Attachment2_USFWS Biological Opinion.pdf

Attachment 3

U.S. Fish and Wildlife Section 7 Consultation and Biological Opinion

United States Department of the Interior

FISH AND WILDLIFE SERVICE

San Francisco Bay-Delta Fish and Wildlife Office

U.S. Fish and Wildlife Service

650 Capitol Mall, Suite 8-300

Sacramento, CA 95814

In Reply Refer to: September 16, 2022

2022-0014966-S7-001

Nam P. Nguyen

Environmental Program Manager

United States Department of Transportation

Federal Aviation Administration

Office of Policy, International Affairs & Environment

Office of Environment and Energy

777 S. Aviation Blvd, Suite 150

El Segundo, CA 90245

Subject: Formal Consultation for the Federal Aviation Administration Removal of

Auxiliary Building, Antenna, and Fencing in Military Ocean Terminal Concord, Contra Costa County, CA

Dear Mr. Nguyen:

This letter is in response to the United States Department of the Transportation’s (USDOT)

March 1, 2022, letter requesting initiation of formal consultation with the U.S. Fish and Wildlife

Service (Service) on the proposed Federal Aviation Administration (FAA) Removal of Auxiliary

Building, Antenna, and Fencing in Military Ocean Terminal Concord (MOTCO) (project), in

Contra Costa County, California. Your request letter was received via electronic mail (email) by the San Francisco Bay-Delta Fish and Wildlife Office on March 1, 2022. The USDOT determined that the proposed project may affect, but will not likely adversely affect the federally endangered California clapper rail (Rallus longirostris obsoletus)(CCR) or the endangered soft bird’s-beak (Cordylanthus mollis ssp. mollis). The USDOT also determined that the project may affect and is likely to adversely affect the endangered salt marsh harvest mouse

(Reithrodontomys raviventris)(SMHM). This response is provided under the authority of the

Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and in accordance with the implementing regulations pertaining to interagency cooperation (50 CFR 402).

In considering your request, we based our evaluation on the following: (1) the USDOT’s March

1, 2022, request for initiation of formal consultation letter; (2) the September 2021, Section 7

Biological Assessment - Military Ocean Terminal Concord (MOTCO) Restoration Project -

Concord, Contra Costa County, California (BA) prepared by WRA, Inc.; and (3) other information available to the Service.

Mr. Nam P. Nguyen 2

Recent genetic analyses of rail species resulted in a change in the common name and taxonomy of the large, “clapper-type” rails (Rallus longirostris) of the west coast of North America to

Ridgway’s rail (Rallus obsoletus) (Maley and Brumfield 2013; Chesser et al. 2014). Thus the

California clapper rail (Rallus longirostris obsoletus) is now referred to in the scientific community as the California Ridgway’s rail (Rallus obsoletus obsoletus). Until the Service officially publishes the adoption of recent nomenclature changes made by the American

Ornithologists’ Union to Ridgway’s Rail (Rallus obsoletus) in the Federal Register, we maintain the use of California clapper rail (Rallus longirostris obsoletus) in this correspondence.

Recent and historic records for the CCR and the soft bird’s-beak are documented within approximately 2,000 feet of the project site (California Natural Diversity Database

(CNDDB))(California Department of Fish and Wildlife (CDFW) 2022). The project area itself is currently fenced and consists of almost entirely degraded habitat. It is unlikely that CCR would be present within the project area; however, suitable habitat for foraging, sheltering and nesting is present in a large quantity in the tidal marshes of Hastings Slough East Marsh directly adjacent to the project area. The USDOT also proposes to avoid the nesting season of the CCR (February through August) for the decommissioning construction and provide a biological monitor to ensure that work avoids potential impacts to the CCR. The USDOT proposes to conduct targeted plant surveys in July and August prior to project commencement to determine if soft bird’s-beak occurs in the project work area and avoid any plants identified in the work area. No habitat is proposed to be permanently removed or lost and following the removal of infrastructure from the project area, the site will be restored through reseeding and natural revegetation. The project is small in scope and scale. MOTCO is a large military complex with constant human activity.

