Utah
BUREAU OF LAND MANAGEMENT
Utah State Office
P.O. Box 45155
Salt Lake City, UT 84145-0155
http://www.blm.gov/ut/st/en.html
IN REPLY REFER TO:
6840 / (UT-933)P July 30, 2009
Instruction Memorandum No. UT 2009-045
(Expires: 09/30/2010)
To: All Field Offices
From: State Director
Subject: Implementation of the New 6840 Manual and FWS Regulations DD: August 1, 2009
Program Area: Special Status Species Management
Purpose: On December 12, 2008, the new 6840 Manual (Special Status Species Management) was signed (See the Washington Office Instruction Memorandum No. 2009-039 for details). Implementation of the new manual is to begin immediately. There are several changes of which you should be aware. Therefore, those involved in the management of listed and non-listed sensitive plant and animal species should carefully review the new manual and become familiar with its contents. The following changes are not inclusive but represent a sampling of the changes that have been made.
Policy/Action: 1. Sensitive Species Lists
One of the most significant changes in the manual is a modification of the criteria applied to the designation of Bureau of Land Management (BLM) sensitive plant and animal species. In light of these changes, the Washington Office has requested that the individual States develop new sensitive plant and animal species lists by December 31, 2009. Work on these new lists will need to commence now. Each District should identify appropriate contacts for this effort and submit names to Ronald Bolander of my staff by August 1, 2009. Ron will then work directly with these employees to develop a draft list that will be submitted to the local scientific community for peer review. This effort should be conducted in an interdisciplinary manner. Steve Madsen will be the lead person in the development of the sensitive animal species list and Justin Jimenez will be the lead for the sensitive fish species list. For coordination purposes, the draft list will also be submitted to the BLM State Directors in adjacent States for their review of species that may overlap onto public lands in their States (per one of the new criteria). Perhaps the most noteworthy change regarding the new sensitive species lists is that BLM cannot automatically use individual State sensitive wildlife lists as our own. We must develop our own sensitive wildlife list.
As you consider the new sensitive plant, animal, and fish species lists, evaluations should be based on the following criteria as discussed in the new manual:
- Species designated as Bureau sensitive must be native species found on BLM-administered lands for which the BLM has the capability to significantly affect the conservation status of the species through management, and either:
- There is information that a species has recently undergone, is undergoing, or is predicted to undergo a downward trend such that the viability of the species or a distinct population segment of the species is at risk across all or a significant portion of the species range, or
- The species depends on ecological refugia or specialized or unique habitats on BLM-administered lands, and there is evidence that such areas are threatened with alteration such that the continued viability of the species in that area would be at risk.
These criteria are quite different from those found in the old 2001manual. Lastly, the new manual requires a review and update of the sensitive species lists every five years.
2. Current sensitive species lists will continue to be used
For management purposes, Utah BLM will continue to use the current sensitive plant and animal lists until the new lists have been completed and implemented. However, there is one change to the current sensitive plant species that is to be implemented immediately. Due to recent actions taken by the U.S. Fish and Wildlife Service, the potential for significant impacts resulting from various land uses, and because the species clearly meets the new criteria for sensitive species status, the horseshoe milkvetch (Astragalus equisolensis) has now been added to the current list. This species will be on the list until the new sensitive plant list has been completed and implemented.
3. Level of Protection for Non-listed Sensitive Species
In the 2001 manual, the direction for protection of species on the State Director’s Sensitive Species list was, “…The protection provided by the policy for candidate species shall be used as the minimum level of protection for BLM sensitive species…” The guidance in the new manual is as follows, “…Bureau sensitive species will be managed consistent with species and habitat management objectives in land use and implementation plans to promote their conservation and to minimize the likelihood and need for listing under the ESA…”
New guidance not contained in the 2001 manual has been provided regarding placing candidate and other species on the sensitive species list and is as follows: “…All Federal candidate, proposed species and delisted species in the 5 years following delisting will be conserved as Bureau sensitive species…”
4. Land Use Plans
New guidance relating to land use planning has also been provided. “…In the context of a land use plan, the agency action of approving a plan is complete upon approval and a plan is therefore not an ongoing action over the life of the plan. For this reason, reinitiation of consultation is not required if, for example, a new species is listed or critical habitat is designated after a plan is approved…”
Nevertheless, the manual makes clear that BLM land use plans and subsequent implementation –level plans should identify appropriate outcomes, strategies, restoration activities, use restrictions, and management actions necessary to conserve and/or recover listed species as well as provisions for the conservation of Bureau sensitive species.
5. Monitoring, Inventories and Conservation Strategies.
Monitoring populations of Bureau sensitive species should occur to determine whether management objectives are being met. Records of monitoring activities are to be maintained and used to evaluate progress relative to such objectives. BLM is to conduct and maintain current inventories of BLM special status plant and animal species. BLM should participate in the development of interagency conservation plans and strategies. BLM should be signatories to such documents. Personnel should be made available to participate in the development of conservation plans and strategies.
6. Counterpart Regulations
Counterpart regulations provide the BLM an alternative approach for completing informal Section 7 consultation on National Fire Plan projects. Qualifying projects include prescribed fire, mechanical fuels treatments, emergency stabilization, burned area rehabilitation, road maintenance and operation activities, ecosystem restoration, and culvert replacement actions. Utah BLM should use make use of the counterpart regulations whenever possible. Please remember that a calendar yearend report is required for submission to U.S. Fish and Wildlife Service. Ron will coordinate this effort with the appropriate field personnel.
6. Implementation of the new Endangered Species Act Regulations
The new administration has placed a hold on implementing the Section 7 consultation regulations that were published in the December 16, 2008 Federal Register. Therefore, until further notice continue to use the old regulations.
7. Summary
As previously discussed, not all of the changes in the 6840 manual have been discussed in this memorandum. Personnel who use the manual should carefully review the new document in order to become familiar with the changes. The new manual should be implemented immediately. The existing State Director’s sensitive plant and animal lists will continue to be used (including the one addition to the plant list discussed above) until the new lists have been completed. Any comments or questions can be directed to Ronald Bolander of my staff.
Timeframe: This Instruction Memorandum is effective immediately upon receipt.
Budget Impact: There would be minimal budget impact resulting from the implementation of Instruction Memorandum.
Directives/Manuals/Handbooks Affected: 6840 Manual Special Status Species Management.
Coordination: This Instruction Memorandum has been coordinated with WO-230 and further implements WO Instruction Memorandum No. 2009-039.
Contact: Any comments or questions can be directed to Ronald Bolander (801) 539.4065) of my staff
Signed by: Authenticated by:
Selma Sierra Rosie Geren
State Director Records Manager
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