1313 Sherman Street, Room 618 Denver, Colorado Phone (303) FAX (303) wildlife.state.co.us parks.state.co.

Transcription

1 COLORADO S & WILDLIFE 1313 Sherman Street, Room 618 Denver, Colorado Phone (303) FAX (303) wildlife.state.co.us parks.state.co.us MEMORANDUM Date: To: From: Re: August 29, 2013 Colorado Parks and Wildlife Commissioners Steve Yamashita, Acting Director t?r.-y COGCC Update of Wildlife Habitat Maps (Information Only) Background: The Colorado Oil and Gas Conservation Commission's (COGCC) IOO-series rules define reference maps of "Restricted Surface Occupancy Area" (RSO) and "Sensitive Wildlife Habitat" (SWH) across Colorado. The Colorado Division of Parks and Wildlife (CPW) provided these maps to COGCC during a public rule making process in 2008, and those maps were adopted on December 11,2008. COGCC, in cooperation with CPW, is now considering whether to update these maps to reflect current wildlife data. These maps identify areas on the landscape where energy companies are required to consult with CPW as part of the COGCC permitting process. Pursuant to the IOO-series rules the RSO maps are "subject to update on a periodic but no more frequent than annual basis and may be modified only through the Commission's rule making process, as provided in Rule 529". The SWH maps are "subject to update on a periodic but no more frequent than biennial basis and may be modified only through the Commission's rulemaking procedures, as provided in Rule 529". CPW has not provided any updates to either the RSO or SWH maps since they were adopted in Map Changes: The maps are based on data that CPW collects as part of several ongoing activities. First, the Species Activity Mapping (SAM) program is organized around annual meetings between the CPW Geographic Information Systems (GIS) unit, biologists and district wildlife managers. At these meetings the GIS analysts update the various species activity areas for mapped species based on any observed changes since the last mapping session four years earlier. For example, areas may be identified where bighorn sheep are expanding and where new lambing grounds have been established. These new areas are then mapped and added to the existing SAM maps for bighorn sheep production areas. Since 2008, CPW has updated the SAM maps in all four regions; updated RSO and SWH maps would incorporate these new data. Second, CPW collects data on lek (strutting or booming grounds) activity for several grouse species every year. CPW also maintains a raptor database that tracks occurrence of raptor nests. This is updated as CPW biologists and district wildlife managers come STATE OF COLORADO John W. Hickenlooper, Govemor. Mike King, Executive Director. Department of Natural Resources Steven M. Yamashita, Acting Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Robert W. Bray. Chris Castilian. Jeanne Home Bill Kane, Vice-Chair. Gaspar Perricone. James Pribyl. John Singletary, Chair Mark Smith, Secretary. James Vigil. Dean Wingfield. Michelle Zimmerman Ex Officio Members: Mike King and John Salazar

2 across new nests or monitor existing nests. Since 2008, CPW has collected new nest data annually and that information would be included in new maps. Third, CPW has recently completed a map of high priority Greater sage-grouse (GRSG) habitat in Northwest Colorado based on the best available science for incorporation into the Bureau of Land Management's (BLM) GRSG Environmental Impact Statement (EIS). It provides a biological basis for focusing land use recommendations on the most important habitats. When compared to the existing lek-based SWH map, the high priority habitat map should be subject to less change in future updates. CPW is proposing to use the priority habitat map to replace the current GRSG production areas for SWH. Fourth, CPW is proposing a change in the way buffers are mapped around Gunnison sage-grouse (GUSG) leks. Approximately 85% of GUSG are known to nest within a 4 mile radius of active lek sites. The existing SWH map for GUSG production areas was created by placing 4 mile buffers around lek sites and then clipping the buffers to include only the sage brush vegetation type. There have been a number of issues with these clipped buffers. This has been a particular problem in the satellite population areas outside the Gunnison basin as many of the sage brush areas occur in linear strips. CPW does not believe the current clipped buffers are allowing for adequate consultation to address direct and indirect disturbance to leks and adjacent nesting areas. CPW is proposing to not clip the 4 mile buffers for the update to the GUSG SWH production area map. Definition Changes: In addition to updating data, a few minor issues have arisen with definitions in the 100- series rules for SWH maps. The existing definition for Mule Deer Critical Winter Range is in error even though the published map is correct. Critical Winter Range includes only that portion of severe winter range occurring in Data Analysis Units with at least 7 deer per square kilometer. CPW suggests amending the Mule Deer Critical Winter Range definition so that it accurately reflects the existing map. The definitional change, by itself, will not cause a change in the number of mapped acres; it will, however, align the definition with the map. Another definition change pertains to identification of Lesser prairie-chicken (LEPC) habitat. The USFWS proposed to list LEPC as threatened. CPW has been working closely with other states to develop a Range-wide Conservation Plan and to implement conservation measures to prevent the species from being listed. CPW has submitted comments to the USFWS recommending that they find the LEPC "not warranted" for listing. A final listing decision by the USFWS is expected later this year. The current mapped SWH habitat for LEPC is currently a 1.5 mile radius around leks that were active from CPW proposes altering the size of the area mapped to include not just currently occupied leks, but also potential habitat within Colorado. This approach would be consistent with the focal areas that have been identified in the range wide conservation plan currently being developed in coordination with the other 4 states in LEPC range

