Attach__No__1B_-_E-3Skid_Strip_Mod.pdf

Biological Opinion

Skid Strip Modification - Brevard

FWS Log No. 04EF1000-2019-F-0121

Prepared by:

U.S. Fish and Wildlife Service North Florida Ecological Services Office

7915 Baymeadows Way, Suite 200 Jacksonville, FL 32256-7517

Jay B. Herrington, Field Supervisor Date

CCAFS–Skid Strip Airfield FWS Log No. 04EF1000-2019-F-0121 Formal Consultation

TABLE OF CONTENTS

CONSULTATION HISTORY

BIOLOGICAL OPINION

1. INTRODUCTION

2. PROPOSED ACTION

2.1. Land Clearing/Grubbing/Grading for the Construction

2.2. Compensation

2.3. Other Activities Caused by the Action

2.4. Action Area

2.5. Tables and Figures for the Action Area

3. INFORMATION COMMON TO MULTIPLE SPECIES

3.1. Consultation Baseline

3.2. Habitat

3.3. Compensation

4. Status of Eastern Indigo Snake

4.1. Species Description

4.2. Life History

4.3. Numbers, Reproduction, and Distribution

4.4. Conservation Needs of and Threats to Eastern Indigo Snake

4.5. Environmental Baseline for Eastern Indigo Snake

4.6. Effects of the Action on Eastern Indigo Snake

4.7. Conclusion for Eastern Indigo Snake

5. Status of Florida Scrub Jay

5.1. Species Description

5.2. Life History

5.3. Numbers, Reproduction, and Distribution

5.4. Conservation Needs and Threats

5.5. Environmental Baseline for Florida Scrub-Jay

5.6. Effects of the Action on Florida Scrub-Jay

5.7. Conclusion for Florida Scrub-Jay

6. Status of Southeastern Beach Mouse

6.1. Species Description

6.2. Life History

6.3. Numbers, Reproduction, and Distribution

6.4. Conservation Needs and Threats

6.5. Environmental Baseline for Southeastern Beach Mice

6.6. Effects of the Action on Southeastern Beach Mice

CCAFS–Skid Strip Airfield FWS Log No. 04EF1000-2019-F-0121

6.7. Conclusion

7. Incidental Take Statement

7.1. Amount or Extent of Take

7.2. Reasonable and Prudent Measures

7.3. Terms and Conditions

7.4. Monitoring and Reporting Requirements

8. CONSERVATION RECOMMENDATIONS

9. REINITIATION NOTICE

10. LITERATURE CITED

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CONSULTATION HISTORY

This section lists key events and correspondence during the course of this consultation. A complete administrative record of this consultation is on file in the United States Fish and Wildlife Service (Service) North Florida Ecological Service Office.

2001-07-20 The Service received a letter requesting informal consultation on the installation of three electronic wind indicators near the east and west terminus and mid-point of the CCAFS existing Skid Strip. In accordance with the CCAFS Scrub Habitat Compensation Plan, compensation for the loss of 25 acres was completed through the restoration (cutting/burning) of 100 acres of mature scrub location on the south portion of CCAFS.

2006-07-25 The Service met with the representative of the 45 SW to discuss another project.

At that meeting, the Skid Strip was briefly discussed. On March 27, 2007, the Service met with the representatives from CCAFS to discuss the Skid Strip. At that meeting, the Service discussed with representatives of the 45 SW the impacts of the proposed project on the scrub-jay recovery goals at CCAFS. Clearing 410.83 acres of scrub habitat will not remove them from achieving their recovery goals. The proposed restoration will create two scrub-jay corridors and will take place in addition to the 500 acres of scrub restoration per year using mechanical treatment followed by controlled burning as a goal in the Integrated Natural Resource Management Plan

(INRMP).

2008-10-15 The Service received the BA initating formal consultation on the Skid Strip modification.

2008-03-10 The Service received an email from Angy Chambers, a representative of the 45

SW, with new information on burn restrictions on the skid strip modification and associated facilities. The new facilities are not expected to have any more control burn restrictions than the current facilities.

2008-05-08 The Service issued a final biological opinion for the scrub-jay (41910-2008-F-

0148).

2009-11-30 The Service issued an amendment to the Skid Strip Modification BO (41910- 2010-F-0019). Proposed clearing for the project, 415.12 acres and proposed compensation 1,290.48 acres.

2009-12-17 The 45 SW reinitiated consultation for the Skid Strip Modification to make changes to the footprint of the action, which included the construction of a transporter road between the Skid Strip and a nearby satellite processing area.

2010-06-06 The 45 SW again reinitiated consultation for the Skid Strip Modification BO due to changes in mitigation associated with the Action. Additionally, the level of

CCAFS–Skid Strip Airfield FWS Log No. 04EF1000-2019-F-0121 incidental take for scrub-jays was increased due to new information indicating more individuals inhabited the action area than originally considered.

2011-09-15 The Service issued an amendment to the Skid Strip Modification BO (2010-F-

0386). Burning requirements were modified to a 2:1 ratio over a 10-year rolling basis.

A consensus was reached that an average of 300 acres per year over a rolling 10-year time frame would be established and future Section 7 consultation conservation measures would occur at a 2:1 ratio.

2019-11-16 The 45 SW requested reinitiation of Formal Section 7 Consultation for Skid Strip

Modifications and Transporter Road.

