4.1 PEGR PESCALCCA conservation measures 20131204_LR

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Proposed Conservation measures for:
Conservation Agreement for Graham’s and White River beardtongues
Factor: Energy exploration and development
Impacts:
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Direct mortality from surface disturbance;
Indirect disturbance from surface disturbance including increased dust, introduction and
spread of invasive, non-native plant species, and habitat fragmentation;
Community and habitat disturbance from surface disturbance including soil and
vegetation removal;
Increased dust emissions;
Restricted pollinator movement, mortality and disturbance from roads and associated
traffic, and energy emissions;
Habitat loss/fragmentation; and
Increased sedimentation and erosion.
Conservation Actions:
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Formation of a conservation team dedicated to conservation of Graham’s and White
River beardtongues which will oversee and ensure implementation of the conservation
activities listed in this document. The conservation team will meet annually to review
conservation actions and produce a report for USFWS.
o All parties signatory to this agreement have the option to have one member
assigned to a conservation team to review this agreement, and review and assess
the effectiveness and implementation of the conservation actions in this
agreement. The conservation team will also assist in the development of
monitoring plans outlined in this agreement.
o Conservation team members do not have to be signatory to this agreement. The
conservation team may also include but is not limited to the following additional
members: Heritage Program personnel, permittees, botanists, and other interested
parties as approved by consensus of the signatories.
o The conservation team will be organized within 6 months following the signature
of this agreement. Each non-federal property owner committing to this candidate
conservation agreement will be listed as a signatory on the agreement and can
participate on the conservation team.
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Designation and Management of Conservation Areas: The areas outlined in Figure 1
(TBD) and encompassed by the coordinate vertices in Appendix 1 (TBD) will be
designated as a conservation area. The areas delineated in Figure 1 were developed to
represent the range of the species, encompass varying site conditions, ensure species
stability (high density populations), maintain corridors between populations, and provide
for redundancy of the species.
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o On federal lands: Designated conservation areas (Figure 1) will be managed
with no new surface disturbance from the date this agreement is signed.
o On Non-federal lands: XXXX
o Conservation areas: If surveys identify new populations of either species, then
the conservation team may consider, by consensus agreement, modifications of
conservation area boundaries (we will need to address how and under what
criteria we will incorporate new populations that may be critical for species
conservation. We need to discuss as a group an adaptive management process to
address the conservation of high value areas that are found during future surveys
on federal and non-federal lands.). In general, future populations and
conservation area modifications should include a continuous area and connected
populations with limited fragmentation to ensure maximum connectivity between
sites.
Ecological restoration on non-federal lands: Surface disturbance may occur within a
portion of the areas designated for the conservation of Graham’s penstemon and White
River penstemon on non-federal lands if ecological restoration is planned, funded and
demonstrated to be successful on a large scale. Ecological restoration must include the
restoration of ecological processes, function, structure and components integral to the
ecosystem where the two species occur.
o In each of the proposed conservation areas (for each of the species) reference
areas not less than 45% of the designated and conserved area of occupied habitat
will be set aside in perpetuity with no surface disturbance (ie no mining and
subsequent restoration will occur) to ensure resiliency and redundancy of the
species and serve as core, secure reference populations for restoration purposes.
o A large scale (500 acres or more) restoration study must demonstrate successful
restoration of the species, its environment (ie. soils, moisture regime) and its
community components (ie pollinators, other flowering plants) prior to surface
disturbance in designated conservation areas.
o A restoration plan will be developed by the conservation team and approved by
the USFWS with goals and reference areas identified and success criteria outlined
and measured.
o Reference areas as identified in the restoration plan will be placed into a
conservation easement on non-federal lands within 1 year once a restoration plan
is developed by the conservation team and approved by USFWS.
o Factors of success will include successful recruitment of the species over at least
three generations and one drought period or 15 years whichever is longer, stable
or increasing population of recruited plants, genetic representation, lack of
inbreeding depression, suitability of substrate characteristics and intactness of
community components including pollinators and other flowering plants including
other oil shale endemics such as Dragon milkvetch (Astragalus lutosus), oilshale
columbine (Aquilegia barnebyi), Barneby’s thistle (Circium barnebyi), oilshale
cryptantha (Crypthantha barnebyi), Graham’s cryptantha (Cryptantha grahamii),
Rollins’ cryptantha (Cryptantha rollinsii), and ephedra buckwheat (Eriogonum
ephedroides). Understanding the mechanisms related to recruitment for the
species and other community components will be important to the restoration
process.
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o Restoration must take place on a separate previously occupied parcel prior to
development of designated conservation areas so that there is no net loss of
occupied habitat.
o Any surface disturbance in designated conservation areas will be approved by
consensus of the conservation team prior to disturbance.
o The restoration of the conservation area to be developed must be funded in
advance of development.
