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Wildlife & Ecosystems

Recent Developments

Listed below are recent developments pertinent to wildlife and ecosystems from the past six months.  If you would like to suggest a recent development on this topic, please submit a short description to AASHTO (including any pertinent links) on the Share Info with AASHTO form.

• FWS Finds Monarch ESA Listing ‘Warranted but Precluded’

  The U.S. Fish and Wildlife Service has determined that listing of the monarch butterfly as endangered under the Endangered Species Act is warranted, but it is precluded at this time due to higher priority actions. In a notice of 12-month finding, FWS said it will review the finding every 12 months and will develop a rule to list the monarch “as priorities allow.” The service said its decision considered many ongoing conservation efforts, including the Nationwide Candidate Conservation Agreement for Monarch Butterfly on Energy and Transportation Lands and other efforts to address threats to the monarch and its habitat. For more information, link to the announcement and Federal Register notice. (12-17-20)

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• Fish and Wildlife Service Finalizes Rule on ‘Take’ of Migratory Birds

  The U.S. Fish and Wildlife Service has issued a final rule governing take of migratory birds under the Migratory Bird Treaty Act. The rule defines the scope of the MBTA's prohibitions to reach only actions directed at migratory birds, their nests, or their eggs. It also clarifies that injury to or mortality of migratory birds that results from, but is not the purpose of, an action (i.e., incidental taking or killing) is not prohibited by the MBTA. For more information, link to the rule. (1-5-21)

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• FWS Finalizes ESA Rules on Critical Habitat

  Final regulations regarding establishing critical habitat and the regulatory definition of habitat under the Endangered Species Act have been issued by the U.S. Fish and Wildlife Service. One rule provides the framework for how FWS will consider the economic impact, impact on national security, and other relevant impacts when designating critical habitat. Categories of “other relevant impacts” include public health and safety, community interests, and the environment, such as the increased risk of wildfire or pest and invasive species management. For more information on the critical habitat rule, link to the announcement. The second rule provides an underlying definition of “habitat” for use in critical habitat designations. It defines habitat as: “the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support one or more life processes of a species.” For information on the definition of habitat rule, link here. (12-17-20)

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• Agencies, Businesses Apply to Participate in Monarch Conservation Agreement

  Eight transportation agencies and eight energy companies have applied to participate in the nationwide conservation agreement for the monarch butterfly, the U.S. Fish and Wildlife Service has announced. The Nationwide Candidate Conservation Agreement with Assurances for Monarch Butterfly on Energy and Transportation Lands, launched in April, encourages transportation and energy partners to provide and maintain monarch habitat on potentially millions of acres of rights-of-way and associated lands. FWS said these applicants, alone, “have the potential to conserve and restore more than 600,000 acres of monarch habitat on 2.3 million acres of rights-of-way in 22 states.” The agency also expects more participants to join. In order to enroll in the agreement, participants must commit to measures including monitoring and adaptive management practices. (see related case study) For more information, link to the announcement. (8-26-20)

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• Critical Habitat Designation Process Clarified Under FWS Proposal

  The U.S. Fish and Wildlife Service has proposed to change the process for determining critical habitat designations under the Endangered Species Act. The proposed rule provides the framework for how the Service will take into consideration the economic impact, impact on national security and other relevant impacts of designating critical habitat. Additionally, the proposed regulations would provide categories of “other relevant impacts” that the Service may consider, including public health and safety, community interests and the environment, such as increased risk of wildfire or pest and invasive species management. For more information link to the news release and frequently asked questions. (9-4-20)

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• FWS Determines Critical Habitat Designation ‘Not Prudent’ for Rusty Patched Bumble Bee

  The U.S. Fish and Wildlife Service has issued a determination that it will not designate critical habitat for the rusty patched bumble bee. Finding that such designation is “not prudent,” FWS said “present or threatened destruction, modification, or curtailment of habitat is not the primary threat to the species, and the availability of habitat does not limit the conservation of the rusty patched bumble bee now, nor will it in the future.” For more information, link to the notice. (9-1-20)

