Attachment 1.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Ventura Fish and Wildlife Office

41?CH 3, 2493 Portola Road, Suite B Ventura, California 93003

IN REPLY REFER TO:

O8EVENOO-2012-F-0 182

February 04, 2015

Beatrice L. Kephart Installation Management Flight (30 CES/CEI) 102$ Iceland Avenue Vandenberg Air Force Base, California 93437

Subject: Biological Opinion on the Beach Management Plan and Water Rescue Training at Vandenberg Air Force Base (2014-2018) (8-8-12-F-i 1R)

Dear Ms. Kephart:

This document transmits the U.S. Fish and Wildlife Service’s (Service) biological opinion based on our review of the U.S. Air Force’s (Air Force) proposed beach management plan at Vandenberg Air Force Base (Vandenberg AFB) and its effects on the federally threatened Pacific Coast population of western snowy plover (Charadrius nivosus nivosus) and California red-legged frog (Rana draytonhi), and the endangered El Segundo blue butterfly (Euphitotes battoides allyni) and California least tern (Sterna antitlarum browni), in accordance with section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). We received your February 9, 2012, request for formal consultation on February 10, 2012.

This biological opinion is based on information that accompanied your request for consultation (Air Force 2012a), including electronic mail and telephone conversations between our staff, and information in our files. We based this biological opinion on information contained in your previous requests for formal consultation and subsequent biological opinions (1-$-01-F-13, 1-8- 02-F-7, and l-8-03-F-13) for the beach management program at Vandenberg AFB. Additionally, we have reviewed previous amendments to the beach management program, in which you requested minor changes that did not rise to the level of requiring informal or formal consultation, and concurrence letters pertaining to the incorporation of additional areas to conduct beach restoration activities. We can make a complete record of this consultation available at the Ventura Fish and Wildlife Office.

You requested reinitiation of consultation regarding the biological opinion for the beach management plan (1 -$-05-F-5R) to include water rescue training and coastline familiarization.

You determined that the water rescue training may affect, and is likely to adversely affect, western snowy plovers and California red-legged frogs and may affect, but is not likely to adversely affect, the El Segundo blue butterfly.

Beatrice L. Kephart (8-8-12-F-i 1R) 2

You also determined that the water rescue training and coastline familiarization may affect and would likely adversely affect federally threatened southern sea otters (Enhydra lutris nereis).

However, upon further discussions between our staffs regarding ways in which the Air Force could minimize effects to sea otters, you proposed to incorporate conservation measures into the project description that would avoid adversely affecting southern sea otters. You therefore revised your determination and concluded that water rescue training and coastline familiarization activities may affect, but are not likely to adversely affect, southern sea otters (Air Force 2013a).

Description of Water Rescue Training and Coastline Familiarization

The Air Force proposes to conduct water rescue training and coastline familiarization. For water rescue training, the Air Force would establish four areas on Base; two areas on North Base and two areas on South Base. The Vandenberg AFB Fire Department (Fire Department) would carry out these training activities, which could occur at any of four sites, but not all of them at the same time. The proposed training areas on North Base include the areas that are open to recreational use at Wall and Minuteman Beaches. The proposed training areas on South Base include the mouth of Honda Creek and the primary launch site at the Base’s boat harbor south of Point Arguello.

The Fire Department would conduct training on the use of personal watercrafl (PWC) and victim rescues within static water beyond the surf zone and in the surf line. Water rescue training would be restricted to within 0.5 mile (0.8 km) of the launch point; however, if the PWCs are launched from Minuteman Beach they would come back to Wall Beach due to the steep slope at Minuteman Beach. Utility vehicles would transport the PWC to the training areas or a hoist would lower the PWC into the boat harbor. Generally, one site is used per month and the training would occur year round. Training activities may occur for a maximum of two consecutive days. Up to 20 people could participate per day at each site.

Coastline familiarization would consist of personnel operating PWC up and down the coast between the Boat House and Jalama Beach to become familiar with the coastline in the event of an emergency rescue situation. The Air Force proposes to implement a suite of avoidance and minimization measures as part of the project description for this activity.

The launch site of PWC at the boat harbor is the only site out of the four training areas that is near a resident breeding colony of southern sea otters off the coast of Vandenberg AFB;

however, the entire Vandenberg AFB coastline is within the range of the southern sea otter.

Specifically, southern sea otters occur within and outside of the boat harbor, and a known resting/rafting area is present off the coast of the Base near Sudden Flats. Therefore, the Air Force proposes measures to avoid adversely affecting sea otters when conducting water rescue training and coastline familiarization. A qualified biologist familiar with the sea otter population off the coast of Vandenberg AFB will conduct a pre-activity briefing for project personnel that will: (a) describe the suite of measures below that the Air Force proposed to avoid adversely affecting sea otters; (b) provide a description of southern sea otters, their habitat, and where they are known to occur off the coast of Vandenberg AFB; (c) describe the temperature and metabolic

Beatrice L. Kephart (8-8-12-F-i 1R) 3 stress that sea otters are under and the impacts that result from disturbing resting sea otters; and

(d) inform them that southern sea otters are not to be adversely affected by the project activities.

