Attach__No__1B_-_H_Blue_Origin_LC_11_and_36.pdf

Biological Opinion Dept. of the Air Force 45 th

Space Wing FWS Log No. 04EF1000-2016-F-0164 2 candidate for federal listing. Due to its status as a state-listed threatened species, however, the 45 SW will undertake special conservation actions consistent with state guidelines and requirements. These are included in the “Description of the Proposed Action” section.

This BO is based on information provided in the final BA for the proposed LC-11 & LC-36 actions received on January 22, 2016. A complete administrative record is on file at the Ecological Service

Office in Jacksonville, Florida.

CONSULTATION HISTORY

On December 1, 2015, the Service received a phone call from the 45 SW informing them of the proposed action and discussed potential impacts on federally listed species. At that time, the 45

SW indicated a BA would be submitted for the proposed project.

On 8-12 December, 2015, contracted staff for Blue Origin conducted beach mouse surveys in potential southeastern beach mouse habitat that would be impacted at LC-11 and 36 to determine the presence/absence of the species and potential effects of the proposed action. Two southeastern beach mice were captured.

On December 23, 2015, the Service received a copy of the BA for the proposed project.

On January 11, 2016, the Service requested additional information to clarify information contained within the BA.

On January 22, 2016, the Service had all necessary information to complete a BO.

On January 29, 2016, the Service received a draft BO from the 45 SW to assist the Service in completion of the BO.

BIOLOGICAL OPINION

DESCRIPTION OF THE PROPOSED ACTION

The Proposed Action would be to construct and operate a commercial Orbital Launch Site (OLS) at the combined areas of LC-36 and LC-11 at CCAFS, Florida. The facility would contain infrastructure to test rocket engines, integrate launch vehicles, and conduct launches of liquid fueled, medium and heavy-lift class orbital launch vehicles (OLV). The action includes construction of a launch pad, engine test stand, integration facility, launch vehicle wash building, fuel storage tanks, as well as roads, lighting, a parking lot and multiple stormwater retention ponds throughout the complex.

Operationally, the proposed action includes the potential for up to 12 launches per year of the OLV.

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The action area consists of land in and around the historic launch complexes LC-11 and LC-36 and the scrub-jay habitat compensation area within Land Management Unit 33. The two complexes are located centrally within the Air Force Station and exist east of the intersection of ICBM Road and

Central Control Road, south of Launch Complex 12 and west of the Atlantic Ocean within Sections

20 & 21, Township 23 South, Range 38 East, Brevard County, Florida. A broader area of potential impacts includes turtle nesting beach on CCAFS directly east and north and south of LC-11 and LC-

36, and the immediate offshore waters of the Atlantic Ocean.

The area within the fence line at LC-11 and LC-36 constitute the majority of land that is previously disturbed. The area within this section of the proposed action has been loosely maintained, comprised of a few scattered trees and herbaceous groundcover along with remnants of the launch pads ancillary support structures, and roads, all of which represents approximately 100 acres of

“previously disturbed” areas.

Beyond the fence line, within the limits of the proposed action, the Site contains several distinct habitat types. Coastal scrub community and wetlands dominates the majority of the area outside the fence (approximately 206 acres). This community type is comprised by a mix of coastal and oak scrub; scrub oaks are the dominant canopy species, but the area is overgrown and contains stands of

Brazilian pepper (Schinus terebinthifolia). Patches within this area appears to have undergone recent land management activities focused on Brazilian pepper. Species observed within this community type include sand live oak (Quercus geminata), live oak (Quercus virginiana), myrtle oak (Quercus myrtifolia), Brazilian pepper, tough buckthorn (Bumelia tenax), cabbage palm (Sabal palmetto), and

Spanish bayonet (Yucca aloifolia). This habitat type has a closed canopy along with a dense understory comprised of saw palmetto (Serenoa repens), greenbrier (Smilax spp.), beautyberry

(Callicarpa americana), wax myrtle (Myrica cerifera), rusty lyonia (Lyonia ferrunginea), partridge pea (Galactia elliottii), bracken fern (Pteridium aquilinum), and morning glory (Ipomoea indica).

It is anticipated that of the 306 acre site, the Proposed Action area would require about 120 acres of clearing and construction. A large portion of the action, approximately 100 acres, has previously been disturbed or constructed upon and is within the existing fence line of the LC-11 and LC-36 complexes. The remaining actions that will occur outside the fence line and result in impacts to natural, undisturbed lands are approximately 20 acres. Of this area, approximately 7 acres may be

Space Wing FWS Log No. 04EF1000-2016-F-0164 4 primary wetland impacts, and approximately 14-15 acres may be characterized as potential scrub jay habitat. All areas would be cleared using heavy machinery. Cleared material would be placed in wheeled dump trucks for removal from that area. Once vegetation is removed from this area using heavy machinery, much of it would be graded using large, heavy, tracked bull dozers. Material would either be removed to a suitable off-site area, or burned on location in accordance with USAF regulations as schedule and burn conditions permit. Any new roadways would be constructed of compacted soil and appropriate impervious pavement material to support large equipment. Each paved road would be approximately 25 feet wide and would include swales on either side of the roads. Long-term maintenance for the swale areas is expected to be mowed grass. Standard large-scale grass mowing equipment would be used on a periodic basis to maintain vegetation to about three inches in height in this area.

