Desert Managers Group

Mojave River Presentation

Larry LaPré, BLM

January 15, 2004

# Outline

## Political aspect of Mojave River for the West Mojave Plan HCP

Jurisdictions and CDFG do not agree. CDFG has made three major points:

1.  The Plan should be an NCCP -- jurisdictions don't want to do this.

2.  The jurisdictions should exercise land use controls - jurisdictions
    don't want to do this.

3.  The Plan should include acquisition of lands bordering the river,
    particularly ranches owned by non-stipulating parties with water
    rights. Plan participants may not have the means to do this. The
    Plan is not primarily a land acquisition plan.

Without some contribution from the latter two, CDFDG will not issue
incidental take permits for eleven species associated with the riparian
habitat. Meetings held on these issues resulted in the jurisdictions
agreeing that the take permits were not really needed.

Without permits, there is little incentive to conserve or enhance.
However, a federal 10(a) incidental take permit is still possible.

[Opportunities for enhancement are still possible.]{.underline}

I suggest re-directing the discussion towards productive partnerships.

1.  The Mojave Desert RCD wrote a letter on the West Mojave Plan asking
    to become partners on habitat enhancement issues. Funding from
    mitigation fees and other sources could be used for tamarisk and
    Russian olive removal on private, state and federal lands.

2.  The Nature Conservancy approached BLM about initiating a Mojave
    River project.

Other possibilities: Water could be released from Lake Silverwood to
restore and enhance the upper reaches. CDFG could complete their overdue
enhancement plan. MWA could try to obtain and store or release surplus
water. BLM could contribute scattered parcels at the headwaters area.

The West Mojave Plan is not an acquisition plan. Consolidation of desert
tortoise habitat may get a jump start from the Army via Fort Irwin
expansion mitigation measures. State and federal grants (state bond
money or LWCF money) may fund Mojave River and other acquisitions.
However, the revenue stream from mitigation fees and agency annual
allocations is not sufficient to direct the Plan towards acquisition.
The need is for better management; the majority of the conserved lands
are already federally owned.

Two major habitats are addressed by the Plan: wet (riparian) on private
land and dry (blowsand) on public land.

## Wet

The final conservation measures adopted by the local government
jurisdictions are still to be resolved. The groundwater level standard
is a criterion to be met and is nearly the only instance in the West
Mojave Plan where a criterion is used rather than a specific action. (A
comparative example is the Western Riverside County HCP, which is
entirely a criteria-based plan. Other HCPs are entirely action-based.)
If the groundwater criterion is not met, the incidental take permits
would be suspended.

## Dry

BLM will conserve lands along the river for the Mojave fringe-toed
lizard. San Bernardino County will maintain the floodplain in a natural
condition, but is unwilling to require acquisition for conservation from
agricultural and rural residential landowners. Adaptive management will
be the driver for conservation of the Mojave fringe-toed lizard in this
area. Information is needed on the extent and location of occupied
habitat and on population viability in this area. The river populations
may not be [essential]{.underline} to conserve the species because other
locations may be [sufficient]{.underline}. The extent of the Mojave
River linkage between core populations, such as at Manix and Rasor is
not known at present.

**West Mojave Plan**

**Mojave River Bioregion Conservation Strategy**

The Mojave River is in many ways the most prominent landscape feature of
the West Mojave desert. The central and southeastern regions reflect the
Pleistocene history of the Mojave River, which flows from the San
Bernardino Mountains north to Barstow, then east to Soda Lake and the
Mojave National Preserve. In the last Ice Age, extending from 30,000 to
10,000 years ago, the Mojave River discharged to the south into the
Mojave Valley, Lavic Lake, Dale Lake, Bristol Lake, and other playas
extending nearly to the Colorado River. The now-dry river and playas
supported species of invertebrates, fish, amphibians, and pond turtles,
and attracted migratory birds dependent on water. Remnant populations of
these animals are still present today, and comprise many of the rare
species in need of conservation. The ancient river and lakes formed
sandy beaches and prevailing winds carried the finer particles to the
east, forming hummocks and dunes. These blowsand areas now support
unique species of insects, plants, and reptiles, including the Mojave
fringe-toed lizard, whose entire distribution can be traced to the
former path of the ancient Mojave River and Amargosa River.

