Aquatic Biological Assessment. Lassen 15 Restoration Project. Modoc National Forest Warner Mountain Ranger District

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Aquatic Biological Assessment Lassen 15 Restoration Project Modoc National Forest Warner Mountain Ranger District Prepared By:_/s/ Marty Yamagiwa Date: December 10, 2015 Marty Yamagiwa, Natural Resources Staff Officer Fremont-Winema NF (Former Forest Biologist, Modoc National Forest) Approved By:_/s/ Gary L. Kedish Date: November 14, 2016 Gary Kedish, Ecosystem Staff Officer EFFECTS DETERMINATIONS (BY SPECIES AND CRITICAL HABITAT) Species/Habitat Status Determination Lost River sucker E No effect Shortnose sucker E No effect Lost River sucker, Designated No effect shortnose sucker Critical Habitat Oregon spotted frog Threatened No effect Oregon spotted frog Critical Habitat Designated No effect Lassen 15 Aquatic BA 1 Last updated: October 14, 2016

BIOLOGICAL ASSESSMENT, LASSEN 15 RESTORATION PROJECT INTRODUCTION This Biological Assessment addresses the environmental analysis covering the Lassen 15 Project Area, which is located on the Warner Mountain Ranger District roughly five air miles northeast of Davis Creek, California and lies within portions of T46N, R14E and R15E; T45N, R14E and R15E; and T44N, R15E, MDM. The general project area was used as a basis for the effects analysis; it includes all of the acres encompassed within the project area boundary, whether they are proposed for treatment or not. The project area is approximately 25,000 acres, although only 8,004 acres are proposed for treatment. CONSULTATION TO DATE The Fish and Wildlife Service (FWS) Klamath Falls Fish and Wildlife Office website was accessed to download the Listed, Proposed, and Candidate Species that may occur in Modoc County, California. This list was last updated by the FWS July 18, 2016. CURRENT MANAGEMENT DIRECTION Management for the Forest is detailed in the Modoc National Forest Land and Resource Management Plan (LRMP), Sierra Nevada Forest Plan Amendment (2004), Lost River and Shortnose Sucker Recovery Plan (1993) and other documents, which are referenced in the LRMP. PROPOSED ACTIONS The complete Proposed Action is in the Lassen 15 Restoration Project Environmental Assessment. THREATENED AND ENDANGERED SPECIES Two aquatic endangered species, the Lost River sucker (Deltistes luxatus) and shortnose sucker (Chasmistes brevirostris), occur on the Modoc National Forest. One threatened species, the Oregon spotted frog, was historically found in Modoc County. Lost River sucker and shortnose sucker The Lost River sucker and shortnose sucker are endemic to the upper Klamath Basin which includes the Upper Klamath River, Oregon/California and the Lost River system in north-central California and south/central Oregon. These species are found within the Lost River drainage on Devil's Garden and Doublehead Districts; these fish are known to be widespread in Willow, Boles, and Fletcher Creeks as well as in pools and wetlands. Primarily lake residents, these fish migrate into stream and have been documented to successfully spawn, and live year round on the Forest. Radio-telemetry studies on these fish are on-going by National Biological Survey (NBS) and Bureau of Reclamation (BOR) personnel. They are also extremely long-lived: shortnose suckers have been aged to 33 years and Lost River suckers to 43 years. Both species are listed as endangered by the Federal Government and the State of California. Habitat for these species consists of open water in lakes and streams, except when they move upstream to spawn. Fish begin making short migrations up into streams when discharge increases at any time from early February through early April, although March is probably the most frequent month of movement. In Willow Creek radio-tagged suckers were found to migrate only 3-6 km and Lassen 15 Aquatic BA 2 Last updated: October 14, 2016