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• Court Rejects Interior Policy on 'Incidental Take' of Migratory Birds

  A federal court has vacated the U.S. Department of Interior’ December 2017 Solicitor’s Opinion and related guidance which stated that the Migratory Bird Treaty Act (MBTA) “does not prohibit incidental take.” The 2017 Interior opinion, which reversed prior interpretations, stated that “the statute’s prohibitions on pursuing, hunting, taking, capturing, killing, or attempting to do the same apply only to affirmative actions that have as their purpose the taking or killing of migratory birds, their nests, or their eggs.” In its Aug. 11 decision, the U.S. District Court for the Southern District of New York vacated and remanded the 2017 opinion as contrary to the “plain meaning” of the MBTA, and in violation of the Administrative Procedure Act. For more information, link to the court decision. (8-11-20)

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• Proposed ESA Rule Would Redefine ‘Habitat’

  A proposal to redefine “habitat” under federal Endangered Species Act regulations has been issued by the U.S. Fish and Wildlife Service and National Marine Fisheries Service. The proposal would define habitat as, “The physical places that individuals of a species depend upon to carry out one or more life processes. Habitat includes areas with existing attributes that have the capacity to support individuals of the species.” The proposal also offers an alternate definition and seeks public comments. Link to the proposal. (8-5-20)

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• Endangered Species, Pesticides Revised Evaluation Method Released

  The Environmental Protection Agency has announced a new method for evaluating the effects of registered pesticides on endangered and threatened species. The Revised Method will streamline pesticide registration review decisions while also ensuring that the impacts to endangered and threatened species are minimized. The final Revised Method incorporates high-quality pesticide usage data into the agency’s biological evaluation (BE) process for the first time and was informed by input from a wide range of stakeholders, including states, tribes, environmental groups, and agricultural groups. For more information, link to the announcement and the Revised Method. (3-12-20)

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• Study Analyzes Wildlife Responses to Traffic Noise, Light

  A study by the Road Ecology Center at UC Davis analyzes the distribution of wildlife relative to highways and wildlife behavior in response to instantaneous traffic disturbance. Researchers measured traffic noise and light levels and placed motion- and heat-triggered cameras at 26 bridges and culverts along four interstate highways, 11 state highways and one major county road across California. The study found complex and species-specific responses to noise and light from traffic, prompting researchers to begin to design crossing that will meet the behavioral needs of wildlife. To access the report, link here. (6-9-20)

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• June 10 Webinar: Wildlife Behavior in Response to Traffic Disturbance

  A June 10 webinar hosted by University of California, Davis, will present findings of a study of traffic impacts on wildlife behavior. The study, by the Road Ecology Center at UC Davis, looked at the distribution of wildlife relative to highways and wildlife behavior in response to instantaneous traffic disturbance. The study found complex and species-specific responses to noise and light from traffic, prompting researchers to begin to design crossing that will meet the behavioral needs of wildlife. For webinar registration, link here. (5-26-20)

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• Virginia DOT Works on Plan to Protect Migratory Birds

  The Virginia Department of Transportation has announced a strategy, in coordination with the state Department of Game and Inland Fisheries, to protect migratory sea birds that nest on the South Island of the Hampton Roads Bridge-Tunnel, an artificial island in the Chesapeake Bay. The South Island is where construction equipment will be based during the expansion of the bridge-tunnel, a project intended to reduce congestion and improve safety in eastern Virginia. The multi-agency strategy includes a management plan, the creation or acquisition of new or alternative nesting habitat, and the issuance of regulations that would provide for “incidental take” permits for migratory birds for the duration of the construction. For more information, link to the announcement. (2-14-20)

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• Research Provides Review of Wildlife Connectivity Mitigation Credits

