lists are often known in advance of official publication. Generally these are species restricted in their range and which have natural or human-caused threats to their survival.

For Bureau sensitive species where lands administered by BLM or actions have a significant effect on their status (Manual 6840 .06D), it is Oregon State Office (OSO) policy that BLM Districts will protect, manage and conserve those species and their habitats such that any Bureau action will not contribute to the need to list any of these species.

1. Taxa Included. Attachment 2 lists species designated as Bureau Sensitive in Oregon and Washington by the State Director. This list includes all documented or suspected species which are not FT, FE, FP, FC1 or 2, or State Listed, which are eligible for federal or state listed or candidate status and which are: a. candidates for State Listing (plants); b. on List 1 (Threatened or Endangered throughout Range) in the Oregon Natural Heritage Data Base (ONHDB) publication: “Rare, Threatened and Endangered Plants and Animals of Oregon”; c. on the Endangered or Threatened in Washington lists in the Washington Natural Heritage program’s (WNHP) publication: “Endangered, Threatened and Sensitive Vascular Plants in Washington” and are threatened or endangered throughout their range; d. nominations from districts which are approved by the State Director (SD) by the following process.

2. Bureau Sensitive Nominations

Nominations to the State director for addition or deletion to the Bureau sensitive list may be made at any time by the District Manager with justification including why the species is/is not biologically threatened or endangered throughout all or a significant portion of its range. All nominations must include the name of the preparer and convincing written justification based on such information as number, size, distribution and trend of populations and their threats throughout the species’ known range. Nominations must contain specific documentation, which justify eligibility as BS. This should include coordination with other BLM districts having the species, other agencies, states, and organizations as appropriate.

Nominations will be reviewed by State Office staff and other District specialists, as appropriate. Discrepancies between state lists (OR and WA) and nominations will be evaluated on the basis of species’ biology and identifiable threats throughout its range. (Species eligible as BS by the appropriate WNHP or by ONHDB lists but not eligible based on abundance and threat in other states will be included as assessment species.) An evaluation summary for each Bureau sensitive nomination will be made by State Office staff for the State Director. Determination of Bureau sensitive status will be made by the State Director.

3. Management

Manual 6840 policy for candidate species (.06C) applies to Bureau sensitive species: “For those species where lands administered by BLM or actions have a significant effect on their status, manage the habitat to conserve the species.” This includes not only inventory at the appropriate time of year in advance of BLM actions (clearances) but also general inventory where needed to determine species distribution and status and monitoring to determine the species’ requirements and trends. Management plans will be prepared when necessary and active management implemented where needed to prevent listing or to conserve the species. Progress toward meeting species management objectives will be monitored periodically. Impacts by BLM actions to the population and to the species as a whole will be determined in the environmental assessment (EA) process and the species will be protected or mitigated as appropriate so as to not contribute to the need to list the species. Population/occurrence data will be reported to ONHDB/WNHP/WADFG as appropriate. Bureau sensitive species are to be included as priority species in land use plans (Manual Sections 6840.06C and 1622).

B. Assessment Species (AS)

Plant and vertebrate species, which are not presently eligible for official federal or state status but are of concern in Oregon or Washington may, at a minimum, need protection or mitigation in BLM activities. These species will be considered as a level of special status species separate from Bureau sensitive, and are referred to as assessment species (AS).

1. Taxa Included. All plant and vertebrate species known or suspected on BLM land or affected by BLM actions which are not FE, FT, FP, State Listed, FC, or BS and which are on the: a. for Oregon: ONHDB List 2 (“Threatened or endangered in Oregon but more stable elsewhere”); b. for Oregon: ONHDB List 1 species not eligible as BS; c. for Oregon: animal species (or particular populations) listed on Attachment 4, [a subset of the Oregon List of Sensitive Wildlife Species (OAR 635-100-040)]; d. for Washington and the Washington portion of the Vale District: WNHP’s “Sensitive Plant Species” list plus those species on “Threatened or Endangered in Washington” list which are not eligible as BS.

