United States Department of the Interior

Transcription

1 In Reply Refer to: 2007-FA-0077 United States Department of the Interior FISH AND WILDLIFE SERVICE New Jersey Field Office Ecological Services 927 North Main Street, Building D Pleasantville, New Jersey Tel: 609/ Fax: 609/ FISH'ivtnm ~ SERVICE APR Dante DiPirro, Executive Director New Jersey Highlands Council 100 North Road (Route 513) Chester, New Jersey Dear Mr DiPirro: ~ :~: '4"j~?~,By '- /OL/U() - This transmits the comments of the US Fish and Wildlife Service (Service) on the November 2006 Highlands Draft Regional Master Plan (DRMP or draft Plan) that was prepared by the New Jersey Highlands Water Protection and Planning Council (Highlands Council) pursuant to the New Jersey Highlands Water Protection and Planning Act (NJSA 13:20-1 et seq) (Highlands Act) The Service met with Council staff to discuss the draft Plan on January 8, 2007 New Jersey's enactment of the Highlands Act and the Council's subsequent preparation of the Regional Master Plan are landmark events in the conservation of the Highlands Region's significant natural resources The draft Plan generally succeeds in assessing the Highlands resources, characterizing the importance of and threats to these resources, and establishing a policy framework to conserve and manage resources consistent with the Highlands Act AUTHORITY These comments are provided as technical assistance Conservation of federal trust wildlife resources is a Service responsibility pursuant to federal statues including the Endangered Species Act of 1973 (87 Stat 884, as amended; 16 USC 1531 et seq) (ESA), the Fish and Wildlife Coordination Act (48 Stat 401, as amended; 16 USC 661 et seq), and the Migratory Bird Treaty Act of 1918 (40 Stat 755, as amended; 16 USC ) HIGHLANDS WILDLIFE RESOURCES The Service has a stewardship responsibility for protecting federal trust wildlife resources in New Jersey's Highlands Region "Wildlife resources" include birds, fishes, mammals, and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent A "federal trust resource" is one for which trust responsibility is given in part to the

2 federal government through legislation or administrative act Generally, federal trust resources are considered to be of national or international importance no matter where they occur, such as federally listed threatened and endangered species, and species such as migratory birds, fish, and mammals that regularly move across State lines In addition to species, federal trust resources include nationally important and threatened habitats (notably wetlands), and federal lands especially National Wildlife Refuges As described in the enclosed Service fact sheets, the wildlife resources of the Highlands are regionally important to biodiversity, particularly breeding and migratory birds, resident amphibians and reptiles, and rare plants and communities The area's ecological significance stems from its large, contiguous forests and wetlands that support disturbance-sensitive species, as well as a diversity of plants, communities, and animals unique to this region Species in the Highlands indicative of undisturbed forest and wetland habitats include wood turtle (Clemmys insculpta), timber rattlesnake (Crotalus horridus), red-shouldered hawk (Buteo lineatus), barred owl (Strix varia), warblers and thrushes, black bear (Ursus americanus), bobcat (Lynx rufus), and native Eastern brook trout (Salvelinusfontinalis) (US Fish and Wildlife Service, 1997) Federal trust resources are the focus of the Service's interest in New Jersey's Highlands Region, and include six federally listed species, the Great Swampl and Wallkill River 2National Wildlife Refuges, and important habitats for migratory birds One quarter of the Nation's neotropical bird species are found in the Highlands of New York and New Jersey (US Forest Service, 2002) Of the 460 species of avifauna reported in New Jersey, 273 species have been documented in the Highlands, including about 150 of the State's 210 species of breeding birds (Freiday, pers comm, 2006) Nearly half (19) of the bird species of regional conservation concern to the Service (US Fish and Wildlife Service, 2002) are known to breed in the New Jersey Highlands (Walsh et al, 1999) Federally Listed Species in New Jersey's Highlands Region Endangered Indiana bat (Myotis sodalis) dwarf wedgemussel (Alasmidonta heterodon) Threatened bald eagle (Haliaeetus leucocephalus) bog turtle (Clemmys muhlenbergii) swamp pink (Helonias bullata) small-whorled pogonia (Isotria medeoloides) Additional information is enclosed regarding habitat requirements for federally listed species