Additional measures to avoid adversely affecting sea otters include:

1. A qualified biologist will monitor all training activities in areas occupied by southern sea otters (e.g., Boat Harbor and Sudden Flats);

2. The biologist will survey the training areas prior to training activities to ensure southern sea otters are not present; and

3. Launching of training equipment (PWC) will not occur if southern sea otters are present within the launch site;

4. The biologist will ensure that training activities are not conducted within 328 feet (100 meters) from resting or rafting sea otters.

In addition to the pre-activity briefing that will be provided to project personnel by a qualified biologist, the Air Force will implement the following measures to avoid adversely affecting southern sea otters while conducting coastline familiarization activities:

1. Personnel operating the PWC will maintain speeds of no more than 17 miles per hour (15 knots) within depths of less than approximately 131 feet (40 meters);

2. A qualified biologist will monitor all project activities to ensure the PWC do not adversely affect sea otters;

3. The PWC will maintain a minimum 328-foot (100-meter) buffer around all kelp beds (Macrocystis spp.) and known sea otter rafting areas;

4. All PWC will have global positioning systems (GPS) units to ensure that project personnel are staying within the designated pathway and outside of the 328-foot (100-meter) buffer;

and

5. The biological monitor will have the authority to halt all project activities if sea otters are observed within the pathway of the PWC, if personnel are not complying with the measures to avoid adversely affecting sea otters, or if the activities are affecting sea otters in a manner not discussed herein.

Determination for the El Segundo Blue Butterfly, California Red-legged Frog, California Least Tern, and Western Snowy Plover

For El Segundo blue butterfly, seacliff buckwheat (Eriogonum parvfolium)’ plants, which are

1 Seacliff buckwheat and coast buckwheat are common names for Eriogonurn parvfolium

Beatrice L. Kephart (8-8-12-F-i 1R) 4 host plants to the El Segundo blue butterfly, occur within and adjacent to the tertiary access road that the Fire Department would use during the water rescue training activities (specifically, accessing the launch site at the Honda Creek mouth). The Air Force has conducted multiple surveys (according to the standardized methods from El Segundo blue butterfly 10(a)(i)(A) Recovery Permits) along this road but has not observed any El Segundo blue butterflies during these surveys. Seacliff buckwheat plants at this location along the access road have not been determined to be occupied and thus would generally fall within habitat currently recognized as suitable but unknown to be occupied. However, because the Air Force conducted surveys over multiple years using the standardized methods found in the El Segundo blue butterfly recovery permit, the preponderance of evidence suggests that El Segundo blue butterflies are not present along the tertiary access road to the mouth of Honda Creek for water rescue training purposes.

Therefore, we concur with your determination that the water rescue training activities are not likely to adversely affect El Segundo blue butterflies.

For California red-legged frogs and western snowy plovers, water rescue training may adversely affect these species in a manner not previously analyzed in the existing biological opinion.

Therefore, we analyze the effects of the water rescue training on California red-legged frogs and western snowy plovers in this biological opinion. California least terns would not be affected by water rescue training. Additionally, coastline familiarization would not affect El Segundo blue butterfly, California red-legged frog, California least tern, or western snowy plover.

Determination for the Southern Sea Otter

Because southern sea otters occur within the area of the boat harbor and between the boat harbor and Jalama Beach, the water rescue training activities and coastline familiarization activities have the potential to adversely affect sea otters. Southern sea otters are mobile while foraging and forage in the open ocean nearby the coastline. An approaching PWC may cause an otter to flush from preferred foraging areas or cause it to forage elsewhere. However, because sea otters are mobile while foraging, the effect of a PWC causing an otter to flush while foraging is not likely to rise to the level of being adverse (L. Carswell, pers. comm. 2013). Affecting resting otters that may be rafting in kelp beds within the project area is a much greater concern due to the metabolic stress resulting from disturbing resting otters. Therefore, to avoid adversely affecting sea otters while conducting the water rescue training and coastline familiarization activities, the Air Force proposes to implement the suite of measures stated above as part of the project activities. Because the measures that the Air Force will implement would provide enough protection to avoid adversely affecting resting or rafting sea otters, we concur with your final determination that the water rescue and coastline familiarization activities, as proposed, may affect, but are not likely to adversely affect, southern sea otter.

We do not discuss coastline familiarization further because it would not affect the species on which we are formally consulting in this biological opinion (El Segundo blue butterfly, California red-legged frog, California least tern, and western snowy plover).

Beatrice L. Kephart (8-8-12-F-i 1R) 5

Incorporating the Management of the California Least Tern Colony at Purisima Point into the Beach Management Plan

As part of the reinitiation of this consultation, and in agreement with the Air Force, we have added the management of the California least tern colony on Vandenberg AfB. The management program was first described in the biological opinion we issued on January 11, 1999, for the Delta II launch program at Space Launch Complex 2 (SLC-2) and Taurus launch program at 576-E (1-8-98-F-25R). Subsequently, we issued a programmatic biological opinion (8-8-09-f-b) in September 2011, which superseded the previous biological opinion (1-8-98-F- 25R). Because the management of the California least tern colony at Purisima Point aligns more with the beach management program than the launch program it is currently managed under, we incorporated the management of the California least tern colony into the beach management program analyzed in this biological opinion.