2. Activities

Animal observation, plant population and plant or animal habitat information will be recorded on sighting forms (e.g., BLM Form 6602-5, WNHP, ONHDB forms) when assessment species are located during any field inventory work (including clearances). Field survey forms (ONHDB form, WNHP form, ODFW Non-game Record Sheet or similar forms) will be completed for these species and filed with the ONHDB, ODFW (Corvallis), WNHP, or WADFG as appropriate. Clearances will be done for all assessment species subject to limitations in funding or positions (see also E. Clearances below). Impacts to the population and to the species as a whole will be determined and recommendations for the species will be considered on a case-by-case basis through the environmental analysis process in balance with other resource considerations. These species may not necessarily affect all proposed actions, but where possible, steps should be taken to protect the species.

3. Maintenance and Update of the Assessment Species Lists

District Botanists and Wildlife Biologists will maintain at the district a list of the assessment species currently known or suspected on the district and will update the list whenever the ONHDB/WNHP/WADFG list is published.

C. Tracking Species (TS)

To enable an early warning for species which may become threatened or endangered in the future. Districts are encouraged to collect occurrence data on species for which more information is needed to determine status within the state or which no longer need active management. Until status of such species changes to federal or state listed, candidate or assessment species, “tracking species” will not be considered as special status species for management purposes.

1. Species Included. Species not on FE, FT, FP, State Listed, FC, BS, or AS lists which are on the: a. for Oregon: ONHDB List 3 [“Limited in Abundance in Oregon but More Stable Elsewhere” (plants) and “Taxa of Concern in Oregon” (animals)]; b. for Oregon: ONHDB Review List (species under consideration for addition to List 1 or 2 but for which more data is needed); c. for Oregon: ONHDB Watch list (currently stable but may become threatened in Oregon in foreseeable future); d. for Oregon Species on the Oregon List of Sensitive Wildlife Species (OAR 635-100-040), and presented in ONHDB publication, which are not listed on Attachment 4; e. for Washington and the Washington portion of the Vale District: WNHP Monitor and Species of Special Concern plant lists; f. for Washington and the Washington portion of the Vale District: Lists of state monitor (SM) and special concern (SC) species of the Washington Department of Wildlife [Nongame Data Systems Special Animal Species list (May 10, 1990)].

2. Activities:

Districts are encouraged to complete a sighting form for any tracking species when encountered during any fieldwork. Use of a rare plant field survey short sighting form is recommended for plants. Districts will submit copies of these forms to the ONHDB/WNHP/WADFG as appropriate for tracking. Special protection or management is discretionary. D. Priorities

It is OSO policy that federally listed and proposed species will be given the highest priority for consideration, protection and management in all Bureau programs. Along with federal candidate species and species designated by state government as threatened, endangered or sensitive, Bureau sensitive species and their habitat will be considered priority species for inventory, planning, monitoring and management within available funding and staffing.

A summary of required and optional actions for each category of special status species is presented in Table 1 (page 1-8).

E. Applicability of Lists

Any Bureau sensitive species identified as occurring (documented or suspected) on any district is to be considered as Sensitive by all districts in Oregon and

Washington unless shown as not applicable (N) on attachment 3.

F. Clearances

Guidance for general inventories is included in Manual Sections 1734 and 6600. Additionally, any area where a Bureau action may affect any federal listed, proposed, candidate 1 or 2, state listed, Bureau sensitive or assessment species will be cleared prior to commencement of the action (Table 1, page 1-8). Impacts to these species will be evaluated through the EA process. Except for assessment species, they will be protected or mitigated and monitored in all BLM actions in conformance with other laws. See also assessment species section (B) of this memorandum for treatment of this category.

In complex habitat situations, positions or funding may be insufficient to allow adequate field clearances for assessment species prior to an action. In these situations Level 1 Inventory (Manual 1734.12 B.3.a), including data available from other federal and state agencies, State Heritage Programs, will be the minimum acceptable for clearances. In all other situations, clearances must be based on field inventory and must meet the following two criteria: 1) be done at a season appropriate to correctly identify any special status species which could occur in the subject area and 2) be done by a person(s) qualified in recognition of the special status species and their habitats known or suspected in the geographic area where they will conduct inventories. These criteria apply for in-house, other agency and contract surveys. Qualification standards will be developed by OSO.