Surveys/Monitoring/BMPs
o Prior to any surface disturbance on federal and non-federal lands in suitable
habitat surveys will be conducted within the area of disturbance and out to 300
feet from the edge of the disturbance to determine species presence, population
and distribution. Surveys will follow standard survey protocol as detailed in the
US Fish and Wildlife Service (USFWS) Utah Field Office Guidelines for
Conducting and Reporting Botanical Inventories and Monitoring of Federally
Listed, Proposed and Candidate plants (2011).
o On all federal and non-federal lands the conservation team will collect seeds and
/or salvage a portion of plants from areas to be disturbed in order to ensure
genetic representation of the species.
o The BLM and other signatories will develop and implement a monitoring and
adaptive management plan, to be approved by consensus of the conservation
team. This monitoring plan will include:
 A weed management plan within and adjacent to designated conservation
areas that includes monitoring and treating invasive species
 A species monitoring plan to determine trends in plant populations across
their ranges and identify significant threats to the species.
 Solicit funding for a peer-reviewed pollinator study to determine
movement patterns, and characteristics of nesting habitat for suitable
pollinators, and characteristics of the native plant community needed to
maintain suitable habitat for pollinators, especially the masarid wasp
(Pseudomasaris vespoides)
Factor: Inadequacy of Existing Regulatory Mechanisms
Impacts:
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Lack of rangewide protection;
Loss of plants/ habitat under Federal ownership;
Loss of plants/habitat under private ownership; and
Habitat loss and fragmentation.
Conservation Actions:
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The BLM will ensure that ongoing and future Federal actions support or do not preclude
the species conservation. To that end, the BLM shall involve USFWS at their discretion
and the appropriate State agencies in National Environmental Policy Act (NEPA)
analysis as cooperators or partners for all projects likely to affect the species and its
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habitat. All projects located in designated conservation areas and their potential to
impact the species will be reported in the Conservation Team annual report to the
USFWS.
The BLM will retain Graham’s and White River beardtongues on the BLM Special Status
Species list to ensure that the effects of proposed projects are analyzed for the species.
If federal land is transferred to the state of Utah, the state agrees to maintain the
designated conservation areas and protections for the two species in the transferred
parcels.
The BLM will incorporate the provisions of this CCA or the latest amendments to this
CCA into its Resource Management Plan, permitting requirements, agency planning
documents and budgets. Within 3 months of the signature date of the CCA, BLM will
incorporate the provisions of this plan into permits and budgets. Within 1 year BLM will
incorporate the provisions of this agreement into their RMP and/or place designated
conservation areas into an ACEC.
The Conservation Team will provide an annual report on the implementation of this
agreement to USFWS and the conservation team. The report will also include monitoring
results and adaptive management recommendations.
All designated conservation areas on non-federal lands will be placed into a conservation
easement, and/or will be subject to county ordinance or state regulations or similar legal
protection as approved by USFWS within 3 months of signing this CCA.
Conservation areas on private land will only be designated for conservation with
landowner agreement as a signatory to this agreement.
Uintah County will enact an ordinance with associated enforcement protocols and
penalties that protect designated conservation areas from surface disturbance or other
adverse impacts to the species on non-federal and non-state lands within 3 months after
the signing of this CCA.
The State Institutional Trust Lands Administration (SITLA) will enact a regulation within
3 months after the signing of this CCA that will protect designated conservation areas
from surface disturbance or other adverse impacts to the species on SITLA lands
BLM will retain all land where Graham’s and White River beardtongues are present
including sites that may become extirpated.
Non-federal landowners will report plant losses due to surface disturbance or other
impacts outside of designated conservation areas to the Conservation Team which will in
turn incorporate in an annual report to the USFWS.
The Conservation team will track the loss of plants and habitat on non-federal lands as a
result of surface disturbance and report this amount the USFWS annually.
Factor: Livestock grazing
Impacts:
 Herbivory of all or part of above ground portion of vegetative portion of plant;
 Herbivory of all or part of the inflorescence;
 Trampling of plant and habitat;
 Change in community composition;
 Invasive species invasion, spread and competition; and
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Alteration of soil characteristics
Conservation Actions:
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Grazing will only occur during the winter and early spring from Oct 15-Mar 30 in BLM
allotments where the species occur.
A rest period of at least one full year every third year will occur on BLM allotments in
pastures where the species occur. Alternatively, the sites where the species occur may be
fenced and maintained to exclude grazing by livestock.
Incorporate the following terms and conditions into grazing and crossing permits to avoid
trailing, mineral licks, and water sources in suitable habitat on BLM land :
a. Locate water sources and mineral supplements at least 0.5 miles (805 m/ 2,641 ft)
away from habitat to protect the habitat and plant pollinators. These structures or
materials will be placed so that livestock are drawn away from occurrences and
trailing is avoided through occurrences en-route.
b. Prohibit trailing of livestock within the habitat. Utilize effective measures to direct
trailing outside of habitat.
c. Adjust livestock use for occupied habitat after major disturbances to provide adequate
rest from grazing. (major disturbances include fire, post-fire activities or other soil
disturbing activities).
d. The length of rest will be determined by species response as measured by rangewide
monitoring in accordance with the monitoring plan. If rangewide monitoring shows
species health is declining or not recovering then the pasture will be rested until
populations recover and plants are healthy (ie. exhibit good turgor pressure, maintain
average height, number of leaves, produce inflorescences, etc.).