The effects of launches from Vandenberg AFB on California least terns were analyzed in the previous biological opinions (1-8-98-F-25R and 8-8-09-F-b 0); therefore, we are not repeating that analysis herein. In this biological opinion, we only describe the activities associated with the management of the California least tern colony, which includes the maintenance of fencing around the Purisima Point colony, predator management, and nest monitoring activities.

Therefore, in this biological opinion we include a description of the California least tern management program, status of the species, an environmental baseline, and an effects analysis that pertains to the management of the colony. Consolidating the management programs for the California least tern and western snowy plover should lead to managing these species and their habitat efficiently under one program and reporting the programs’ effects within one document.

Beach Restoration Activities

The Air Force developed a comprehensive plan to restore western snowy plover habitat on Vandenberg AFB (Restoration Plan). The Air Force would conduct the restoration actions outside of the western snowy plover and California least tern breeding seasons. They proposed to remove approximately 62 acres (25 hectares) of European beachgrass and 2 to 3 acres (0.8 to

1.2 hectares) of iceplant from four areas (areas A-D) (Air Force 2005) to compensate for the adverse effects caused by allowing recreational access in 1.25 miles (2.0 kilometers (km)) of western snowy plover nesting habitat (see Description of the Proposed Action section below). A goal of the beach restoration plan is to increase the amount of breeding habitat available for western snowy plovers and California least.

In 2011, the Air Force requested including Wall Beach in the restoration area and proposed to use herbicide to selectively, chemically treat 4 acres (1.6 hectares) of European beachgrass and 18 acres (7.3 hectares) of iceplant. The Air force determined that the restoration activities may affect, but were not likely to adversely affect, the western snowy plover, California least tern, California red-legged frog, El Segundo blue butterfly, and tidewater goby (Air Force 2011). We concurred with the Air Force’s determination on October 13, 2011. As part of this current

Beatrice L. Kephart (8-8-12-f-I 1R) 6 request for consultation, the Air Force proposes to conduct restoration activities within any suitable habitat for California least terns and western snowy plovers on Vandenberg AFB (Air Force 2013a).

Determinations for the El Segundo Blue Butterfly, California Red-legged frog, Tidewater Goby, Western Snowy Plover, and California Least Tern

Western Snowy Plover and California Least Tern

Restoring suitable habitat could have a beneficial effect on the western snowy plover and California least tern by enhancing the quality and availability of habitat. The U.S. Bureau of Land Management cleared 167 acres of normative vegetation on the North Spit of Coos Bay, Oregon, and snowy plovers used many of the cleared areas almost immediately for nesting and brood rearing (Service 2007). However, it may take many years to eliminate normative plants from suitable habitat areas and there is potential that western snowy plovers may never move into restored areas for nesting.

All restoration activities would occur outside of the breeding season for western snowy plovers and California least terns. Thus, the Air Force would avoid adverse effects to the breeding population that could result if these activities would occur during the breeding season. To date, restoration activities have not adversely affected western snowy plovers or California least terns.

A qualified biological monitor will oversee the restoration activities to ensure that foraging behavior of wintering snowy plovers is not adversely affected. California least terns would not be present at restoration sites outside of the breeding season. Therefore, because the restoration would be conducted outside of the breeding season, and the Air Force has proposed measures to avoid adversely affecting wintering western snowy plovers, we concur with your determination that the proposed restoration activities would not adversely affect western snowy plovers or California least terns.

El Segundo Blue Butterfly

As noted previously, we concurred with your determination on October 13, 2011, that the restoration activities at Wall Beach are not likely to adversely affect El Segundo blue butterflies (Air Force 2011). We concurred because you proposed to cover and avoid seacliff buckwheat plants when chemically treating and removing invasive plants at this location. However, considering that the restoration areas analyzed under this biological opinion would include mechanical, manual, chemical, and controlled burning removal methods within all western snowy plover and California least tern habitat on Vandenberg AFB, including areas containing seacliff buckwheat, we do not concur that the beach restoration activities are not likely to adversely affect El Segundo blue butterfly. Controlled burning activities would likely remove seacliff buckwheat plants in some of the restoration sites because buckwheat plants occur scattered within stands of the invasive species targeted for removal. Therefore, we analyze the effects of beach restoration activities to El Segundo blue butterflies in the biological opinion below.

Beatrice L. Kephart (8-8-12-F-i 1R) 7

California Red-legged frog and Tidewater Goby

The restoration activities would not occur within wetland or riparian areas, and the Air Force proposed protective measures to avoid adversely affecting these species. On October 13, 2011, we concurred with your determination that the restoration activities are not likely to adversely affect California red-legged frogs or tidewater gobies (Air force 2011).