2019-03-22 The Service agreed to the proposed compensation changes for the Skid Strip airfield.

2020-04-15 The Service and the 45th SW agreed to extension of the BO, with the proposed

BO issued on August 10, 2020.

2020-08-06 The Service sent a draft BO for Angy Chambers to review and comment.

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BIOLOGICAL OPINION

1. INTRODUCTION

A biological opinion (BO) is the document that states the findings of the U.S. Fish and Wildlife Service (Service) required under section 7 of the Endangered Species Act of 1973, as amended (ESA), as to whether a Federal action is likely to:

• jeopardize the continued existence of species listed as endangered or threatened; or

• result in the destruction or adverse modification of designated critical habitat.

The Federal action addressed in this BO is the 45th Space Wing (SW) at Cape Canaveral Airforce Station’s (CCAFS) proposed changes to the habitat restoration associated with the Skid Strip Modification BO, 2010-F-0386, and the expanding/shifting the development area for the Rapid Capabilities/ICO Office Beddown facility adjacent to Phase V clearing. Clearing within Phase V and the associated development of this facility is approximately 78 acres located on the south side (the Action).

To date, most of the clearing associated with the airfield clear zone has been completed and incidental take associated with the clearing was exempted under the biological opinions FWS Log #: 2010-F-0386, 2008-F-0148, and 2009-F-0019. The total area proposed to be cleared is

424.79 acres, with 78 acres that have not been modified yet. This BO considers the effects of the expanding the Action and the changes to compensation on, eastern indigo snake (Drymarchon couperi), Florida Scrub-Jay (Aphelocoma coerulscens ), and southeastern beach mouse (Peromyscus polionotus niveiventris).

Changes to habitat management include the following modifications:

• Removal of Land Management Units (LMUs) 119 and 84 from compensation, associated with Phase 1 and 5, respectively.

• Commit to manage, treat and remove invasive species in 35 LMUs (153 acres) to benefit the species under consultation.

BO Analytical Framework

A BO that concludes a proposed Federal action is not likely to jeopardize the continued existence of listed species and is not likely to result in the destruction or adverse modification of critical habitat fulfills the Federal agency’s responsibilities under §7(a)(2) of the ESA.

“Jeopardize the continued existence means to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species” (50 CFR §402.02).

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“Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat as a whole for the conservation of a listed species” (50 CFR §402.02).

The Service determines in a BO whether we expect an action to satisfy these definitions using the best available relevant data in the following analytical framework (see 50 CFR §402.02 for the regulatory definitions of action, action area, environmental baseline, effects of the action, and cumulative effects).

a. Proposed Action. Review the proposed Federal action and describe the environmental changes its implementation would cause, which defines the action area.

b. Status. Review and describe the current range-wide status of the species or critical habitat.

c. Environmental Baseline. Describe the condition of the species or critical habitat in the action area, without the consequences to the listed species caused by the proposed action.

The environmental baseline includes the past and present impacts of all Federal, State, or private actions and other human activities in the action area, the anticipated impacts of all proposed Federal projects in the action area that have already undergone formal or early consultation, and the impacts of State or private actions which are contemporaneous with the consultation.

d. Effects of the Action. Predict all consequences to species or critical habitat caused by the proposed action, including the consequences of other activities caused by the proposed action, which are reasonably certain to occur. Activities caused by the proposed action would not occur but for the proposed action. Effects of the action may occur later in time and may include consequences that occur outside the action area.

e. Cumulative Effects. Predict all consequences to listed species or critical habitat caused by future non-Federal activities that are reasonably certain to occur within the action area.

f. Conclusion. Add the effects of the action and cumulative effects to the environmental baseline, and in light of the status of the species, formulate the Service's opinion as to whether the action is likely to jeopardize species or adversely modify critical habitat.

2. PROPOSED ACTION

This BO will include an updated status and analysis for the effects of increasing the footprint at the Skid Strip for the Rapid Capabilities/ICO Office Beddown development area and changes in the previously proposed compensation. Portions of previously analyzed Skid Strip airfield have been cleared with the exception of approximately 78 acres located on the south side (outlined in red and yellow on Figure 2-3).

The previous BO actions at the Skid Strip airfield include the removal of vegetation from airfield clearance surfaces is found in Unified Facilities Criteria (UFC) 3-260-01, Airfield and Heliport Planning and Design. The following are the driving requirements for vegetation removal:

a. Clear zone grading area (1,000 feet from threshold and 1,000 feet each side of runway extended centerline) to be free, clear and grubbed of all obstructions due to the highest probability of an accident in this area.

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b. 50:1 approach/departure surface area, starting 200 feet from the threshold object, must be 50 feet away for each foot of rise. Trees are required to be maintained a minimum of 10 feet below penetration of this imaginary surface.

c. 7:1 transitional surface – no object is to be above the surface of the ground within 1,000 feet of runway centerline (existing tree line is/was at 500 feet). At the end of the 1,000 feet a 7:1 ratio begins for each foot of rise the object must be an additional seven feet away from the runway centerline to be compliant. This results in an additional approximately 72’ of clearing.

Figure 2-1 illustrates the original condition (prior to any clearing) of the airfield with the required clearing outlined in purple.