  A synthesis of information that addresses the valuation of wildlife crossing structures for the purposes of meeting environmental permit requirements and developing mitigation measures has been issued under the National Cooperative Highway Research Program (NCHRP Web-Only Document 280). The report, developed under NCHRP 25-25, Task 117, says that there are many potential metrics to value wildlife connectivity, including categories that evaluate the conditions or functions of habitat, computer models, and the calculation of avoided cost. The report also says that a national set of metrics or quantification methods is infeasible because of variations in ecosystems and species. In addition, the report says that in the absence of market-driven mitigation banking, the economic impacts of wildlife-vehicle collisions could serve to value the wildlife crossings or other connectivity mitigation. The report includes four case studies of state DOTs that have quantified values intrinsic to wildlife using various non-market valuation techniques. For more information, link to the report. (2-24-20)

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• FWS Issues Proposed Rule on Incidental Impacts to Migratory Birds

  The U.S. Fish and Wildlife Service has issued a proposed rule that would modify the scope of incidental impacts under the Migratory Bird Treaty Act (MBTA). The rule proposes to specify that only actions that are intentionally injuring birds are prohibited by the MBTA, and that actions with the unintentional (incidental) result of injury or death to migratory birds are not prohibited under the act. The service also will be preparing an environmental impact statement for the proposed rule. Comments be submitted until March 19, 2020. For more information, link to the service’s proposed rule page and the official text of the propose rule. (2-3-20)

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• NCHRP Report Profiles Designs for Small Animal Crossings

  Transportation agencies can help to reduce reptile, amphibian, and small mammal deaths on roads and highways with the effective design and construction of crossing structures and barriers, according to a study conducted under the National Cooperative Highway Research Program. The project, NCHRP 25-25/Task 113, Road Passages and Barriers for Small Terrestrial Wildlife: Summary and Repository of Design Examples, includes a project summary report, presentation slides, seven case studies, a literature review report, and a report from the survey. In addition, the project developed design considerations for six categories of crossings and barriers that includes technical drawings, images, and other guidelines. The project report says that more research is needed to further determine effective crossing and barrier designs, especially for reptiles. For more information, link to the NCHRP project page. (9-23-19)

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• USFWS Revises Endangered Species Regulations

  The U.S. Fish and Wildlife Service has issued three final rules that adopt a suite of changes to the regulations implementing the Endangered Species Act. One rule addresses provisions that automatically give threatened species the same protections as higher-priority endangered species, to align with the National Marine Fisheries Service’s regulations. The second rule affects how the agency will consider the future when making listing decisions and designating critical habitat. The third adopts changes to some of the parameters under which other federal agencies must consult with FWS and NMFS to ensure their actions do not jeopardize the continued existence of listed species, or destroy or adversely modify critical habitat. The changes don’t apply to species that are already on the threatened list. The latter two of the rules are jointly issued with NMFS. For more information, link to the FWS ESA rule website. (8-12-19)

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• USFWS Describes Benefits of Refuges for Wildlife Corridors

  The U.S. Fish and Wildlife Services has published a feature story outlining the importance of National Wildlife Refuges in connecting and maintaining wildlife corridors for birds, fish, and mammals. It discusses the use of elk jumps at National Elk Refuge in Wyoming, and planned improvements to migration corridors to be funded by grants to state and local partners in Western states. Other examples include Laguna Atascosa National Wildlife Refuge, where seven road underpasses have been built to help ocelots and other small mammals, and three more tunnels are scheduled for completion soon. Additional information is provided on efforts related to fish passage, pollinators, and the Canada lynx. For more information, link to the feature story. (7-24-19)

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• Research Analyzes Best Designs for Artificial Bat Roosts

  An analysis of best mitigation design practices for artificial bat roosts on transportation structures is provided in a new report published under the National Cooperative Highway Research Program (NCHRP 25-25, Task 102). The report, Artificial Bat Roost Mitigation Designs and Standardized Monitoring Criteria, provides information on how to detect the presence of bats, along with strategies to avoid, minimize, and mitigate impacts to bats from transportation projects. For more information, including the report, best practices manual, and presentation, link here. (6-18-19)