CONSULTATION HISTORY

The history of consultation concerning the beach management program and recreational access at Vandenberg AFB and its effect on western snowy plovers dates back to 1995. We have issued numerous biological opinions analyzing effects of the beach management program at Vandenberg AFB. During the 2001 breeding season, the Air force proposed a beach management program that formed the basis of the plan as it currently exists. We are not providing a complete consultation history in this biological opinion, but we include a brief discussion of the beach management program since the 2001 breeding season.

Beach Management

On March 9, 2001, we issued a biological opinion (1-8-01-f-13) to the Air Force for their proposed beach management plan for the 2001 western snowy plover breeding season. The Air Force’s proposed action allowed unrestricted recreational beach access to 1.25 miles (2.01 km) of western snowy plover habitat during the 2001 breeding season (the same area that was open to recreational access during the 2000 breeding season). Public access would be available to approximately 0.5 mile (0.8 km) of Surf Beach, military access would be available at the northernmost 0.25 mile (0.4 km) of Wall Beach and the northernmost 0.5 mile (0.8 km) of Minuteman Beach. Military recreational access in this context included active duty military and their dependents, retired military and their dependents, Department of Defense and Vandenberg contractor employees. The Air force has authorized access for saltwater fishing at Minuteman Beach and for active duty military at Wall Beach through an agreement with the State of California regarding the Vandenberg State Marine Reserve. The Air Force proposed to close all other sandy beaches on Vandenberg AFB during the breeding season (March 1 to September 30) and proposed to fence and sign the closed sections of beach As part of the 2001 management plan, the Air force proposed to close Surf Beach to all recreational access for the remainder of the breeding season if they document more than 25 violations of the closed area at Surf Beach within one breeding season. indicating the reason and timing of the closure. Fencing would run perpendicular to the ocean from the back dunes to at least the mean high tide line. The Air Force proposed to remove the fencing, in whole or in part, at the end of the breeding season. Similarly, the Air Force would close Wall and Minuteman Beaches if more than 10 and 5 violations, respectively, occur within one breeding season.

On December 21, 2001, we issued a biological opinion (1-8-02-F-7) for the beach management plan during the 2002 western snowy plover breeding season. The beach management plan was the same as proposed during the 2001 breeding season. However, in a letter dated July 26, 2002, Beatrice L. Kephart (8-8-12-F-i 1R) 8 we concurred with the Air Force’s determination that increasing the violation limit at Surf Beach from 25 to 40 would not result in additional adverse effects. In a letter dated October 2, 2002, we concurred with Air Force’s determination that eliminating the wintering closure at the mouth of the Santa Ynez River would not require reinitiation of consultation. Apparently, when the closure at the Santa Ynez River mouth has been in place, western snowy plovers have not been observed roosting in the area on a regular basis or in large numbers, and the Air Force indicated that the closure was hard to maintain.

On May 12, 2003, we issued another biological opinion (i-8-03-F-13) for the beach management plan for the 2003 breeding season that was the same as the year before. Likewise, the 2004 beach management plan was the same as proposed previously.

In 2004, we had a series of meetings with the Air Force to discuss the beach management strategy going forward. Through a cooperative effort, we agreed on a proposed 5-year beach management plan that would include many of the same protective measures that have been in place during the previous three breeding seasons, yet would allow the Air Force to provide recreational access to its beaches 7 days a week.

On March 1, 2005, we issued a biological opinion (1 -$-05-F-5R) for the beach management plan for the 2005 through 2009 breeding seasons. This plan included an increase of the violation limits at Surf and Minuteman Beaches during the 5-year plan. Violation limits at Surf Beach were increased from 40 to 50, and increased from 5 to 10 at Minuteman Beach. During the 5-year period this biological opinion was in effect, we have consulted with the Air Force to make minor adjustments to some management actions; these minor amendments did not reach the level of triggering additional formal or informal consultation.

In 2010, the Air Force proposed renewing the beach management plan to be effective from 2010 through the 2014 breeding season. The Air Force proposed fotir changes to update the project description that included to: (1) remove temporary shelters for enforcement personnel; (2) discontinue the use of satellite phones for monitors facilitating communications with enforcement personnel; (3) allow the Air Force to trap and remove corvids near western snowy plover habitat and coordinate all predator management activities instead of using U.S.

Department of Agriculture’s Wildlife Services to conduct these activities; and (4) use infrared-triggered still cameras only in areas with identified predation issues. On March 2, 2010, we determined that the proposed changes to the project description would not result in any additional adverse effects beyond the effects analyzed in the biological opinion. Therefore, we extended the beach management plan to be effective through the 2014 breeding season.

Beach Restoration Plan

The Air Force developed a comprehensive plan to restore western snowy plover habitat on Vandenberg AFB (Restoration Plan) to compensate for the adverse effects of allowing recreational access on 1.25 miles (2.01 km) of western snowy plover habitat. The Air Force

Beatrice L. Kephart (8-8-12-F-i 1R) 9 proposed to eradicate nonnative dune vegetation within western snowy plover habitat (Air Force 2005; see Description of the Proposed Action section below).

