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United States Department of the Interior U.S United States Department of the Interior U.S. Fish and Wildlife Service 2321 West Royal Palm Road, Suite 103 Phoenix, Arizona 85021-4951 Telephone: (602) 242-0210 FAX: (602) 242-2513 In Reply Refer To: AESO/SE 2-21-02- F-229 August 23, 2002 2-21-98-F-266 James A. Marks, Brigadier General, U.S. Army Commanding General, U.S. Army Garrison U.S. Army Intelligence Center and Fort Huachuca Fort Huachuca, Arizona 85613 Dear General Marks: This biological opinion responds to your request for consultation with the U.S. Fish and Wildlife Service (Service) pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531- 1544), as amended (Act). Your request for formal consultation was dated July 15, 2002, and received by us on July 19, 2002. At issue are impacts that may result from activities authorized, carried out, or funded by the Department of the Army at and near Fort Huachuca (Fort), Arizona. These activities may affect the following listed species: Huachuca water umbel (Lilaeopsis schaffneriana var. recurva), southwestern willow flycatcher (Empidonax traillii extimus), Mexican spotted owl (Strix occidentalis lucida), lesser long-nosed bat (Leptonycteris curasoae yerbabuenae), Sonora tiger salamander (Ambystoma tigrinum stebbinsi), and critical habitat designated for the Mexican spotted owl and the Huachuca water umbel. This biological opinion was necessary because the 1999 biological opinion (2-21-98-F-266) covering Fort Huachuca was found deficient by the District Court of Arizona on April 11, 2002 (Center for Biological Diversity et al. vs. Donald H. Rumsfeld, Secretary of Defense, et al.; CIV99-203 TUC ACM). The 1999 biological opinion is entirely superceded by this biological opinion. The Fort requested concurrence from the Service that the proposed action may affect, but is not likely to adversely affect, the spikedace (Meda fulgida) and loach minnow (Tiaroga cobitis), both with designated critical habitat, bald eagle (Haliaeetus leucocephalus), jaguar (Panthera onca), and Canelo Hills ladies’ tresses (Spiranthes delitescens). The Service concurs with the Fort's determinations for these species. Rationale for our concurrences is in Appendix 1. We recommend that the Fort maintain a complete administrative record documenting the decision process and supporting information for “no effect determinations. This biological opinion was prepared using information from the following sources: your July 15, 2002, request for consultation; the July 2002 biological assessment for the project (ENRD 2002); the 1998 biological assessment (BA)(SAIC 1998a); the 1999 biological opinion; James A. Marks, Brigadier General, U.S. Army 2 numerous hydrological studies; and our files. References cited in this biological opinion are not a complete bibliography of all references available on the affected species, nor is it a complete review of the effects of military activities on these species. A complete administrative record of this consultation is on file in our office. Note that this opinion is intended to provide comprehensive compliance with section 7 of the Act for most or all Army activities at and near Fort Huachuca. However, aspects of the Fort’s activities not described in the “Description of the Proposed Action and not evaluated in the “Effects of the Proposed Action are not covered by this opinion. Because of the length and complexity of this opinion, a Table of Contents is included on the following pages. James A. Marks, Brigadier General, U.S. Army 3 TABLE OF CONTENTS CONSULTATION HISTORY ....................................................5 BIOLOGICAL OPINION .......................................................5 DESCRIPTION OF PROPOSED ACTION ....................................5 Location and Setting .................................................7 Military Operations, Activities, and Missions ..............................7 Administrative and Support Activities ..................................18 Aviation Activities ..................................................19 Recreational Activities ...............................................23 Realty Actions .....................................................31 Energy Initiatives ...................................................32 Programmed Facilities Development ....................................32 Training Area Activities .............................................34 Off-Post Activities Authorized or Carried Out by Fort Huachuca .............44 Conservation Measures ..............................................45 HUACHUCA WATER UMBEL ............................................70 Status of the Species ................................................70 Environmental Baseline ..............................................72 Conclusion .......................................................126 Conservation Recommendations ......................................127 LESSER LONG-NOSED BAT ............................................128 Status of the Species ...............................................128 Environmental Baseline .............................................130 Conclusion .......................................................145 Incidental Take Statement ...........................................146 Conservation Recommendations ......................................148 MEXICAN SPOTTED OWL .............................................149 Status of the Species ...............................................149 Environmental Baseline .............................................151 Conclusion .......................................................170 Incidental Take Statement ...........................................171 Conservation Recommendations ......................................173 SONORA TIGER SALAMANDER ........................................174 Status of the Species ...............................................174 Environmental Baseline .............................................176 Conclusion .......................................................182 Incidental Take Statement ...........................................182 Conservation Recommendations ......................................184 SOUTHWESTERN WILLOW FLYCATCHER ...............................185 Status of the Species ...............................................185 Environmental Baseline .............................................187 Conclusion .......................................................202 Incidental Take Statement ...........................................202 Conservation Recommendations ......................................203 James A. Marks, Brigadier General, U.S. Army 4 DISPOSITION OF DEAD OR INJURED LISTED ANIMALS ........................204 CLOSING STATEMENT .....................................................204 APPENDIX 1. CONCURRENCES .............................................235 BALD EAGLE .........................................................235 CANELO HILLS LADIES’-TRESSES ......................................236 JAGUAR .............................................................237 LOACH MINNOW .....................................................239 SPIKEDACE ..........................................................240 APPENDIX 2. PREVIOUS CONSULTATIONS .................................245 James A. Marks, Brigadier General, U.S. Army 5 CONSULTATION HISTORY The lesser long-nosed bat, listed in 1988, was the first listed species known to commonly occur at Fort Huachuca. Since that listing, the Service and the Army have conducted section 7 consultation on numerous projects at Fort Huachuca (Appendix 2). Consultations are listed chronologically, from most recent to oldest, and only documents issued by the Service are described. Most of the consultations were informal. All formal consultations were non-jeopardy biological opinions (Appendix 2). From 1988 to 1993, consultation on listed/proposed species was often combined with review of National Environmental Policy Act (NEPA) compliance documents. Since 1993, consultations have often taken the form of concurrences by the Service on determinations by the Army that their activities would not affect, or would not adversely affect listed species. As more species were listed in the area (Mexican spotted owl 1993; southwestern willow flycatcher 1995; Huachuca water umbel, Sonora tiger salamander, and Canelo Hills ladies’-tresses 1997), the need for consultation grew. The need for a programmatic consultation on all military activities authorized by Fort Huachuca was recognized as early as mid-1989; however, as consultation workloads increased, this need became greater and clearer. Work began on development of a programmatic biological assessment in 1995. This process culminated in a draft programmatic biological assessment in August 1997 and a final document (SAIC 1998a) in March 1998. This programmatic biological assessment led to the first programmatic biological opinion (USFWS 1999a). However, on April 11, 2002, the biological opinion was found to be arbitrary and capricious and contrary to law by the U.S. District Court of Arizona (CIV99-203 TUC ACM) and was vacated. Therefore, Fort Huachuca required a new biological opinion to document their compliance with the Endangered Species Act. BIOLOGICAL OPINION DESCRIPTION OF PROPOSED ACTION The action evaluated in this opinion includes ongoing and planned military operations and activities at or near Fort Huachuca (Figure 1), including the airspace currently used by the Fort, for 10 years from the date of this opinion. The time-frame
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