Trains and other large heavy machinery are operated year around. Construction activities associated with the project are not likely to rise above the normal background disturbance levels at MOTCO. It is anticipated that a small crew of less than 10 individuals operating a small contingent of construction equipment (e.g., an excavator, loader, hauler, or similar) would take no more than three weeks to complete restoration at the site. CCR within the tidal marsh habitats near the project area are likely able to avoid the area, utilize tidal marsh habitats away from construction, and conduct their normal behaviors without interference. Based on the summary above, the Service concurs with the USDOT’s determination that the project, as described, will not likely adversely affect the soft bird's-beak or the CCR.

CONSULTATION HISTORY

March 1, 2022 The Service received the consultation request from the USDOT.

August 23, 2022 The Service received an email from USDOT confirming that the project will implement exclusion fencing as part of the proposed conservation measures.

Mr. Nam P. Nguyen 3

BIOLOGICAL OPINION

Description of the Proposed Action

The USDOT proposes to decommission and remove the existing FAA infrastructure and restore the project area to near pre-existing conditions. This will include demolition and removal of all structures, concrete supports, enclosure fencing, and reseeding with native marsh vegetation.

Work would commence with clearing all vegetation within the work areas to eliminate cover for

SMHM. Once vegetation has been removed, a construction crew using heavy equipment (e.g., an excavator, loader or similar) as well as other heavy equipment will be used to demolish any infrastructure, including removal of fencing and associated footings, and all materials will then be hauled offsite for disposal. Once the structures are removed, any exposed gravel within the enclosure will be collected and similarly hauled offsite for disposal. Once all structures and gravel are removed from the site, the disturbed areas will be seeded with a native salt marsh seed mix to promote the re-establishment of salt marsh vegetation within the restored areas. In addition, emergent marsh vegetation is also expected to naturally revegetate from the remaining root stock (i.e., vegetation will be trimmed but not fully removed so that it may regrow the next season). The gravel access road will be abandoned in place and allowed to continue to become colonized by marsh vegetation. Equipment used for the project will consist of heavy equipment

(e.g., excavator or loader) used to demolish extant structures, dump trucks to haul cut vegetation or demolished materials away, pickup trucks to move crews, and a variety of hand tools (e.g., weed whackers, mowers, etc.) for supporting the operation. The project is proposed to occur in one season and is anticipated that a small crew of less than 10 individuals would take no more than three weeks to complete all phases of restoration at the site.

Conservation Measures

The USDOT is proposing to implement a number of general conservation measures such as standard Best Management Practices (BMPs) and other general conservation measures. Please refer to the project BA for these BMPs. The following conservation measures are specific with regard to the SMHM.

1. A Service-approved biological monitor will be present during all vegetation clearing and all ground disturbance in marsh habitats and in vegetated areas adjacent to marsh habitats. The monitor will have demonstrated experience in biological construction monitoring for SMHM and knowledge of the biology of the special-status species that may be found in the project area. The monitor(s) will have the authority to halt construction, if necessary, to ensure that there is no take of federally listed species. The biological monitor(s) will be the contact person for any employee or contractor who might inadvertently kill or injure a potential special-status species or anyone who finds a dead, injured, or entrapped potential special-status species. If any mouse is injured or killed, all work will pause until the individual is identified to species.

2. Construction personnel will participate in a worker environmental awareness program.

Under this program, construction personnel will be informed about the presence of listed species and habitats associated with the species and that unlawful take of the animal or destruction of its habitat is a violation of the Act. The program will also include species identification, life history, habitat requirements of these species, the importance of their

Mr. Nam P. Nguyen 4 associated habitats, and a list of measures being taken to reduce impacts on these species during construction. A sign-in sheet of the training will be retained on site. A fact sheet conveying this information will be available to workers on-site in an area that is readily available to workers.

3. Vegetation clearing will occur prior to work with any heavy equipment. Vegetation clearing will be completed using only hand tools (e.g., string trimmers), and will occur as a two phased method when vegetation is taller than 12 inches. If vegetation is less than

12 inches, it may be cleared using Phase 2 methods only.

