Proposed Conservation measures for: Conservation Agreement for Graham’s and White River beardtongues Factor: Energy exploration and development Impacts: Direct mortality from surface disturbance Indirect disturbance from surface disturbance including increased dust, introduction of invasives and fragmentation Community and habitat disturbance from surface disturbance including soil and vegetation removal Invasion and spread of non-native species, competition with natives Increased dust emissions Restricted pollinator movement/loss/disturbance from roads and energy emissions Habitat loss/fragmentation Conservation Actions: Formation of a conservation team dedicated to conservation of Graham’s and White River beardtongues which will oversee and ensure implementation of conservation activities listed in this document. The 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 memebers: Heritage Program personnel, permittees, botanists, and other interested parties. 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. Designation of Conservaton Areas: The area outlined in Figure 1 (TBD) and encompassed by the coordinate vertices in Appendix 1 (TBD) will be designated and conserved as a conservation area with no new surface disturbance from the date this agreement is signed (except for restoration as discussed below). o On federally managed lands: Designated areas in Figure 1 will be conserved on public lands as conservation areas with no new surface disturbance from the date this agreement is signed. o On federal lands: New conservation areas may be designated by the conservation team and USFWS for no new surface disturbance once surveys are completed or if new information shows that certain areas are important for the species recovery, genetic representation, stability or to preclude listing. As new areas are incorporated and/or the known population increases previously designated conservation areas may be released for development only in consultation with the USFWS and when it still allows for species recovery. o On non-federal lands: New conservation areas may be recommended by the conservation team and USFWS for conservation if new information shows that certain areas are important for the species recovery, genetic representation, stability or to preclude listing. As new areas are incorporated and the known population increases on non-federal lands designated conservation areas on nonfederal lands may be released for development by USFWS only in consultation with the USFWS and when it still allows for species recovery. Landowner approval will be gained prior to designating any additional land on non-federal land. o Future populations and sites selected to be conserved will include a continuous area and connected populations with no incursions or 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. 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 to designated conservation areas. o In each of the proposed critical habitat units (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 restoration plan will be developed by the conservation team and approved by the USFWS with 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 of when 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 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. 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 USFWS 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 Federal lands where the species occurs outside of designated conservation areas, no surface disturbance will occur within 300 feet of plants to maintain adequate pollinator movements and prevent disturbance from dust. 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 the USFWS. 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: Lack of rangewide protection Loss of plants/ habitat under Federal ownership Loss of plants/habitat under private ownership Habitat loss and fragmentation Conservation Actions: 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 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 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 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. In suitable habitat that has not been designated as a conservation area BLM will ensure that all leases contain provision to survey for and protect Graham’s and White River beardtongues by a buffer of 300 feet as well as other conservation measures as described in the Vernal BLM RMP Appendix L. 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 Alteration of soil characteristics Conservation Actions: 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. 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. Incorporate the following terms and conditions into grazing and crossing permits to avoid trailing, mineral licks, and water sources in critical 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 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). 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 Habitat loss/fragmentation Conservation Actions: 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. Where road construction or maintenance cannot avoid sites or populations the road will be planned to reduce fragmentation. Where roads are to be constructed in occupied habitat seed from plants to be destroyed will be collected and deposited with the appropriate CPC sponsored institution (Red Butte Garden). If road construction or maintenance will disturb more than 10% 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 Competition Community alteration Conservation Actions: Within 1 year the Conservation team will develop, fund and implement a weed management plan approved by the USFWS 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. 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: Stochastic events Inbreeding depression Lower sexual reproduction Loss of genetic diversity Conservation Actions: Develop and implement a rangewide monitoring plan approved by USFWS 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 Gradens. 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. Also see land conservation measures in Energy Exploration and Development section. Factor: Climate change Impacts: Mortality caused by drought Stress, lack of reproduction and recruitment and mortality caused by shifting rainfall patterns Habitat degradation Conservation Actions: 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: Mortality Community composition alteration Post-fire response ground disturbance Increased invasion and competition from invasive species Conservation Actions: Any wildfire planning, response and post-wildfire actions on federal and non-federal lands in occupied habitat will include input form USFWS. Factor: Off-Road Vehicles Impacts: Direct mortality Increased dust load Fragmentation of habitat Conservation Actions: On federal lands existing roads in designated conservation areas 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.