In addition to clearing of vegetation, each end zone will have a 200’ wide x 1,000’ long grassy area paved. Additionally, shallow stormwater retention ponds will be constructed in the grassy clear zone on each end. The paved overruns are outlined in pink on Figure 2-1; the stormwater ponds are outlined in orange.

To date, most of the clearing associated with the airfield clear zone has been completed, ongoing mowing continues to maintain grassed areas. Figure 2 illustrates the most current state of the airfield using more recent imagery. The construct transporter road between the airfield and the Spacecraft Processing Area (Area 59) was completed in 2012.

This BO will include an updated analysis for the effects of increasing the footprint of the Skid Strip for the Rapid Capabilities/ICO Office Beddown development area, Figure 2-3, and requested change in the some of the proposed compensation (LMU 84,119).

2.1. Land Clearing/Grubbing/Grading for the Construction

The clearing of approximately 429.79 acres is required to maintain the airfield, construct the transporter road, and for the development of the Rapid Capabilities/ICO Office Beddown area.

Figure 2-2 shows the Phase V airfield clearing and Figure 2-3 shows the footprint of the Rapid Capabilities/ICO Office Beddown. The clearing associated these areas is approximately 78 acres.

Construction will commence after completion of clearing and grading for the Rapid Capabilities/ICO Office Beddown development areas.

2.2. Compensation

CCAFS proposing to modify the proposed compensation under the original BO issued in issued in April 2008 (41910-2008-F-0148), followed by two amendments in October 2009 (41910-2010-F-0019) and September 2011 (41910-2010-F-0386).

The compensation will cover swapping compensation of Phase 1(clearing already completed), LMU 119, for the treatment of 30 acres of Brazilian pepper and other and other pervasive invasive vegetation. Proposed LMUs are 10, 7, and 21, and these LMUs categorized as good or

CCAFS–Skid Strip Airfield FWS Log No. 04EF1000-2019-F-0121 fair and not previously part of any other mitigation. These are subject to change and if changes are considered then CCAFS will notify the Service to amend the consultation.

For Phase V of the airfield clearing, the LMUs anticipated to be treated are 1, 2, 3, 4, 5, 7, 23, 31, 32, 33 (W), 38 (W), 39, 48, 49, 79, 80, 81, 82, 88, 99, 100, 102, 103, 110, 118, 121, 135, 136, 139, 142, 146 and 173. This is in exchange for the proposed LMU 84, near the coast.

Compensation to manage prescribed burning at 300 acres per year over a rolling 10- year time frame and target areas adjacent to occupied habitat (2:1 ratio) will remain unchanged.

2.3. Other Activities Caused by the Action

A BO evaluates all consequences to species caused by the proposed Federal action, including the consequences of other activities caused by the proposed action, that are reasonably certain to occur (see definition of “effects of the action” at 50 CFR §402.02). Additional regulations at 50 CFR §402.17(a) identify factors to consider when determining whether activities caused by the proposed action (but not part of the proposed action) are reasonably certain to occur. These factors include, but are not limited to:

(1) past experiences with activities that have resulted from actions that are similar in scope, nature, and magnitude to the proposed action;

(2) existing plans for the activity; and

(3) any remaining economic, administrative, and legal requirements necessary for the activity to go forward.

In its request for consultation, the CCAFS did not describe, and the Service is not aware of, any additional activities caused by the Action that are not included in the previous description of the proposed action. Therefore, this BO does not address further the topic of “other activities” caused by the action.

2.4. Action Area

The action area is defined as “all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action” (50 CFR §402.02). Delineating the action area is necessary for the Federal action agency to obtain a list of species and critical habitats that may occur in that area, which necessarily precedes any subsequent analyses of the effects of the action to particular species or critical habitats.

It is practical to treat the action area for a proposed Federal action as the spatial extent of its direct and indirect “modifications to the land, water, or air” (a key phrase from the definition of “action” at 50 CFR §402.02). Indirect modifications include those caused by other activities that would not occur but for the action under consultation. For species, the action area establishes the bounds for an analysis of individuals’ exposure to action-caused changes, but the subsequent consequences of such exposure to those individuals are not necessarily limited to the action area.

The action area for this consultation is within the CCAFS boundary and includes development actions at the Skid Strip airfield. The action area also includes the proposed compensation land management units (LMU) and the areas that the CCAFS is proposing to treat Brazilian pepper

CCAFS–Skid Strip Airfield FWS Log No. 04EF1000-2019-F-0121 and other pervasive vegetation. Table 2- 1 details Airfield Clearing Compensation LMUs and the tentative year for management actions or year of completed actions. The proposed ratio changed in subsequent reintiations of the BO, and details are within the Consultation Baseline section 3.3.

2.5. Tables and Figures for the Action Area

Table 2-1. Table of the Compensation in Acres

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Figure 2-1. Illustrates the original condition before any clearing of the Skid Strip airfield.

CCAFS–Skid Strip Airfield FWS Log No. 04EF1000-2019-F-0121

Figure 2-2. Illustrates the most current state of the airfield using more recent imagery

CCAFS–Skid Strip Airfield FWS Log No. 04EF1000-2019-F-0121

Figure 2-3. Close up of the proposed Action, Phase V and the clearing area for the Rapid Capabilities/ICO Office Beddown,

3. INFORMATION COMMON TO MULTIPLE SPECIES

3.1. Consultation Baseline

The Action under review is to modify and expand facilities at the Skid Strip airfield (Skid Strip or airfield) and change some of the proposed compensation. Most of the components at the Skid Strip have occurred and the habitat has been cleared, runway airfield constructed and take exempted under, FWS Log #: 2008-F-0148, 2010-F-0019, and 2010-F-0386. This section discusses the past and ongoing human and natural factors leading to the current status of the Skid Strip, including the actions that have been analyzed under the previously issued opinions and the surrounding habitat that support listed species and ecosystem within the action area.