- Prior to any vegetation removal, the biological monitor will disturb vegetation using a broom or rake to SMHM to passively leave the area where vegetation will be removed and move into adjacent marsh areas (i.e., flush).

- Phase 1 Initial Cut: Once vegetation is surveyed by the biologist, any vegetation over 12 inches in height will be cut to a height of no less than 6 inches.

- Phase 2 Final Cut: For vegetation under 12 inches, or vegetation cut as prescribed in Phase 1, SMHM will be flushed from the work area and surveyed by the biologist. The vegetation will then be trimmed down to no taller than 2 inches.

Once cut, all vegetation will be raked or gathered and removed from the work area to assure that any possible cover for SMHM is removed.

4. A buffer of 10 feet will be cleared around the chain link fence to ensure that no mice are present in areas where they might be impacted by movement of equipment within the project area. After the 10-foot buffer has been established, an exclusion barrier and/or fencing will be installed to exclude individuals of this species from work areas. The design of the exclusion barrier and fencing will be approved by a qualified biologist and will be installed in the presence of a qualified biological monitor. The fence will be made of a material that does not allow SMHM to pass through, and the bottom will be buried to a depth of a minimum of 4 inches so that these species cannot crawl under the fence. All support for the exclusion fencing will be placed on the inside of the project footprint.

Action Area

The Action Area is defined in 50 CFR § 402.02, as “all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action.” MOTCO is in the east San Francisco Bay region, approximately 10 miles inland past the Carquinez Strait, which connects Suisun Bay to San Pablo Bay. The project is approximately 550 feet northwest of the Kinney Boulevard overpass of Waterfront Road on MOTCO. The project area includes a

150-foot x 150-foot fenced enclosure which surrounds the FAA infrastructure (approximately

0.63 acre) plus a 10-foot buffer around the fenced enclosure and the approximate 320-foot gravel access road which is used to access the site (approximately 0.07 acre) for a total of approximately 0.70 acre.

ANALYTICAL FRAMEWORK for the JEOPARDY DETERMINATION

Mr. Nam P. Nguyen 5

Section 7(a)(2) of the 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 considers the effects of the proposed Federal action, and any cumulative effects, on the range wide survival and recovery of the listed species.

It relies on four components: (1) the Status of the Species, which describes the current range wide condition of the species, the factors responsible for that condition, and its survival and recovery needs; (2) the Environmental Baseline, which analyzes the current condition of the species in the Action Area without the consequences to the listed species caused by the proposed action, the factors responsible for that condition, and the relationship of the Action Area to the survival and recovery of the species; (3) the Effects of the Action, which includes all effects that are caused by the proposed Federal action; and (4) the Cumulative Effects, which evaluates the effects of future, non-Federal activities in the Action Area on the species. The Effects of the

Action and Cumulative Effects are added to the Environmental Baseline and in light of the status of the species, the Service formulates its opinion as to whether the proposed action is likely to jeopardize the continued existence of listed species.

Status of the Species

SMHM

There are two subspecies of the salt marsh harvest mouse: the northern subspecies (R. r.

halicoetes) and the southern subspecies (R. r. raviventris) both of which are listed as endangered.

Information about the salt marsh harvest mouse biology and ecology is available in the Recovery

Plan for Tidal Marsh Ecosystems of Northern and Central California, available at:

https://ecos.fws.gov/docs/recovery_plan/TMRP/20130923_TMRP_Books_Signed_FINAL.pdf

(Service 2013). Critical habitat has not been designated for this species. Threats evaluated during the drafting of the recovery plan and discussed in the final document have continued to act on the species since its publication, with loss of habitat being the most significant effect. For the most recent comprehensive assessment of the species’ range-wide status, please refer to the salt marsh harvest mouse 5-year review at https://ecos.fws.gov/docs/tess/species_nonpublish/3630.pdf

(Service 2021). No change in the species’ listing status was recommended in this 5-year review.

