Endangered Species Act

1
Endangered Species Act

• Standards of Review for Determining Effects

2
Overview of Standards

• Provide the Logical Basis for the Analysis
• Reflect Services Process for Evaluating and
  Concurring with Action Agency NLAA Determinations
• Foundation is in an Analysis of Exposure and
  Response

3
Overview of Process
4
Identify and Deconstruct the Action

• Where is the geographic location?
• What is the purpose of the action?
• When is the action planned for implementation?
• How long will it take?
• What are the interrelated and interdependent
  activities (if any)?
• Are there any applicants?

5
Identify and Deconstruct the Action
Diversion
Channel across the slope
Vegetative cover
6
Identify and Deconstruct the Action
Streambank Stabilization
Grading and Shaping
Planting/ Armoring
7
Identify the Action Area

• Direct Effects
• Indirect Effects
• Action Area

8
Identify the Action Area

• Direct Effects are those that are immediate.
• Indirect Effects are those caused by or result
  from the proposed action, are later in time, and
  are reasonably certain to occur.

9
Identify Species and Critical Habitat

• Maintain current species lists
• Species and critical habitat that overlap with
  the action area
• Frames future analysis for effects determination

10
Species Biology(provides context for how species
may be affected)

• Range
• Seasonal Distribution
• Population Stability
• Population Dynamics
• Life History
• Life Stages
• Threats to the species

11
Effects of the Action

• Exposure Analysis Will a species or Critical
  Habitat be exposed to environmental effects
  (direct and indirect) of the action?
• Response Analysis If exposed, what is the
  species or Critical Habitat response?
• (insignificant or discountable or completely
  beneficial or adverse?)

12
Exposure Analysis

• Establishes the connection between a probable
  environmental effect (impact) and the species or
  critical habitat
• Is there exposure?
• What is the exposure?
• Where would it occur?
• Does exposure vary over time?

13
Exposure AnalysisFactors to Consider

• Probability
• (will an environmental effect actually occur?)
• Proximity
• (where is the effect in relation to the listed
  resource?)
• Magnitude
• (what is the severity and intensity of the
  effect?)
• Distribution
• (what is the geographic area in which the effect
  will occur?)
• Frequency
• (how often will it occur?)
• Duration
• (how long will it last?)
• Timing
• (when will it occur?)

14
Response Analysis

• Combines information in exposure analysis with
  information on the biology of the species or
  condition of Critical Habitat
• Exposure must elicit a response or reaction from
  the species or Critical Habitat

15
Response Analysis

• Action results in noise
• Noise disrupts breeding cycle
• Noise does not disrupt foraging
• Action implemented after breeding season
• Action does not illicit a response from the
  species

16
Response Analysis

• Responses can be
• Insignificant
• Discountable
• Completely beneficial, or
• Adverse
• Disruption of essential behavioral patterns
  result in negative and adverse responses
  (incidental take), regardless of long-term net
  benefits

17
Response AnalysisOther Considerations

• Effect of the action condition post-
  implementation compared to pre-implementation
• Species resiliency
• Uncertainty
• Use of best available information?
• Action modification to decrease risk?
• Incorporation of new information?

18
Example (Bull Trout) A riparian restoration
project is proposed along the Snohomish River.

• The project causes exposure because
• Bull Trout use the Snohomish River within the
  action area.
• The proposed project will increase the potential
  for sediment to be released into the River within
  the action area.

19
Example (Bull Trout) A riparian restoration
project is proposed along the Snohomish River.

• The response is insignificant and discountable
  because
• The project does not have in-water work
  components.
• The project is located above the ordinary high
  water mark of the Snohomish River.
• The project includes the planting of woody
  vegetation along the approximately 10,000 square
  feet of shoreline.
• To avoid erosion and sedimentation, earthwork
  will be limited to the summer and will be
  completed by August 31. Disturbed ground will be
  mulched and seeded.

20
Example (Bald Eagle) A riparian restoration
project is proposed along the Snohomish River..

• The project causes exposure to the bald eagle and
  bald eagle habitat because
• Noise impacts from equipment and human activity
  will occur adjacent to the Snohomish River where
  wintering and foraging bald eagles might occur.
• Suitable perching and foraging habitat occurs
  within the action area.

21
Example (Bald Eagle) A riparian restoration
project is proposed along the Snohomish River.

• The response is insignificant and discountable
  because
• Noise impacts from equipment and human activity
  will be limited to the time period between August
  15 and December 15 to avoid nesting and wintering
  activities.
• The project will not result in impacts to bald
  eagle prey species.
• No significant loss of suitable perching or
  foraging habitat will occur.
• The nearest nesting territory is approximately
  0.5 miles away and is not in line of sight.

22
Determination of Effect

• A summary of the facts that led to the conclusion
• If ALL responses are insignificant, discountable,
  or completely beneficial determination is NLAA
• If ANY response is adverse determination is LAA!

23
NLAA

• Insignificant effects relate to the size of the
  impact and should not be able to be meaningfully
  measured, detected, or evaluated.
• Discountable effects are those extremely unlikely
  to occur
• Beneficial effects are any positive effect
  without adverse effects to the speciesincluding
  short-term adverse effects.

24
NLAA

• Ultimately, NLAA and other effects
  determinations, are based on best judgment, after
  complete analysis and consideration of all the
  evidence.