The Skid Strip at CCAFS was constructed in 1952 as a Missile Landing and Test Facility. In 1994, serious safety and operational deficiencies were found and an initial phase of corrective actions eliminated several immediate concerns. In the initial phase, CCAFS developed recommendations for completing the remaining deficiencies and addressing longer term projects to support growth and planning strategies for the next 20-50 years. The original consultation to support growth and planning was completed in 2008. The Skid Strip 2008 BO covered several projects scheduled to start in fiscal year 2008 and end in 2017, depending on funding. Those projects consisted of construction of a new apron, air traffic control tower, airfield operations building, and removal of vegetation that currently violates airfield criteria. The vegetation located within the airfield surface zones must be removed to bring the airfield into compliance with certain criteria that require no obstructions be located within a certain distance around the entire airfield, as well as the approach and departure zones.

Since the original consultation in 2008, two BO amendments have occurred that covered the following actions: additional construction of a transporter road linking the airfield with an adjacent satellite storage/processing facility, changing LMUs where proposed mitigation would occur, clarifying the amount of overall acreage proposed to be cleared, and updating the schedule on when actions were proposed to occur.

CCAFS recently received a request for a Rapid Capabilities/ICO Office Beddown facility, this facility would be constructed in the same general area that was previously proposed for control tower and operations building that was analyzed but not constructed. In 2012, the Customs and Border Patrol (CBP) proposed to construct facilities on this acreage and then decided against construction; therefore, this footprint has remained untouched. The Rapid Capabilities/ICO Office Beddown facility is shifted slightly to the east and Figure 2-3, shows the proposed area for development.

3.2. Habitat

The airfield is located in the central portion of CCAFS. This area is regularly mowed and maintained 500 feet from the centerline of the runway. The remaining vegetation beyond is forested and categorized as coastal/scrub oak. Along the southeastern side of the airfield, the coastal strand indicator species, such as wax myrtle (Myrica cerifera), nakedwood (Myrsianthes fragans) and tough buckthorn (Bumelia tenax) are found in higher densities. The vegetation types have developed a closed canopy, and tree heights are typical in a xeric hammock. Sixty years of fire suppression has creating this expansive hammock scrub.

The coastal/oak scrub mix around the airfield is defined by oaks that appear to be at or close to their maximum height of 25’-30’. Tree-sized cabbage palms (Sabal palmetto) and red bays (Persea borbonia) are interspersed with shrubby saw palmetto, wax myrtle, tough buckthorn, nakedwood and rusty lyonia (Lyonia ferruginea). The coastal/oak scrub is dominated by live oak (Quercus virginiana). Myrtle oak (Quercus myrtifolia), sand live oak (Quercus geminata) and chapman oak (Quercus chapmannii) are also found interspersed around the airfield. Large bays are within the forest along the north, northeast, east, south and southwest sides of the airfield, adding to the hammock structure. Grape vine (Vitis rotundifolia) is atop the canopy and within openings in several areas surrounding the airfield. Many different vascular species are in the understory, such as saw palmetto, rusty lyonia, tough buckthorn, wax myrtle, nakedwood, tallow wood (Ximenia americana) and beautywood (Callicarpa americana).

In areas categorized as disturbed coastal oak/scrub, there are some scattered sandy openings dotted with several small shrubby and herbaceous species such as sand cordgrass (Spartina bakerii), gopher apple (Licania michauxii), prickly pear cactus (Opuntia humifusa), partridge pea (Galactia elliottii), milkwort (Polygala sp.), blueberry (Vaccinium sp.), hempvine (Mikania scandens), Madagascar periwinkle (Catharantus roseus), etc. Brazilian pepper (Schinus terebinthifolius) is also found along the edges of the maintained grassy areas, the lines of sight, and roadways within the clear zone. All areas surrounding the airfield, excluding treated scrub and some disturbed areas, range from 5’-30’ in height. Disturbed coastal/oak scrub height in the clear zone generally ranges from 5’-20’.

Some of the areas around the airfield, primarily the eastern and western ends, have undergone scrub restoration treatment. The canopy of these areas is low-stature, averaging approximately 5’-15’.

3.3. Compensation

Over the years, the CCAFS has reported the status of the airfield projects as well as the restoration activities that have occurred, Table 2- 1, is the current status of the restoration and management. CCAFS staff requested the last BO amendment, issued in September 2011, set the requirement for burning at 300 acres per year over a rolling 10- year time frame. Further, the BO clarified that future consultation compensation would occur at a 2:1 ratio targeting areas adjacent to occupied habitat.

In 2018, the CCAFS was informed that the Navy was proposing to construct a facility within LMU 119, which was one of the original management units for one of the phases of airfield clearing. This resulted in finding alternate compensation to make up for the loss of this unit. AF is proposing to remove LMU 84 from compensation for Phase 5 airfield clearing, which will result in alternate mitigation as well. The AF Conservation staff re-assessed LMU 84 and concluded that restoration of such a large area would have limited future successful utilization/nesting of Florida Scrub-jays because of limited oak presence, dominance of strand/dune species, extensive Brazilian pepper coverage, large wetland areas, and an expected increase of hurricane storm surge overwash events.