3 COORDINATION AND CONSISTENCY Partnering with States on landscape-level efforts to conserve significant federal trust resources is a top Service priority Likewise, the DRMP includes numerous references to the Council's intent for coordination and consistency with federal agencies, programs, and policies As discussed at the January 8, 2007 meeting, we recommend the development of a Memorandum of Agreement between the Service and the Council to document our mutual interests and goals for the conservation of Highlands wildlife resources and to set forth mechanisms and procedures for routine coordination At the Council's invitation, Service staff may be available to serve on the Ecosystem Management Technical Advisory Committee or a similar body, or participate in Council activities through other means as appropriate Through meetings and/or review of Council documents, the Service can provide technical assistance regarding federal wildlife laws and policies, and the ecological requirements of federally listed species, migratory birds, and National Wildlife Refuges The New Jersey Field Office can also serve as a liaison to our Northeast Regional Office, which represents the Service on the multi-agency Steering Committee that is implementing the federal Highlands Conservation Act (PL ) FEDERAL TRUST RESOURCE PROTECTION The following are the Service's general recommendations to the Council for the protection of federal trust resources in New Jersey's Highlands Region Additional comments on the characterization of federal trust resources in the DRMP, and the Council's proposed policies for the protection of these resources, are provided below under Draft Plan Comments Federally Listed Species ~ Incorporate surveys and habitat management for federally listed species into the various plans mentioned in the DRMP (eg, municipal and county master plans; water quality and allocation plans; agricultural and forest stewardship/management plans; stream corridor protection/restoration plans; regional storrnwater/wetland mitigation plans; open space plans; habitat conservation and management plans) The Service is available to work with the Council and other agencies to develop standardized plan provisions, and to review certain draft plans ~ Adopt the enclosed "Best Management Practices (Standard Recommended Conservation Measures) to Protect Federally Listed Species in New Jersey's Highlands Region" and incorporate these provisions into the Council's standard Low Impact Development Best Management Practices in the Highlands The Service is currently developing a similar list of Best Management Practices that will be applicable throughout New Jersey, and will be posted on our web site when complete Proponents of proposed projects in the Highlands Region may consult this and other references on our web site; however, some of the enclosed Service recommendations for federally listed species may be specific to the Highlands Region 3

4 ~ A map illustrating the preliminary areas of concern for federally listed species is also enclosed The Service is available to provide this information in a GIS format for use in refinement or future revision ofthe Council's Land Use Capability Map and/or as geographic overlays for use by Council staff and other State agencies in reviewing projects and plans in the Highlands The Service and the Council should coordinate to ensure all mapping of federally listed species is updated as needed ~ Support survey and modeling efforts for federally listed species that will continue to refine understanding of the most important areas for conservation In particular, modeling for Indiana bat and small-whorled pogonia should be applied to the Highlands Region to determine priority areas for future surveys, since available information about the distribution ofthese species in New Jersey is currently incomplete ~ Ensure that water quality standards and water allocation procedures account for the needs of federally listed species In particular, classify as Exceptional Waters or Highlands Waters all river and stream segments that support dwarf wedgemussels, including a protective zone extending at least O25-mileupstream ~ Give priority to restoration and land acquisition efforts that are aimed at the protection or recovery of federally listed species ~ Pursue opportunities to implement, support, or assist with tasks listed in approved recovery plans! for federally listed species, in close coordination with the Service National Wildlife Refuges ~ Address National Wildlife Refuges in any ofthe various Highlands plans that cover all or part of a Refuge watershed (eg, municipal and county master plans; water quality and allocation plans; agricultural and forest stewardship/management plans; stream corridor protection/restoration plans; regional stormwater/wetland mitigation plans; open space plans; habitat conservation and management plans) ~ Classify as Protection Zone all Refuge lands and areas within approved Refuge acquisition boundaries; see enclosed map The Service can provide GIS mapping of Refuge boundaries and acquisition areas for use in refinement or future revision ofthe Council's Land Use Capability Map and/or as geographic overlays for use by Council staff and other State agencies in reviewing projects and plans in the Highlands ~ Classify as Special Waters or Highlands Waters all open waters within the watersheds that drain to National Wildlife Refuge; see enclosed map ~ Incorporate the following into the Council's standard Low Impact Development Best Management Practices within Refuge watersheds The Service is available to provide GIS mapping of Refuge watersheds for use in refinement or future revision of the Council's Land! 4