In 2007, you requested our concurrence that conducting beach restoration activities at areas A-D identified in the Restoration Plan was not likely to adversely affect the El Segundo blue butterfly.

In a letter dated December 19, 2007, we concurred with your determination because you proposed to conduct the restoration activities outside of the flight season, avoid affecting seacliff buckwheat plants by placing a protective cover over all seacliff buckwheat plants that may be subject to herbicide, and we only considered the effects of mechanical, manual, and chemical restoration methods.

In 2011, you requested to amend the beach management plan (l-8-05-F-5R) to include beach restoration at Wall Beach, between the parking lot and the mouth of the Santa Ynez River. In a letter, dated October 13, 2011, we concurred with your determination that the restoration activities at Wall Beach would not result in adverse effects to the western snowy plover beyond what we had previously analyzed under the biological opinion. We also concurred with your determination that restoration at Wall Beach is not likely to adversely affect the El Segundo blue butterfly, California red-legged frog, tidewater goby, and California least tern. However, as discussed above, we do not concur with your determination that the additional proposed beach restoration activities in all western snowy plover habitat are not likely to adversely affect El Segundo blue butterflies.

BIOLOGICAL OPINION

DESCRIPTION OF THE PROPOSED ACTION

The biological opinion consists of two main elements: (1) beach management plan, which includes access and enforcement, predator management, and beach restoration activities; and (2) water rescue training.

Beach Management

Beach Access and Enforcement

For the purposes of this biological opinion, beaches where the proposed activities would occur on Vandenberg AFB are divided into three sections: 1) North Beaches (6.2 miles) (10 km) extending from the north end of Minuteman Beach south to the rocky shore that extends north from Purisima Point; 2) Purisima Beaches (2.6 miles) (4.2 km) encompass the sandy pocket beaches, rocky beaches and dune areas adjacent to Purisima Point, including the Purisima Point least tern colony; and 3) South Beaches (5 miles) (8 km) encompass sandy coastline habitat predominately consisting of small dunes and narrow beaches backed by sheer and vegetated bluffs. North Beaches are subdivided into four sectors: 1) Minuteman, 2) Shuman North, 3) Shuman South, and 4) San Antonio. Purisima Beaches are subdivided into two sectors: 1)

Beatrice L. Kephart (8-8-12-F-i 1R) 10

Purisima North, and 2) Purisima Least Tern Colony. South Beaches are subdivided into three sectors including: 1) Wall, 2) Surf North, and 3) Surf South (Appendix A).

Western Snowy Plover

The Air Force proposes to allow recreational beach access to 1.25 miles (2.01 km) of approximately 13.8 miles (22.2 km) of suitable nesting habitat on Vandenberg AFB during the 2014-2018 breeding seasons (open areas) (the same area that was open to recreational access during the 2000-2013 breeding seasons) and for any year thereafter that the Air Force and the Service agree to extend this biological opinion. All other sandy beaches determined to be western snowy plover and California least tern habitat on Vandenberg would be closed during the breeding season (closed areas) (March 1 to September 30).

Open Areas

The open section of Surf Beach at Surf North would extend from the closure fence that the Air Force first installed in July 1999 and continue north approximately 0.5 mile (0.8 km). The Air Force established the northern boundary to protect the cluster of several nests that typically occur near this boundary. Public access is available within the open area at Surf Beach. Recreational users (e.g. walking and surfing) may access Surf Beach either through the existing access trail at the Surf Station parking lot or by a trail through the back dunes from the Ocean Beach parking lot to Surf Station. A public access road through Vandenberg (Ocean Avenue) makes Ocean Park and Surf Station accessible to the public. Access to the open area at the northernmost 0.25 mile (0.4 km) of Wall Beach is adjacent to the boundary fence. Access to the open area at the northernmost 0.5 mile (0.8 km) of Minuteman Beach is at the bluff-backed beach north of the existing access trail, where western snowy plover nesting has not been known to occur. The Air Force would close Minuteman Beach south of the access trail. Military recreational access would be available at portions of Wall and Minuteman Beaches. Military recreational access in this context includes active duty military and their dependents, retired military and their dependents, Department of Defense and Vandenberg contractor employees. The Air Force authorizes access for saltwater fishing Minuteman Beach and for active duty military at Wall Beach.

Closed Areas

The Air Force would close approximately 12.55 miles (20.2 km) of Vandenberg AFB’s coastal sand beaches and adjacent dunes to recreational access during the breeding season (March 1 to September 30). The Air Force previously used drift fencing and signs to demarcate the closed section of the beaches, but currently utilizes strands of yellow rope along with signs that indicate the reasons and timing of the closure. These boundary ropes run perpendicular to the ocean from the back dunes to at least the mean high tide line. The Air Force opens the “closed areas” to public access, with restrictions (see minimization measure #7 below), at the end of the breeding season when all western snowy plovers have fledged.