4. STATUS OF EASTERN INDIGO SNAKE

This section summarizes best available data about the biology and current condition of the eastern subspecies of indigo snake (Drymarchon couperi, indigo snake) throughout its range that are relevant to formulating an opinion about the Action. The Service published its decision to list the indigo snake as threatened on January 31, 1978 (43 FR 4026–4029).

The following status section is a summary of the status and a comprehensive review can be found in the Eastern Indigo Snake (Drymarchon couperi) Species Status Assessment (SSA) Report (Service 2019).

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4.1. Species Description

The indigo snake is the largest native snake species in North America with a maximum recorded length of 8.5 feet (ft) (2.6 m) (Moler 1992). Its color is uniformly lustrous-black, dorsally and ventrally, except for a red or cream-colored suffusion of the chin, throat, and sometimes cheeks.

Its scales are large, hexagonal, and smooth in 17 scale rows at mid-body (the central 3 to 5 scale rows are lightly keeled in adult males). Its anal plate is undivided (Holbrook 1842). In the Florida Keys, adult indigo snakes seem to have less red on their faces or throats compared to mainland specimens (Lazell 1989).

4.2. Life History

Relative to other snake species, adult indigo snakes have very large activity ranges and can move considerable distances in short periods of time (Service 2008). Home range is variable depending on the ecoclimate and availability of habitat in the region (Breininger et al. 2011; Dodd and Barichivich 2007; Moler 1992; Bauder and Jenkins 2013; Ceilley et al. 2014; Hyslop 2007; Kehl et al. 1991; Layne and Steiner 1996; Legare and Breininger 2002; Moler 1985a; Smith 1987;

Speake et al. 1978). Male indigos are known to have larger home range sizes than females, likely due to searching for mates in the area or due to their larger size (Dodd and Barichivich 2007;

Moler 1985b, Smith 1987). Studies on indigo snakes in central Florida found that home ranges in urban and fragmented landscapes were significantly smaller than those snakes in more natural landscapes (Breininger et al. 2011, entire, Bauder et al. 2018). Home range size for the species ranges from 1.6–1,530 ha (Layne and Steiner 1996; Breininger et al. 2011).

South of Gainesville, FL the species is tied less to longleaf and Sandhill and more of a habitat generalist, although the species still require below-ground shelter and commonly use xeric habitat when available. The species may be found in most terrestrial habitats except high-density urban development. The species commonly uses gopher tortoise burrows for thermal refugia.

Habitat types in northern areas of their range may relate to the need for thermal refugia (Lane and Steiner 1996, Enge et al. 2013, Bauder 2016).

Most information on the reproductive cycle of indigo snakes is from data collected in north Florida. In this geographical area, breeding occurs between November and April, and females deposit 4 to 12 eggs during May or June (Moler 1992). Speake et al. (1987) reported an average clutch size of 9.4 for 20 captive bred females. Throughout the entire range, eggs are laid from late May through August, and young hatch in approximately 3 months. Peak hatching activity occurs between August and September, and yearling activity peaks in April and May (Groves 1960, Smith 1987). Limited information on the reproductive cycle in south-central Florida suggests that the breeding and egg-laying season may be extended. In this region, breeding extends from June to January, laying occurs from April to July, and hatching occurs during mid-summer to early fall (Layne and Steiner 1996).

Indigo snakes spend a great deal of time foraging and searching for mates. The species is diurnal throughout its range (Service 2008). The indigo snake will eat most vertebrates small enough to

CCAFS–Skid Strip Airfield FWS Log No. 04EF1000-2019-F-0121 be overpowered and swallowed. Food items include fish, frogs, toads, snakes (venomous, as well as non-venomous), lizards, turtles, turtle eggs, small alligators, birds, and small mammals (Keegan 1944; Babis 1949; Kochman 1978; Steiner et al. 1983; Stevenson et al. 2010).

4.3. Numbers, Reproduction, and Distribution

Historically, the indigo snake occurred throughout Florida and in the coastal plain of Georgia, Alabama, and Mississippi. Most, if not all, of the remaining viable populations of the indigo snake occur in Georgia and Florida (Service 2019).

Due to their use of subterranean refugia and frequent long-distance dispersal, detectability indigo snakes is low and estimates of mortality difficult (Hyslop et al. 2012). Consequently, the size and viability of populations range-wide is difficult to determine. The SSA defines the extent of the eastern indigo snake populations across the entire range by buffering all records by the approximate maximum annual linear movement distance for eastern indigo snakes in Georgia, where the species is believed to move the longest distances. Overlapping buffer areas were merged and assumed to represent the potential maximum extent of populations. The average extent of the current population distribution is 237,836 ac (92,248 ha). Across the range, the Service estimates that there are 53 current and the 30 extirpated populations represent the total number of populations (83). These population numbers were used to evaluate and analyze population resiliency. For a detailed discussion on the representation, redundancy and population resilience, refer to SSA (Service 2019).