The USAF is proposing to restore habitat at Land Management Unit (LMU) 33 in order to compensate for impacts to unoccupied potential scrub-jay habitat. A combination of mechanical treatment, prescribed burning, and herbicide application for invasives would be used to restore habitat. Any vegetation that is optimal height for scrub-jays will be avoided and left untreated. This

LMU is located adjacent to occupied habitat and therefore will provide acreage for scrub-jays to expand. Additionally, the northern portion of the LMU is currently undergoing restoration under another BO. Although the area in which the proposed action will occur is not currently occupied, to reduce the potential to impact nesting scrub-jays, a survey will be conducted prior to clearing to ensure no scrub-jays are nesting within 300’ of clearing activities.

The restoration of LMU 33 is expected to begin within three months of ground breaking at LC-11 and

LC-36 and it is expected that all restoration would be completed within 12 months. Controlled burning of the unit, if required, would be conducted as soon as range scheduling allows. Due to the height of the vegetation in the unit, it is expected that much of the vegetation debris would be hauled off and/or disposed on-site using an air-curtain incinerator. All other vegetation that is of suitable height would be left and burned as scheduling permits. Yearly maintenance would include monitoring and control of invasive species, as well as maintenance of any artificial openings created during restoration activities. LMU33 would be placed on a 5-7 year burn rotation schedule and roller chopping and/or burning would occur as the unit exceeds optimal scrub-jay height. Blue Origin will provide funding for the restoration and maintenance of this site.

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Regarding gopher tortoises, the 45 th

SW natural resource personnel would be notified if any burrows were found to encroach upon the OLS and/or roadways for removal. Tortoises would be excavated by Florida Fish and Wildlife Conservation Commission (FFWCC) authorized agents using a track hoe or via bucket trapping. Tortoises would be relocated onsite to a USAF approved recipient site.

A survey would be done at the recipient site to ensure the unit is not already occupied and/or would not result in overpopulation with the additional tortoises. Targeted occupancy is 1.5 acres per tortoise on highly suitable soils and 2.5 acres per tortoise on moderate or less suitable soils.

STATUS OF THE SPECIES/CRITICAL HABITAT

This section provides pertinent biological and ecological information for the Florida scrub-jay, southeastern beach mouse, eastern indigo snake, loggerhead sea turtle, green sea turtle, leatherback sea turtle, hawksbill sea turtle, and Kemp’s ridley sea turtle, as well as information about their status and trends throughout their entire range. We use this information to assess whether a federal action is likely to jeopardize the continued existence of the above-mentioned species. The "Environmental

Baseline" section summarizes information on status and trends of the Florida scrub-jay, southeastern beach mouse, eastern indigo snake, loggerhead sea turtle, green sea turtle, leatherback sea turtle, hawksbill sea turtle, and Kemp’s ridley sea turtle specifically within the action area. These summaries provide the foundation for our assessment of the effects of the proposed action, as presented in the "Effects of the Action" section

FLORIDA SCRUB-JAY (Aphelocoma coerulescens)

Species/Critical Habitat Description

Florida scrub-jays are about 10 to 12 inches long and weigh about 3 ounces. They are similar in size and shape to the blue jay (Cyanocitta cristata), but differ significantly in coloration

(Woolfenden and Fitzpatrick 1996a). Unlike the blue jay, the scrub-jay lacks a crest. It also lacks the conspicuous white-tipped wing and tail feathers, black barring, and bridle of the blue jay. The

Florida scrub-jay's head, nape, wings, and tail are pale blue, and its body is pale grey on its back

Space Wing FWS Log No. 04EF1000-2016-F-0164 6 and belly. Its throat and upper breast are lightly striped and bordered by a pale blue grey "bib."

Scrub-jay sexes are not distinguishable by plumage, and males, on the average, are only slightly larger than females (Woolfenden 1978). The sexes may be differentiated by a distinct "hiccup" call vocalized only by females (Woolfenden and Fitzpatrick 1986). Scrub-jays that are less than about five months of age are easily distinguishable from adults; their plumage is smokey grey on the head and back, and they lack the blue crown and nape of adults. Molting occurs between early June and late November and peaks between mid-July and late September (Bancroft and

Woolfenden 1982). During late summer and early fall, when the first basic molt is nearly done, fledgling scrub-jays may be indistinguishable from adults in the field (Woolfenden and

Fitzpatrick 1984). The wide variety of vocalizations of the scrub-jay is described in detail in

Woolfenden and Fitzpatrick (1996b). No critical habitat has been designated for this species;

therefore none will be affected by the proposed project.

Life History/Population Dynamics

Scrub-jays are non-migratory, extremely sedentary, and have very specific habitat requirements

(Woolfenden 1978). They usually reside in oak scrub vegetated with sand oak, myrtle oak, inopine oak, and Chapman oak, along with saw palmetto, scrub palmetto, scattered sand pipe, and rosemary. Such habitat occurs only on fine, white, drained sand, along, along the coastlines in

Florida, and in dunes deposited during the Pleistocene, when sea levels were much higher than at present (Laessle 1958, 1968). Scrub-jays are rarely found in habitats with more than 50 percent canopy cover over three meters in height (U.S. Fish and Wildlife Service 1990). The habitat required for the scrub-jay greatly restricts the bird's distribution. Active management either through burning or mechanical clearing is necessary to maintain optimum conditions. In general, scrubjay habitat consists of dense thickets of scrub oaks less than nine feet tall, interspersed with bare sand used for foraging and storing of acorns (U.S. Fish and Wildlife Service 1990).

Florida scrub-jays are monogamous and remain mated throughout the year (Sprunt 1946

Woolfenden 1978). Scrub-jays have a social structure that involves cooperative breeding, a trait that the other North American species of scrub-jays do not show (Woolfenden and Fitzpatrick

1984). Scrub-jays live in families ranging from two birds (a single mated pair) to extended families of eight adults and one to four juveniles. Fledgling scrub-jays stay with the breeding

Space Wing FWS Log No. 04EF1000-2016-F-0164 7 pair in their natal territory as “helpers,” forming a closely-knit cooperative family group. Pre-breeding numbers are generally reduced to either a pair with no helpers or families of three to four individuals (a pair plus one or two helpers). The presence of helpers generally increases reproductive success and survival within the group, which naturally causes family size to increase (Woolfenden and Fitzpatrick 1978).

