# Presentation: 051151

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

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

## 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

## 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

**Notes:**
Since the 2002 Farm Bill, NRCS in Texas can expect to assist private landowners in the management of at least 1 million acres of brush management each year.

## Brush Management

## 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.

## 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

## Honey mesquite (Prosopis glandulosa)

**Notes:**
These species have been identified as species of concern (problem species) by NRCS’ Texas State Technical Committee because of their possible detrimental impact on water quantity and water quality. Controlling these species is commonly believed to conserve water.
Maps prepared by Tx. Coop Ext. 
Interstate 35 selected as eastern boundary because it is an easily identifiable land feature.

## Redberry Juniper (Juniperus smallii)

**Notes:**
Native shrub that is increaser on native rangelands. Both it and Ashe juniper have the potential to form dense stands and the potential to reduce water yield from a watershed through canopy interception and transpiration. Note root spouting that occurs routinely, especially with most methods of mechanical brush management.

## Ashe juniper (Juniperus ashei)

**Notes:**
This multi-stemmed native tree/shrub can reach 35-40 feet in height and has fragrant, resinous leaves. The fruits ripen into a large, bllue, berry-like fruits which is relished by many wildlife species. The bark of mature Ashe juniper trees peels off in long, thin strips which are used by birds for nesting material

## Salt cedar (Tamarix spp.)

**Notes:**
Saltcedar is the common name for three introduced species (from Asia) of small deciduous trees or large shrubs that are causing serious problems in the desert southwest. Saltcedar invasion is a severe threat to the structure and stability of native plant communities. 

## Eleven Conservation Practices Addressed in BA

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

## Eleven Conservation Practices Addressed in BA - continued

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

## 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

## 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

## Golden-cheeked Warbler (GCW) 

**Notes:**
Small, insectivorous bird w/ wingspan of about 8 inches. The GCW nests in the juniper-oak woodland of the Texas Hill Country and winters in the pine-oak woodlands of southern Mexico and central America. Typical nesting habitat occurs in tall, dense, mature stands of Ashe juniper mixed with deciduous trees such as Texas oak, Lacey oak, white shin oak, live oak, post oak, Texas ash, cedar elm, hackberry, Arizona walnut, pecan and escarpment cherry. Hardwood composition may vary but Ashe juniper is always present. Primary threats to GCW are habitat loss and urban encroachment. Others: loss of oaks to oak wilt, nest parasitism by brown-headed cowbirds and predation and competition from urban-tolerant birds.

## Black-capped vireo (BCV)

**Notes:**
Nest from Oklahoma through central Texas to the Edwards Plateau; winter in central Mexico. Habitat is quite variable relative to plant species, soils and rainfall, but has the same overall appearance : shrub lands and open woodlands with distinctive patchy structure. Densities of Ashe juniper are generally very low. Shrub vegetation extends from the ground to about 5 feet above ground and covers about 30-60% of total area. Open grasslands separates the clumps of shrubs. BCV habitat is believed to have been created by natural disturbances in areas with rocky substrates and shallow soils. Threats to BCV include habitat loss and degradation due to residential and commercial development, habitat succession, grazing practices not conducive to BCV recovery, brown-headed cowbird parasitism and fire suppression.

## 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

## 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 T&E species

## 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”

## 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)

## Members of Consultation Workgroup w/ NRCS

- Audubon Texas
- Central Texas Cattlemen’s 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

## 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

## 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 ...

## KEYS TO SUCCESS:

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

## Many thanks to ... 

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

## Thank you for listening