Beatrice L. Kephart (8-8-12-F-i 1R) 11

California Least Tern

The Air Force delimits the California least tern colony at Purisima Point with an electric fence and does not permit public access or recreational activities in this area during the breeding season. The Air Force strictly enforces any violation of the restriction. Additionally, if California least terns recolonize historical, or establish new nesting sites on Base, the Air Force would likely afford those sites the access and recreational restrictions that would be in place to protect western snowy plovers.

Avoidance and Minimization Measures for the Western Snowy Plover and California Least Tern

The Air Force proposes to implement the following measures to minimize human disturbance and potential intrusion into areas closed during the western snowy plover and California least tern breeding seasons:

1. The Air Force will place fencing and bilingual (English and Spanish) signs to delineate closed beach and dune areas. Fencing (strands of yellow rope) in beach areas will be erected perpendicular to the shoreline and will extend from as close to the water as practicable to the upper dunes.

2. The Air Force will inspect fences throughout the breeding season to assess the need for maintenance. Individuals responsible for repairing damaged fences will coordinate with the biological monitors to avoid adversely affecting western snowy plovers and least terns during fence maintenance activities.

3. The Air Force will provide animal-proof trash containers in convenient locations near entrances to all open beach areas and will empty and clean the containers as needed to minimize attracting predators.

4. The Air Force will make routine beach inspections to remove any trash from open beach areas.

5. The Air Force will present the established educational program to all base personnel and contractors who may use beaches for recreation. This program will:

a. describe and illustrate the behavior of the western snowy plover and its distribution and habitat on Base;

b. describe threats to the western snowy plover;

c. describe the adverse effects of feeding wildlife;

d. explain seasonal access restrictions of certain areas;

e. show examples of signs describing beach restrictions;

f. explain the penalties for not obeying restrictions;

g. provide maps showing restrictions; and

Beatrice L. Kephart (8-8-12-f-i 1R) 12

h. identify the proper contact if an injured or dead western snowy plover or California least tern is found.

6. The Air Force will distribute an educational brochure to the public, as needed.

7. The following prohibitions will be in effect for all of Vandenberg AFB beaches during the nonbreeding season (from approximately October 1 to February 28):

a. overnight camping is prohibited;

b. pets must be on a leash at all times;

c. littering is prohibited;

d. fireworks are prohibited; and

e. recreational off-road vehicles (ATVs and utility vehicles) are prohibited, unless used for the sole purpose of the Fire Department to transport personal watercraft (PWC) to specific launch sites (see Water Rescue Training)

8. The following prohibitions will be in effect for all of Vandenberg AFB ‘5 western snowy plover and California least tern beaches during the breeding season from March 1 to September 30:

a. beach fires are prohibited;

b. pets are prohibited;

c. overnight camping is prohibited;

d. littering is prohibited;

e. recreational off-road vehicles are prohibited, unless used for the sole purpose of the Fire

Department to transport PWC to specific launch sites (see Water Rescue Training);

f. fireworks are prohibited;

g. horses are prohibited

h. windsurfing and/or parasailing is prohibited; and

i. kite flying is prohibited.

9. Overflight restrictions will include a minimum 500-foot (152-meter) altitude above western snowy plover nesting areas and 1,900-foot (579-meter) altitude over the least tern nesting area at Purisima Point. Flight patterns are established to minimize aircraft presence over these areas

10. The Air Force’s enforcement officers will issue citations, at their discretion, to all persons found violating the beach access restrictions.

11. Enforcement of beach access will be conducted as follows: (a) enforcement personnel will patrol beaches during both open and closed periods; and (b) enforcement efforts will emphasize personnel presence when and where it is most needed (i.e., where violations are occurring or are deemed most likely to occur), and will be adjusted to times and locations

Beatrice L. Kephart (8-8-12-F-i 1R) 13

12. where violations are occurring. The Air Force will conduct patrols on foot and only on wet sand in closed areas to the maximum extent practicable.

13. If the Air Force documents 50 violations of the closed area of Surf Beach (including Ocean Park) in any one breeding season, Surf Beach will be closed to all recreational access for the remainder of the western snowy plover breeding season. If the Air Force documents 10 violations of the closed area at Wall Beach in any one breeding season, Wall Beach will be closed to all recreational access for the remainder of the breeding season. If the Air Force documents 10 violations of the closed area at Minuteman Beach in any one breeding season, Minuteman Beach will be closed to all recreational access for the remainder of the breeding season.

Violations ofBeach Closure Rules

The Air Force will determine violations based on individuals found in closed areas or by evidence of such intrusion based on footprints in closed areas. Violations of beach closures will be determined in the following manner:

1. Each individual found in a closed beach area will count as a single and separate violation.

Multiple persons in a closed area will count as multiple violations. However, if multiple persons are found in a closed area, or there is evidence (e.g., footprints) of multiple persons violating the closed area restrictions that appear to be part of a discrete group (2 or more individuals), the Air Force will contact the Service to determine whether the individuals in the discrete group would be counted as individual violations (e.g., whether a group of 10 individuals would count as 10 violations) or if the discrete group as a whole would count as 1 violation. Because this situation is not typical, the Air Force and Service will make this determination on a case-by-case basis.