The Mojave River has been substantially altered within the past 100
years by two primary human-dependent uses: 1) flood control provided by
the Mojave Forks dam, and 2) groundwater extraction within the basin.
The effects on wildlife habitat are primarily the reduction in the
extent of the riparian woodland and forest along the banks, but also
include fragmentation of habitat for the arroyo toad, interruption of
ecosystem processes associated with infrequent flooding, and drying of
associated wetlands, as at Turner Springs near Victorville. In addition,
introduction of non-native species, including fish, bullfrogs, cowbirds,
and starlings, has displaced some of the species targeted for protection
in the West Mojave Plan.

Despite these changes, the Mojave River remains an outstanding desert
stream, supporting abundant wildlife where the groundwater surfaces at
the upper and lower narrows and downstream at Camp Cady and Afton
Canyon. Endemic species, including the Mojave River vole, the Mojave
shoulderband snail, and the Mojave fringe-toed lizard are found along
the river. Limited-range species, primarily birds dependent on the
riparian habitat are a major wildlife feature. These birds are either
limited to desert riparian habitats, disjuncts with a wider overall
range, or species at the edge of their distribution. A disjunct
population of the San Emigdio blue butterfly is known from the edge of
the river near Victorville. The river also serves as a water source for
wide-ranging species, including bats, which are abundant in certain
locations. Approximately 10,000 bats of several species were detected
under the Interstate 15 bridge crossing in Victorville.

The river is used as a flyway stopover for some migratory birds, most
notably turkey vultures and Swainson's hawks. These raptors can be seen
in the spring and fall using the Regional Park as a night roost.

The Mojave River near Victorville is a West Mojave hotspot, containing
over fifteen of the species addressed by the Plan. It is also a center
of endemism, being the sole locality for the Mojave River vole and the
Mojave shoulderband snail and formerly for the Mojave tui chub.

**Existing Conservation Lands**

[County Parks]{.underline}

The Mojave Narrows Regional Park supports significant riparian habitat
which is generally managed for species protection. The Regional Parks
District leases the land from the Wildlife Conservation Board
(Department of Fish and Game).

[Education center]{.underline}

The Lewis Science Center in Apple Valley protects riparian and upland
habitat, rock outcrops for the shoulderband snail, and provides an
educational facility for the flora and fauna of the West Mojave desert.

[Military Lands]{.underline}

The Integrated Natural Resources Management Plans (INRMP) for each
military installation provide conservation for may of the covered
species in the West Mojave Plan. The Plan will recognize the protection
provided for covered species by these base management plans with the
understanding that the military mission may change, resulting in changes
to the level of conservation provided in the future. Within the Mojave
River bioregion, the INRMP for the Marine Corps Logistic Base describes
the species affected and the level of conservation provided.

[Camp Cady Ecological Reserve]{.underline}

The California Department of Fish and Game owns and operates the Camp
Cady Ecological Reserve east of Harvard Road. This site supports
mesquite thickets and riparian forest, and protects western pond turtle,
summer tanager, yellow-breasted chat, and a variety of birds of prey,
especially in winter. Adjacent public and private lands on the west
contain blowsand deposits with the Mojave fringe-toed lizard.

[Afton Canyon Area of Critical Environmental Concern]{.underline}

BLM has established an ACEC at Afton Canyon to protect the biological
and scenic values of this site. Significant restoration has taken place
at Afton Canyon, including removal of salt cedar, fencing to exclude
cattle, and relocation of the campgrounds away from the riparian zone.
Species protected in the river portion of the ACEC include western pond
turtle, yellow-breasted chat, yellow warbler, Lucy's warbler, summer
tanager, and vermilion flycatcher. The surrounding lands harbor Mojave
fringe-toed lizard, prairie falcon, golden eagle, and bighorn sheep.

[Cronese Lakes Area of Critical Environmental Concern]{.underline}

The Cronese Lakes ACEC was established to protect biological and
cultural values. The management plan recognizes the presence of the
Mojave fringe-toed lizard and the necessity of maintaining the playas,
which are used by waterfowl during wet winters. Two plant species
addressed by the plan, but not proposed for coverage by incidental take
permits, are present. These are the sand linanthus (*Linanthus
arenicola*) and the small-flowered androstephium (*Androstephium
breviflorum*). Surveys conducted in 2001 concluded that the Cronese
Lakes were not suitable breeding habitat for the snowy plover
(*Charadrius alexandrinus*).

