# United States Department ofthe Interior

FISH AND WILDLIFE SERVICE

Oregon Fish and Wildlife Office 2600 SE 98th Avenue, Suite 100 Portland, Oregon 97266 Phone: (503) 231-6179 FAX: (503) 231-6195
February 7, 2009

Subject: Lists ofthreatened and endangered species that mayoccurin selected Oregon counties

To Whom

### It May Concern:

This letter accompanies a species list(s) downloaded from ourwebsite (http://www.fws.gov/oregonfwo/SpeciesiLists/RequestList.asp), which shows threatened and endangered species that may occurwithin the area ofyourproposedproject. The species list(s) fulfills the requirement ofthe US. Fish and Wildlife Service (Service) under section 7(c) ofthe Endangered Species Act (Act) of 1973, as amended (16 US.c. 1531 

### etseq.).

The purpose ofthe Act is to provide a means whereby threatened and endangered species and the ecosystems on which they depend maybe conserved. Under section 7(a)(1) and 7(a)(2) ofthe Act and pursuant to 50 CFR402 

### etseq., Federal agencies are required to utilize their authorities to carry outprograms which further species conservation and to determine whetherprojects may affect threatened and endangered species, and/or designated critical habitat. A Biological Assessment is required for constructionprojects (or otherundertakings having similarphysical impacts) that are majorFederal actions significantly affecting the quality ofthe human environment as defined in the National Environmental PolicyAct (NEPA) (42 U.S.C. 4332 (2)(c)). Forprojects otherthan major construction activities, the SerVice suggests that a biological evaluation similarto the Biological Assessmentbe prepared to determine whether they may affect listed and proposed species or critical habitats. Recommended contents ofa Biological Assessment are described in Enclosure A, as well as 50 CFR 402.12.

Ifa Federal agency determines, based on the Biological Assessment orbiological evaluation, that threatened and endangered species and/or designated critical habitat maybe affected bythe project, the agency is required to consult with the Service following the requirements ofthe regulations that implement the Act (50 CFR 402).

The county species list(s) includes a list ofcandidate species underreview for listing and those species that the Service considers "species ofconcern." Candidate species have no protection under the Actbut are included for consideration as it is possible candidates couldbe listed prior to the completion ofyourproject. Species ofconcern are those taxa whose conservation status is ofconcernto the Service (manypreviously known as Category 2 candidates), but for which further information is still needed.



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### 2 Ifa proposed project may affect only candidate species or species ofconcern, you are not required to perform a Biological Assessment orevaluation orconsult with the Service. However, the Service recommends minimizing impacts to these species to the extentpossible in orderto preventpotential future conflicts. Therefore, ifearly evaluation ofthe project indicates that itis likelyto adversely impact a candidate species or species ofconcern, your agency may wishto request technical assistance from this office.

Ifyourproject includes communications orcell towers, you should be aware that migratory birds, another ofourTrust Resources, can suffer significant mortality from collisions with towers. Furtherinformation onthis issue can be obtained from the following web sites: http://migratorybirds.fws.gov (Click on "issues"), andhttp://www.towerkill.com. Please refer to the recently approved Service Guidance on the Siting, Construction, Operation and Decommissioning ofCommunications Towers (http://www.fws.gov/migratorybirds/issues/towers/comtow.html). We recommend its application to relevant projects. We also recommend the tower site evaluation form (found on the guidance webpage), whichyou may find useful in helping to determine the effectsofyour proposed project to endangered species and migratory birds.

The bald eagle (Haliaeetus leucocephalus) has recovered and was removed from the Federal List ofEndangered and Threatened Wildlife and Plants in 2007. The bald eagle occurs in all Oregon counties, and the species continues to be protected under the Bald and GoldenEagle Protection Act. For more information onbald eagles, and for the Service's "National Bald Eagle Management Guidelines," please visit the Service's regional webpage devoted to the bald eagle {http://www

.fws.gov/pacific/eagleD.

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to investigate opportunities for incorporating conservation ofthreatened and endangered species into projectplanningprocesses as a means ofcomplying withthe Act. Please include a copy ofthis letter and any species lists downloaded from ourwebsite with any request for consultation or correspondence about your projectthat you submitto our office. If you have questions regarding your responsibilities under the Act, please contact CatBrown at (503) 231-6179. For questions regarding listed salmon and steelhead trout, please contact NOAA Fisheries Service, 525 NE Oregon Street, Suite 500, Portland, Oregon 97232, (503) 230­ 5400.

Enclosure A3 ENCLOSURE A

RESPONSIBILITIES OF FEDERAL AGENCIES UNDER SECTION 7(a) and (c) OF THE ENDANGERED SPECIES ACT

SECTION 7(a) Consu]tationJConference

Section 7(a) ofthe Act requires:

1. Federal agencies to utilize their authorities to carry out programs to conserve endangered and threatened species; 2. Consultation with the U.S. Fish andWildlife Service (Service) when a Federal action may affect a listed endangered orthreatened species ordesignated critical habitat to insure that any action authorized, funded orcarried outby a Federal agency is not likely tojeopardize the continued existence oflisted species orresult in the destruction or adverse modification ofdesignated critical habitat. The process is initiated by the Federal agency after it has determined ifits action may affect a listed species; and 3. Conference withthe Service when a Federal action is likely tojeopardize the continued existence ofa proposed species orresult indestruction or adverse modification of proposed critical habitat.

