United States Department of the Interior U.S. Fish and Wildlife Service 2321 West Royal Palm Road, Suite 103 Phoenix, Arizona 85021 Telephone: (602) 242-0210 FAX: (602) 242-2513 AESO/SE 2-21-99-F-300 February 28, 2002 Mr. Karl Siderits Forest Supervisor Tonto National Forest 2324 East McDowell Road Phoenix, Arizona 85006 Dear Mr. Siderits: Attached is the final biological opinion for ongoing grazing management on 20 allotments on the Tonto National Forest. Your March 30, 1999, request for formal consultation pursuant to the Endangered Species Act of 1973, as amended, was received March 30, 1999. By letter of May 25, 1999, we requested more information and requested a 60-day extension to the 90-day consultation period. You responded to our information request by letter dated July 9, 1999, and concurred with our request to extend the consultation period. You also changed the effect determinations for the Mexican long-nosed bat (Leptonycteris nivalis) to no effect. Your letter dated February 25, 2000, changed the proposed action and the effect determinations for about 10 allotments. Also, your June 21, 2000, letter contained an amendment to the biological evaluation, and your July 11, 2000, letter provided additional information. The amendment made major changes to the proposed action. Livestock were removed from six allotments, other parts of the proposed action were changed, and many species effect determinations were changed. Because of these major changes, the date of initiation for this formal consultation is June 21, 2000, the date the biological assessment amendment was received by our office. As a result of various changes to the original biological assessment, this biological opinion now covers proposed livestock grazing on 20 allotments. We released a draft biological opinion on February 19, 2001. We received comments on that draft on June 6, 2001, and August 23, 2001. We also incorporated your March 12, 2001, and April 2, 2001, biological assessments (USDA Forest Service 2001a, USDA Forest Service 2001b) of the effects of the Forest’s ongoing grazing on critical habitat of loach minnow (Tiaroga cobitis) and spikedace (Meda fulgida) for those allotments which were already in consultation (7/K, Buzzard Roost, Christopher Mr. Karl Siderits 2 Mountain/Ellinwood, Deadman Mesa, Devil’s Canyon, H-4, Payson/Cross V, Seventy Six, Star Valley, and Tonto Basin). Our biological opinion concludes consultation on loach minnow and spikedace critical habitat for these ten allotments. The following listed species are addressed in this consultation: lesser long-nosed bat (Leptonycteris curosoae yerbabuenae), desert pupfish (Cyprinodon macularius), cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum), southwestern willow flycatcher (Empidonax traillii extimus), Mexican spotted owl (Strix occidentalis mexicana), bald eagle (Haliaeetus leucocephalus), Colorado pikeminnow (Ptychocheilus lucius), woundfin (Plagopterus argentissimus), Arizona agave (Agave arizonica), Arizona hedgehog (Echinocereus triglochidatus) bonytail chub (Gila elegans), Gila topminnow (Poeciliopsis occidentalis occidentalis), spikedace with critical habitat, loach minnow with critical habitat, and the razorback sucker (Xyrauchen texanus). We recommend that the Tonto National Forest package all reports and monitoring data required or recommended in this biological opinion into an annual report due December 1 of each year. The first annual report will be due December 1, 2002. We suggest this reporting date for all past and future opinions so that only one report would be required for all consultations, greatly simplifying your efforts to assemble this information and our efforts to assimilate it. We would like to suggest a strategy for completing consultation for remaining allotments on the Forest. We suggest a programmatic approach that would in one opinion: 1) address all remaining allotments for which grazing activities may affect listed species or critical habitat, 2) make the term of the proposed action long, for instance 10 years, and not tie it to permit issuance for individual allotments, and 3) the opinion would be programmatic in that it would address the grazing program, but all grazing and grazing-related activities (including range improvement project construction and maintenance) would be addressed and covered under section 7 to the project level. We may also want to include the 20 allotments in this new consultation for the purpose of specifically addressing range improvement projects and extending the term of the proposed action to match whatever term we agree upon for the remaining allotments. As changes in allotment management are made in the future, these changes could be addressed by amendments or reinitiation