4.4. Conservation Needs of and Threats to Eastern Indigo Snake

Throughout the indigo snake’s range, expanding urban areas are creating barriers to the dispersal of individuals and gene flow between populations, and habitat loss and degradation are a threat to the species (Lawler 1977, Moler 1985b). In central and southern Florida, the indigo snake is less dependent on any one habitat type, but does avoid developed areas (Lawler 1977, Moler 1985a, Hyslop 2007). Throughout Florida developed areas are expanding rapidly with population growth at the expense of wildlife habitat (Cerulean 2008).

At the time of listing, other threats to the indigo snake included commercial collection for the pet trade and mortality during the gassing of gopher tortoise burrows by individuals attempting to drive rattlesnakes out for collection (43 FR 4026 4029). Since their listing additional potential threats to the species have expanded to include disease, road mortality, kills of indigo snakes by landowners and pets, and ATV use in gopher tortoise habitat (Service 2008).

Major threats to the indigo snake include habitat fragmentation, destruction, and reduced gene flow. At the current time, the range wide status of the species is unknown. Range wide surveys and monitoring are required to help understand the current status of the species. The recovery strategy for the indigo snake consists of maintaining and enhancing existing populations;

monitoring the status of existing populations; identifying and securing additional indigo snake populations and habitat; establishing new populations through translocations or reintroductions;

and supporting research that guides land management and provides demographic and ecological data. Management plans should be developed and implemented for all recovery populations.

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Appropriate habitat management includes maintaining road-less corridors allowing dispersal between occupied upland and wetland habitats; minimizing soil disturbance and loss of native herbaceous groundcover vegetation; conducting prescribed burning, particularly during the growing season; maintaining appropriate wetland habitat; and restoring degraded upland habitat.

Monitoring programs to track population trends and the response of this species to habitat management activities are needed for all recovery populations. Gopher tortoise populations should be regularly monitored, and augmented if necessary, at areas where both indigo snakes and tortoises co-occur. Monitoring programs should be critically evaluated and revised as needed. Since recovery of the indigo snake will necessitate finding or creating new, currently unknown populations, assessment of potentially suitable habitat within the range of the species and additional presence/absence surveys are needed. Suitable habitat for translocations/reintroductions needs to be identified, and programs developed and implemented to establish and monitor these new populations and manage the habitat that supports them.

Tracts of habitat in private ownership that could be managed for indigo snakes, need to be identified. Site analyses and habitat management actions that improve the connectivity between upland and wetland habitats utilized by indigo snakes are needed.

Additional research is needed to gain a better understanding of the natural history of the indigo snake and its habitat for use in developing and implementing management plans. Data gathered from these studies will ensure that recovery efforts are supported by the best available scientific information.

4.5. Environmental Baseline for Eastern Indigo Snake

This section is an analysis of the effects of past and ongoing human and natural factors leading to the current status of the indigo snake, its habitat, and ecosystem within the action area. The environmental baseline is a “snapshot” of the species’ health in the action area at the time of the consultation and does not include the effects of the Action under review. See section 3.1 for details about past actions, description of habitat, and compensation.

4.5.1. Action Area Numbers, Reproduction, and Distribution

The last confirmed observation of an indigo on CCAFS was in 2004. A herpetological survey completed in 2018 did not result in any observations. Although the survey have not resulted in observations, a roadkill indigo was observed in 2018 less than 0.5 mile north of CCAFS on Kennedy Space Center. This documentation is within the expected home range of a male and we expect that the species is present within the Cape Canaveral Complex.

The action area covers 429.72 acres of habitat that shall be converted (78 acres are intact with native habitat) and cumulatively 969.48 acres of habitat restoration and invasive species treatment. Studies of density are not available to determine the number of indigos within the action area. To estimate the number of individuals within the action area, the Service will use acres of habitat affected by the action and compare it to the average indigo home range size. The average male

CCAFS–Skid Strip Airfield FWS Log No. 04EF1000-2019-F-0121 home range is 369 acres in Peninsular Florida and 121 acres for females, as reported in Bauder et al 2016, and cited in Service 2019. Females typically overlap males, but males do not overlap other males. Based on the home range sizes and the type of habitat at the Skid Strip/LMU, the Service anticipates the action area habitat supports several breeding pairs of indigo snakes.

4.5.2. Action Area Conservation Needs

Habitat should be managed for the species to ensure long term viability for indigo snakes.

Management with either prescribed fire or mechanical means should ensure that suitable refugia sites are left undisturbed. Refugia sites may include stump holes, root masses, gopher tortoise burrows, rock outcrops, and debris piles.

4.6. Effects of the Action on Eastern Indigo Snake

In a BO for a listed species, the effects of the proposed action are all reasonably certain consequences to the species caused by the action, including the consequences of other activities caused by the action. Activities caused by the action would not occur but for the action.

Consequences to species may occur later in time and may occur outside the action area.

The Service identified and described the activities included in the proposed Action in sections 2.1–2.3.

4.6.1. Land Clearing/Grubbing/Grading

Land clearing shall result in a permanent change of approximately 429.72 acres, of which 78 acres has not been cleared. The remaining land clearing will occur with large machinery to remove vegetation and debris. This area will later be mass graded and prepared for Phase V clearing and the construction of the Rapid Capabilities/ICO Office Beddown facility.

During clearing, indigo snakes, if present, could be harmed due to strikes from heavy machinery, entombment in underground refugia, burned or crushed in debris piles when incinerating debris, and/or crushed under vehicles during ingress/egress from the Skid Strip airfield.

