Discussion of California Condors and Habitat Conservation Planning in the Tehachapi Wind Resource Area. Friday - April 7, 2017 Mojave, CA

Transcription

1 Discussion of California Condors and Habitat Conservation Planning in the Tehachapi Wind Resource Area Friday - April 7, 2017 Mojave, CA

2 Meeting agenda Introductions Presentation by USFWS: setting the stage Discussion of questions provided by the wind operators Next steps

3 California condor iconic species Largest landbird in NA foot wingspan Compelling conservation story

4 California condor - life history Adept fliers soaring birds - long distance flights - use of winds/lift along ridgelines Long lifespan - up to 60 years Low reproductive output - breed at 5-7 years age - nest every 2 years

5 California condor: status timeline 1800s: found throughout W. NA 1940: species range reduced to So. California 1967: ESA listed Endangered 1987: all condors in captivity 1992: reintroduction into the wild 2016: >400 condors overall with ~80 birds in the So. California flock California condor range in 1800s

6 California condor: status So. California flock 70 Number of Condors Wild Fledged Captive Released Total Population

7 California condor: threats lead poisoning micro-trash electrocution collision habitat modification other: predation, poaching, disease

8 California condor: recovery goals For downlisting (endangered to threatened) 2 geographically distinct self-sustaining populations - each with >150 birds and at least 15 breeding pairs Continued maintenance of captive condor populations Progress!! Currently >150 birds in the larger California population [not self-sustaining] So. California flock 8 captive-reared condors released into the wild in condor pairs nested in nests fledged chicks

9 So. California flock movements Trapping/tracking efforts In 2016 trapped 66 of 77 (86%) condors targeted Currently 96% of birds wearing tracking equipment and 30% with GPS-tags Expanding range of movements Tehachapi Mountains with largest concentration of condor activity

10 Tehachapi Wind Resource Area 27 different condors detected perched/flying within 2-miles of turbines in 2016 Majority of detections occurred between months of July-October

11 Tehachapi Wind Resource Area Total of 527 condor days when a bird was within 2-mi of turbines Mean of ~20 days per bird (27 GPS-tagged condors) 24 of 27 GPS-tagged condors near wind projects with flight speeds suggesting stationary locations (i.e., perching) SB# Stationary locations? (y/n) Number of individual days active within 2mi of a wind turbine 20 y y 9 98 y y y y y y y n y y y y y n y y y y y y n y y y y 3 Total 24(y) 527

12 Factors contributing to risk Increased range of movements as flock size increases Presence of food sources (large animal carcasses) Presence of water sources Social birds (e.g., group foraging)

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25 Avoidance/minimization approaches Detection and curtailment Human observers Automated machine vision systems Geo-fence (tagged birds) Radar

26 ESA Section 9 prohibitions Section 9 of the ESA prohibits take of any fish or wildlife species listed as endangered. Take is defined in section 3 as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.

27 ESA Section 10(a)(1)(B) Congress recognized the need for a process to reduce conflicts between listed species and economic development, so it amended the ESA in 1982 to add an exemption for incidental take of listed species that would result from non- Federal activities. Incidental take is that which is incidental to, and not the purpose of, carrying out an otherwise lawful activity.

28 ESA Section 10(a)(1)(B): Habitat Conservation Plan (HCP) A Habitat Conservation Plan (HCP) is a required part of an application for an Incidental Take Permit An HCP must specify the impacts that are likely to result from the taking, the measures the permit applicant will undertake to minimize and mitigate such impacts, and the funding that will be available to implement such measures. Issuance criteria - Impact of the taking is minimized and mitigated to the maximum extent practicable. - Issuance of permit will not jeopardize the continued existence of the species

29 Why an HCP? The intent of an HCP is to resolve conflicts between conservation of listed species and otherwise lawful activities on non-federal lands Section 10(a)(1)(B) provides certain regulatory assurances to permittees - Example: No Surprises assurances essentially means a deal is a deal. As long as a permittee is properly implementing the HCP, the Service will not impose additional requirements or restrictions

30 Considerations for an HCP Clear definition of goals and objectives Structure - Who holds the permit? - How is take allocated? Funding - applicant sourced - Section 6 grants Term (length of time) of the permit COORDINATION

31 Benefits of a group HCP Efficiencies of scale - costs of HCP development - HCP implementation costs - biological resource conservation Examples: - Allocation of take spread across permit area - Efficiencies of avoidance/minimization efforts - Effectiveness of financial contributions to mitigation efforts - e.g., captive rearing program, lead abatement efforts, research and education programs

32 Questions provided by wind operators HCP DETAILS: o Who would be considered the Applicant in the event a regional condor HCP and permit were pursued? o If an HCP were developed, what would happen if another company wanted to join (or abandon) the effort during development of the HCP? o How would covered lands, permit area, and covered activities be defined? o Who would draft the HCP? o Is there an anticipated take limit and permit term, and how would take be allocated across all permittees/projects? o Would condor be the only covered species, and if so, how would the Service handle other listed species within the permit area? How would golden eagles be treated, especially as it pertains to the otherwise lawful provision and new eagle permit regulations? How will the Service address the state fully protected species issues?

33 Questions provided by wind operators HCP DETAILS cont. o Would any new data be required if an HCP were developed? o How would a condor HCP affect or interact with the DRECP? o How would CDFW, Kern County, and other relevant agencies (e.g. BLM) be engaged in this process? Has any outreach occurred to these agencies to-date? o If take of a condor were to occur at a participating project during HCP development, how would the Service handle that situation? o What type of NEPA analysis would be expected for a condor HCP and how would the federal action be defined? o What NHPA/tribal cultural resources consultation/agreements would be required? o Would projects be evaluated individually based on degree of risk, and if so how would this be determined? o Is the Service envisioning a joint HCP, or individual HCPs?

34 Questions provided by wind operators SERVICE STAFFING: o Who from the Service would be the primary points of contact, and how would document review be handled? o How would solicitor engagement take place, and have they been involved in any internal discussions to-date? o Has anyone in the Service contemplated to take part in this effort been involved in other active regional wind HCPs (Midwest HCP, WEWAG, etc.)? o How would this effort rank in terms of regional priorities?

35 Questions provided by wind operators MINIMIZATION & MITIGATION: o Does the Service have any preliminary ideas on types of mitigation/adaptive management? o Will preservation of additional mitigation lands be required, or will contribution to recovery plan activities be sufficient? o How would the Service account for the fact that not all operating projects in the Tehachapis would be able to implement the same minimization measures as dictated by differing turbine technologies? How would the actions of one or a subset of companies affect other participating companies? o What types of conservation measures might be appropriate for a condor HCP? Does the Service envision use of a Conservation Fund?

36 Next steps?