Previously completed clearances or surveys by other agencies (e.g. State Department of Fish and Wildlife) in an area may be used only if 1) additions of species to the lists of special status species since the date of the earlier clearance (inventory) include no species likely in any habitat in the subject area or 2) Bureau funding or positions are insufficient to conduct adequate field inventory for assessment species, and 3) they meet criteria 1 and 2 above. In situations when BLM could not have planned a site inventory during the appropriate season (e.g. off-season mining plan of operations), clearances may be based solely on available office data (including that at State Heritage Programs, other federal or state agencies), occurrence of potential special status species habitat, and/or familiarity with the particular area by a qualified person (criteria 2 above). In such situations the clearance documentation must be reviewed by the appropriate District Office Specialist (Botanist, Wildlife or Fisheries Biologist).

G. Management Plans

Manual 6840 requires management plans for federal candidate and Bureau sensitive species where BLM lands or actions have a significant effect on their status (see Table 1). Districts are encouraged to review the habitats, biology, status and threats of all special status species and to develop management plans for FC, BS, and State Listed species as needed to conserve the species and habitats. Due to the variety of biological, spatial and administrative factors and differences in management needs of species, the extent of protection, study, monitoring, and management are expected to vary greatly among species. Different strategies may be needed to provide the most efficient and effective management, for example: 1) one activity plan (HMP, Allotment MP, ACEC MP) including all taxa in a particular habitat, 2) one plan including all species in a RA, or 3) species management guides covering a species’ entire range prepared jointly with other districts or agencies. All plans should include specific management objectives. They should also provide adequate information to assist in determining the location and extent of protection; acceptable mitigation (where known); monitoring plan; studies and management actions needed. General guidance may be provided in interim plans, which succinctly describe differences in species management and protection requirements.

H. Monitoring

Monitoring should be designed on a case-by-case basis (Table1) at the intensity appropriate for the monitoring objective (related to an EA, to species trend, or species/habitat management). Monitoring may include any of the following:

1. Compliance monitoring: to determine if protection and mitigation measures included in project EAs were implemented in the field;

2. Impact analysis monitoring: to determine if protection and mitigation implemented in the field achieved management objectives;

3. Research and studies: to determine biological status, taxonomic status, threats, trend, etc. by qualitative and quantitative data collection;

4. RMP/MFP monitoring: to determine if land use plan management objectives have been achieved; and

5. Endangered Species Act (ESA) monitoring: to assist U.S. Fish and Wildlife Service in meeting their monitoring requirements under 1988 amendments to the ESA. I. Special Status Species List Updates

Status changes are effective when published by the appropriate federal or state agency or heritage program database. At these times districts will update lists for all categories of species, which they maintain. Species on these source lists, which are not presently known or suspected on BLM land, should be added if their occurrence becomes likely. To consolidate the most current information on status and occurrence available from USFWS, Oregon Department of Agriculture, ONHDB, ODFW, WNHP, WADFG, and Bureau district offices, the state office will update and distribute federal listed, proposed, candidate, state and bureau sensitive species lists annually in the first quarter of each calendar year. Assessment and tracking species lists will be maintained solely at the district level and update when source documents (e.g. ONHDB, ODFW, WNHP, WADFG) are published and as new occurrence data is available.

J. Effective Date

This policy will be effective March 1, 1991 for field clearances. For planning purposes, this policy is effective immediately.

Table 1. Required (R) and optional (O) actions for special status species.

Status Species1 Clearance EA Monitor1 1Projection/ FWS

Oriented Mitigation/ Consult./

Inventory Management Tech.As’t Federal Listed 0 R R R R R

(Consult)2 Proposed 0 R R R R R Listed (Confer)2 Federal 0 R R R3 R3 R

Candidate (Tech. As’t)4 Bureau 0 R R R3 R3 0

Sensitive (Tech. As’t)4 State 0 R6 R6 R 0 0

Listed5 Assessment 0 R1 R 0 0 0

Spp. Tracking 0 0 0 0 0 0 Spp.

1. Species-oriented inventory, monitoring, assessment species field clearances and active species management are contingent upon available funding and positions.