Environmental Baseline

Environmental baseline refers to the condition of the listed species or its designated critical habitat in the Action Area, without the consequences to the listed species or designated critical habitat caused by the proposed action. The environmental baseline includes the past and present impacts of all Federal, State, or private actions and other human activities in the Action Area, the anticipated impacts of all proposed Federal projects in the Action Area that have already undergone formal or early section 7 consultation, and the impact of State or private actions which are contemporaneous with the consultation in process. The consequences to listed species or designated critical habitat from ongoing agency activities or existing agency facilities that are not within the agency's discretion to modify are part of the Environmental Baseline.

Mr. Nam P. Nguyen 6

MOTCO is a United States Army Military Surface Deployment and Distribution Command munitions and general cargo trans-shipment facility. All the upland areas within the Action Area can be categorized as developed, ruderal, and landscaped. Developed areas primarily consist of paved and compacted access roads, structures, or disturbed roadsides. Roadsides consist of ruderal (“weedy”) vegetation, and bare ground is present in patches. These areas have been disturbed by human activities and are dominated by nonnative annual grasses and other ruderal species. The Action Area is primarily ruderal upland with a few built structures present onsite enclosed by a chain-link fence on the perimeter. The project site is surrounded by a large matrix of fresh and saline emergent wetland, tidal marsh, and coastal scrub. The adjacent Hastings

Slough East Marsh receives ample tidal flow and is dominated by saltgrass (Distichlis spicata), pickleweed (Salicornia pacifica), rushes (Juncus spp.), and spearscale (Atriplex prostrata).

Populations of SMHM were detected during the 1998-1999 surveys conducted by the University of Arizona (Downard et al. 1999) in several tidal marsh locations at MOTCO. These areas included Hastings Slough East Marsh which is adjacent to and partially surrounds the Action

Area. The population in Hastings Slough East Marsh is also documented in the CNDDB (CDFW

2022). There are only small, isolated patches of suitable salt marsh habitat in the project footprint and would be considered marginal for foraging or sheltering. Two harvest mice, not identified to species, were encountered outside of the Action Area but within MOTCO property on August 1, 2018 and a nest with 3 or 4 blind and hairless young mice (not identified to species) were encountered on May 8, 2019 during construction activities under the May 5, 2017 consultation for General Repairs of Bridges, Roads, and Utilities at Military Ocean Terminal Concord

(MOTCO) (Service file no. 08FBDT00-2016-I-0226). With the historical occurrences of salt marsh harvest mice and more recent potential occurrences within the tidal marsh areas on

MOTCO, it is reasonable to assume presence of SMHM in the tidal marsh habitats surrounding the Action Area with the potential to enter the Action Area during the time of the project.

MOTCO has undergone several consultations within the last decade. Most recently, the Service issued the June 22, 2020, Formal Consultation for Routine Maintenance and Repair Activities on

Military Ocean Terminal Concord, Contra Costa County, California (Service File No.

08FBDT00-2020-F-0018) and the July 21, 2022, Formal Consultation for the Construction, Operation, and Maintenance of a Loading/Unloading Ramp at Military Ocean Terminal Concord

(MOTCO), Contra Costa County, California (Service File No. 2022-0000493-S7-001) that occur near the Action Area. None, however, have been specific to this Action Area.

Effects of the Proposed Action

Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action.

Mr. Nam P. Nguyen 7

SMHM have the potential to be within the immediate construction footprint of the project. Even though the habitat within the construction footprint is considered to be marginal, there is a considerably large expanse of higher quality habitat that surrounds the project site that likely supports the SMHM. SMHM could use the Action Area to move between these higher quality habitats surrounding the project site. The proposed project will likely generate temporary noise and visual disturbance from personnel and heavy construction equipment. Equipment noise, vibration, and visual disturbance may interfere with the normal behaviors of SMHM if present in the project area or immediately nearby. These behaviors include feeding, sheltering, reproducing, rearing, movement between refugia and foraging grounds, and other essential behaviors.

Affected SMHM may suffer from increased predation, competition, and reduced reproductive success. Project activities may cause actively nursing mice nearby to abandon their nests leading to mortality of their pups.