5 Use Capability Map and/or as geographic overlays for use by Council staff and other State agencies in reviewing projects and plans in the Highlands Provide at least 300-foot vegetated buffers on all rivers and streams Contact the Refuge manager if activities are proposed within an approved Refuge acquisition boundary, if major activities are proposed within 500 feet of a river or stream, or if an area is proposed for designation as a growth zone or Transfer of Development Rights receiving zone Great Swamp National Wildlife Refuge 241 Pleasant Plains Road Basking Ridge, New Jersey Phone: (973) Give priority to habitat acquisition and restoration projects, especially riparian buffers Migratory Birds y Form a Migratory Bird Working Group, perhaps under the Ecosystem Management Technical Advisory Committee The Service may be available to participate Y Through the Working Group, develop a priority species list including both game and nongame bird species of conservation concern that are highly dependant on the Highlands Region Y Y Incorporate surveys and habitat management for priority bird species into the various plans mentioned in the DRMP (eg, municipal and county master plans; water quality and allocation plans; agricultural and forest stewardship/management plans; stream corridor protection/restoration plans; regional stormwater/wetland mitigation plans; open space plans; habitat conservation and management plans) Develop migratory bird protections for the Council's standard Low Impact Development Best Management Practices in the Highlands (eg, seasonal restrictions to protect nesting birds, compensatory mitigation requirements to prevent net losses of aquatic or upland habitats for priority bird species) Y Afford special protection to, and give priority to acquisition and restoration opportunities in, Important Bird Areas 1designated by the New Jersey Audubon Society, Waterfowl Focus Areas designated by the Atlantic Coast Joint Venture, and Priority Wetlands designated by the Service Consider adopting these areas as GIS mapping overlays for use by Council staff and other State agencies in reviewing projects and plans in the Highlands Y Afford special protection to forested wetlands, which are preferred stopover habitat for many migratory songbirds (Mizrahi and Elia, 2002; Gauthreaux and Belser, 2003) and which are 1 5

6 difficult to replace (Minkin and Ladd, 2003; Balzano et a!, 2002; National Research Council, 2001) ~ Pursue opportunities to implement, support, or assist with tasks listed in approved conservation plans for migratory birds, such as Partners in Flight,I the Atlantic Coast Joint Venture,2 the North American Bird Conservation Initiative,3the North American Waterbird Conservation Plan,4 and the New Jersey Wildlife Action Plan5 Technical assistance for habitat restoration may be available through the Service's Partnersfor Fish and Wildlife program; additional information is enclosed In addition, certain projects may qualify for one ofthe Service's grant programs6 ~ Support the Cats Indoors campaign7 Promote local ordinances to prohibit ffee-roaming cats ~ Regulate the construction of structures that pose a potential electrocution or collision hazard for migratory birds (see enclosed fact sheet) For new or replacement power lines, require Avian Protection Plans and consistency with the Suggested Practices for Avian Protection on Power Lines 8 For proposed communication towers, require consistency with the Service's tower sitting guidelines,9 and coordinate with the Service on structures over 200 feet tall For proposed wind turbines, require consistency with the Service guidelines,io and coordinate with the Service during project review For glass windows in existing buildings and proposed buildings two-stories or less, encourage the adoption of practices to minimize bird collisionsii For proposed buildings three stories or taller, coordinate with the Service during project review and require practices such as extermination of indoor lights, extermination or down-shielding of outdoor lights, and use ofbird-fuendly glass or glass coverings I and and cats/ catlinkshtml II 6