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• Study Shows Animal Detection System Can Deter Collisions

  The Virginia Department of Transportation has issued a new study on the use of buried cable animal detection systems as a way to mitigate collisions between wildlife and vehicles. The system would provide warnings to drivers when triggered by the active presence of an animal on or near the roadway. During an 11-month study period, VDOT found the system capable of detecting deer and sometimes smaller animals such as coyotes with 99% reliability. The system also performed well when covered by snow. VDOT also found that by using the buried cable connected to a flashing warning sign, approximately 80% of drivers either braked or slowed in response. For more information, link to the study. (6-20-19)

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• FWS Issues Grants to States for Coastal Protection

  The U.S. Fish and Wildlife Service has announced the awarding of more than $20 million to 11 coastal states to protect, restore, or enhance more than 7,000 acres of coastal wetlands and adjacent upland habitats. The funds are being awarded to 22 projects under the agency’s National Coastal Wetlands Conservation Grant Program. The projects are expected to have multiple benefits such as boosting coastal resilience, reducing flood risk, enhancing habitat, stabilizing shorelines, and protecting natural ecosystems. For more information, including descriptions of the winning projects, link to the grants web page. (5-8-19)

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• DOTs to Partner in Conservation Effort for Monarch Butterflies

  State transportation agencies would play a key role in an unprecedented conservation effort for the monarch butterfly announced by the U.S. Fish and Wildlife Service. Under the agreement, voluntary conservation efforts will be undertaken by a coalition of transportation agencies and energy companies on highway and energy rights of way in the hopes of precluding the need to list the monarch as an endangered species. In return, the agreement would provide regulatory assurances to participants that additional conservation measures would not be required if the butterfly were to be listed in the future under the Endangered Species Act. For more information, link to the FWS’ Nationwide Candidate Conservation Agreement on Energy and Transportation Lands., (4-12-19)

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• Report Identifies Urgent Situation for Western Monarch Butterfly

  A report that evaluates the key challenges to the western monarch butterfly population has been issued by the Environmental Defense Fund. The report identifies an 86 percent drop in the population since last year, and finds that the reasons for the decline involve various factors including the development impacts on habitat, pesticide exposure, climate change, parasites, and disease. The report concludes that partnerships between landowners, resource agencies, and conservation groups are necessary to reverse the decline. For more information, link to the report. (4-2-19)

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• FHWA Updates List of State DOT Pollinator-Friendly Practices

  The Federal Highway Administration has updated its list of pollinator-friendly practices in roadside vegetation management by state DOTs. There are now programs featured from 33 state DOTs, including pollinator habitat programs, guidelines, project enhancements, and vegetation management efforts. For more information, link to the State DOT Pollinator-Friendly Practices section on the FHWA Pollinators website. (2-19-19)

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• Report Highlights Wildlife Crossing Workshop and Peer Exchange

  The Federal Highway Administration has issued a summary report on an October 2018 Eco-Logical workshop held in Maggie Valley, N.C., focused on wildlife crossings. Workshop attendees shared information on wildlife data collection, data collection techniques, wildlife crossing options, and wildlife-vehicle collisions in the North Carolina/Tennessee I-40 corridor. For more information, link to the summary report. (2-5-19)

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• USFWS Proposes Recovery Plan Amendments for 42 Species

  The U.S. Fish and Wildlife Service has announced the availability of 26 draft recovery plan amendments for 36 endangered and six threatened plant and animal species across eight states. The agency is seeking any information that may help the agency understand the species’ biology, threats, and recovery needs; identify implementation issues and concerns; and facilitate more effective implementation. Affected states include Arizona, California, Colorado, Hawaii, New Mexico, Texas, Utah, and Washington. For more information, link to the announcement and Federal Register notice. (1-30-19)

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