remain on spawning grounds for 2-3 weeks (Perkins and Scoppetone 1996). Larvae emerge and spend at best only a short time in shallow water along stream edges before moving into lakes. Larval downstream movement occurs mostly at night over about a 6 week period from late march to early June; the timing of outmigration depends on spawning time. The Lost River sucker and shortnose sucker were listed as a Federal endangered species in 1988. On December 1, 1994, the U.S. Fish and Wildlife Service proposed critical habitat for the Lost River sucker and the shortnose sucker of the Upper Klamath River Basin of Oregon and California (proposed rule). The Final Rule designating critical habitat for Lost River sucker and shortnose sucker was published on December 11, 2012. Critical habitat are lands that were determined to be occupied at the time of listing and continue to be occupied that contain the physical or biological features to support life-history processes essential to the conservation of the Lost River sucker and shortnose sucker. Oregon spotted frog - The Oregon spotted frog (Rana pretiosa) is named for the characteristic black spots covering the head, back, sides and legs. The dark spots have ragged edges and light centers, usually associated with a tubercle or raised area of skin. These spots become larger and darker and the edges become more ragged with age. Breeding occurs in February or March at lower elevations and between early April and early June at higher elevations. Males and females separate soon after egg-laying with females returning to fairly solitary lives. Males often stay at the breeding site, possibly for several weeks until egg-laying is completed. The summarized condition required for Oregon spotted frog life cycle is shallow water areas for egg and tadpole survival, perennially deep, moderately vegetated pools for adult and juvenile survival in the dry season, and perennial water for protecting all age classes during cold wet weather. Historically, the Oregon spotted frog ranged from British Columbia to the Pit River basin in northeastern California. Currently, the Oregon spotted frog is found from extreme southwestern British Columbia south through the Puget Trough, and in the Cascades Range from south-central Washington at least to the Klamath Basin in southern Oregon. In addition, Oregon spotted frogs currently have a very limited distribution west of the Cascade crest in Oregon, are considered to be extirpated from the Willamette Valley in Oregon, and my be extirpated in the Klamath and Pit River basins of California. In California, this species has not been detected since 1918 (California Academy of Science Museum Record 44291) at historic sites and may be extirpated (USFWS 2013). In the spring of 2013, the Klamath Falls Fish and Wildlife Office (KFFWO) field crew undertook surveys of known occupied Oregon spotted frog habitat in Klamath County, OR and potential habitat in Modoc County. The KFFWO collaborated with federal agencies to identify potential habitat on federal lands of Modoc County and surveys were carried out according to USGS protocol developed in 2009 and data was recorded on their standardised data sheets. The goal for the 2013 surveys was to visit each site a minimum of two times 1-2 weeks apart during the breeding season. No evidence of Oregon spotted frogs was found at any of the California sites (USFWS 2013). EFFECTS OF THE PROPOSED ACTION Lost River sucker and shortnose sucker This species is found outside the watershed of the proposed project area. There will be no direct, indirect, or cumulative effects on these species or its critical habitat. Lassen 15 Aquatic BA 3 Last updated: October 14, 2016

Oregon spotted frog In California, this species has not been detected since 1918 at historical sites. The current Proposed Rule to list the Oregon spotted frog as a threatened species and designate Critical Habitat under the Endangered Species Act does not include any habitat within the State of California. Recent surveys found no evidence of Oregon spotted frogs within Modoc County. There will be no direct, indirect, or cumulative effects on these species or its critical habitat. DETERMINATION OF EFFECTS Based on my analysis of effects of the project, it is my determination that this project: Will have No Effect on any federally listed species or their critical habitat by implementation of the proposed action. This determination is based on the fact that Lost River sucker, shortnose sucker, and Oregon spotted frog are found outside the watershed of the proposed project area. This BA was written in accordance with the requirements set forth under Section 7 of the Endangered Species Act (19 U S C 1536 (c)) and follows standards established in Forest Service Manual direction (FSM 2672.42). LITERATURE CITED Perkins, D.L., and G. G. Scoppetone. 1996. Spawning and migration of Lost River suckers (Deltistes luxatus) and shortnose suckers (Chasmistes brevirostris) in the Clear Lake drainage, Modoc County, California. Natl. Biol. Serv. Calif. Field Office, Reno, Nev. Rpt. CDFG contract FG1494. 52 pp. US Fish and Wildlife Service. 2016. Listed, Proposed, and Candidate Species that may occur in Modoc County, California. US Fish and Wildlife Service. 2013. Endangered and Threatened Wildlife and Plants; Threatened Status for Oregon Spotted Frog; Proposed Rule, Vol.78, No.168. US Fish and Wildlife Service. 2013. Klamath Falls Fish & Wildlife Office 2013 Field Report. Oregon Spotted Frog. Draft Unpublished Report. 15 pp. US Fish and Wildlife Service. 2012. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Lost River and Shortnose sucker; Final Rule. Federal Register, Vol.77, No.238. US Fish and Wildlife Service. 1993. Lost River (Deltistes luxatus) and Shortnose (Chasmistes brevirostrus) Sucker Recovery Plan. Portland, Oregon. 108 pp. Lassen 15 Aquatic BA 4 Last updated: October 14, 2016

US Forest Service. 2004. Sierra Nevada Forest Plan Amendment Final Supplemental Environmental Analysis and Record of Decision. USDA Forest Service, Pacific Southwest Region. Vallejo, California. US Forest Service. 1991. Modoc National Forest Land and Resource Management Plan. Alturas, California. 3 volume set + maps and appendices. Lassen 15 Aquatic BA 5 Last updated: October 14, 2016