Scrub-jays have a well-developed intrafamilial dominance hierarchy with breeder males most dominant, followed by helper males, breeder females, and finally, female helpers (Woolfenden and

Fitzpatrick 1977). Helpers take part in sentinel duties (McGowan and Woolfenden 1989), territorial defense, predator mobbing, and the feeding of both nestlings (Stallcup and Woolfenden

1978) and fledglings (McGowan and Woolfenden 1990). The well-developed sentinel system involves having one individual occupying an exposed perch watching for predators or territory intruders. When a predator is seen, the sentinel scrub-jay gives a distinctive warning call, and all family members seek cover in dense shrub vegetation (Fitzpatrick et al.1991).

Florida scrub-jay pairs occupy year-round, multi-purpose territories (Woolfenden and Fitzpatrick

1984; Fitzpatrick et al. 1991). Territory size averages 22 to 25 acres, with a minimum size of about 12 acres. The availability of territories is a limiting factor for scrub-jay populations.

Because of this limitation, nonbreeding adult males may stay at the natal territory as helpers for up to five years, waiting for either a mate or territory to become available (Fitzpatrick et al. 1991).

Birds may become breeders in several ways: (1) by replacing a lost breeder on a non-natal territory

(Woolfenden and Fitzpatrick 1984); (2) through "territorial budding," where a helper male becomes a breeder in a segment of its natal territory (Woolfenden and Fitzpatrick 1978); (3) by inheriting a natal territory following the death of a breeder; (4) by establishing a new territory between existing territories (Woolfenden and Fitzpatrick 1984); or (5) through "adoption" of an unrelated helper by a neighboring family followed by resident mate replacement (B. Toland, USFWS, pers. comm.1996).

Territories can also be created by restoring habitat through effective habitat management efforts in areas that are overgrown (Thaxton and Hingtgen 1994).

To become a breeder, a scrub-jay must find a territory and a mate. Evidence presented by

Woolfenden and Fitzpatrick (1984) suggests that scrub-jays are monogamous. The pair retains ownership and sole breeding privileges in its particular territory year after year. Courtship to

Space Wing FWS Log No. 04EF1000-2016-F-0164 8 form the pair is lengthy and ritualized, and involves posturing and vocalizations made by the male to the female (Woolfenden and Fitzpatrick 1996b). Copulation between the pair is generally out of sight of other scrub-jays (Woolfenden and Fitzpatrick 1984). These authors also reported never observing copulation between unpaired scrub-jays or courtship behavior between a female and a scrub-jay other than her mate. Age at first breeding in the scrub-jay varies from one to seven years, although most individuals become breeders between two and four years of age (Fitzpatrick and Woolfenden 1988). Persistent breeding populations of scrub-jays exist only where there are scrub oaks in sufficient quantities to provide an ample winter acorn supply, cover from predators, and nest sites during spring (Woolfenden and Fitzpatrick

1996a).

Nesting is synchronous, normally occurring from 1 March through 30 June (Woolfenden and

Fitzpatrick 1990; Fitzpatrick et al. 1991). On the Atlantic Coastal Ridge and southern Gulf coast, nesting may be protracted through the end of July (B. Toland, USFWS, pers. comm. 1996; J.

Thaxton Uplands, Inc., pers. comm. 1998). In suburban habitats, nesting is consistently initiated earlier (March) than in natural scrub habitat (Fleischer 1996), although the reason for this difference is unknown.

Clutch size ranges from 1 to 5 eggs, but is typically 3 or 4 eggs. Clutch size is generally larger

(up to 6 eggs) in suburban habitats, and the birds try to rear more broods per year (Fleischer

1996). Eggs are incubated for 17 to 18 days, and fledging occurs 16 to 21days after hatching

(Woolfenden 1974, 1978; Fitzpatrick et al. 1991). Only the breeding female incubates and broods eggs and nestlings (Woolfenden and Fitzpatrick 1984). Annual productivity must average at least two fledged per pair for a population of scrub-jays to support long term stability (Woolfenden and Fitzpatrick 1990; Fitzpatrick et al. 1991).

Fledglings depend upon adults for food for about 10 weeks, during which time they are fed by both breeders and helpers (Woolfenden 1975; McGowan and Woolfenden 1990). Survival of scrub-jay fledglings to yearling age class averages about 35 percent in optimal scrub, while annual survival of both adult males and females averages about 80 percent (Fitzpatrick et al.

unpubl. data). Data from Archbold Biological Station, however, suggest that survival and reproductive success of scrub-jays in sub-optimal habitat is substantially lower (Woolfenden

Space Wing FWS Log No. 04EF1000-2016-F-0164 9 and Fitzpatrick 1991). These data help explain why local populations inhabiting unburned, late successional habitats become extirpated. The longest observed lifespan of a Florida scrub-jay is 15.5years at Archbold Biological Station in Highlands County (Woolfenden and Fitzpatrick

1996b).

Scrub-jays are nonmigratory and permanently territorial. Juveniles stay in their natal (Woolfenden and Fitzpatrick 1984). Once scrub-jays pair and become breeders, they stay on their breeding territory until death. In suitable habitat, fewer than five percent of scrub-jays disperse more than five miles (Fitzpatrick et al. 1991). All documented long distance dispersals have been in unsuitable habitat such as woodland, pasture, or suburban plantations. Scrub-jay dispersal behavior is affected by intervening land uses. Protected scrub habitats will most effectively sustain scrub-jay populations if they are located within surrounding habitat types that can be used and traversed by scrub-jays.