**Other Actions**

[Critical Habitat]{.underline}

The FWS designated critical habitat for the arroyo toad (*Bufo
californicus*) at the upper reaches of the Mojave River near the Mojave
Forks dam and in a stretch of the river in Victorville, including Mojave
Narrows Regional Park. This designation has been withdrawn by court
order, and a new critical habitat designation is pending. The
Victorville reach has historical records of occurrence of the arroyo
toad, but biological surveys within the past ten years have failed to
detect this species. The upper reach on both sides of the Mojave Forks
dam is known to currently support arroyo toads. The ld Fire and
subsequent debris flows in 2003 and 2004 damaged a great deal of
occupied arroyo toad habitat in the upper tributaries.

[Manix Area of Critical Environmental Concern]{.underline}

The California Desert Conservation Area Plan established an ACEC near
Manix siding in order to protect paleontological resources. No
management plan for this ACEC was ever prepared. Although not
established to protect biological resources, the Manix ACEC may support
Mojave fringe-toed lizards, and the ACEC plan (when written) could be
amended to incorporate conservation for this species. The primary
conservation measure would be designation of routes of travel away from
the blowsand habitat.

[Biological Opinion for Flood Control Maintenance]{.underline}

The San Bernardino County Flood Control District conducts annual
maintenance activities in four "critical reaches" of the Mojave River -
Spring Valley Lakes, Victorville, Silver Lakes and Barstow. Vegetation
clearing in these areas and occasional maintenance of other areas in the
river is conducted in accordance with an existing Biological Opinion.
This BO addressed the least Bell's vireo, southwestern willow
flycatcher, and arroyo toad. Measures are incorporated into the
Maintenance Plan to remove exotic vegetation, assist in preventing
off-highway vehicles from entering Mojave Narrows Regional Park, operate
cowbird traps, and fund restoration efforts by the BLM at Afton Canyon.

[Summit Valley Habitat Conservation Plan]{.underline}

The City of Hesperia is directing the preparation of a separate Habitat
Conservation Plan for lands including the Mojave River just below the
Mojave Forks dam. This HCP will address the arroyo toad, least Bell's
vireo, and southwestern willow flycatcher. Nearly all of the occupied
arroyo toad habitat within the West Mojave Plan area is included in the
Summit Valley HCP.

[Wild and Scenic River Evaluation]{.underline}

Pursuant to a lawsuit settlement agreement, the BLM has made a Wild and
Scenic River eligibility determination for the Mojave River. This
determination stated that 2.9 miles of the river within the Afton Canyon
ACEC are eligible, and the recommended classification is "recreational".

**Conservation Plan for the Mojave River**

**Mitigation Fee**

Compensation will be required for habitat disturbance in the form of a
mitigation fee. The fee amount will be calculated based on the average
value of private lands to be acquired for the implementation of the West
Mojave Plan. Within the Habitat Conservation Area (including
Conservation Areas established for specific species or areas), the fee
amount will be calculated based on the cost to acquire five acres for
each acre disturbed (a 5:1 fee amount ratio). Outside of the HCA, the
fee amount ratio will be 1:1 for designated natural habitat, and 0.5:1
for disturbed areas. This applies to both public (BLM) lands and private
lands regulated by local jurisdictions. Construction of single-family
dwellings on legal lots are exempt outside Habitat Conservation Areas.

**Proposed Conservation Areas**

Two unique habitats within the Mojave River bioregion are in need of
conservation: the riparian forest within the floodplain, and the
blowsand habitat adjacent to the river near Hinkley and downstream
between Barstow and Camp Cady.

[Riparian forest]{.underline}

Existing wetland and riparian habitat laws and regulations are
sufficient to provide conservation of the riparian vegetation. However,
the water supply to the river is not assured. The West Mojave Plan
proposes to establish a criterion for coverage of the riparian species.
This is maintenance of groundwater levels in accordance with the
adjudication of water rights in the basin. In order to achieve this
groundwater standard, it may be necessary to purchase farmland with
associated water rights from non-stipulating parties to the judgment.
The California Department of Fish and Game is currently pursuing an
acquisition of one of the ranches along the river south of Helendale. It
is also possible that underground storage of water obtained from the
California Aqueduct in surplus years will contribute to the maintenance
of groundwater levels. The California Department of Fish and Game is
utilizing fees collected from water users throughout the basin to
prepare a plan to maintain the riparian habitat in the river. Until that
plan is complete, a specific list of actions necessary to achieve the
groundwater levels (the criterion) will not be known.