The Standard Protection Measures (SPM) are a tool to minimize potential for injuries and deaths of indigo snakes due to land clearing and site preparation activities. CCAF staff have implemented these measures as a part of the reasonable and prudent measures and terms and conditions in the previous BO issued for clearing and construction activities at the Skid Strip airfield. During previous land clearing and site prep at the airstrip, indigo snakes have not been reported alive or dead to the Service. However, due to the species cryptic nature, undetected mortality may have occurred during the clearing phase. The remaining habitat at Phase V could support part of a female’s home range and the removal of habitat could modify feeding, breeding, or nesting activity. Males home ranges typically overlap females and the loss of territory will require the both sexes to shift territories into unoccupied or possibly occupied areas. Territory shifts may cause intraspecific competition or harm.

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All of the available habitat shall be cleared during the land clearing, grubbing, and grading but harm could occur if snakes move into the construction area and are exposed to stressors, such as heavy machinery associated with the construction phase. The SPM if implemented during construction are designed to minimize or preclude disturbance and mortality of indigo snake.

Thus far, snakes have not been reported or noted as harmed during construction activities for Phase I-IV. However, the Service does not know if undetected mortality has occurred during the construction phase. Based on the size of the construction and clearing acres, the Service anticipates that no more than one pair of indigos and possibly a nest would be exposed to the consequence of habitat clearing and subsequent construction activities.

To set a standard for determining when the level of anticipated take has been exceeded, the Service can establish a causal link to clearing and construction activities within the coastal scrub, and disturbed coastal oak/scrub habitat, to the harm or “taking” of the species. The linking habitat within the action area will allow the Service to have a clear standard for determining when the level of anticipated take has been exceeded.

4.6.2. Compensation

Compensation includes prescribed fire, roller chopping, and treatment of invasive species. As noted in section 4.5.1, indigo snakes have been documented within .5 mile of the CCAFS and the Service expects that snakes will be in present within the restoration areas. Although compensation is beneficial for the species, there may be effects to the species during land management activities. Indigos could be harmed during roller chopping, prescribed fire and treatment of invasive species.

CCAFS implementation of the habitat management on an annual basis includes fire management at the facilities within smaller units that make it reasonably likely that snakes can successfully flee fires or escape into underground refugia. Smaller units minimize the likelihood of species exposures to roller chopping and also allow the species to flee. Prescribed fires and habitat management are expected to improve prey species abundance in the regrowing vegetation. The indigo snake inhabits fire-adapted vegetation, so CCAFS proposed activities are expected to be a net benefit to the indigo snake. Restoration efforts have been underway at CCAFS under the previous BOs, and the Service has not received notification that a snake has been observed with the action area or reports of harm to the species.

4.7. Conclusion for Eastern Indigo Snake

“Jeopardize the continued existence” means to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species (50 CFR §402.02). After reviewing the current status of the species, the environmental baseline for the action area, the effects of the Action and the cumulative effects, it is the Service’s biological opinion that the Action is not likely to jeopardize the continued existence of the indigo snake. We based this decision on the following:

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The remaining 78 acres to be cleared may harm one pair of indigos and possibly destroy any nests within the footprint.

The SPM will ensure that is a snake is observed during site prep or construction that the activities will cease, allowing a snake if present to move out of harm’s way.

The SPM will ensure the CCAFS will contact the Service if a snake is observed dead or alive and then follow the reinitation procedures.

Indigo snake inhabits fire-adapted vegetation; the annual 300 acres per year over a rolling 10-year time frame and proposed 153 acres of invasive treatment are expected to be a net benefit to the indigo snake.

5. STATUS OF FLORIDA SCRUB JAY

This section summarizes best available data about the biology and current condition of the Florida Scrub-Jay (Aphelocoma coerulescens) throughout its range that are relevant to formulating an opinion about the Action. The Service published its decision to list Florida Scrub-Jay as threatened on June 3, 1987 (52 FR 20719). The following status section is a summary of the status and a comprehensive review can be found in the Florida Scrub-Jay (Aphelocoma coerulescens) Species Status Assessment (SSA) Report (Service 2019).

5.1. Species Description

Florida Scrub-Jays are about 25 to 30 cm (10 to 12 in) long and weigh about 77 g (3 oz). The Florida Scrub-Jay’s head, nape, wings, and tail are pale blue, and its body is pale gray on its back and belly. Its throat and upper breast are lightly striped and bordered by a pale blue-gray “bib” (Woolfenden and Fitzpatrick 1996a). Florida Scrub-Jay sexes are not distinguishable by plumage in the visible spectrum (Woolfenden and Fitzpatrick 1984); however, males and females have plumage dimorphism in the ultraviolet spectrum (Tringali and Bowman 2012). Males, on average, are only slightly larger than females (Woolfenden 1978). The sexes may be identified by the female-specific call of jays and relatives most often called the “rattle”; the phrase “hiccup” is most appropriate only for the Lake Wales Ridge populations, as elsewhere they actually do make more of a rattle (Woolfenden and Fitzpatrick 1984, 1986). Florida Scrub-Jays that are less than about five months of age are easily distinguishable from adults; their plumage is smoky grey on the head and back, and they lack the blue crown and nape of adults.