Brushy pastures, scrubby corridors along railways and road rights-of-way, and open burned flatwoods offer links for colonization among scrub-jay subpopulations. Stith et al. (1996) believed that a dispersal distance of five miles is close to the biological maximum for scrub-jays.

Scrub-jays forage mostly on or near the ground, often along the edge 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 (e.g., locusts, crickets, grasshoppers, beetles) and lepidopterau (e.g., butterfly and moth) larvae, form most of the animal diet throughout most of the year (Woolfenden and Fitzpatrick 1984). Acorns are the most important plant food (Fitzpatrick et al. 1991). From August to November each year, scrub-jays may harvest and cache 6,000 to 8,000 oak acorns throughout their territory. It is estimated that 1/3 of these acorns are later recovered and eaten. Caching allows scrub-jays to eat acorns every month of the year. This reliance on acorns and caching may constitute a major reason for the scrub jay's restriction to the oak scrub and sandy ridges within Florida (Fitzpatrick et al. 1991).

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Status and Distribution

The Florida scrub-jay is found exclusively in peninsular Florida, and is restricted to scrub habitat

(U.S. Fish and Wildlife Service 1990). The Florida scrub-jay was listed as a threatened species on

June 3, 1987 (52 FR 2d l 15-20719). The main causes responsible for the decline were as follows:

The Present or Threatened Destruction. Modification, or Curtailment of its Habitat or Range:

The existence of scrub-jays throughout their range depends on the existence of a particular serial stage of oak scrub habitat with unvegetated openings in sandy soils. This habitat occurs naturally only in localized patches associated with recent or ancient shoreline deposits. By the time of listing, large proportions of these habitat patches had been converted for human use, or were slated for imminent conversion. Most of the coastal scrub habitat had already been cleared for beachfront hotels, houses, and condominiums, and much of the central Florida scrub had been converted to citrus groves, housing developments, and commercial real estate. It was estimated that 40 percent of occupied scrub habitat had already been converted to other uses, and total population of the species had declined by at least halt: As a result of rapid increase in human population numbers throughout central Florida, the pace of housing and agricultural development had accelerated since the 1960s, and it showed no signs of slowing.

Overutilization for Commercial, Recreational, Scientific, or Educational Purposes:

Reported shooting of scrub-jays and collection of the species as pets were considered threats.

Disease or Predation:

Disease and predation were not believed to be major threats at the time of listing.

The Inadequacy of Existing Regulatory Mechanisms:

The only laws protecting the Florida scrub-jay prior to the time of listing were the Migratory Bird

Treaty Act of 1918 (MBTA) (16 U.S.C. 703 et seq.) and Florida State Law (Chapter 68A-27.004, Florida Administrative Code). Neither of these laws protected the birds from habitat destruction, which constituted the major threat to the species.

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Other Natural or Manmade Factors Affecting its Continued Existence:

Suppression of fire by humans was identified as a factor in species' decline at the time of the listing.

Historically, lightning strikes started fires, which maintained the sparse low scrub habitat needed by

Florida scrub-jays. Human efforts to suppress these fires to protect human interests allowed the scrub to become too dense and tall to support populations of scrub-jays. Vehicular mortality of scrub jays due to accidental collisions along roadsides was recognized as a cause of the decline in some parts of the species' range.

Continued and current threats to the species include:

The Present or Threatened Destruction, Modification, or Curtailment of its Habitat or Range:

Scrub habitats continued to decline throughout peninsular Florida since listing occurred, and habitat destruction continues to be one of the main threats to the Florida scrub-jay. Cox (1987) noted local extirpations and major decreases in numbers of scrub-jays and attributed them to the clearing of scrub for housing and citrus groves. Eighty percent or more of the scrub habitats have been destroyed along the Lake Wales Ridge since pre-human settlement (Fitzpatrick et al 1991). Fernald

(1989), Fitzpatrick et al. (1991, 1994), and Woolfenden and Fitzpatrick (1996a) noted that habitat losses due to agriculture, silviculture, and commercial and residential develop merit have continued to play a role in the decline in numbers of scrub-jays throughout the state. State-wide, estimates of scrub habitat loss range from 70 to 90 percent (Bergen 1994; Woolfenden and Fitzpatrick

1996a; Fitzpatrick et al. unpubl. data).

Toland (1999) estimated that about 85 percent of pre-European settlement scrub habitats had been converted to other uses in Brevard County. This is due mainly to development activity and citrus conversion, which were the most important factors that contributed to the scrub-jay decline between 1940 and 1990. A total of only 10,656 acres of scrub and scrubby flatwoods remain in

Brevard County (excluding federal ownership), of which only 1,600 acres (15 percent) is in public ownership for the purposes of conservation. Less than 1,977 acres of an estimated pre- settlement of 14,826 acres of scrubby flatwoods habitat remain in Sarasota County, mostly occurring in patches averaging less than 2.5 acres in size (Thaxton and Hingtgen 1996). Only 10,673 acres of viable coastal scrubby flatwoods remained in the Treasure Coast region of Florida (Indian River, Space Wing FWS Log No. 04EF1000-2016-F-0164 12

Saint Lucie, Martin, and Palm Beach Counties) according to Fernald (1989). He estimated that 95 percent of scrub had already been destroyed for development purposes in Palm Beach County.

Habitat destruction not only reduces the amount of area scrub-jays can occupy, but also increases fragmentation of habitat. As more scrub habitat is altered, the habitat is cut into smaller and smaller pieces, separated from other patches by larger distances; such fragmentation increases the probability of genetic isolation, which is likely to increase extinction probability (Fitzpatrick et al.