Intolerable levels of disturbance may force individual SMHM to flush from cover and expose themselves to contact with construction personnel and equipment. SMHM that come into contact with construction personnel or equipment are at risk of being trampled or crushed which could result in injury or mortality. If SMHM were utilizing the access road while moving through the

Action Area, they could be killed by being crushed under passenger vehicles and heavy equipment driving on the access road at the time of incident. SMHM could also get injured or killed if they were to come in contact with vegetation clearing equipment (e.g. powered string trimmers).

The USDOT, through its contractors, proposes to employ the flushing or hazing of mice to compel them to leave the Action Area before vegetation removal commences. The act of

“flushing” mice could result in injury, mortality, or stressors to individual SMHM that could interfere with normal behaviors. The likelihood of injury or mortality would depend on several factors such as the experience of the biologist conducting the activity, the methods, and resiliency of the individual SMHM. Even if no injury occurred, active hazing may cause immediate or latent stressors that could result in future harm and reduced survivability to the individual SMHM. This may manifest in adverse behaviors such as not being able to find or seek adequate shelter which could expose them to predation or adversely affecting foraging, feeding or reproductive behaviors.

The project will result in temporary impacts to 0.63 acre of habitat. The access road entering the project site is partially overgrown with marsh vegetation and may conceal SMHM. Therefore, the access road will be temporarily impacted to remove vegetation along the access road. In addition, vegetation within the fenced enclosure will need to be cleared around the work areas to allow access by wheeled and tracked equipment.

The restoration of the project area to near pre-development conditions is likely to have beneficial effects to SMHM. Removal of the infrastructure will allow the salt marsh to naturally reclaim the area, increasing the availability of habitat. In addition, removal of such structures limits incursions by people into the area thereby minimizing the potential of vehicle strikes and limiting disturbances that may adversely affect SMHM. Lastly, the removal of structures limits or removes potential perches for avian predators of SMHM, thereby minimizing some potential for predation due to the presence of these structures.

Mr. Nam P. Nguyen 8

The USDOT proposes to implement several conservation measures for the SMHM which include worker education, a Service-approved biologist on site during activities such as vegetation removal, preconstruction surveys, and exclusion fencing. These measures reduce, but do not eliminate the potential for adverse effects to the SMHM and may not be sufficient to reduce construction noise, visual disturbance, or physical impacts in areas where SMHM are present.

Cumulative Effects

Cumulative effects include the effects of future State, Tribal, local, or private actions that are reasonably certain to occur in the action area considered in this biological opinion. Future

Federal actions that are unrelated to the proposed project are not considered in this section; they require separate consultation pursuant to section 7 of the Act. During this consultation, the

Service did not identify any future non-federal actions that are reasonably certain to occur in the

Action Area of the proposed project.

Conclusion

After reviewing the current Status of the Species, the Environmental Baseline, the Effects of the

Action, and the Cumulative Effects, it is the Service’s biological opinion that the proposed FAA

Removal of Auxiliary Building, Antenna, and Fencing in MOTCO project is not likely to jeopardize the continued existence of the SMHM. This is based on the current status and distribution of the SMHM population range-wide, implementation of the Conservation Measures to minimize the adverse effects on individual SMHM and their habitats during construction activities, the short duration of demolition and removal activities, the small temporary impact to marginal habitat in a localized area, and the expected habitat improvement from infrastructure removal and marsh vegetation reseeding.

INCIDENTAL TAKE STATEMENT

Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harm in the definition of “take” in the Act means an act which actually kills or injures wildlife. Such [an] act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not the purpose of the agency action is not considered to be prohibited taking under the Act provided that such taking is in compliance with the proposed protective measures and the terms and conditions of an incidental take statement and occurs as a result of the action as proposed.

