Texas NRCS Consultation Section 7 a 2 of ESA

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Texas NRCS Consultation Section 7 (a) (2) of ESA

• Susan Baggett
• State Resource Conservationist
• USDA-NRCS, Texas

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ESA Consultation in TX

• Two Biological Opinions in place as result of two
  consultation processes
• Leon River Restoration Project (2004) 773,000
  acres in 2 counties in central Texas
• Statewide brush management project (2005) 25
  millions acres in 62 counties west of I-35 in
  Texas

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Brief Background

• Increased funding of Farm Bill programs
• Locally-led processes indicated increasing
  interest in brush management
• Culture of strong private lands rights
• Presence of T E Species

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Brush Management
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GM 190.410.22

• (e)(5) Section 7 (a)(2) of the ESA
• (i) NRCS is required to consult with the
  Services when NRCS financial assistance will be
  provided to landowners for implementing planned
  practices for which a may affect determination
  has been made.

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Initiate the Process

• Working with the workgroup, NRCS assessed plant
  and animal species listed as threatened or
  endangered whose range coincided with the range
  of the 4 target brush species

• 2 birds
• 2 insects
• 6 fish
• 1 reptile
• 2 amphibians
• 16 plants

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Honey mesquite (Prosopis glandulosa)
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Redberry Juniper (Juniperus smallii)
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Ashe juniper (Juniperus ashei)
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Salt cedar (Tamarix spp.)
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Eleven Conservation Practices Addressed in BA

• Brush Management
• Mechanical
• Chemical
• Prescribed Burning
• Firebreak
• Prescribed Grazing
• Fence

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Eleven Conservation Practices Addressed in BA -
continued

• Grazing Land Mechanical Treatment
• Pipeline
• Pond
• Range Planting
• Upland Wildlife Habitat Management
• Watering Facility

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Seven 2002 Farm Bill Programs Addressed

• Conservation Security Program
• Environmental Quality Incentive Program
• Farm and Ranch Lands Protection Program
• Grassland Reserve Program
• Grazing Lands Conservation Initiative
• Wetland Reserve Program
• Wildlife Habitat Conservation Program

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Biological Assessment

• During the biological assessment process, the
  NRCS determined that a proposed program action -
  i.e. brush management on these four brush species
  - may affect two of the species assessed - the
  GCW and BCV
• NRCS requested consultation from USFWS under
  Section 7(a) (2) of ESA

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Golden-cheeked Warbler (GCW)
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Black-capped vireo (BCV)
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Summary of Provisions of BO

• Specific acreages of GCW and BVC habitat allowed
  as incidental take
• Maximum acreages set for all recovery areas
• Reasonable and prudent measures described
• Habitat ID and treatment guidelines established
  for BCV and GCW

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Summary of Provisions of BO-cont.

• Required habitat management plan written for each
  program participant by biologist of NRCS or state
  wildlife agency
• Includes accelerated training of NRCS employees
  and partners on identification of all TE species

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Summary of Provisions of BO -cont.

• NRCS, landowners, and brush contractors are
  required to attend training on habitat ID and
  treatment criteria
• Duration of biological opinion is for all
  contracts funded prior to the expiration of the
  2002 Farm Bill

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PROCESS RECAP

• Meeting called by state Sec of Ag
• Workgroup formed, led by NRCS
• NRCS worked with workgroup to develop biological
  assessment (BA)
• BA presented to USWFS
• USFWS issued Biological Opinion (BO)

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Members of Consultation Workgroup w/ NRCS

• Audubon Texas
• Central Texas Cattlemens Association
• Environmental Defense
• Texas Cooperative Extension
• Texas Department of Agriculture
• Texas Farm Bureau
• Texas Parks and Wildlife Department
• The Nature Conservancy
• Texas Wildlife Association
• US Fish and Wildlife Service

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Time Frame

• Leon River Restoration Project 80 days
• Statewide Brush Management Project 256 days
• Varied with size of project area, complexity of
  resources, amount of available resource
  information and experience level of key players

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Is it worth the investment?

• Absolutely, unequivocally YES!
• It is a WIN-WIN process
• Now I just have to convince the rest of the State
  Leadership Team with NRCS in TX of that

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KEYS TO SUCCESS

• Partnerships
• Trust
• Communication
• Willingness to collaborate
• High-quality technical information
• Strong desire to move forward
• Ability to implement provisions

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Many thanks to

• Gary Valentine, State Biologist for NRCS in Texas
  (retired 11/1/2004)

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Thank you for listening