1991; Woolfenden and Fitzpatrick 1991; Snodgrass et al. 1993; Stith et al. 1996; Thaxton and

Hingtgen 1996). Dispersal distances of scrub-jays in fragmented habitat are further than in optimal unfragmented habitats, and demographic success is poor (Thaxton and Hingtgen 1996;

Breininger 1999).

Overutilization for Commercial, Recreational, Scientific, or Educational Purposes:

The Service knows of only a few cases where scrub-jays have been shot. One was in Volusia

County which was investigated and prosecuted under the MBTA (J. Oliveros, USFWS, pers.

comm.). The Florida Fish and Wildlife Conservation Commission (FWC) investigated a case in which three scrub-jays were shot in Highlands County (N. Douglass, FWC, pers. comm.). It does not seem that the small number and infrequent occurrence of scrub-jays taken in this manner has had an impact on the species.

Disease or Predation:

Most Florida scrub-jays mortality probably is from predation (Woolfenden and Fitzpatrick 1996b).

The second most frequent cause may be disease, or predation on disease-weakened jays

(Woolfenden and Fitzpatrick l996b). Known predators of Florida scrub-jays are listed by

Woolfenden and Fitzpatrick (1990), Fitzpatrick et al. (1991), Breininger (1999), and K. Miller

(FWC, in Litt. 2004); the list includes eastern coachwhip (Masticophis flagellum), known to eat adults, nestlings, and fledglings, eastern indigo snake (Drymarchon corais couperi), known to eat adults and fledglings, rat snake (Elaphe obsolete), and corn snake (E. guttata). Mammalian predators include bobcats (Lynx rufas), raccoons (Procyon lotor), cotton rats (Sigmodon hispidus), known to eat eggs, and domestic cats (Felis cattus), known to eat adults. Franzreb and Puschock

(2004) also have documented spotted skunks (Spilogale putorius) and grey fox (Urocyon cinereoargenteusi) as mammalian predators of scrubjay nests. Fitzpatrick et al. (1991) suspected

Space Wing FWS Log No. 04EF1000-2016-F-0164 13 that populations of domestic cats are able to eliminate small populations of scrub-jays. Avian nest predators include great horned owls (Bubo virginianus), eastern screech-owl (Otus asio), red-tailed hawk (Buteo jamaicensis), northern harrier (Circus cyaneus), fish crow (Corvus ossifragus), boat-tailed grackle (Quiscalus major), common grackle (Q. quiscula), American crow (C.

brachyrhynchos), blue jay (Cyanocitta cristata), and swallow-tailed kites (Elanoides forjicatusi).

Fitzpatrick et al. (1991) reported that overgrown scrub habitats are often occupied by the blue jay, which may be one factor limiting scrub-jay populations in such areas. Raptors which seem to be important predators of adult scrub-jays are merlin (Falco columbariusi), sharp-shinned hawk

(Accipiter striatusi), and Cooper's hawk (A. cooperii), and northern harrier. During migration and winter, these four raptor species are present in areas which contain scrub habitat, and scrub jays may experience frequent confrontations (as many as one pursuit a day) with them (Woolfenden and

Fitzpatrick 1990). In coastal scrub, Woolfenden and Fitzpatrick (1996b) report that scrub-jays are vulnerable to predation by raptors in October, March, and April, when high densities of migrating accipiters and falcons are present. Woolfenden and Fitzpatrick (1996b) and Toland (1999) suggest that in overgrown scrub habitats, hunting efficiency for scrub-jay predators is increased.

Bowman and Averill (1993) noted that scrub-jays occupying fragments of scrub found in or near housing developments were more prone to predation by house cats and competition from blue jays and mockingbirds. Woolfenden and Fitzpatrick (1996a, l996b) stated that proximity to housing deve1opments (and increased exposure to domestic cats) needs to be taken into consideration when designing scrub preserves. Young scrub-jays are especially vulnerable to ground predators (e.g., snakes and mammals) before they are fully capable of sustained flight.

The Florida scrub-jay hosts two protozoan blood parasites (Plasmodium cathemerium and

Haemoproteus danilewskyi), but incidence is low (M. Garvin pers. comm., cited in Woolfenden and Fitzpatrick l996b). Several scrub-jays sick from these two agents in March 1992 survived to become breeders. The Florida scrub-jay carries at least three types of mosquito-borne encephalitis

(St. Louis, eastern equine, and "Highlands jay"; M. Garvin and J. Day pers. comm., cited in

Woolfenden and Fitzpatrick 1996b). Of particular concern is the arrival of West Nile virus (the agent of another type of encephalitis) in Florida during 2001; since corvids have been particularly susceptible to the disease in states north of Florida, it is expected that scrub jays will be affected.

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Woolfenden and Fitzpatrick (1996b) noted three episodes of elevated mortality (especially among juveniles) in 26 years at Archbold Biological Station. Each of these incidents occurred in conjunction with elevated water levels following unusually heavy rains in the fall, although high mortality does not occur in all such years. During the most severe of these presumed epidemics

(August 1979 through March 1980), all but one of the juvenile cohort and almost half of the breeding adults died (Woolfenden and Fitzpatrick 1984; Woolfenden and Fitzpatrick 1990). The

1979-1980 incidents coincided with a known outbreak of eastern equine encephalitis among domestic birds in central Florida (J. Day pers. comm., cited in Woolfenden and Fitzpatrick

1996b). From the fall of 1997 through the spring of 1998, the continuing population decline of

Florida scrub-jays along the Atlantic coast and in central Florida may have been augmented by an epidemic of unknown origin (Breininger 1999).