The measures described below are non-discretionary, and must be undertaken by the Army so that they become binding conditions of any grant or permit issued to the applicant, as appropriate, for the exemption in section 7(o)(2) to apply. The USDOT has a continuing duty to regulate the activity covered by this incidental take statement. If the USDOT (1) fails to assume and implement the terms and conditions or (2) fails to require the applicant to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to the

Mr. Nam P. Nguyen 9 permit or grant document, the protective coverage of section 7(o)(2) may lapse. In order to monitor the impact of incidental take, the USDOT must report the progress of the action and its impact on the species to the Service as specified in the incidental take statement [50 CFR

§402.14(i)(3)].

Amount or Extent of Take

The Service anticipates incidental take of SMHM will be difficult to detect or quantify because of their inherently elusive behavior, propensity to move rapidly through vegetation, and their cryptic occupancy in tidal marsh habitats resulting in low detectability. Therefore, the Service anticipates incidental take of all SMHM within the approximate 0.70 acre of the Action Area in the form of harm from the impairment of essential behaviors through the noise, vibration, and visual effects of construction and from active hazing. Upon implementation of the following reasonable and prudent measure, take in the form of harm from impairing essential behaviors within the 0.7 acre Action Area will become exempt from the prohibitions described under section 9 of the Act.

The Service anticipates that take in the form of wounding or killing of SMHM during the time of construction will occur due to the nature of the project, location, and the small area available for construction activities within high quality suitable habitat. The Service anticipates that no more than three (3) SMHM (1 per week of construction) will likely be subject to injury or mortality.

This number is based on detected individuals that would be injured or killed. The number of

SMHM that could be injured or killed will likely be higher due to their small size and difficulty in finding individuals that may have succumb to their injuries and expired in the tidal marsh where they could not be detected. The number also does not include undetectable nursing pups or young mice that expire from being abandoned in their nests. The number of undetected individuals that may be injured or killed from the project is anticipated to be small relative to the overall population of SMHM in the area. The population will likely take a temporary small reduction in numbers, but is expected to recover within the year. Upon implementation of the following reasonable and prudent measure, take in the form of harm from injury and mortality within the 0.70-acre Action Area will become exempt from the prohibitions described under section 9 of the Act.

Effect of the Take

In the accompanying biological opinion, the Service determined that this level of anticipated take is not likely to result in jeopardy to the SMHM.

Reasonable and Prudent Measure

The Service has determined that the following Reasonable and Prudent Measure is necessary and appropriate to minimize the effects of the FAA Removal of Auxiliary Building, Antenna, and

Fencing in MOTCO project on the species:

1. Adverse effects to the SMHM shall be minimized to the fullest extent possible.

Mr. Nam P. Nguyen 10

Term and Condition

In order to be exempt from the prohibitions of section 9 of the Act, the USDOT shall comply with the following term and condition, which implement the Reasonable and Prudent measure described above. This Term and Condition is nondiscretionary. The following Term and

Condition implement the Reasonable and Prudent Measure:

1. The project proponent shall fully implement the proposed project, including the conservation measures, the Reasonable and Prudent Measure, and the corresponding

Term and Condition as described in this biological opinion.

Reporting Requirements

In order to monitor whether the amount or extent of incidental take anticipated from implementation of the project is approached or exceeded, the USDOT shall adhere to the following reporting requirements. Should this anticipated amount or extent of incidental take be exceeded, the USDOT must reinitiate formal consultation as per 50 CFR 402.16.

1. The Service must be notified within 24 hours of the finding of any injured or dead listed species or any unanticipated damage to its habitat associated with the proposed project.

Injured listed species shall be cared for by a licensed veterinarian or other qualified person. Notification will be made to the contact below in Reporting Requirements, and must include the date, time, and precise location of the individual/incident clearly indicated on a U.S. Geological Survey 7.5 minute quadrangle or other maps at a finer scale, as requested by the Service, and any other pertinent information. When an injured or dead individual of the listed species is found, the Reclamation shall follow the steps outlined in the Disposition of Individuals Taken section below.

2. Sightings of any listed or sensitive animal species shall be reported to the Service and

California Natural Diversity Database

(https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data).