2. The Air Force will consider documentation of entry into closed beach areas based on footprints a violation for each set of footprints.

3. The Air Force will investigate evidence of persistent activity (lasting more than a few minutes) in a closed area, such as a fire, camping, resting or other similar activity as a violation. The Air Force will conduct an investigation to attempt to determine the following:

the number of people who entered the closure, the type of activity and duration, and the potential effects to western snowy plovers.

4. The Air Force will conduct investigations of potential violations in a manner such that western snowy plovers will not be adversely affected as a result of the investigation. Air Force enforcement personnel will coordinate with and be escorted by monitors to avoid adverse effects to western snowy plovers. Monitors will assist the investigating official to help determine adverse effects of the incident on western snowy plovers.

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In addition, the Air Force will implement the following actions to allow consistent follow-up and documentation of violations, and to support the Conservation Law Enforcement Officers in their enforcement efforts:

1. The Air Force will provide official forms (AF Form 116$, Statement of Suspect/Witness Complaint) to monitors for recording their observations of violations. This form will help standardize reporting by monitors to better document the time, date, nature of observed violations, and evaluate potential impacts to western snowy plovers.

2. Law enforcement personnel must witness monitors filling out AF Form 116$ for them to be legally valid. Therefore, the monitor must contact Conservation Law Enforcement Officers the same day that they observe the evidence of violation(s). Many cases (e.g., footprints-only evidence) require subsequent onsite investigation by the officers to determine if a violation or violations occurred. In some cases this may not be feasible. Therefore, this measure is expected to reduce, but not entirely eliminate, the number of incidents where the monitor’s observations of trespass do not receive follow-up investigation by law enforcement.

3. The Air Force will establish clear protocols for communication between monitors, Conservation Law Enforcement Officers, and the Air Force biologist(s).

4. The Air Force will ensure monitors are kept informed of all beach openings and closings and criteria for counting violations toward the violation limit for each beach.

Beach Restoration

An important aspect of the beach management program at Vandenberg AFB is restoration of suitable western snowy plover and California least tern habitat. The Air Force developed the restoration plan with the primary aim of providing a long-term benefit to western snowy plovers and California least terns by enhancing suitable habitat. They proposed to conduct restoration activities within any suitable habitat for California least terns and western snowy plovers on Vandenberg AFB; the total area encompasses approximately 1,628 acres (659 hectares) (Air Force 2013a; Kaisersaft, in lift. 2014). They proposed to conduct the restoration actions between October 1 and February 28, which is outside of the El Segundo blue butterfly, western snowy plover and California least tern breeding seasons. The Air Force would utilize a combination of restoration methods such as manual removal, chemical treatment, mechanical removal, and controlled burning to eradicate invasive nonnative dune vegetation (e.g., European beachgrass and iceplant.

Predator Management

The Air Force developed a predator management plan for western snowy plovers during the 2001 breeding season. The Air Force updated the plan in response to changing conditions, primarily due to the incursion of common ravens (Corvus corax). The goal of the plan is to control predation on western snowy plovers and California least terns sufficiently to allow a

Beatrice L. Kephart (8-8-12-f-i 1R) 15 reasonable level of recruitment into the population. Qualified biologists conduct predation control, which focuses on those species that have a substantial effect on western snowy plover and California least tern breeding and fledging success [e.g., coyotes (Canis latrans) and corvids (western scrub-jays (Aphelocoma calfornica), crows (Corvus brachyrhynchos), ravens)J. The Air Force targets individual problem coyotes and corvids for lethal removal. Predatory birds, such as American kestrels (falco sparverius), loggerhead shrikes (Lanius tudovicianus), and merlins (fatco columbarius), found to be preying on western snowy plover and California least tern would be captured and relocated when possible. The predator management plan is subject to change based on information gained during implementation.

The Air Force will implement the following measures to manage avian and mammalian predators during the western snowy plover and California least tern breeding season:

Avian Predators

1. The Air Force will trap and remove avian predators identified as an imminent threat near western snowy plover and California least tern habitat, and coordinate all predator management activities between the biological monitors and appropriately permitted individuals. Predator management personnel would observe predator movements to and from beaches in an attempt to identify roosting and nesting locations of birds that frequent western snowy plover and California least tern habitat. Additionally, the Air Force will lethally remove individual coyotes that are keying-in on western snowy plover nests. In some instances, the lethal removal of corvids may be warranted. Authorized personal under the direction of a Vandenberg AFB biologist would maintain the trap(s), humanely euthanize corvids, and dispose of the carcasses.

2. Nixalite® or similar materials will be installed on all posts and fencing where practicable to minimize the attractiveness of these structures to avian predators.

3. The Air force will place small shelters within California least tern nesting habitat at Purisima Point to provide cover for least tern chicks from avian predators. The Air Force will evaluate the design, number and specific placement of shelters each season to achieve optimum effectiveness.