At CCAFS, Stevens and Hardesty (1999) noted a decline in juvenile survival from 60 to 70 percent in the preceding years to only 16 percent in 1997-98. It stayed low (only 25 percent) in 1998-1999 before again climbing into the mid-60 percent range. Also, adult survival dropped from 70 to 80 percent in the preceding years to 50 to 60 percent in 1997-98. Overall, their annual surveys documented the largest one-year drop (pairs decreased by 17 percent and birds by 20 percent) in this population at the same time as the presumed state-wide epidemic. In winter-summer of 1973, 15 species of helminth fauna (including 8 nematodes, 5 trematodes, 1 cestode, and 1 acanthocephalan) were found in 45 Florida scrub-jays collected in south-central Florida; the parasite load was attributed to a varied arthropod diet (Kinsella 1974). These naturally-occurring parasites are not believed to have a negative impact on scrub-jay population levels.

Larvae of a fly, Philornis (Neomusca) porteri, occur irregularly on scrub-jay nestlings. The species pupates in the base of the nest; larvae locate in nares, mouth flanges, bases of remiges, and toes;

apparently no serious effect on the scrub-jay host occurs (Woolfenden and Fitzpatrick l996b).

Additionally, one indescribable chewing louse (Myrsidea sp., R. Price pers, comm., cited in

Woolfenden and Fitzpatrick 1996b), one wingfeather mite (Pterodectes sp.), two chiggers

(Eutrombicula lipovskyana), and a flea (Echidnophaga gallinacean); J. Kinsella pers. comm., cited in Woolfenden and Fitzpatrick 1996b) occur on some individuals, usually at low densities.

Nymphs and larvae of four ticks (Amblyomma americanum, A. tuberculatum, Haemaphysalis leporispalustris, and Jxodes scapularis) are known to occur on scrub-jays, as well as the larvae of

Space Wing FWS Log No. 04EF1000-2016-F-0164 15 the tick Amblyomma maculatum (L. Durden and J. Keirans pers. comm., cited in Woolfenden and

Fitzpatrick 1996b). These naturally occurring parasites are not believed to have a negative impact on scrubjay population levels.

The Inadequacy of Existing Regulatory Mechanisms:

Woolfenden and Fitzpatrick (1996a) state the importance of enforcing existing federal laws regarding the management of federal lands as natural ecosystems for the long-term survival of the

Florida scrub-jay. The Service consults regularly on activities on federal lands which may affect scrub-jays and also works with private landowners through section 10 (a)(1)(B) incidental take permitting process of the Act when take is likely to occur and no federal nexus is present.

Florida's State Comprehensive Plan and Growth Management Act of 1985 is administered mostly by regional and local governments. Regional Planning Councils administer the law through

Development of Regional Impact Reviews; at the local level, although comprehensive plans contain policy statements and natural resource protection objectives, they are only effective if counties enact and enforce ordinances. As a general rule, counties have not enacted and/or enforced ordinances that are effective in protecting scrub-jays (Fernald 1989).

The Wildlife Code of the state of Florida (Chapter 68A, Florida Administrative Code) prohibits taking of individuals of threatened species, or parts thereof, or their nests or eggs, except as authorized. The statute does not prohibit clearing of habitat occupied by protected species, which limits the ability of the FWC to protect the Florida scrub-jay and its habitat.

Other Natural or Manmade Factors Affecting its Continued Existence:

Human interference with natural fire regimes has continued to play a major part in the decline of the scrub-jay and today may exceed habitat loss as the single most important factor

(Woolfenden and Fitzpatrick 1991, 1996a; Fitzpatrick et al 1994). Lightning strikes cause virtually all naturally-occurring fires in south Florida scrub habitat (Abrahamson 1984; Hofstetter

1984). Fire has been noted to be important in maintenance of scrub habitat for decades (Nash

1895; Harper 1927; Webber 1935; Davis 1943; Laessle 1968; Abrahamson et al.1984).

Human efforts to prevent and/or control natural fires have allowed the scrub to become too dense and tall to support populations of scrub-jays, resulting in the decline of local populations

Space Wing FWS Log No. 04EF1000-2016-F-0164 16 of scrub-jays throughout the state (Fernald 1989; Fitzpatrick et al. 1994; Percival et al.1995;

Stith et al. 1996; Thaxton and Hingtgen 1996; Woolfenden and Fitzpatrick 1990, 1996a; Toland

1999). Woolfenden and Fitzpatrick 1990, 1996a; Toland 1999; Woolfenden and Fitzpatrick

(1996a) cautioned, however, that fire applied too often to scrub habitat also can result in local extirpations. Experimental data at Archbold Biological Station (Fitzpatrick and Woolfenden, unpubl. data) show that fire-return intervals varying between 5 and 15 years are optimal for long term maintenance of productive Florida scrub-jay populations in central Florida. These intervals also correspond with those yielding healthy populations of listed scrub plants (Menges and Kohfeldt 1995; Menges and Hawkes 1998). Optimal fire-return intervals may, however, be shorter in coastal habitats (Breininger and Schmalzer 1990; Schmalzer and Hinkle 1992a, b;

Breininger et al. 1995, 1998).

Stith et al. (1996) estimated that at least 2,100 breeding pairs were living in overgrown habitat.

Toland (1999) reported that most of Brevard County's remaining scrub (estimated to be only 15 percent of the original acreage) is extremely overgrown due to fire suppression. He further suggests that the overgrowth of scrub habitats reduces the number and size of sand openings which are crucial to not only scrub-jays, but also many other scrub plants and animals.

