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Petition to List the California Spotted Owl (Strix Occidentalis Occidentalis) As an Endangered Species

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Petition to List the California Spotted Owl (Strix Occidentalis Occidentalis) As an Endangered Species Petition to List the California Spotted Owl (Strix occidentalis occidentalis) as an Endangered Species Petitioners: Sierra Forest Legacy and Defenders of Wildlife August 19, 2015 August 19, 2015 Sally Jewell, Secretary U.S. Department of the Interior 1849 C Street, N.W. Washington, D.C. 20240 Secretary Jewell: Sierra Forest Legacy and Defenders of Wildlife hereby formally requests that the U.S. Fish and Wildlife Service (Service), pursuant to Section 4(b) of the Endangered Species Act of 1973, as amended (Act), 16 U.S.C. §1533(b), Section 553(3) of the Administrative Procedure Act, 5 U.S.C. § 553(e), and 50 C.F.R. § 424.14(a), list the California spotted owl (Strix occidentalis occidentalis) as an endangered species throughout its entire range, and concurrently designate any habitat that is determined to be critical habitat. This petition sets in motion and places definite response requirements on the Service, including specific time constraints. Under the provisions of section 4 of the Act, the Service must make an initial finding as to whether or not a petition to add a species to the endangered species list presents substantial information indicating that the requested action may be warranted. According to section 4(b)(3)(A) of the Act, to the maximum extent practicable, within 90 days after receiving the petition from an interested person, the Secretary shall make a finding as to whether the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. i Petitioners: Sierra Forest Legacy (formerly Sierra Nevada Forest Protection Campaign) - Our mission is to engage citizens, communities, and coalition members in the healthy management of Sierra Nevada forest ecosystems to protect and restore the region's unparalleled beauty and natural values. We apply the best practices of science, advocacy, and grassroots organizing to safeguard forest lands throughout the Sierra Nevada. Sierra Forest Legacy is a fiscally-sponsored project of Tides Center, a 501(c)(3) nonprofit organization. Defenders of Wildlife - With more than 1.1 million members and supporters, Defenders of Wildlife is a national conservation organization dedicated to protecting all native animals and plants in their natural communities. We protect and restore imperiled species throughout North America by transforming policies and institutions and promoting innovative solutions – and this approach makes a lasting difference for wildlife and habitats. Defenders employs science, public education, media, legislative advocacy, litigation, and proactive on-the-ground solutions in order to prevent the extinction of species, loss of biological diversity, and habitat alteration and destruction. Ben Solvesky Susan Britting, Ph.D. Craig Thomas Wildlife Ecologist Executive Director Conservation Director Sierra Forest Legacy Sierra Forest Legacy Sierra Forest Legacy Placerville, California Coloma, California Garden Valley, California Pamela Flick Peter Nelson California Representative Senior Policy Advisor for Federal Lands Defenders of Wildlife Defenders of Wildlife Organizational Addresses: Sierra Forest Legacy Defenders of Wildlife PO Box 244 1130 NW 17th Street Garden Valley, California 95663 Washington, DC Phone: 928-221-6102 Email: [email protected] ii Table of Contents Executive Summary……………………………………………………………………………..1 Petition Overview………………………………………………………………………………..2 Relevant Biological, Ecological, and Demographic Information Published Since May 24, 2006…………………………………………………………………………………………........2 Genetics…………………………………………………………………………………..2 Survival, Reproduction, and Dispersal………………………………………………...3 Habitat Requirements in Unburned Forests…………………………………………..4 Habitat Requirements in Burned Forests……………………………………………..10 Population Trends and Demographic Analyses………………………………………15 Threats Analysis………………………………………………………………………………...19 Factor A…………………………………………………………………………………20 Mechanical Thinning to Harvest Timber and Reduce Fuels on Public Lands……20 Post-Disturbance Logging on Public Lands and High Severity Fire in Nesting and Roosting Habitat...…………………………………………………………………...25 Reforestation…………………………………………………………………………31 Harvesting Timber and Post-fire Logging on Private Lands………………………31 Cumulative Effects of Forest Management in the Sierra Nevada…………………35 Urbanization and Development……………………………………………………..36 Factor B............................................................................................................................38 Factor C…………………………………………………………………………………38 Avian Trichomonosis……………...