5.2. Life History

Florida Scrub-Jays forage mostly on or near the ground, often along the edges of natural or man-made openings. They visually search for food by hopping or running along the ground beneath the scrub, or by jumping from shrub to shrub. Insects, particularly orthopterans and lepidopteran larvae, comprise the majority of the animal diet throughout most of the year

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(Woolfenden and Fitzpatrick 1984). Acorns are by far the most important plant food (Fitzpatrick et al. 1991). Other small nuts, fruits, and seeds also are eaten. Vertebrate prey items comprise a minority of the diet but may include a wide array of species weighing up to 25g.

Florida Scrub-Jays have a social structure that involves cooperative breeding, a trait that the western North American populations of other Scrub-Jays species do not exhibit (Woolfenden and Fitzpatrick 1984). Florida Scrub-Jays live in groups ranging from two (a single mated pair) to large, extended families. Surviving offspring typically delay breeding and remain with the breeding pair in their natal territory as “helpers” for at least one year after fledging, with some – especially males – remaining for as long as three years or more before becoming breeders. Pre-breeding numbers are generally reduced to a pair either with no helpers or with families of three or four individuals (a breeding pair plus one or two helpers).

Florida Scrub-Jay pairs occupy year-round, multi-purpose territories (Woolfenden and Fitzpatrick 1984; Fitzpatrick et al. 1991, 1994). Territory size averages 9 to 10 ha (22 to 25 ac), with a minimum size of about 5 ha (12 ac). The availability of territories is a limiting factor for Florida Scrub-Jay populations.

Florida Scrub-Jay nests are typically placed in shrubby oaks. Nests are an open cup with the outer basket bulky and constructed of coarse twigs from oaks and other vegetation, and the inside is lined with tightly wound palmetto or cabbage palm fibers.

Nesting is synchronous, normally occurring from 1 March through 30 June (Woolfenden and Fitzpatrick 1990; Fitzpatrick et al. 1994). On the Atlantic Coastal Ridge and southern Gulf Coast, nesting may be protracted through the end of July. In suburban habitats, nesting is consistently initiated earlier than in natural scrub habitat (Fleischer 1996). Nesting failures are almost always caused by predation, most frequently by ground-based predators.

Clutch size ranges from one to five eggs, but is typically three or four eggs. Clutch size is generally larger (up to six eggs) in suburban habitats, and the birds attempt to rear more broods (Fleischer 1996). Eggs are incubated for 17 to 18 days, and fledging occurs 16 to 21 days after hatching (Woolfenden 1974, 1978; Fitzpatrick et al. 1998). Only the breeding female incubates and broods eggs and nestlings (Woolfenden and Fitzpatrick 1984). Average production of young is two fledglings per pair (Woolfenden and Fitzpatrick 1990), and the presence of helpers improves fledging success (Mumme 1992). Offspring production is significantly higher for groups with helpers than without, but the increase clearly drops with greater than four helpers (Fitzpatrick and Bowman 2016).

Fledglings depend on adults for food for about 10 weeks, during which time they are fed by both breeders and helpers (Woolfenden 1975; McGowan and Woolfenden 1990). In optimal scrub, survival of Florida Scrub-Jay fledglings to yearling age class averages about 33%. Survival of nonbreeders between ages 1 and 2 years is about 81% for males, which tend to remain in their natal territory, but only 65% for females, which engage in frequent dispersal forays (Woolfenden and Fitzpatrick 1996b). Annual survival of breeding adult males and females is equal and averages around 78% (Woolfenden and Fitzpatrick 1996b).

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Based on data from Archbold Biological Station (ABS), the modal age of breeders is 3 years, median age is roughly 5.5 years, and 20% of breeders are older than 10 years (Woolfenden and Fitzpatrick 1984). The maximum observed lifespan of a Florida Scrub-Jay at ABS is 15.5 years (Woolfenden and Fitzpatrick 1996b). Additional lifespan longevity examples surpassing 15 years include a Florida Scrub-Jay banded at Avon Park Air Force Bombing Range in April of 1993 that was last observed in April of 2009 (M. Dent pers. comm.). Another documented Florida Scrub-Jay from Cape Canaveral Air Force Station was banded as a juvenile in June of 2001 (mostly likely hatched in April) that was recaptured in April of 2017 (A. Chambers, R. Brust pers. comm.).

5.3. Numbers, Reproduction, and Distribution

Florida Scrub-Jays once occupied 39 of the 40 counties south of, and including Levy, Gilchrist, Alachua, Clay, and Duval counties. Historically, many of these counties would have contained hundreds or even thousands of breeding pairs (Fitzpatrick et al. 1994). Only the southernmost county, Monroe, lacked Florida Scrub-Jays (Woolfenden and Fitzpatrick 1996a).

Considerable evidence exists that the extant populations of Florida Scrub-Jays have declined to less than 10% of their historic, pre-European settlement numbers (Boughton and Bowman 2011).

Byrd (1927) first noted the decline in Florida Scrub-Jay population numbers in the literature, though Cox (1987) posited that Florida Scrub-Jay numbers probably had been declining since well before that time.

By 1983, Florida Scrub-Jays had become extirpated from 7 of the original 39 counties: Broward (mid-1970s), Dade (1960), Duval (1940-50), Gilchrest (1900), Hendry (1970) Pinellas (1960), and St. Johns (1970) (Woolfenden and Fitzpatrick 1996b).