Reduction in the number of potential scrub-jay nesting sites, acorn cache sites, and foraging sites presents a problem for scrub-jays. Fernald (1989) reported that overgrowth of scrub results not only in the decline of species diversity and abundance but also a reduction in the percentage of open sandy patches (Fernald 1989; Woolfenden and Fitzpatrick 1996b).

Fitzpatrick et al. (1994) believed that fire suppression was just as responsible as habitat loss in the decline of the scrub-jay, especially in the northern third of its range. Likewise, the continued population decline of scrub-jays within Brevard County between 1991 and 1999 has been attributed mainly to the overgrowth of remaining habitat patches (Breininger et al. 2001).

Breininger et al. (1999a) concluded that optimal habitat management is essential in fragmented ecosystems maintained by periodic fire, especially to lessen risks of decline and extinction resulting from epidemics and hurricanes.

Fitzpatrick et al. (1991, 1994) and Woolfenden and Fitzpatrick (1996a) expressed concern for the management practices taking place on federal lands at Ocala National Forest, MINWR/KSC, and

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CCAFS, all supporting large contiguous populations of Florida scrub-jays. They predicted that fire suppression and/or too frequent fires (on the latter two) and silvicultural activities involving the cultivation of sand pine on Ocala National Forest would be responsible for continuing decline of scrub-jays in these large contiguous areas of scrub. These areas should be those where populations are most secure because of federal agencies' responsibilities under section 7(a)(I) of the

Act. Monitoring of scrub-jay populations, demography, and nesting success is ongoing on all of these properties to assess the effectiveness of management practices in meeting scrub-jay recovery objectives.

Housing and commercial developments within scrub habitats are accompanied by the development of roads. Since scrub-jays often forage along roadsides and other openings in the scrub, they are often killed by passing cars. Research by Mumme et al. (2000) along a two-lane paved road indicated that clusters of Florida scrub jay territories found next to the roadside represented population sinks (breeder mortality exceeds production of breeding-aged recruits), which could be supported only by immigration. Since this species may be attracted to roadsides because of the open habitat characteristics, road mortality presents a significant and growing management problem throughout the remaining range of the Florida scrub-jay (Dreschel et al.1990; Mumme et al. 2000), and proximity to high-speed paved roads needs to be considered when designing scrub preserves (Woolfenden and Fitzpatrick 1996a).

Another potential problem in suburban areas supporting Florida scrub-jays is supplemental feeding by humans (Bowman and Averill 1993; R. Bowman unpubl. data, cited in Woolfenden and

Fitzpatrick 1996a; Bowman 1998). The presence of additional food may allow scrub-jays to persist in fragmented habitats, but recruitment in these populations is lower than in native habitats.

However, even though human-feeding may postpone local extirpations, long-term survival cannot be ensured in the absence of protecting native oak scrub habitat, necessary for nesting.

Scrub-jays in suburban settings often nest high in tall shrubbery. During March winds, these nests tend to be susceptible to destruction (R Bowman and G.E. Woolfenden unpubl. data, cited in

Woolfenden and Fitzpatrick 1996b; Bowman 1998).

Hurricanes pose a potential risk for Florida scrub-jays, although the exact impact of such catastrophic events remains unknown. Breininger et al. (1999b) modeled the effects of epidemics

Space Wing FWS Log No. 04EF1000-2016-F-0164 18 and hurricanes on scrub-jay populations in varying levels of habitat quality. Small populations of scrub-jays are more vulnerable to extirpation where epidemics and hurricanes are common. Storm surge from a category 3 to 5 hurricane could inundate entire small populations of scrub-jays, and existing habitat fragmentation could prevent repopulation of affected areas. However, this model also predicted that long-term habitat degradation had greater influence on extinction risk than hurricanes or epidemics.

Fernald (1989) reported that many of the relatively few remaining patches of scrub within the

Treasure Coast region of Florida had been degraded by trails created by off-road vehicles, illegal dumping of construction debris, abandoned cars and appliances, or household waste. The invasion of these areas by exotic species, including Brazilian pepper (Schinus terebinthifolius), cypress pine (Callttris sp.), and Australian pine (Casuarina equisetifoliai) also was a problem. Other human-induced impacts identified by Fernald include the introduction of domestic dogs (Canis familiarisv) and cats, black rats (Rattus rauusi), greenhouse frogs (Eleutherodactylus planlrostrisi), giant toads (Bufo marinusi), Cuban tree frogs (Osteopilus septentrionaiisi), brown anoles (Anolis sagrei), and other exotic animal species. These exotic species may compete with scrubjays for both space and food, although scrub-jays sometimes feed on them.

A statewide scrub-jay census was last conducted in 1992-1993, at which time there were an estimated 4,000 pairs of scrub-jays left in Florida (Fitzpatrick et al. 1994). The scrub-jay was considered extirpated in 10 counties (Alachua, Broward, Clay, Dade, Duval, Gilchrist, Hernando, Hendry, Pinellas, and St. Johns), and were considered functionally extinct in an additional five counties (Flagler, Hardee, Levy, Orange, and Putnam), where ten or fewer pairs remained. Recent information indicates that there are at least 12 to 14 breeding pairs of scrub-jays located within Levy County, higher than previously though (K. Miller, FWC, pers. comm.

