Living Beaches: Integrating The Ecological Function Of Beaches Into Coastal Engineering Projects and Beach Management Melissa Bimbi USFWS SC Field Office Kathy Matthews USFWS Raleigh Field Office January 10, 2017
Beach Life
Beach Life
The Mission of the U.S. Fish & Wildlife Service is working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people.
Endangered Species Act of 1973 The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend. ESA is administered by FWS and NMFS Requires the designation of critical habitat Section 7 of ESA requires Federal agencies to use their legal authorities to promote the conservation purposes of the ESA and to consult with FWS and NMFS
Sections of the ESA Section 4: Listing, critical habitat, and recovery plans Section 5: Land acquisition Section 6: Assistance to States and Territories Section 7: Interagency Cooperation Section 8: International Cooperation Section 9: Prohibited Acts Section 10: Permits (Recovery, Habitat Conservation Plans) Section 11: Penalties and Enforcement
ESA Section 7(a)(2) Any Federal agency shall, in consultation with the Secretary (Service), insure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat.
What Does Jeopardy Mean?
What Does Adverse Mod Mean? Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species. Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of a species or that preclude or significantly delay development of such features. New definition became effective on March 14, 2016
Section 7 Consultations Informal (30) vs. formal consultations (135) Formal consultation Biological assessment required to initiate consultation FWS has 135 days to complete biological opinion after initiation of consultation This timeframe along with other agencies regulatory permitting process timeframes should be factored into the project planning process Biological opinion includes incidental take for project related take only
What is Take? defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct Harm is further defined by FWS to include significant habitat modification or degradation that results in death or injury to a listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering Harass is defined by FWS as actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering
Critical Habitat Required under ESA 4(a)(3) Designate critical habitat at the time of listing Species listed before 1978, CH discretionary Species listed after 1978, CH prudent and determinable Reclassification triggers CH designation requirement Loggerhead now listed as 9 Distinct Population Segments (DPS) Regulatory mechanism Only affects Federal agency actions or federally funded or permitted activities Already have to consult because the species is present Identifies key areas essential for the recovery of the species No added protection under ESA
Beach Dependent Listed Species Loggerhead sea turtle Red knot West Indian manatee* Piping plover Seabeach amaranth
Critical Habitat on SC Beaches Piping plovers Designated for nonbreeding plovers in July 2001 15 CH units Loggerhead sea turtle Designation went into effect on August 11, 2014 22 CH units Red knot Listing rule went into effect January 12, 2015 Proposed rule to designate CH in the works
Minimizing Impacts to Beach Dependent Species Sand source Sand compatibility Timing and duration of project construction Minimize beach lighting Manage beaches for wildlife, not just recreation Protect important areas and habitat features Promote sharing the beach
Sea turtles vs. Shorebirds Mature females nest on beaches May August Hatchlings emerge mid July October Nesting site fidelity Need Nearshore beach access Sand suitable for egg chamber construction and incubation Dark beaches PIPL and REKN don t nest in SC, but PIPL do in NC Stopover during migration or winter in NC and SC Nonbreeding season is July May Feed on invertebrates living in the sand Migration stopover and winter site fidelity Need Foraging and roosting habitat Low disturbance
Sharing the Beach Sea Turtles Protect dune habitat Enforce lighting ordinance Shorebirds Don t allow off leash dogs in important shorebird habitat year round Inlets Ephemeral pools/lagoons Sparsely vegetated areas near water features Post interpretive signs at beach accesses near important areas Establish areas for off leash dogs away from important shorebird areas Amend existing dog ordinances if necessary Enforce dog ordinances
NC Statewide Programmatic Consultation SPBO to address Beach Sand Placement Projects Dredging not considered Winter work only Covered projects must meet requirements of RPMs and Terms and Conditions Accelerated ESA reviews if project is covered by SPBO * No Programmatic Consultation for SC at this time
NC SPBO (continued) Currently organizing agency meeting to begin discussions of RPMs and Terms and Conditions Final BO anticipated April 12, 2017
Consultation Triggers Federal nexus triggers consultation with FWS Any action that is funded, authorized, or carried out by a federal agency Typically Corps projects or permits Expediting the consultation process Initiate communication early Attend Interagency Meetings to get feedback on projects before submitting permit application Submit BA with permit application for projects requiring formal consultation Make sure BA includes best available scientific data Addresses direct and indirect impacts
BA Guidance 3 documents on Service s Website to assist in development of a Biological Assessment: Outline Contents Common Flaws Caroline Rogers https://www.fws.gov/raleigh/es_consultation.html https://wwww.fws.gov/charleston/section7.html
Present and Future Challenges People and wildlife are all competing for the same space Recovery of beach dependent species relies heavily on the amount of available habitat Beach dependent species can t be recovered by only providing habitat on state and federal lands How beaches are managed matters
For More Information U.S. Fish and Wildlife Service - Raleigh office http://www.fws.gov/raleigh/ U.S. Fish and Wildlife Service - Charleston office http://www.fws.gov/charleston/ www.mmgalveston.com
Questions?