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Endangered Species Act Section 7 Consultation Biological Opinion

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Endangered Species Act Section 7 Consultation Biological Opinion United States Department of Commerce National Marine Fisheries Service United States Department of the Interior Fish and Wildlife Service National Marine Fisheries Service U.S. Fish and Wildlife Service 510 Desmond Dr SE, Suite 103 510 Desmond Dr SE, Suite 102 Lacey, Washington 98503 Lacey, Washington 98503 NMFS Tracking No.: 2008/03598 FWS No.: 13410-2008-FWS # F-0209 July 8, 2008 Michelle Walker Corps of Engineers, Seattle District Regulatory Branch CENWS-OD-RG Post Office Box 3755 Seattle, Washington 98124-3755 Re: Endangered Species Act Section 7 Formal Consultation and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the Washington State Fish Passage and Habitat Enhancement Restoration Programmatic. Dear Ms. Walker: The enclosed document contains a joint biological opinion prepared by the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (the Services) pursuant to section 7(a)(2) of the Endangered Species Act on the proposed suite of nine restoration actions in Washington State. In this biological opinion, the Services conclude that the proposed action is not likely to jeopardize the continued existence of the following species of Endangered Species Act-listed fishes: Columbia River and Coastal-Puget Sound Interim Recovery Units of bull trout (Salvelinus confluentus), Puget Sound Chinook salmon (Oncorhynchus tshawytscha), Lower Columbia River Chinook salmon, Upper Columbia River spring-run Chinook salmon, Snake River spring/summer run Chinook salmon, Snake River fall-run Chinook salmon, Lower Columbia River coho salmon (O. kisutch), Snake River sockeye salmon (O. nerka), Puget Sound steelhead (O. mykiss), Lower Columbia River steelhead, Middle Columbia River steelhead, Upper Columbia River steelhead, and Snake River Basin steelhead. The Services have concluded that the proposed action will not result in the destruction or adverse modification of designated critical habitats for all of the above-listed species except Lower Columbia River coho salmon (for which critical habitat has not been designated). The U.S. Army Corps of Engineers is proposing to permit a total of nine categories of restoration actions throughout the state of Washington: Fish passage, installation of instream structures, - 2 - levee removal and modification, side channel/off-channel habitat restoration and reconnection, salmonid spawning gravel restoration, forage fish spawning gravel restoration, hardened fords for livestock crossings of streams and fencing, irrigation screen installation and replacement, and debris and structure removal. In your initiation letter from June 10, 2008 you also request concurrence with the effect determinations of “may affect, but not likely to adversely affect” Hood Canal summer-run chum salmon (O. keta), Columbia River chum salmon, Brown Pelican (Pelecanus occidentalis), Columbian White-tailed deer (Odocoileus virginianus leucurus), Canada lynx (Lynx canadensis), gray wolf (Canis lupus), pygmy rabbit (brachylagus idahoensis), woodland caribou (Rangifer tarandus caribou), grizzly bear (Ursus arctos = U.a. horribilis), marbled murrelet (Brachyramphus marmoratus), northern spotted owl (Strix occidentalis caurina), Oregon silverspot butterfly (Speyeria zerene hippolyta), western snowy plover (Charadrius alexandrinus nivosus), golden paintbrush (Castilleja levisecta), water howellia (Howellia aquatilis), Nelson’s checker-mallow (Sidalcea nelsoniana), Kincaid’s lupine (Lupinus sulphureus ssp. Kincaidii), showy stickseed (Hackelia venusta), Bradshaw's desert-parsley (Lomatium bradshawii), Spalding’s silene/catchfly (Silene spaldingii), Ute ladies’-tresses (Spiranthes diluvialis) and designated critical habitat. Also, in your memorandum for the services, you request concurrence with the effect determinations of “may affect, but not likely to adversely affect” for one of the nine proposed actions, forage fish spawning gravel restoration, for Coastal-Puget Sound bull trout interim recovery unit (Salvelinus confluentus), Puget Sound Chinook salmon (Oncorhynchus tshawytscha), Puget Sound steelhead (O. mykiss), Hood Canal summer-run chum salmon and designated critical habitat. The Services concurred with your NLAA actions under separate cover (NMFS Tracking No.: 2008/03600 and USFWS Tracking No.: 13410-2008-F- 0209). As required by section 7 of the Endangered Species Act, an incidental take statement prepared by the Services is provided with the biological opinion. The incidental take statement describes reasonable and prudent measures the Services considers necessary or appropriate to minimize incidental take associated with the proposed action. It also sets forth nondiscretionary terms and