3 (Kansas, Texas, Oklahoma, and New Mexico). Redefining areas that warrants SWH designation from production areas to focal areas will help CPW manage areas necessary for habitat restoration and population expansion in order to meet range wide population goals. Under this new definition, the mapped acreage of SWH for LEPC wou,ld be 628,081 acres, an 86% increase. Lastly, the aforementioned changes to the sensitive wildlife habitat mapping for the greater sage-grouse will be included in the definition changes to identify the utilization of the new priority habitat map. Process: The COGCC initiated their rulemaking process on June 14,2013, when COGCC Staff filed a Notice of Rulemaking with the Colorado Secretary of State. Draft proposed rules were attached to the notice. On June 17,2013, the COGCC approved the COGCC Staffs June 14,2013 Notice of Rulemaking and formally directed COGCC Staff to proceed with the instant rulemaking. COGCC Staff held stakeholder meetings regarding the proposed rules on June 26 and July 31, The stakeholder meetings were open to the public and were advertised on the COGCC's website. Pursuant to (14.5) and 103(2), C.R.S., COGCC Staff specifically invited a diverse group of participants to the stakeholder meeting and encouraged all attendees to participate in the rulemaking hearing and comment on the effect of the proposed rules. During the June 26 and July 31,2013, stakeholder meetings, COGCC Staff, along with representatives from the Colorado Division of Parks and Wildlife (CPW), provided an overview of the proposed rules and responded to audience questions. Upon the conclusion of the stakeholder meetings, the consensus was that additional stakeholder meetings were unnecessary. On September 16-17,2013, the COGCC will consider amending the Rules and Regulations and Rules of Practice and Procedure of the Colorado Oil and Gas Conservation Commission, 2 Code Colo. Regs., (Commission Rules). If approved, the new and amended rules would update the COGCC's Restricted Surface Occupancy Area (RSO) and Sensitive Wildlife Habitat (SWH) maps and would also make conforming changes to the Commission Rule 100-Series definitions.

4 Colorado Parks & Wildlife HB1298 RSO/SWH updates; July 2013 Oct., 2008 Acreage Restricted Surface Occupancy Datasets Acreage Acreage Change % Change Bald Eagle Active Nest Sites 13,157 16,147 2,990 23% Bighorn Sheep Production Areas 394, , ,898 96% Columbian Sharp-Tailed Grouse Lek Sites 76,706 92,664 15,958 21% Cutthroat Trout Designated Critical Habitat 643, ,667-76,117-12% Ferruginous Hawk Active Nest Sites 40,307 15,582-24,725-61% Golden Eagle Active Nest Sites 77,533 12,967-64,566-83% Gold Medal Waters 15,670 18,938 3,268 21% Greater-Sage Grouse Lek Sites 298, ,858-80,356-27% Gunnison-Sage Grouse Lek Sites 127, ,556-12,259-10% Lesser Prairie Chicken Lek Sites 68,074 65,907-2,167-3% Northern Goshawk Active Nest Sites 25,713 2,011-23,702-92% Osprey Active Nest Sites 9,944 14,079 4,135 42% Peregrine Falcon Active Nest Sites 78,904 18,232-60,672-77% Prairie Falcon Active Nest Sites 24,053 8,203-15,850-66% Plains Sharp-Tailed Grouse Lek Site 11,457 12,939 1,482 13% Total 1,905,774 1,952,090 46,316 2% Sensitive Wildlife Habitat Datasets Oct., 2008 Acreage Acreage Acreage Change % Change Bald Eagle Active Nest Sites 52,202 62,118 9,916 19% Bald Eagle Winter Night Roost Sites 166, ,080 28,006 17% Black-footed Ferret Release Sites 60,661 60, % Bighorn Sheep Winter Range 1,625,247 2,154, ,149 33% Columbian Sharp-tailed Grouse Production Area 405, ,193 67,554 17% Elk Production Area 3,699,798 4,484, ,390 21% Elk Winter Concentration Area 5,419,275 6,099, ,014 13% Golden Eagle Active Nest Sites 280,662 51, ,538-82% Greater-Sage Grouse Production Area/Preliminary Priority Habitat 2,479,501 2,366, ,960-5% Gunnison-Sage Grouse Production Area 650,845 1,066, ,013 64% Lesser Prairie-Chicken Production Area/Focal Areas 338, , ,767 86% Mule Deer Critical Winter Range 6,196,460 5,757, ,660-7% Pronghorn Winter Concentration Area 797,905 1,005, ,052 26% Plains Sharp-tailed Grouse Production Area 74,779 68,819-5,960-8% Total 22,247,362 24,473,103 2,225,741 10