of consultation. Our experience is that such an approach is much more efficient in regard to staff time than our current approach of consulting on batches of allotments of varying term, or consultation on individual allotments. It is also the most efficient way to ensure the Forest and its permittees have adequately addressed Endangered Species Act compliance. We look forward to working with you on a programmatic grazing consultation. We have assigned log number 2-21-99-F-300 to this consultation. Please refer to that number in future correspondence on this consultation. If you have questions regarding this letter or the Mr. Karl Siderits 3 opinion, please contact Glen Knowles (602/242-0210) or Sherry Barrett (520/670-4617). We appreciate your assistance and cooperation in the completion of this biological opinion, as well as your continuing efforts in the conservation of listed species. Sincerely, /s/ David L. Harlow Field Supervisor Enclosure cc’s w/enclosure: Regional Director, Fish and Wildlife Service, Albuquerque, NM (ARD-ES) Assistant Field Supervisor, Fish and Wildlife Service, Flagstaff, AZ Office Supervisor, Fish and Wildlife Service, Flagstaff, AZ Supervisor, Arizona Fishery Resource Office, Pinetop, AZ Director, Arizona Game and Fish Department, Phoenix, AZ Regional Supervisor, Arizona Game and Fish Department, Mesa, AZ Director, Arizona Cattle Growers Association, Phoenix, AZ Center for Biological Diversity, Tucson, AZ Forest Guardians, Santa Fe, NM W:\Glen Knowles\Tonto 20 Allotment.wpd:cgg BIOLOGICAL OPINION On-going and Long-term Grazing on the Tonto National Forest Arizona Ecological Services Field Office U.S. Fish and Wildlife Service AESO/SE 2-21-99-F-300 February 28, 2002 1 BIOLOGICAL OPINION Ongoing and Long-term Grazing on the Tonto National Forest This biological opinion was prepared by the U.S. Fish and Wildlife Service (Service) based on our review of the proposed Ongoing and Long-term Grazing on the Tonto National Forest (Forest), as amended, in Arizona (Maricopa, Gila, Yavapai, Pinal counties), and its effects on the endangered bonytail chub (Gila elegans) with critical habitat, threatened loach minnow (Tiaroga cobitis) with critical habitat, endangered Colorado pikeminnow (Ptychocheilus lucius) with critical habitat, endangered razorback sucker (Xyrauchen texanus) with critical habitat, threatened spikedace (Meda fulgida) with critical habitat, endangered Gila topminnow (Poeciliopsis occidentalis occidentalis), endangered desert pupfish (Cyprinodon macularius) with critical habitat, endangered woundfin (Plagopterus argentissimus), endangered Arizona agave (Agave arizonica), endangered Arizona hedgehog cactus (Echinocereus triglochidatus var. arizonica), endangered lesser long-nosed bat (Leptonycteris curasoae yerbabuenae), threatened bald eagle (Haliaeetus leucocephalus), endangered cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum), threatened Mexican spotted owl (Strix occidentalis lucida) with critical habitat, and endangered southwestern willow flycatcher (Empidonax traillii extimus), pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended (Act). The Forest also requested Service concurrence that the proposed action may affect, but is not likely to adversely affect listed species or is not likely to jeopardize proposed or experimental, non-essential populations. The Service concurs with all of these determinations for bonytail chub, loach minnow, razorback sucker, spikedace, Gila topminnow, desert pupfish, woundfin, Arizona agave, Arizona hedgehog cactus, lesser long-nosed bat, bald eagle, southwestern willow flycatcher, Mexican spotted owl, Colorado pikeminnow, and woundfin for specific allotments. The basis for our concurrences is found in Appendix B. The American peregrine falcon was removed from the Federal list of Endangered and Threatened Wildlife on August 25, 1999 (US Fish and Wildlife Service 1999a). Federal agencies are no longer required to consult with the Service under section 7 of the Act in the event activities they authorize, fund, or carry out affect peregrine falcons. However, removal of the protection of the Act will not affect the protection afforded all peregrine falcons under the Migratory Bird Treaty Act. In addition, the Act requires monitoring of the species for at least five years after delisting. This monitoring will consist, at a minimum, of annual occupancy surveys, assessing productivity, determining contaminant concentrations, and monitoring levels of take of peregrine falcons for falconry purposes (US Fish and Wildlife Service 1998d). The Service is currently developing a monitoring plan which will be available in the near future. Since the initiation of consultation, the proposed listing for the Chiricahua dock