United States Department of the Interior FISH and WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250
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United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 . Carlsbad, California 92008 In Reply Refer To: FWS-LA- l 6BOO 14-16 f 0097 APR 1 8 2016 Jeffrey Vail Fore st Supervisor Angeles National Forest 701 N. Santa Anita Ave. Arcadia, California 91006-2725 Subject: Biological Opinion on the Removal of Nonnative Vegetation from the Angeles National Forest, Los Angeles County, California Dear Mr. Vail: This document transmits the U.S. Fish and Wildlife Service's (Service) biological opinion based on our review of the proposed nonnative vegetation removal project on the Angeles National Forest and its effects on the federally endangered arroyo toad [Anaxyrus californicus (Bufo microscaphus c.)], in accordance with section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This biological opinion is based on information submitted by your agency on October 2, 2015, and information in our files. The complete project file for this consultation is maintained at the Service's Carlsbad Fish and Wildlife Office (CFWO). CONSULTATION HISTORY On February 28, 2007, the Service provided a non-jeopardy biological opinion regarding the impacts of nonnative vegetation removal in Upper Big Tujunga Canyon and Little Rock Creek on arroyo toad (Service 2007). Since this current biological opinion addresses the same activity and includes additional areas and methods, it supersedes the February 28, 2007, biological opinion, as amended. On October 15, 2015, we received some minor changes to the proposed action. On November 16, 2015, we provided a letter (l6B0014-16TA0023) documenting initiation of formal section 7 consultation as of October 2, 2015. On November 17, 2015, we provided a letter (16B0014-16I0083) concurring that the proposed action was not likely to adversely affect or would not affect the federally endangered Braunton's milk-vetch (Astragalus brauntonii), Nevin's barberry (Berberis nevinii), slender-homed spineflower (Dodecahema leptoceras), southwestern willow flycatcher (Empidonax traillii extimus), California condor (Gymnogyps californianus), least Bell's vireo (Vireo bellii pusillus), and mountain yellow-legged frog (Rana muscosa) or the federally threatened thread-leaved brodiaea (Brodiaeafilifolia), Santa Ana sucker (Catostomus santaanae), California red-legged Mr. Jeffrey Vail (FWS-LA-16B0014-16F0097) 2 frog [Rana draytonii (R. aurora d.)] and coastal California gnatcatcher (Polioptila californica californica) or their designated critical habitats and designated critical habitat for arroyo toad. On February 8, 2016, we provided a draft non-jeopardy biological opinion for the proposed project. On April 5, 2016, we received comments from the Angeles National Forest on the February 8, 2016, draft biological opinion. Comments were incorporated into the biological opinion, as appropriate. BIOLOGICAL OPINION DESCRIPTION OF THE PROPOSED ACTION Under the proposed action, nonnative plant removal could occur throughout the area displayed in Figure 1 over the next 15 years. Removal methods include manual/mechanical, fire wilting, and herbicide treatment. Herbicide treatment will occur using foliar application; spot spraying; frill or hack and squirt; cut-stump; cut, resprout, and spray; stem injection; basal bark treatment; and wicking. Herbicides including aminopyralid, chlorosulfuron, glyphosate, imazapyr, triclopyr, and fluazifop may be used. The project also includes potential pile burning and restoration via planting. Conservation measures (CM) that will benefit the arroyo toad include: CM 1. Herbicide treatment in arroyo toad occupied habitat will not occur within 100 feet of the streambank during the breeding and toadlet season. For the arroyo toad, this period is typically March 1–August 1. Reproductive seasons can be highly variable depending on weather conditions, and this restriction period may vary accordingly. CM 2. Mixing or loading of herbicides will not take place within 300 feet of any body of water or stream channel with known presence of arroyo toad. CM 3. In arroyo toad occupied habitat, glyphosate (e.g., Aquamaster®) and triclopyr TEA (e.g., Renovate 3®) application rates will not exceed 3 pounds acid equivalent (a.e.) per acre within 100 feet of the stream if surface water is present. CM 4. Use of triclopyr BEE formulation in upland areas will only occur if it is greater than 150 feet from arroyo toad occupied habitat and more than 500 feet from the active water channel of any perennial, ephemeral, or intermittent stream. CM 5. In uplands directly upslope of arroyo toad stream occupied habitat, where runoff would be delivered directly to the stream, no triclopyr BEE application will occur during the breeding season or if precipitation is occurring or imminent within 48 hours. Mr. Jeffrey Vail (FWS-LA-16B0014-16F0097) 3 CM 6. Six pounds a.e. of triclopyr BEE formulation per acre is the maximum amount that will be used in foliar and spot spray applications where runoff would be