SECTION 7(c) Preparation ofa Bio]ogica] Assessment

Section 7{c) ofthe Actrequires Federal agencies ortheir designees to prepare a Biological Assessment (BA) for constructionprojects. l For actions that are not constructionprojects, we recommend that a biological evaluation similarto a BA beprepared to evaluate the effects ofthe proposed project on listed and proposed species and critical habitats. The purpose ofthe BA or biological evaluation is to identify listed and proposed species which are likelyto be affected by
a proposed project. The process is initiated by a Federal agency byrequesting a list ofthreatened and endangered species and critical habitats. The BA orbiological evaluation should be completed within 180 days after its initiation (orwithin such a time period as is mutually agreeable). Ifthe BA is not initiated within 90 days ofreceipt ofthe species list, the accuracy of the species list shouldbe informally verified withthe Service. No irreversible commitment of
resources is to be made during the preparation ofthe BA which would foreclose reasonable and prudent alternatives tojeopardyto listed species. Planning, design, and administrative actions maybe taken; however, no construction maybegin.

A biological assessment orbiological evaluation should include the following information:

1. Description ofproposed action (project). Describe the following and attach anyrelevant maps, diagrams, ordesigns;
• Who is proposing the action?
• Where is the action? Be as specific as possible. Include maps, county, township, range, stream, and anyotherpertinent information.
• What is the proposed action? Describe what is planned, the objectives ofthe action, include designs, diagrams, andbestmanagementpractices applied, etc.
• How is the action going to be implemented? Give specific details, such as whattype

1A construction project (or other undertaking having similar physical impacts) is a major Federal action significantly affecting the quality ofthe human environment as referred to in NEPA (42 U.s.c. 4332. (2)c.

### 4 ofequipment is used, how the action area will be accessed, etc.
• When will the action be implemented?


### 2. Description oflisted and proposed species and critical habitat, status, distribution and habitat use by the species in theproject area. Identify which listed, proposed and candidate species and critical habitats may potentiallybe affected (beneficiallyor adversely) bythe action. Describe how the species use the project area. Assistance with this information canbe obtained from local offices ofthe Service.


### 3. Description ofthe action area. Describe all areas affectedbythe proposedproject. The action area refers to the area directly or indirectly affectedbytheproposed action; this area will usuallybe larger than the project footprint. Include on-site inspection or survey data, views ofrecognized experts (e.g., ODFW), and literature reviews. '


### 4. Effects oftheproposed action on listed and proposed species and designated or proposed critical habitat. Describe indetail the effects ofthe action on the species and theirhabitats including direct and indirect effects, as well as effects that are interrelated and interdependent effects. Summarize your analysis ofall project effects.


### 5. Description ofmeasures to minimize effects to listed species, and proposedproject monitoring. Describe methods to be used to avoid, minimize andcorrectadverse short and long-term effects. Describe what will bemonitored, who will monitor and the frequency ofmonitoring.



### 6. Determination ofeffect. Clearly state your final effects determination for each listed and proposed species and designated andproposed critical habitat. Effects determinations maybe:
• no effect
• may affect, not likelyto adversely affect (appropriate for actions that have only beneficial, insignificant, or discountable effects)
• may affect, likelyto adversely affect (appropriate for actions with effects to listed species ordesignated critical habitat that are not entirelyinsignificant, discountable or whollybeneficial)



### 7. Attachments. Attachments should include all relevant information supporting the above categories such as maps, projectdesign, drawings, specifications, pollution controlplan, photos ofproject site and adjacent area, site surveydata, and literature cited.

Formore information onconsultation under section 7 ofthe Endangered Species Act, visit the Service's national consultation website at http://www.f:Ws.gov/endangered/consultations/index.html

.FEDERALLY LISTED, PROPOSED, CANDIDATE SPECIES AND SPECIES OF CONCERN UNDER THE JURISDICTION OF THE FISH AND WILDLIFE SERVICE WHICH MAY OCCUR WITHIN LANE COUNTY, OREGON



## LISTED SPECIES

Birds Marbled murrelet Western snowy (coastal) plover Brown pelican Short-tailed albatross Northern spotted owl Fish Inland: Oregon chub Bull trout Invertebrates Insects: Fender's blue butterfly Oregon silverspot butterfly
Plants Willamette daisy Bradshaw's desert parsley Kincaid's lupine 

## PROPOSED SPECIES

None No Proposed Endangered Species No Proposed Threatened Species 

## CANDIDATE SPECIES

Birds Streaked horned lark Reptiles and Amphibians Inland: Oregon spotted frog 

## SPECIES OF CONCERN

Mammals Pallid bat White-footed vole Red tree vole Brachyramphus marmoratus Charadrius alexandrinus nivosus Pelecanus occidentalis Phoebastria albatrus Strix occidentalis caurina