Within 1 year the Conservation Team will develop, fund and implement a weed
management plan to be approved by USFWS in designated conservation areas and
adjacent lands which includes repeated annual surveys to detect invasions and treat
invasive species as soon as detected (this can be part of the rangewide monitoring plan if
appropriate).
Solicit a peer-reviewed study on how livestock grazing affects species reproduction,
recruitment, plant community, and soil characteristics (for example, an exclosure study)
to better characterize the threat and adjust grazing management.
Factor: Road construction and maintenance
Impacts:
 Direct mortality from surface disturbance;
 Invasive species invasion, spread and competition;
 Increased dust emissions;
 Restricted pollinator movement from roads; and
 Habitat loss/fragmentation
Conservation Actions:
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Outside of designated conservation areas new road construction and maintenance will be
planned to avoid sites and populations by 600 feet to ensure adequate uninterrupted
pollinator movement.
Outside of conservation areas where road construction or maintenance cannot avoid sites
or populations the road will be planned to reduce fragmentation,
If roads result in the mortality or harm of plants, the seed will be collected and deposited
with the appropriate CPC sponsored institution (Red Butte Garden and Denver Botanic
Garden).
If road construction or maintenance will disturb more than 5% of plants in a site or more
than one site then the organization responsible for construction will coordinate with the
USFWS on the project.
Within one year develop and implement a dust management and suppression plan in all
areas with exposed soils (roads, trails, well pads, surface mined areas, etc) that include
the timing and type of suppression activity to be used.
Within 1 year the Conservation Team will develop, fund and implement a weed
management plan to be approved by USFWS in designated conservation areas which
includes repeated annual surveys to detect invasions and treatment of invasive species as
soon as detected (also under energy exploration and development and livestock grazing).
Factor: Invasive weeds
Impacts:
 Invasion and establishment or non-native plants;
 Competition; and
 Community alteration
Conservation Actions:
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Within 1 year the conservation team will develop, fund and implement a weed
management plan (approved by consensus) in conservation areas which includes repeated
annual targeted surveys to detect invasions and treatment of invasive species as soon as
detected. This plan can be incorporated as part of a range-wide monitoring plan.
The weed management plan will identify treatment options for each known invasive
species in the habitat of the species, with the goal of selecting the most appropriate option
that controls weeds and minimizes adverse effects to Graham’s or White River
beardtongues and their native plant community.
The conservation team will develop and implement a monitoring protocol in the weed
management plan to determine the effectiveness of their actions.
The conservation team will review and update the weed management plan annually based
on surveys and monitoring and other information and create an annual schedule of work
targeting priority areas.
The weed management plan will develop and adopt best management practices for
preventing the spread of invasive and/or exotic plants within the designated conservation
areas on federal and non-federal lands.
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The conservation team will provide an annual report as part of the range-wide monitoring
report to the USFWS on the activities and accomplishments in controlling invasive
weeds.
Factor: Small population size
Impacts:
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Stochastic events;
Inbreeding depression;
Lower sexual reproduction; and
Loss of genetic diversity
Conservation Actions:
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Develop and implement a rangewide monitoring plan (approved by consensus of the
conservation team) to determine trends in plant populations across the range of the
species’. The plan should include continued monitoring at the current sites established
by Red Butte Gardens.
Collect seed over multiple years in all areas where the species’ are present in accordance
with USFWS and CPC guidelines for placement in storage at Red Butte Garden and the
National Center for Genetic Resources Preservation. A seed collection plan will be
developed and implemented with approval from USFWS.
Continue demographic monitoring of the species.
Also see land conservation measures in Energy Exploration and Development section.
Factor: Climate change
Impacts:
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Mortality caused by drought;
Stress, lack of reproduction and recruitment and mortality caused by shifting rainfall
patterns; and
Habitat degradation
Conservation Actions:
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As part of demographic monitoring of the species’ include a component to study the
relationship between precipitation patterns and species’ growth, reproduction and
recruitment and mortality. This may be accomplished by establishing weather
monitoring equipment at existing long-term demographic sites currently monitored by
Red Butte Gardens.
Over the life of this plan identify and designate for conservation suitable habitat that is
located on cooler, wetter slopes at higher elevations to ensure availability of future
habitat.
Factor: Wildfire
Impacts:
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Mortality;
Community composition alteration;
Post-fire response ground disturbance; and
Increased invasion and competition from invasive species
Conservation Actions:
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Any wildfire planning, response and post-wildfire actions on federal and non-federal
lands in occupied habitat will include input from the conservation team.
Factor: Off-Road Vehicles
Impacts:
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Direct mortality;
Increased dust load; and
Fragmentation of habitat
Conservation Actions:
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On federal lands, traffic will be limitied to designated routes and routes will be
considered for closure, limited use or re-routing as appropriate to gain compliance and
protect designated conservation areas.
On non-federal lands where OHV use occurs, landowners and managers will re-route
OHV use away from designated conservation areas.
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