delivered directly to arroyo toad occupied stream habitat. CM 7. Crews in arroyo toad occupied habitat will not make multiple stream crossings for nonnative plant removal from both streambanks simultaneously. For example, during a work period, an individual will conduct activities along one streambank for the entire stretch before initiating activities on the opposing bank. Stream crossings will use existing features such as bridges and boulders to avoid boots in the water, as much as feasible. CM 8. In arroyo toad occupied habitat, treatment of boots and equipment will occur prior to entering the project area to reduce the potential spread of chytrid fungus, other water-borne pathogens and nonnative fauna. Disinfection of boots and equipment will be done with quaternary ammonia compounds, a 10 percent bleach solution (or another generally accepted technique) or by completely drying the equipment/boots before use in another unconnected water body. Before entry into waterways, clothing, shoes, and equipment must be inspected and cleaned to ensure they do not act as carriers of nonnative organisms into project areas. Before leaving a project area, efforts will be made to ensure that clothing and equipment are free of seeds and/or vegetative propagules of nonnative plants and any nonnative fauna. CM 9. An annual briefing will occur between the project manager and personnel implementing the project prior to project activities. The briefing will include a review of arroyo toad locations, the characteristics of arroyo toads, and all operational details (including safety issues, locations, timing, methods, herbicides approved for use, law enforcement coordination needs, awareness of other project activities in the area, and wilderness rules). If triclopyr is used, there will be an additional discussion on toxicity. Additional briefings will occur throughout the implementation period to ensure project activities comply with the project design. Training will be conducted, as needed, to ensure workers are aware of arroyo toads potentially occurring in the project area and how to recognize and avoid individuals that might be present. Additionally, all crew members will be trained on the proper response to detection of arroyo toads in the project area. CM 10. Where feasible, existing hardened surfaces or disturbed sites will be used for staging areas. Staging areas or base camps will not be established within arroyo toad occupied or suitable habitats and riparian areas. Just prior to project activities, points of access, parking, and project areas in arroyo toad occupied habitat will be marked with signs, staking, and flagging to keep project activities confined to designated areas. All project personnel will conduct work activities only within the defined work area when in arroyo toad occupied habitat. Mr. Jeffrey Vail (FWS-LA-16B0014-16F0097) 4 CM 11. All fuel containers and fueling will occur more than 25 feet from a body of water or stream channel, but fueling of more than 5 gallons will occur a minimum of 150 feet away unless prior approval has been granted by a U.S. Forest Service (Forest Service) hydrologist or biologist. CM 12. Manual removal within 100 feet of the streambank will not occur in arroyo toad occupied habitat during the reproductive season (typically March 1–August 1). CM 13. Removals that use a weed wrench, require pulling plants, or result in ground disturbance in arroyo toad occupied habitat will only occur when a biologist or other qualified individual is present. Also, crew size will not exceed five people. This will allow for close supervision and reduce the potential for impacts to arroyo toads that may be in the area. For consideration as a qualified individual, this person must obtain training on the identification and life history of the arroyo toad. All individuals participating in the removal of nonnative species will be provided with information regarding the arroyo toad and other sensitive resources in the area. Photos and other information will be shared to ensure the greatest potential for detection of any arroyo toads that may be present in the project area. CM 14. To reduce the amount of ground disturbance in arroyo toad occupied habitat, smaller plants will be pulled, and larger plants will be removed via cutting or herbicide. CM 15. If arroyo toads are observed during project implementation, activities will cease until they move or are moved to adjacent suitable habitat. Arroyo toads will be allowed to leave the project area through their own efforts or can be moved by a biologist. The Service will be notified when arroyo toads are moved. Sites for relocation will always include the nearest area of suitable habitat. Based on the general conditions within the project area, relocation sites will typically be less than 50 feet from the area being treated. CM 16. In arroyo toad occupied habitat, shovels will not be used in the removal of nonnative plants. Weed wrenches are permitted where it has been determined that other methods are not reasonable or effective. In all activities, ground disturbance will be minimized.