Mammatian Predators

1. The Air force will install and maintain electric fencing around the California least tern managed area at Purisima Point (Purisima Point Colony). The Air Force will electrify the fences prior to the arrival of any California least terns and will repair fences as needed.

2. The Air Force will utilize infrared-triggered still cameras to assist with unidentified predation issues.

3. The Air force will place traps for mammalian predators based on information derived from

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4. Trapping and lethal removal of mammalian predators within nesting habitat will be done by trained and authorized personnel under the supervision of individuals permitted to work in western snowy plover and California least tern nesting habitat.

Water Rescue Training

As discussed above, the Air Force proposes to establish four water rescue training areas on Base;

two areas on North Base and two areas on South Base. The Fire Department would carry out these training activities, which could occur at any of four sites, but not all of them at the same time. The proposed training areas on North Base include the areas that are open to recreational use at Wall and Minuteman Beaches. The proposed training areas on South Base include the mouth of Honda Creek and the primary launch site at the Base’s boat harbor south of Point Arguello.

The Fire Department would conduct training on the use of PWC and victim rescues within static water beyond the surf zone and in the surf line. Water rescue training would be restricted to within 0.5 mile (0.8 km) of the launch point; however, if the PWCs are launched from Minuteman Beach they would come back to Wall Beach due to the steep slope at Minuteman Beach. Utility vehicles would transport the PWC to the training areas or a hoist would lower the PWC into the boat harbor. Generally, one site is used per month and the training would occur year round. Training activities may occur for a maximum of two consecutive days. Up to 20 people could participate per day at each site. In addition to those measures described above to avoid adverse effects from water rescue training and coastline familiarization to the southern sea otter, the Air Force also proposes the following measures to avoid and minimize adverse effects from water rescue training to the California red-legged frog and western snowy plover:

California Red-legged Frog

1. Prior to any training activities, a qualified biologist who is familiar with California red-legged frogs will conduct a brief training session for personnel that will include a description of the species and the avoidance and minimization measures afforded to it.

2. The Air Force will conduct all equipment maintenance and refueling at least 250 feet (76 meters) away from riparian and wetland areas. Project personnel will conduct daily inspections of vehicles for leaks of hazardous substances.

3. The Air Force will limit the number of access routes, number and size of staging areas, and the total area of the activity to the minimum necessary to achieve training needs. The Air Force will clearly demarcate routes and boundaries and will locate them as far as possible outside of riparian and wetland areas.

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4. A Service-approved biologist will conduct pre-activity surveys at the mouth of Honda Creek, and relocate California red-legged frogs found within the project area to the nearest suitable habitat outside of the project area but within the same watershed.

Western Snowy Plover

1. Prior to any training activities, a qualified biologist who is familiar with the western snowy plover will provide a brief training session for water rescue personnel that will include a description of the species and the avoidance and minimization measures afforded to it during the breeding and wintering seasons.

2. A Service-approved biologist will monitor all training activities at Wall and Minuteman beaches to minimize effects to western snowy plovers.

3. Training activities at Wall and Minuteman beaches will only occur within the open areas during the western snowy plover breeding season.

4. All-terrain vehicles/utility vehicles will be restricted to 15 miles per hour within western snowy plover habitat to avoid impacts to breeding and wintering birds.

5. The Air Force will choose access routes that avoid nests and wintering western snowy plovers in the open areas at Wall and Minuteman Beaches.

6. During the breeding season, access in the open areas will be as far away as possible from the boundary fences demarcating the closed areas at Wall and Minuteman Beaches while still allowing the Fire Department to accomplish its training.

ANALYTICAL FRAMEWORK FOR THE JEOPARDY DETERMINATIONS

Section 7(a)(2) of the Endangered Species Act requires that Federal agencies ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of listed species. “Jeopardize the continued existence of’ 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).

The jeopardy analysis in this biological opinion relies on four components: (1) the Status ofthe Species, which describes the range-wide condition of El Segundo blue butterfly, California red legged frog, California least tern, and western snowy plover, the factors responsible for that condition, and its survival and recovery needs; (2) the Environmental Baseline, which analyzes the condition of El Segundo blue butterfly, California red-legged frog, California least tern, and western snowy plover in the action area, the factors responsible for that condition, and the relationship of the action area to the survival and recovery of El Segundo blue butterfly, California red-legged frog, California least tern, and western snowy plover; (3) the Effects ofthe

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Action, which determines the direct and indirect impacts of the proposed Federal action and the effects of any interrelated or interdependent activities on El Segundo blue butterfly, California red-legged frog, California least tern, and western snowy plover; and (4) the Cumulative Effects, which evaluates the effects of future, non-Federal activities in the action area on El Segundo blue butterfly, California red-legged frog, California least tern, and western snowy plover.

In accordance with policy and regulation, the jeopardy determinations are made by evaluating the effects of the proposed Federal action in the context of the current status of El Segundo blue butterfly, California…