[Groundwater Criterion]{.underline}

In order to maintain the riparian habitat for the covered species within
the Mojave River bioregion, groundwater must be maintained at the
following levels:

+-----------------------+-----------------------+-----------------------+
| **Zone**              | **Well Number**       | **Maximum Depth Below |
|                       |                       | Ground**              |
+=======================+=======================+=======================+
| Victorville/Alto      | H1-1                  | Seven feet            |
+-----------------------+-----------------------+-----------------------+
| Victorville/Alto      | H1-2                  | Seven feet            |
+-----------------------+-----------------------+-----------------------+
| Lower                 | H2-1                  | Ten feet              |
| Narrows/Transition    |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Harvard/Eastern Baja  | H3-1                  | Seven feet            |
|                       |                       |                       |
| Riparian Forest       |                       |                       |
| Habitat               |                       |                       |
+-----------------------+-----------------------+-----------------------+
| Harvard/Eastern Baja  | H3-2                  | 1705 msl (Plus one    |
|                       |                       | foot)                 |
| Surface Water Habitat |                       |                       |
+-----------------------+-----------------------+-----------------------+

These water levels are derived from the judgment in the water
adjudication for the Mojave River Basin. They can be viewed as minimum
groundwater levels necessary to support riparian growth, hence must be
maintained at all seasons, especially during the warm-weather growing
season. The Mojave Water Agency was required to install new monitoring
wells to determine subsurface flow at each subarea boundary, and after
ten years to provide a report and methodology for determining subsurface
flows in the future. The judgment was based on the estimated historical
average subsurface flows across subarea boundaries.

Thirty species of plants and animals were specifically referenced in the
judgment and were assumed to benefit from the adjudication.

[Blowsand habitat]{.underline}

The dunes, sand fields, and hummocks at the edges of the river wash form
habitat for the Mojave fringe-toed lizard. Although this habitat may
have once been a continuous deposit from Helendale to Camp Cady, it now
exists in fragmented patches. Many private lands along the river edge
are devoted to agriculture, and the public ownership of the river bed
and banks is patchy. Suitable conservation areas for blowsand habitat
will be determined by further research and adaptive management. Using
public lands as a base, additional surveys can determine the most
appropriate lands for conservation and establishment of core populations
along the river. The river itself would provide a linkage between the
conserved occupied habitats. Areas near Hinkley, Yermo, and Afton Canyon
are suggested as the locations for study of establishment of
conservation areas for the Mojave fringe-toed lizard. As an initial
indication of where conservation areas might be located, specified
public lands along the river banks are designated as ACECs. The Mojave
Road, which follows the Mojave River east from the Manix ACEC through
Afton Canyon and into the Rasor Ranch Open Area, would remain open to
vehicle travel.

**Mojave River** **Bioregion**

**Covered species**

[Plants]{.underline}

Mojave tarplant (*Hemizonia mohavensis*) **Extirpated in this
bioregion**

[Reptiles]{.underline}

Desert tortoise (*Gopherus agassizii*)

San Diego horned lizard (*Phrynosoma coronatum blainvillei*)

Southwestern pond turtle (*Clemmys marmorata pallida*)

Mojave fringe-toed lizard (*Uma scoparia*)

[Birds]{.underline}

Brown-crested flycatcher *(Myiarchus tyrannulus)*

Burrowing owl (*Athene cunicularia*)

Ferruginous hawk (*Buteo regalis*)

Least Bell's vireo (*Vireo bellii pusillus*)

LeConte's thrasher (*Toxostoma lecontei*)

Long-eared owl (*Asio otus*)

Southwestern willow flycatcher (*Empidonax traillii extimus*)

Summer tanager *(Piranga rubra)*

Vermilion flycatcher *(Pyrocephalus rubinus)*

Western yellow-billed cuckoo (*Coccyzus americanus occidentalis*)

Yellow-breasted chat *(Icteria virens)*

Yellow warbler *(Dendroica petechia brewsteri)*

[Mammals]{.underline}

Mojave River vole (*Microtus californicus mohavensis*) **Endemic**

Mohave ground squirrel (*Spermophilus mohavensis*)

Bats (several species, most not subjects of incidental take permits)

**Species dropped from Incidental Take Permit Coverage**

Mojave Tui Chub (*Gila bicolor mohavensis*) **Endemic**

Bald eagle (*Haliaeetus leucocephalus*)

Red-legged frog (*Rana aurora*) **Extirpated in this bioregion**

Arroyo toad (*Bufo californicus*)