2. For any action, which BLM determines, may affect a species or its critical habitat.

3. For those species where lands administered by BLM or actions have a significant effect on their status.

4. For any action which may contribute to the need to list a candidate or bureau sensitive species as state or federally listed.

5. Actions will be done to follow state endangered species laws and to assist the state in achieving their management objectives for those species (MS 6840.06E).

6. For officially listed plants (Oregon only) and animals (Oregon and Washington).

DEFINITIONS OF SPECIAL STATUS SPECIES CATEGORIES

Assessment Species (AS): Plant and vertebrate species not included as FT, FE, FP, FC, State Listed or BS and on List 2 of the ONHDB, on the Sensitive species list of the Washington Natural Heritage Program Data Base, and animal species (or populations) on Attachment 4 of this memorandum. Species on ONHDB List 1 or on WNHP “Threatened or Endangered in Washington” list which are not eligible as BS will be included as assessment species.

Bureau Sensitive Species (BS): In BLM Oregon-Washington, Bureau sensitive species are those taxa which are eligible for federal listed, federal candidate, state listed or state candidate (plant) status. See Attachment 1-2 section A for source lists included in this category. Species must be known or suspected to occur on lands administered by BLM or in locations where BLM actions may have an effect on their rangewide status.

Documented: Species which have been located on land administered by BLM in the District or Resource Area by a reliable source and for which BLM has knowledge of written, mapped or specimen documentation of the occurrence.

Federal Listed, Proposed, Candidate Species: See Manual 6840 Glossary under “special status species”. The current listings of these species are to be found in the April 15, 1990 list of Endangered and Threatened Wildlife and Plants (50 CFR 17.11 and 17.12), the February 21, 1990 Plant Notice of Review, the January 6, 1989 Animal Notice of Review, and subsequent Federal Register notices on individual species.

Standard abbreviations to be used are: FE = Federal Endangered; FT = Federal Threatened; FP = Federal Proposed; FC1 = Federal Candidate 1; FC2 = Federal Candidate 2.

Special Status Species: See Manual 6840 Glossary for “special status species”. In Oregon and Washington, this definition also includes assessment species.

Species: In this memo the word “species” is used broadly to include all species and infraspecific taxa (e.g. subspecies), which are recognized by the U.S. Fish and Wildlife service for consideration under the Endangered Species Act or which are presently under consideration for legitimate taxonomic status.

State Listed Species:

Oregon: Species officially listed in Oregon Administrative Rules (OAR): Oregon Department of Fish and Wildlife OAR 635-100-125; Oregon Department of Agriculture OAR 603-73-070. Bureau policy applies to these species within the State of Oregon.

Washington: Species designated by the State of Washington (WAC 232-12-011 and WAC 232- 12-014). The Washington Department of Wildlife’s May 10, 1990 list of Special Animal Species is the current list and is to be used by the Spokane District and the Washington portion of the Vale District until subsequent state lists are published. Species on this list identified as SE, ST, and SS are the only categories legally protected by the State of Washington. There are no laws or management objectives in Washington protecting plant species outside the purview of the Natural Areas Act.

Standard abbreviations to be used and applied only to species legally protected by the state are: SEW = State Endangered Washington; SEO = State Endangered Oregon; SSW = State Sensitive Washington; STW = State Threatened Washington; STO = State threatened Oregon.

Suspected: A special status species is to be considered as suspected if there is:

1. a historical sighting (e.g. as by herbarium specimen) on BLM land whether or not the species has recently been observed there;

2. presence of appropriate habitat;

3. known occurrence of the species (historically or currently) from non-BLM land in vicinity such that species could occur on BLM land or be affected by BLM actions (such as by loss of shading, pesticide spraying, water table changes).

Tracking Species: (TS): Species not identified as FE, FT, FP, FC, State Listed, BS, or AS and on List 3, the Review or Watch lists of the ONHDB, the Monitor list of the WNHP, species on the Oregon List of Sensitive Wildlife Species (OAR 635-100-040) which are not listed on Attachment 4 or the State Monitor (SM) or Special Concern (SC) categories of the Washington Department of Fish and Game Nongame Data Systems Special Animal Species. Tracking species are not necessarily considered as special status species for management purposes. Last Updated: March 27, 2003