2004), and there is at least one breeding pair of scrub-jays remaining in Clay County (K. Miller, FWC, pers. comm. 2004). A scrub-jay has been documented in St. Johns County as recently as 2003

(J.B. Miller, FDEP, in litt. 5/13/03). Populations are close to becoming extirpated in Gulf coast counties (from Levy south to Collier) (Fitzpatrick et al. 1994; Woolfenden and Fitzpatrick 1996a). In

1992-1993, population numbers in 19 of the counties were below 30 or fewer breeding pairs. In the past, most of these counties would have contained hundreds or even thousands of groups (Fitzpatrick et al. 1994). Based on the amount of destroyed scrub habitat, scrub-jay population loss along the Lake

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Wales Ridge is 80 percent or more since pre-European settlement (Fitzpatrick et al. 1991). Since the early 1980s, Fitzpatrick et al. (1994) estimated that in the northern third of the species' range, the

Florida scrub-jay has declined between 25 and 50 percent. The species may have declined by as much as 25 to 50 percent in the last decade alone (Stith et al. 1996).

On protected lands, scrub-jays have continued to decline due to inadequate habitat management

(Stith 1999). However, over the last several years, steps to reverse this decline have occurred, and management of scrub habitat is continuing in many areas of Florida (Hastie and Eckl 1999; Stith

1999; TNC 2001; A. Birch, Brevard County Environmentally Endangered Lands (EEL), pers.

comm.; M Camardese, CCAFS, pers. comm.).

Analysis of Brevard County historic aerial photography and soil maps suggest that pre-European settlement oak scrub, scrubby pine flatwoods, and coastal scrub/strand covered at least 53,000 acres outside of federal lands (Toland 1999). Assuming average territory size of 25 acres per breeding pair, there were probably originally 2,200 to 2,500 Florida scrub-jay territories within

Brevard County. The 1992-1993 statewide survey estimated that on federal lands within Brevard

County, there were 860 pairs of Florida scrub-jays remaining; outside of federal lands, 276 breeding pairs of scrub-jays were present (Fitzpatrick et al. 1994). The figure on non-federal lands within Brevard County had dropped to 185 in 1999 (Toland 1999), illustrating a precipitous decline of the scrub-jay population within the county. Part of this decline may be attributed to a possible rare epidemic in 1997-1998. A total of 1,620 acres of scrub habitat have been purchased (outside federal ownership) for preservation by Brevard County EEL, the St. Johns River Water

Management District (SJRWMD), and the Florida Department of Environmental Protection

(FDEP); 2,500 acres more of potential scrub-jay habitat are proposed for acquisition by EEL and the SJRWMD (Toland 1999). All of these parcels need extensive restoration and management to obtain maximum usage by scrub jays. Over the last several years, an extensive effort to restore and manage these parcels has been undertaken by EEL, the SJRWMD, and FDEP (A. Birch, pers.

comm.).

In some areas of the range of the scrub-jay, it appears that the 1992-1993 state-wide census underestimated populations of scrub-jays, especially in areas where little was known about the status of the species. The state-wide census in 1992-1993 estimated about 145 pairs of scrub-

Space Wing FWS Log No. 04EF1000-2016-F-0164 20 jays remained within Sarasota County (Fitzpatrick et al. 1994), although Christman (2000) found

196 pairs of scrub-jays. Likewise, Miller and Stith (2002) documented 54 pairs of scrub-jays within the Deep Creek area of Charlotte County; while the state wide census in 1992-1993 documented only 19 pairs (Fitzpatrick et al. 1994). Given that habitat has continued to degrade and development activity has increased in these areas, it is unlikely that these increased numbers reflect a population increase, but rather a greater effort in the survey process over that undertaken in 1992-1993 (Miller and Stith 2002). Two possible reasons that the

1992-1993 state-wide census underestimated some populations are (1) there was inadequate time and/or resources to survey poorly-known areas and (2) scrubby flatwoods were often overlooked because surveyors relied on soil maps, which are not reliable predictors of where scrubby flatwoods occur.

Stith (1999) utilized a spatially explicit individual-based population model developed specifically for the Florida scrub-jay to complete a metapopulation viability analysis of the species. The species' range was divided into 21 metapopulations demographically isolated from each other. Metapopulations are defined as collections of relatively discrete demographic populations distributed over the landscape; these populations are connected within the metapopulations through dispersal or migration (National Research Council 1995). A series of simulations were run for each of the 21 metapopulations based on different scenarios of reserve design ranging from the minimal configuration consisting of only currently protected patches of scrub (no acquisition option) to the maximum configuration, where all remaining significant scrub patches were acquired for protection (complete acquisition option). The assumption was made that all areas that were protected were also restored and properly managed.

Results from Stith's (1999) simulation model included estimates of extinction, quasi-extinction (the probability of a scrub-jay metapopulation falling below 10 pairs), and percent population decline.

These were then used to rank the different state-wide metapopulations by vulnerability. The model predicted that five metapopulations (NE Lake, Martin, Merritt Island, Ocala National Forest, and

Lake Wales Ridge) have low risk of quasi-extinction. Two of the five (Martin and NE Lake), however, experienced significant population declines under the "no acquisition" option; the probability for survival of both of these metapopulations could be improved by more acquisitions.

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Eleven of the remaining 21 metapopulations were shown to be highly vulnerable to quasi- extinction if no more habitat was acquired (Central Brevard, N Brevard, Central Charlotte, NW Charlotte, Citrus, Lee, Levy, Manatee, Pasco, St. Lucie, and W Volusia). The model predicted that the risk of quasi-extinction would be greatly reduced for 7 of the 11 metapopulations (Central Brevard, N

Brevard, Central Charlotte, NW Charlotte, Levy, St. Lucie, and W Volusia) by acquiring all or most of the remaining scrub habitat. The model predicted that the remaining four metapopulations

(Citrus, Lee, Manatee, and Pasco) would moderately benefit if more acquisitions were made.

Stith (1999) classified two metapopulations (S Brevard and Sarasota) as moderately vulnerable with a moderate potential for improvement; they both had one or more fairly stable subpopulations of scrub-jays under protection, but the model predicted large population declines.