Oregonichthys crameri Salvelinus confluentus

Icaricia Icarloides fenderi Speyeria zerene hippolyta

Erigeron decumbens var. decumbens Lomatium bradshawii Lupinus sulphureus ssp. kincaidii

Eremophila alpestris strigata

Rana pretiosa

Antrozouspallidus pacificus Arborimus albipes Arborimus longicaudus CHT CHT E E CHT

E CHT

CH E CHT

CH E E CHT

PE PT

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Townsend's western big-eared bat California wolverine Silver-haired bat Long-eared myotis bat Fringed myotis bat Long-legged myotis bat Yuma myotis bat Camas pocket gopher
Birds Northern goshawk Western burrowing owl Black tern Olive-sided flycatcher Black oystercatcher Harlequin duck Yellow-breasted chat Acorn woodpecker Lewis' woodpecker Mountain quail Band-tailed pigeon Oregon vesper sparrow Purple martin Reptiles and Amphibians Northern Pacific pond turtle Coastal tailed frog Oregon slender salamander Northern red-legged frog Foothill yellow-legged frog Cascades frog Southern torrent (seep) salamander
Fish Malheur mottled sculpin Pacific lamprey Coastal cutthroat trout
Invertebrates Insects: Tombstone Prairie farulan caddisfJy Tombstone Prairie oligophlebodes caddisfly Insular blue butterfly One-spot rhyacophilan caddisfly
Plants Pink sand-verbena Crenulate grapefern Cliff paintbrush Cold-water corydalis Willamette Valley larkspur Peacock larkspur Corynorhinus townsendii townsendii Gulo gulo luteus Lasionycteris noctivagans Myotis evotis Myousthysanodes Myotis volans Myotis yumanensis Thomomys bulblvorus

Accipitergent/lis Athene cunicularia hypugaea Chlidonias niger Contopus cooperi Haematopus bachmani Histrionicus histrionicus Icteria virens Melanerpes formicivorus Melanerpes lewis Oreortyxpictus Patagioenas fasciata Pooecetes gramineus aftinis Progne subis

Actinemys marmorata marmorata Ascaphus truei Batrachoseps wrighti Rana aurora aurora Rana boylii Rana cascadae Rhyacotriton variegatus

Cottus bairdissp. Lampetra tridentata O(lcorhynchus clarkissp

Farula reaperi O/igophlebodes mostbento Plebe jus saepiolus insulanus Rhyacophila unipunctata

Abronia umbel/ata ssp. breviflora Botrychium crenulatum Castilleja rupicola Corydalis aquae-ge/idae Delphinium oreganum Delphinium pavonaceum
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Wayside aster Eucephalus vialis Shaggy horkelia Horkelia congesta ssp. congesta Thin leaved peavine Lathyrus holochlorus Frye's Limbella Limbella fryei Snake River goldenweed Pyrrocoma radiata Whitetop aster Sericocarpus rigidus Henderson's checker-mallow Sidalcea hendersonii Hitchcock's blue-eyed grass Sisyrinchium hitchcockii 

## DELISTED SPECIES

Birds American Peregrine falcon Falco peregrinus anatum Bald eagle Haliaeetus /eucocepha/us

Definitions:

Listed Species: An endangered species is one that is in danger of extinction throughout all or a significant portion of its range. A threatened species is one that is likely to become endangered in the foreseeable future. Proposed Species: Taxa for which the Fish and Wildlife Service or National Marine Fisheries Service has published a proposal to list as endangered or threatened in the Federal Register.
Candidate Species: Taxa for which the Fish and Wildlife Service has sufficient biological information to support a proposal to list as endangered or threatened. Species of Concern: Taxa whose conservation status is of concern to the U.S. Fish and Wildlife Service (many previously known as Category 2 candidates), but for which further information is still needed. Such species receive no legal protection and use of the term does not necessarily imply that a species will eventually be proposed for listing.
Delisted Species: A species that has been removed from the Federal list of endangered and threatened wildlife and plants.
Key:

E Endangered T Threatened CH Critical Habitat has been designated for this species PE Proposed Endangered PT Proposed Threatened PCH Critical Habitat has been proposed for this species

Notes:

Marine & Anadromous Species: Please consult the National Marine Fisheries Service (NMFS) (http://www.nmfs.noaa.gov/prlspecies/) for marine and anadromous species. The National Marine Fisheries

Last Updated February 7,2009 (2:40:15 PM) U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office Page 30f4FEDERALLY LISTED, PROPOSED, CANDIDATE SPECIES AND SPECIES OF CONCERN LINDER THE JURISDICTION OF THE FISH AND WILDLIFE SERVICE WHICH MAY OCCUR WITHIN LANE COUNTY, OREGON

Service (NMFS) manages mostly marine and anadromous species, while the U.S. Fish and Wildlife Service manages the remainder ofthe listed species, mostly terrestrial and freshwater species.

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