7 ~ Promote the establishment of bird habitats in backyards, I corporate parks,2 and golf courses,3 emphasizing native vegetation ~ Promote participation in citizen science for birds, such as Breeding Bird Surveys,4 Christmas Bird Counts,Sand Project Feeder watch6 ~ Promote passive recreation and ecotourism, including bird watching DRAFT PLAN COMMENTS General Comments The Service offers the following general recommendations for revising the draft Plan ~ Incorporate more explicitly federal trust resources into the Land Use Capability Map, mapping overlays, and Plan policies Coordinate with the Service regarding habitat mapping for federally listing species; Rank 5 patches in the Landscape Project alone are insufficient (for example, Landscape maps do not include federally listed plants) The Service can also provide current mapping for National Wildlife Refuges ~ More clearly relate the Resource Assessment to the Land Use Capability Map Provide a summary of which assessed resources (Section IIIC) were included in the development of the Land Use Capability Map, and which of the indicators (listed on page 50) correspond to each resource Explain the reasons if some resources were not factored into the map ~ For those assessed resources that do not have general policies, site standards, or zone standards, explain why ~ Distinguish among the different types of "policies," as some are definitions, some call for development of an inventory, some are standards, and some are Council actions ~ Provide a summary of all Council actions to facilitate tracking during Plan implementation ~ Commit to periodic evaluation of ecological conditions using a standardized set of indicators to regularly measure the success ofthe Highlands Act in preserving and restoring the Region's natural resources For public outreach purposes, the evaluations could be communicated as an environmental "report card" for the Highlands Region I and and and enclosed fact sheets S cbc/ 7

8 Specific Comments Specific comments are provided on the enclosed CD-ROM as a marked-up PDF file CONCLUSION The Service appreciates the opportunity to comment on the Highlands Draft Regional Master Plan, and looks forward to a productive partnership with the Council to protect federal trust wildlife resources in New Jersey's Highlands Please contact Wendy Walsh of my staff at (609) , extension 48 if you have any questions regarding the Service's comments, and to arrange for ongoing coordination between our agencies Sincerely, Jic -/f1 John C Staples Acting Supervisor Enclosures: Highlands and Central Passaic fact sheets Species narratives Best management practices for federally listed species Map - areas of preliminary concern for federally listed species Map - National Wildlife Refuges boundaries and watersheds Partners for Fish and Wildlife fact sheet Bird mortality and backyard habitat fact sheets CD-Rom with PDF file of specific draft Plan comments Indiana bat survey guidelines and recognized, qualified surveyors Bald eagle national management guidelines Swamp pink survey guidelines Adopt a swamp pink population fact sheet Bog turtle survey guidelines and recognized, qualified surveyors Mid-AtlanticProgramof Action- map and executivesummary 8

9 REFERENCES Literature Cited Balzano, S, A Ertman, L Brancheau, and W Smejkal 2002 Creating Indicators of Wetland Status (Quantity and Quality) Freshwater Wetland Mitigation in New Jersey New Jersey Department of Environmental Protection, Division of Science, Research and Technology Trenton, New Jersey 125 pp Accessed October 27, 2006 Gauthreaux, S Jr and CB Belser 2003 Radar ornithology and biological conservation The Auk 120(2): Minkin, P and R Ladd 2003 Success of Corps-required wetland mitigation in New England US Army Corps of Engineers, New England District, Concord, Massachusetts 30 pp Accessed October 27,2006 Mizrahi, DS and Elia, VJ 2002 Habitat use by migrating songbirds during stopovers in New Jersey: A radar/gis study Abstracts for the Third North American Ornithological Conference, September 24-28,2002, New Orleans, Louisiana National Research Council 2001 Compensating for Wetland Losses Under the Clean Water Act National Academy Press Washington, DC US Fish and Wildlife Service 1997 Significant habitats and habitat complexes of the New York Bight watershed Southern New England - New York Bight Coastal Ecosystems Program Charlestown, Rhode Island -' 2002 Birds of Conservation Concern Department of the Interior, Fish and Wildlife Service, Division of Migratory Bird Management, Arlington, Virginia 99 pp Accessed March 26, 2007 US Forest Service 2002 New York - New Jersey Highlands Regional Study: 2002 Update NA-TP US Department of Agriculture, Forest Service, Northeastern Area State and Private Forestry, Newtown Square, Pennsylvania 159 pp + Appendices Walsh, J, V Elia, R Kane, and T Halliwell 1999 Birds of New Jersey New Jersey Audubon Society, Bernardsville, New Jersey 704 pp Personal Communication Freiday, DP 2006 Director, Scherman-Hoffman Wildlife Sanctuary, New Jersey Audubon Society, Bernardsville, New Jersey 9

10 Corresponding Documents in Admin Area