PAL Agreement Details
Home » Programmatic Biological Opinion for Projects Funded or Approved under the Federal Aid Program (HAD-CA, File #: Section 7 with Ventura USFWS, Document #: S38192) (1-8-02-F-68)
Programmatic Biological Opinion for Projects Funded or Approved under the Federal Aid Program (HAD-CA, File #: Section 7 with Ventura USFWS, Document #: S38192) (1-8-02-F-68)
Endangered Species
California
08/12/2020
Agreement Overview:
This programmatic agreement (PA) outlines the US Fish and Wildlife Service’s (USFWS) biological opinion regarding projects funded under the Federal Highway Administration’s Federal aid program with minor effects on the federally endangered California red-legged frog (Rana aurora draytonii). Caltrans serves as a liaison to FHWA on Federal aid projects and oversees the use of the PA in Federal aid projects in the Local Assistance Program. The PA provides guidelines to evaluate effects and minimize impacts on the red-legged frog within the Ventura Fish and Wildlife Service Office area of responsibility: San Benito, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Ventura, and Los Angeles counties. The PA offers flexibility for FHWA or the project sponsor to include additional measures to protect the red-legged frog. As part of the reporting requirement in the PA, FHWA or the project sponsor must submit a site survey report and project completion form to USFWS, which provide details on project activities and measures employed to protect the red-legged frog. It should be noted that the BO identifies specific compensation requirements in its Terms and Conditions. The Federal Endangered Species Act does not mandate replacement of species habitat. However, California presents a unique environment with competing interests, stringent enforcement of state and federal laws and additional laws and requirements that are not typically encountered in other parts of the country. For example, California has its own State Endangered Species Act with low thresholds of significant adverse impact and mandatory efforts to mitigate impacts to a level below that of significance. In addition, there are the California Department of Fish and Game required agreements for streambed alterations, Section 401, Clean Water Act, permits administered by the California Regional Water Quality Control Boards and numerous other federal, state and local compliance requirements. To accommodate as many jurisdictions as reasonable and prudent, FHWA attempts to achieve BO’s that can satisfy a wide range of interests. Typically, this encompasses compensation to further address and mitigate adverse impacts to listed species. In this way, FHWA is contributing to streamlining the consultation process, accommodating the needs of other agencies and enacting progressive approaches to conservation and recovery of listed species.
Signatories
US Fish and Wildlife Service
Federal Highway Administration
2003
No expiration date
Any amendment or change to the PA requires agreement of all signatory agencies. Although Caltrans is not a signatory agency, Caltrans may provide justification to FHWA to amend the PA at any time and coordinate with USFWS through FHWA. FHWA provides USFWS an annual list of projects that occurred under the provisions of the PA and may recommend changes to the PA at that time. Reinitiation of formal consultation is required if : (1) the amount or extent of incidental take is exceeded; (2) new information reveals potential effects not considered in this PA; (3) project scope and its impact on the red-legged frog changes; or (4) a new species is listed or new critical habitat is designated that may be affected by the project. FHWA may also reinitiate consultation when, all of the projects conducted under the PA in any given year result in: (a) 10 red-legged frogs (50 red-legged frogs total for the life of the PA) have been killed/injured; (b) 20 acres (100 acres total for the life of the PA) of wetland and riparian habitat have been permanently lost; or (c) 100 acres (500 acres total for the life of the PA) of wetland and riparian habitat have been temporarily disturbed.
The PA eliminates the need to conduct individual biological opinions and streamlines project delivery. The PA has not been used extensively as the availability of the PA is not widely known at Caltrans and Caltrans is looking into developing training on how to use the PA to promote its use.
Jonathan Synder
Biologist
US Fish and Wildlife Service
Carlsbad Fish and Wildlife Office
760-431-9440 x307
[email protected]
Steve Kirkland
Biologist
US Fish and Wildlife Service
Ventura Fish and Wildlife Office, South Coast Division
805-644-1766 x267
[email protected]
Joseph Vaughn
Environmental Specialist
Federal Highway Administration
California Division-Project Development and Environment
916-498-5346
[email protected]
Paul Caron
Senior Environmental Planner (Natural Sciences)
Caltrans, Division of Environmental Planning
213-897-0610
[email protected]
Agreement Document
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