conditions, including reporting requirements, with which the U.S. Army Corps of Engineers must comply to carry out the reasonable and prudent measures. Incidental takings of listed species from actions by the U.S. Army Corps of Engineers that meet these terms and conditions will be exempt from the Endangered Species Act’s prohibition against such takings. This document also includes the results of our analysis of the action’s likely effects on essential fish habitat pursuant to section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), and includes two conservation recommendations to avoid, minimize, or otherwise offset potential adverse effects on essential fish habitat. These conservation recommendations are an identical subset of the Endangered Species Act terms and conditions. Section 305(b) (4) (B) of the MSA requires Federal agencies to provide a detailed written response to National Marine Fisheries Service within 30 days after receiving these recommendations. If the response is inconsistent with the essential fish habitat conservation recommendations, the U.S. Army Corps of Engineers must explain why the recommendations will not be followed, - 3 - including the scientific justification for any disagreements over the effects of the action and the recommendations. In response to increased oversight of overall essential fish habitat program effectiveness by the Office of Management and Budget, the National Marine Fisheries Service established a quarterly reporting requirement to determine how many conservation recommendations are provided as part of each essential fish habitat consultation and how many are adopted by the action agency. Therefore, in your statutory reply to the essential fish habitat portion of this consultation, we ask that you clearly identify the number of conservation recommendations accepted. If you have questions regarding this consultation, please contact Stephanie Ehinger, Fisheries Biologist in the Southwest Washington Habitat Branch of the Washington State Habitat Office, at 360-534-9341, or Martha Jensen, Fish and Wildlife Biologist in the Western Washington Office, at 360-753-9000. Or you can send email to [email protected] or [email protected]. Sincerely, D. Robert Lohn Ken S. Berg Regional Administrator Western Washington Fish And Wildlife Office Enclosure cc: Suzanne Audet, USFWS Mark Miller, USFWS Diane Concannon, King County Alex Conley, YBFWRB Michelle Cramer, WDFW Chris Drivdahl, Salmon Recovery Office Tony Meyer, RFEG Karen Streeter, Clark County Stan Walsh, Skagit River System Cooperative Endangered Species Act Section 7 Consultation Biological Opinion And Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation Washington State Fish Passage and Habitat Enhancement Restoration Programmatic Consultation Lead Action Agency: U.S. Army Corps of Engineers Consultation Conducted By: National Marine Fisheries Service and U.S. Fish and Wildlife Service Date Issued: July 8, 2008 Issued by: D. Robert Lohn Ken S. Berg, Manager Regional Administrator Western Washington Fish and Wildlife Office NMFS No.: 2008/03598 FWS No.: 13410-2008-FWS # F-0209 TABLE OF CONTENTS ABBREVIATIONS AND ACRONYMS ....................................................................................... ii INTRODUCTION .......................................................................................................................... 1 Background and Consultation History ................................................................................ 1 Description of the Proposed Action .................................................................................... 2 Implementation Process ........................................................................................ 32 Action Area ....................................................................................................................... 33 ENDANGERED SPECIES ACT .................................................................................................. 35 Biological Opinion ............................................................................................................ 35 Status of the Species ............................................................................................. 35 Status of Critical Habitat ....................................................................................... 58 Environmental Baseline ........................................................................................ 69 Effects of the Action ............................................................................................. 77 Cumulative Effects .............................................................................................. 102 Conclusion .........................................................................................................
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