5 MOFFAT SEDGWICK This map depicts features that are variable both over time and over the landscape. It represents the best available data at this time. As new information becomes available, these data will be modified and new maps will be created. E Black-Footed Ferret Release Sites Bighorn Sheep Winter Range Mule Deer Critical Winter Range Pronghorn Antelope Winter Concentration Areas Golden Eagle Nest Site Bald Eagle Active Nest Sites Columbian Sharp-Tailed Grouse Production Areas Plains Sharp-Tailed Grouse Production Areas Sensitive Wildlife Habitat All Activities Lesser Prairie Chicken Focal Areas Gunnison's Sage Grouse Production Areas Greater Sage-Grouse Preliminary Priority Habitat Elk Production Areas Elk Winter Concentration Areas Bald Eagle Winter Roost Sites

6 SEDGWICK MOFFAT 25 E Bighorn Sheep Winter Range Sensitive Wildlife Habitat Bighorn Sheep Winter Range

7 MOFFAT SEDGWICK 25 E Columbian Sharp-Tailed Grouse Production Areas Plains Sharp-Tailed Grouse Production Areas Sensitive Wildlife Habitat Columbian and Plains Sharp-Tailed Grouse Production Areas

8 MOFFAT SEDGWICK E Elk Winter Concentration Areas Elk Production Areas Elk Production/Winter Concentration Areas Sensitive Wildlife Habitat Elk Production and Winter Concentration Areas

9 SEDGWICK MOFFAT 25 E Greater Sage Grouse Preliminary Priority Habitat Gunnison Sage Grouse Production Areas Sensitive Wildlife Habitat Greater Sage-Grouse Preliminary Priority Habitat and Gunnison Sage-Grouse Production Areas

10 SEDGWICK MOFFAT E Lesser Prairie-Chicken Focal Areas Sensitive Wildlife Habitat Lesser Prairie-Chicken Focal Areas

11 MOFFAT SEDGWICK 25 E Mule Deer Critical Winter Range Sensitive Wildlife Habitat Mule Deer Critical Winter Range

12 SEDGWICK MOFFAT E Pronghorn Winter Concentration Areas June, 2012 Sensitive Wildlife Habitat Pronghorn Winter Concentration Areas

13 SEDGWICK MOFFAT E Black-footed Ferret Release Areas Sensitive Wildlife Habitat Black-Footed Ferret Release Areas

14 MOFFAT SEDGWICK E Bald Eagle Roost Sites Bald Eagle Active Nests Golden Eagle Active Nests Sensitive Wildlife Habitat Bald and Golden Eagle Activities

15 MOFFAT SEDGWICK This map depicts features that are variable both over time and over the landscape. It represents the best available data at this time. As new information becomes available, these data will be modified and new maps will be created. E Gold Medal Streams (300 ft buffer) Designated Cutthroat Trout Habitat (300ft buffer) Raptor Active Nest Sites (Bald and Golden Eagles, Ferruginous Hawk, Osprey, N. Goshawk, Peregrine and Prairie Falcons) Bighorn Sheep Production Areas Restricted Surface Occupancy All Activities Lesser Prairie Chicken Leks Greater Sage Grouse Leks Gunnison's Sage Grouse Leks Plains Sharp-Tailed Grouse Leks Columbian Sharp-Tailed Grouse Leks

16 SEDGWICK MOFFAT E Designated Cutthroat Trout Habitat (300 ft buffer) Gold Medal Waters (300 ft buffer) Restricted Surface Occupancy Designated Cutthroat Trout and Gold Medal Waters

17 SEDGWICK MOFFAT 25 E Rocky Mountain Bighorn Sheep Production Areas Desert Bighorn Sheep Production Areas Restricted Surface Occupancy Bighorn Sheep Production Areas

18 SEDGWICK MOFFAT E Lesser Prairie Chicken Leks Greater Sage Grouse Leks Gunnison's Sage Grouse Leks Restricted Surface Occupancy Greater Sage-Grouse, Gunnison's Sage-Grouse, Lesser Prairie-Chicken Leks

19 SEDGWICK MOFFAT E Columbian Sharp-Tailed Grouse Leks Plains Sharp-Tailed Grouse Leks Restricted Surface Occupancy Columbian and Plains Sharp-Tailed Grouse Leks

20 MOFFAT SEDGWICK 25 E Golden Eagle Active Nests Bald Eagle Active Nests Prairie Falcon Active Nests Osprey Active Nests Peregrine Falcon Active Nests Ferruginous Hawk Nest Sites Northern Goshawk Active Nests Restricted Surface Occupancy Raptor Active Nest Sites