Disposition of Individuals Taken

Injured listed species must be cared for by a licensed veterinarian or other qualified person(s), such as a Service-approved biologist. Dead individuals must be sealed in a resealable plastic bag containing a paper with the date and time when the species was found, the location where it was found, the name of the person who found it, and the bag containing the specimen frozen in a freezer located in a secure site, until instructions are received from the Service regarding the disposition of the dead specimen. The Service contact person is Jana Affonso, Assistant Field

Supervisor of the Endangered Species Division at (916) 930-2664.

REINITIATION—CLOSING STATEMENT

This concludes formal consultation on the FAA Removal of Auxiliary Building, Antenna, and

Fencing in MOTCO project. As provided in 50 CFR §402.16, Mr. Nam P. Nguyen 11

(a) Reinitiation of consultation is required and shall be requested by the Federal agency or by the Service, where discretionary Federal involvement or control over the action has been retained or is authorized by law and:

(1) If the amount or extent of taking specified in the incidental take statement is exceeded;

(2) If new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered;

(3) If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion or written concurrence; or

(4) If a new species is listed or critical habitat designated that may be affected by the identified action.

(b) An agency shall not be required to reinitiate consultation after the approval of a land management plan prepared pursuant to 43 U.S.C. 1712 or 16 U.S.C. 1604 upon listing of a new species or designation of new critical habitat if the land management plan has been adopted by the agency as of the date of listing or designation, provided that any authorized actions that may affect the newly listed species or designated critical habitat will be addressed through a separate action-specific consultation. This exception to reinitiation of consultation shall not apply to those land management plans prepared pursuant to 16 U.S.C. 1604 if:

(1) Fifteen years have passed since the date the agency adopted the land management plan prepared pursuant to 16 U.S.C. 1604; and

(2) Five years have passed since the enactment of Public Law 115-141 [March

23, 2018] or the date of the listing of a species or the designation of critical habitat, whichever is later.

Please address any questions or concerns regarding this response to Brian Hansen, Senior Fish and Wildlife Biologist, at Brian_Hansen@fws.gov or (916) 930-5642 or Kim Squires, Section 7

Division Manager, at Kim_Squires@fws.gov. Please refer to Service file number 2022-0014966-

S7-001 in any future correspondence regarding this project.

Sincerely, Donald Ratcliff

Field Supervisor

Mr. Nam P. Nguyen 12

LITERATURE CITED

(CDFW). California Department of Fish and Wildlife. 2022. California Natural Diversity

Database. Biogeographic Data Branch, Sacramento, CA. Accessed at https://apps.wildlife.ca.gov/bios/ May 23, 2022.

Chesser, R.T., R.C. Banks, C. Cicero, J.L. Dunn, A.W. Kratter, I.J. Lovette, A.G. Navarro

Siguenza, P.C. Rasmussen, J.V. Remsen, Jr., J.D. Rising, D.F. Stotz, and K. Winker.

2014. Fifty-fifth supplement to the American Ornithologists' Union_Check-list of North

American Birds. Auk 131: in press.

Downard, G.T., P. Guertin, and M. Morrison. 1999. Characterization of wildlife and plant communities for Naval Weapons Station Seal Beach Detachment Concord. July 1998 to

September 1999 results. Prepared for Department of Navy, Natural Resource

Management Branch, Engineering Field Activity West, San Bruno, CA.

Maley, J.M. and R.T. Brumfield. 2013 Mitochondrial and next-generation sequence data used to infer phylogenetic relationships and species limits in the Clapper/King rail complex.

Condor 115:316-329.

Service. 2013. Recovery Plan for Tidal Marsh Ecosystems of Northern and Central California.

Sacramento Fish and Wildlife Office, Sacramento, California. xviii + 605 pp.

https://ecos.fws.gov/docs/recovery_plan/TMRP/20130923_TMRP_Books_Signed_FINA

L.pdf

_____. 2021. 5-YEAR REVIEW: Salt marsh harvest mouse (Reithrodontomys raviventris). San

Francisco Bay-Delta Fish and Wildlife Office, Sacramento, California. 29 pp.

https://ecos.fws.gov/docs/tess/species_nonpublish/3630.pdf