…………………………………………………38 Factor D…………………………………………………………………………………38 2012 Planning Rule………………………………………………………………....40 Factor E…………………………………………………………………………………41 Rodenticide Poisoning……………………………………………………………….41 Climate Change………………………………………………………………………42 Competition with Barred Owl………………………………………………………..44 Critical Habitat…………………………………………………………………………………46 Conclusion………………………………………………………………………………………48 Literature Cited………………………………………………………………………………...51 Appendices: Appendix A: California spotted owl 12-month finding of 2006, Administrative Record: Literature Cited and In Litt. Cited, Federal Register Vol. 71, No. 100, May 24, 2006, FR 29886-29908. 13 pages. Appendix B: An updated petition to list the California spotted owl (Strix occidentalis occidentalis) as a threatened or endangered species. Center for Biological Diversity and Sierra Nevada Forest Protection Campaign. September 1, 2004. 161 pages. Appendix C: Analysis methods for evaluating habitat condition and disturbance for the California spotted owl in the Sierra Nevada. Sierra Forest Legacy. 7 pages. iii Executive Summary The California spotted owl was the subject of a previous listing petition that ultimately resulted in the Service determining that listing was not warranted (Service 2006). The Service’s determination in 2006 was primarily based on three factors: (1) there was inconclusive evidence that California spotted owl populations were in decline, (2) high severity wildfire represented the greatest threat to the species, and (3) Forest Service-implemented fuels treatments did not represent a significant long-term (>20 years) threat to the species and were necessary to mitigate the long-term threat of high severity wildfire. Since 2006, a substantial body of scientific literature has been published that calls into question the basis of the Service’s 2006 not warranted determination, including: (1) conclusive evidence of a range-wide decline in California spotted owl abundance and occupancy on all Forest Service-managed lands that have been monitored for more than 20 years (Conner et al. 2013; Tempel and Gutiérrez 2013; Tempel et al. 2014a); (2) correlation between activities that reduce canopy cover (i.e., Forest Service fuels treatments) and reduced colonization, reproduction, and increased territory abandonment probabilities (Seamans and Gutiérrez 2007a; Stephens et al. 2014; Tempel et al. 2014b); (3) wildfire within territories has had no discernable effect on occupancy throughout the Sierra Nevada (Lee et al. 2012); (4) low and moderate severity burned forests maintain essential habitat characteristics and do not affect occupancy (Roberts et al. 2011); (5) mixed and high severity burned forests are used for foraging and do not represent a categorical loss of habitat (Bond et al. 2009a, Bond et al. 2013); and (6) post-fire management practices (i.e., salvage logging and industrial reforestation) on public and private lands results in the long-term degradation of foraging habitat and nesting and roosting habitat. These new data represent substantial new information on the biology, demographic trends, and threats to the species that significantly changes our understanding of the status and threats to the California spotted owl, and indicate the species is likely to become endangered or extinct in the foreseeable future. 1 Petition Overview This is the third time Sierra Forest Legacy (SFL) has petitioned the Service to list the California spotted owl as a threatened or endangered species. Our first petition was submitted in April 2000. In response to our 2000 petition, the Service determined that the California spotted owl did not warrant listing (Service 2003). This decision was based primarily on protections provided by the Sierra Nevada Framework (USDA Forest Service 2001). In January, 2004, the U.S. Forest Service amended the Sierra Nevada Framework, substantially weakening protections for the California spotted owl and old growth forests in general, and allowing the Quincy Library Group Pilot Project to be fully implemented (USDA Forest Service 2004). As a result of the weakening of the 2001 Sierra Nevada Framework, SFL petitioned the Service to list the California spotted owl in September 2004. In response to our second petition, the Service determined that listing was not warranted (Service 2006). This decision was based primarily on inconclusive demographic trend data and the idea that Forest Service fuels treatments mitigated the treat of high severity wildfire. This petition builds on information in the petition we submitted in 2004 (Appendix B) and focuses on data that has become available since the Service’s May 24, 2006, 12-month status review (Service 2006). The information below and contained in Appendix B should be reviewed together in making the 90-day finding required by the Service. Relevant Biological, Ecological, and Demographic Information Published Since May 24, 2006 This section of the petition outlines the relevant literature
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